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Home My WebLink AboutDillingham Engineering Construction; 1983-01-06; 1124CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for PARKING LOT BETWEEN ELM & OAK AVENUE AT A.T. & S.F. CONTRACT NO. 1124 DEVELOPMENTAL SERVICES ' D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 [X Engineering Department (714) 438-5541 D Housing & Redevelopment Department 3096 Harding St. (714)438-5611 D Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Cttp of Carfefeab November 18, 1982 ADDENDUM NO. 1 SUBJECT: PARKING LOT BETWEEN ELM AND OAK AVENUE AT A.T. & S.F. CONTRACT NO. 1124 The following correction is made to the subject contract: 1. On Sheet 1 of Plans, change the following: a) change street section from 3" A.C. on 4" A.B. to 2" A.C. 6" A.B. b) OMIT - NOTE: Quantities for undercut are not included in total. c) ADD - Undercut quantities are included in clearing and grubbing: and no separate payment will be made. 2. On Page 74 of Specifications, Item 4B, change: a) street section thickness from 3" A.C. over 4" A.B. to 2" A.C. over 6" A.B. If you have any questions regarding these changes, please feel free to contact this office. 5AT ENTEZARI Assistant Civil Engineer PE:cal Attachments TABLE OF CONTENTS \ ITEM . ' • PAGE NOTICE INVITING BIDS ^ 1 PROPOSAL .3 BIDDER'S BOND TO ACCOMPANY PROPOSAL . 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ' . .10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT ~ . . 12 ;"" HUD REQUIREMENTS 27 LABOR AND MATERIALS BOND 17 PERFORMANCE BOND 19 GENERAL PROVISIONS • 21 SPECIAL PROVISIONS . .73 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 22 day of November » 19 82 at which time they will be opened and read for performing the work as follows: CONSTRUCTION OF PARKING LOT BETWEEN ELM & OAK AVE. AT A.T. & S.F. • CONTRACT 'NO. 1124 The work shall be performed in strict conformity-with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3» Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate is $46,000. No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of State law. The contractor shall state his or her license number and classification in the proposal. One set of plans, special provisions and contract documents may be obtained at. the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of ' per set. Page 2 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. A prebid meeting and tour of project site will not be held on -- ••' .-....,.- at at Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ^ Ql-f^ > adopted on the eg m p day of AO 19 . . __Date' -*-'-'"•-- y Aletha L. Rautenkranz, City Clerk CITY OF CARLSBAD CONTRACT NO. ; "1124 PROPOSAL Page 3 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labors. materials, equipment, transportation and services required to do all the work to complete Contract No. 1124 in accordance with the Plans and Specifications of the City of Carlsbad, and the special provisions,,and that he/she will take in full payment therefor the following unit process for each item complete, to wit: Article w/Unit Price or Lump Sum Written in Words Earthwork lollars cents per cubic yard. Clearing & Grubbing at dollars & • ' ' • - • ' ''_'.' cents pel lump sum. Paying 2" A.C./6" At,B* _at per square foot. 6" P.C.C. type G curb at & cents per linear foot. Approximate Quantity & Unit 470 c.v. L.S. 26000 s.f. 400 L.F. Unit Price TOTAL ..s. 4ddO. - j2 S I 7 Page 4 Item No. 5 Article w/Unit Price or Lump' Sum'Written ' in Words 2x4 redwood header at dollars & cents Approximate Quantity • -& Unit' • 625 L.F. C^L^ Unit Price •.#0" - 'Total D $1) . 3h^~ per linear foot. > ., 6" P.C.C. cross gutter at dollars & cents per square foot. ' P.C.C brow ditch and RIP RAP energy dissipator at '; • ;; "^i-gywX "^Mjif.'^TMiJUcL-Jr dollars & cents per linear foot. Total amount of bid in words: Total amount of bid in numbers: ALT. -A Landscaping and Irrigation omplete in place at Dollars cents per lump sum. Addendum (a) No(s) ; is/are included in this proposal. L.S.-^ ' has/have been received and . Page 5 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 a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned .in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No • Identification The undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ^ ^j /^>^ /^^ CL__ (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 6 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions-of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. BiLUNGHAM ENGINEERING CONSTRUCTION P. 0. Box 3233 UUOLLA, CAUFORNIfi 92038 ; ; f-rn r.figQ Phone Number Bidder s"rsNiaJme Date Authorized' Signature Authorized Signature _ ___ _ Bidder's Address 1'ype of Organization (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, DILLINGHAM ENGINEERING CONSTRUCTION , as Principal, and Amwest Surety Insurance Company ' , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of 10% of amount bid, not to exceed $4.000.00 Do liars ($ 4,000.00 )~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 presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: CONSTRUCTION OF PARKING LOT BETWEEN ELM & OAK AVENUE AT A.T. & S.F. CONTRACT NO. 1124 in the City of Carlsbad, is accepted by the City Council of said City, and if the abovebounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this b6nd. IN WITNESS WHEREOF, we hereunto set our hands and seals this igth day of November » 19 82 Corporate Seal (If Corporation) DILLINGHAM ENGINEERING CONSTRUCTION Principal I /? /]• f~i J * -a XJ $0' (i LAmwest Surety Ja^uranp-t/Company Lx^-?^t,<fC^i^7 / \ ^-^£s*~*^~\r~**A^€!'W\\.}!.) By y$?&ft'g,i*_ ^ By: Adam F. Dillingh,™ .Tr- v Andy Fafitft ^/ £/ Title At.torney-in-Fact (Notarial acknowledgement of execution by all PRINCIPALS and (Attach acknowledgement of SURETY must be attached.) Attorney in Fact) TO l»44 CA 16 741 (Individual) STATE OF CALIFORNIA COUNTY np San Diego November 19th, 1982 SS. rrnjE INSURANCE ANDTRUST A TKDIt COMPANY tuKux u ft.< 0) f Onv State, personally appeared. before me. the undersigned, a Notary Public in and for said Adam 1?. jn i"l 1 i' n gh am, Jr^. , , whose nameto be the person_ to the within instrument and acknowledged that, executed the same. WITNESS my hand and official seal. Signature _., known to me subscribed he i3?5Ef55?552 OFFICIAL SEAl „,, JUDITH C. SHIVELY "t| NOTARV PUSLIC- CALIFORNIA $ PRINCIPAL OFFICE IN -1 SAN DIEGO COUNTY. (This aru for official notarial seal) STATE OF CALIFORNIA, COUNTY OF.SAN DIEGO . ss. On „ ^L , before me a Notary Public, within and for the said County and State, personally appeared Andy Faust , known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the AMWEST SURETY INSURANCE CO., and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE CO. thereto as Surety, and his own name as Attomey-in-Fact. c,«nn.-pow?Qi^q?q?is'K?SS?eSffiaar5SZS252552S5KS^ / OFFICIAL SEAl JUDITH C. SmVELY I NOiARt PUBLIC • CALIFORNIA PRINCIPAL OFFICE )N SAN DIEGO COUNT* My Commission Expire* May 20, 1935 TO t>«4 CA 18-741 (Individual) STATE OF CALIFORNIA COUNTY OF San Diego ... November 19th, 1982On . : Iu Kb> I U B. < > ss. TTTUE INSURANCE ANDTRUST ATXXMI COM PANT before me. the undersigned, & Notary Public in and for said State, personally appeared.AdamF T)i 1 1 ingham., Jr. to be the person _whose name to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature , known to me subscribed he OFFICIAL SEAl g JUDITH C. SH1VELY | NOTARY PUBLIC - CALIFORNIA pj PRINCIPAL OFFICE IN _.,., SAN DIEGO COUNTY. My Commission Expires May 20, 1985 g (This mica for official notarial seal) AM WEST SURETY INSURANCE COMPANY 6301 Owensmouth Avenue, Suite 304 Woodland Hills, California 91367 Telephone 213: 704-1111 31# 9 0, POWER OF ATTORNEY , N )x KNOW ALL MEN BYTHESE PRESENTS, That AMWESTSURETY INSURANCE COMPANY, ACALIFORNIA CORPORATION does hereby make, constitute and appoint AN DY FAUST— P. C. FAUST— ARTYCE McGUIRE— - JOANNE BURDETTE — ELAINE MOSS — RENEE UHLIG — J. WOLOHAN — REGAN D. JAMES GEORGANN McCROSSON x '\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 seat is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows1 / - \ " *\ CONTRACT, LICENSE, PERMIT, COURT & MISCELLANEOUS BONDS TO $250,000.00 and to bind AMWEST SURETY INSURANCE COMPANY thereby, and alt of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provi- sions of the By-Laws of the company, which are now in full force and effect: Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsiir>:!e under and by the authority of the following resolutions adop- , ted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975, ^ RESOLVED that the president or any vice-president, in conjunction with the.secretary or any assistant secre- tary, may appoint attorneys-m fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case/ for and on behalf of the company to execute and deliver and affix the seal of the corr»" pany to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove •___ any such attorney-in-fact or agent and.revoke any power of attorney previously granted to such person. , „ RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be vtalid " , ., and binding upon the company.' f? •-'*/ = - "•"-'.-'••" •' . . •-i? ""V' * (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any ^ *"tiia, ,, secretary, or assistant secretary;,or •. '" .\-.~,,Jyf (>>}. when signed by the president or any vice-president or secretary or assistant secretary, and countersigned-.--„»_ ,.^ and sealed (if a seat be required) by a duly authorized attorney-in-fact or agent;or '.. ' .' J .' , *Y^*\-=y" (iii)/when duly executed and sealed (if a sea! be required) by one or more attorneys-in-fact or agents pur- .,,'/ suant to and within the limits of the authority evidenced by the power of attorney issued by the company to such _j person.br persons. . •'•/ ' ."x '"v* - - •• ~ •••••;'•''•-' "*•**.. ••.,•••>•-> ,' #**& • / ~ f ' , - X j?* RESOLVED-FURTHER thafthe signature of any authorized officer and the seal of the company may be, affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of' any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal '•',.*' when so used shall have the-same force and effect as though manually affixed. ' IN WITNESS WHEREOF," AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this .17th _ day of September _ 19__SIL- .WEST SURETY INSURANCE COMPANY Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss nn this 17thday nf September A.D., 19_81, personally came before me Richard H. Savag anH Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY.CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. • • p-s \f~• ll-i i (SEAL) OFFICIAL SEAL I OYANNE A. CALAHAN j NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY l^g^j/ M» Common E»p.«^2MWj |,w»«i«.««—««"l»"t"*MI'"""*"M"™ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss Notary Public I, the undersigned. CERTIFICATE secretary of the AMWEST SURETY INSURANCE COMPANY . a California corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at AW-2 Secretary Page 8 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Full Complete Items of Company Address Phone No. Work Name w/Zip Code w/Area Code Page 9 DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Name Type of State Contracting License & No. Vo Carlsbad Business License No.* Amount of Bid ($ or %) ^Licenses are renewable annually by January 1st.- If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. D1LUNGHRM EHGiNtERING CONSTRUCTION of (Notarize or Corporate Seal) P. 0. Box 32E3 ^HiA 92038 Bidder s ^< Bidder s Complete _Address v ' U Authorized Si Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. h (Notarize or Corporate Seal) Signature Z 0. ,0 O U J H H QJK O O STATE OF CALIFORNIA C'OUNTY On State, personally appeared ss. befomm&j thcjinrdersigued, a Notary.Public in and for said to be the n/rson J that . whose name._ the same. WITNESS my^T3Hdjuo»lJiffidaLscal f I A PR-43 (30) , known to me subscribed to the within instrument and acknowledged OFFICIAL SEAL -I MITCHELL NOTARY PUBLIC - CAUFORNiA SAN D!ERp COUNTY . expires APR 27 1034._ . F *^u > if (This area for official notarial teil) TO 1944 CA (8-74) (Individual) STATE OF CALIFORNIA COUNTY OF San Diego •On October 6, 1982 i SS. INSURANCE ANDTRUST AT1COR COMPANY t un:uX uJ0.I 1 State, personally appeared Adam Dillingham -before me, the undersigned, a Notary Public in and for said to be the person _whose name_ ., known to me subscribedheto the within instrument and acknowledged that executed the same. -"'^onheas is of satisf actor; WITNESS my hand and official seal. Signature ^.vff^^^r-f^~f^~^'7-f^-^^ _7-^~- — H OFFICIAL SEAL | WANDA P GERWIG | NOTAR1 PUBLIC - CAi.^'O^NIA ,( SAN DIEGO COUNTY J My comm. expires MAY 13, 1985J' . »--=«—=jw-^6=i^=j»v^^^=s53e\ (This area for official notarial seal) DIL.UNGHAM ENGINEERING CONSTRUCTION 7432 CUVIER AVENUE LA JOLJLA, CALIFORNIA 92.O37 PHONE 714/450-6068 UIC. #4O463O OCTOBER 6, 1982 STATEMENT OF FINANCIAL CONDITION ASSETS $ 2,000.00 ACCOUNTS KtiUtilVtiALbJi 15,000.00 REAL ESTATE 200,000.00 irtPPHTPIPC; CASH ON HAND ACCOUNTS RECEIVEALBE VECHICLESV u^iiJ-ouno EQUIPMENT CONST. 81,320.00 TOOLS & MISC. PROPERTIES 10,000.00 NET WORTH $328,320.00 LIABILITIES ACCOUNTS PAYABLE $ 8,000.00 CONTRACTS PAYABLE 28,369.00 REAL ESTATE . 80,000.00 TAXES 5,121.00 $121 ,490.00 TOTAL ASSETS $328,320.00 TOTAL LIABILITIES $121,490.00 $206,830.00 Page 11 BIDDER'S STATEMENT OF 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/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. Date Contract. Completed ' • Name and address of the Employer //TT/K/ie• j i — • . • -. • - •. Maine and Phone No. of Person to Contact 1 (\ T. i .I Type of Work ' ••-• . Amount of Contract (Notarize or Corporate Seal) Signature TO 1944 CA (8-74) (Individual) STATE OF CALIFORNIA San DiegoCOUNTY OF_ \ uKU X UJL I I, V SS. TITlJE INSURANCE ANDTRUST ATICOR COMPANY On.December 3, 1982 State, personally appeared Adam F. Dillingham, Jr. before me, the undersigned, a Notary Public in and for said to be Ihe person whose name .l.S to the within instrument and acknowledged that, executed the same. WITNESS my hand and official seal. Signature _J , known to me subscribedhe P.IAL SFAL WANDA P GE.RWIG SAN DIEGO COUNiY My comm. expiies MAY 13, PHONE (714) 236-6210 THE CITY OF SAN DIEGO PURCHASE ORDER 33798 1222 FIRST AVENUE CITY OPERATIONS BUILDING SAN DIEGO, CALIFORNIA 92101 PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPMENTS . DATE REQUISITION NO. VENDOR NO. 5-24-82 W-06946 614917 DIE F DILLINGHAM ENGINEERING CONSTRUCTION P.O. BOX 3283 •'••- 7432 CUVIER STREET : LA JOLLA, CA 92037 J<- NOTE SEE REVERSE SIDE OF P.O. FOR CONDITIONS d D MAIL TRIPLICATE INVOICES TO: CITY AUDITOR & COMPTROLLER SEVENTH FLOOR CITY ADMINISTRATION BUILDING SAN DIEGO. CA. 92101 MAIL QUADRUPLICATE INVOICES SAN DIEGO PUBLIC LIBRARY 820 E STREET SAN DIEGO. CA. 92101 INVOICE INSTRUCTIONS BELOW SHIP ikT0 V SITE - F.OB SAN I DIEGC M . _ : * "" ""' " ' .-'"'•'.• •.'- ' • -• " . ' / •' • ' ' -" . '' REQUESTING DEPT. E £D ' ' ' DELIVER O DEPT. CONTACT . PEbLER |PHONE i> 4 y 8 ' 5U WOKl^I ORDERED QUANTITY UNIT / FUND/ DEPT. 3245 — **. ." * " - ORGANI ZATION 102 "DESCRIPTION - /STOCK NO. THE CONSTRUCTION OF COAST WALK DRAINAGE AND" PARKING LOT .RESTORATION - ' J.O. #118163 -"" ""•" , •.'- '••-.-.'. -.'-.,-'•". BID f}4549M --..-• SPEC #4945 ". • " - - . . - CIP #58-004 .- . •'-"• COUNCIL DISTRICT 1, MITCHELL PAYMENT- TERMS IN ACCORDANCE WITH ABOVE CONTRACT. •_"•'.-. ' .,•>•. _.„ .^ .- _ - -• — •., " MAIL 4 COPIES OF. INVOICES TO: ENGINEERING S DEV., FIELD INSPECTION - 1970 "-B" STREET, MS 22 SAN DIEGO, CA 92102 . - - - ' - N OR BEFORE NG DAYS - ' - . - " IOR ORDFR ..-••••• TOTAL ENCUMBRANCEOBJECT JOB ORDER . .. - - GEN/LED RESOt- BENEF - FACILITY AUDITOR ' . ' - A/~<~rM IUT " ORO.. OR DEPT. CERT.ACCOUNT • e - AMOUNT .: CE - • - - INCL. TAX LESS DISC. CITY AUDITOF 4220 118163 - §5,1515.00 - - ' • - „ . R p OQJ*5 TERMS % DAYS 0.0 00 UNIT PRICE ' ••- $ TAX CODE N DISCV /TA> ^_ - RTIFIED BY " . 1 AND COMPTROLLER ALPH E. HALL URCHASING AGENT RALPH E. HALL/ BUYER MS PHONE (714) 236-6210 - N 't! PURCHASE ORDER 30824 ,' • •*,*> ... DATE REQUISITION NO. VENDOR NO. " . .. 1222 FIRST AVENUE 3-4-82 'W-06877 126938 DIE .CITY OPERATIONS BUILDING SAN DIEGO. CALIFORNIA 92101 ' PURCHASE ORDERNUMBER MUSTAPPEAR ON ALLINVOICES ANDSHIPMENTS F DILLINGHAM ENGINEERING CONSTRUCTION P.O. BOX 3283 . , \7432CUVIERAVENUL - LA JOLLA, CA 92037 NOTE SEE REVERSE SIDE OF P.O. FOR CONDITIONS D." D D MAIL TRIPLICATE INVOICES TO: CITY AUDITOR & COMPTROLLER SEVENTH FLOOR • CITY ADMINISTRATION BUILDING SAN DIEGO. CA. 92101 MAIL QUADRUPLICATE INVOICES SAN DIEGO PUBLIC LIBRARY 820 £ STREET . SAN DIEGO, CA. 92101. INVOICE INSTRUCTIONS BELOW SITE F.O.B. SAN DIEGO REQUESTING DEPT.f f\& \J DEPT.CONTACT "5520 DELIVER ON OR BEFORE 60 WORKING DAYS TERMS - % DAYS 0.0 00 TAX CODE " N - ORDERED ' QUANTITY UNIT DESCRIPTION /STOCK NO.UNIT PRICE DISC. /TAX ! RECONSTRUCTION OF. FAIRMOUNT AVENUE DRAIN INLETS BETWEEN INTERSTATE 8 AND MEADE . AVENUE - ' -J.O. S117967 :- - > " - BID fi4350M - -. SPEC. #4998 " COUNCIL DISTRICT: NO. 3 '•'...' PAYMENT IN TERMS ACCORDING. TO ABOVE CONTRACT. -•-.- MAIL- 4. COPIES OF INVOICES JO: " ENGINEERING & DEVELOPMENT, FIELD 1970 1!Btf STREET, MS 22" - : - " SAN DIEGO, CA 92102- •.. : NSPECTI >N FUND/ CEPT. ORGANI .iATION OBJECT GEN/LED ACCOUNT JOB ORDER RESOL ORO..OR PROJ NO. BENEF/OEPT.FAC,LITy - AUDITOR CERT. TOTAL ENCUMBRANCE $ - AMOUNT 4NCL. TAX LESS DISC. CERTIFIED BY ' CITY AUDITOR AND COMPTROLLER 0245 101 4114 117967 $20,934.00 RALPH E. HALL PURCHASING AGENT RALPH E. HALL/V BUYER MS fl22 PHONE (714) 236-6210 PURCHASE ORDER 26937 1222 FIRST AVENUE CITY OPERATIONS BUILDING SAN DIEGO, CALIFORNIA 92101 PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPMENTS ^DATE REQUISITION NO. VENDOR NO. 12-8-81 W-06864 126938 DIE F DILLINGHAM ENGINEER:ING CONSTRUCTION 7432 CUVIER AVE. LA JOLLA, CA. 92037 NOTE SEE REVERSE SIDE OF P.O. FOR CONDITIONS D D MAIL TRIPLICATE INVOICES TO: CITY AUDITOR & COMPTROLLER SEVENTH FLOOR CITY ADMINISTRATION BUILDING SAN DIEGO, CA. 92101 MAIL QUADRUPLICATE INVOICES SAN DIEGO PUBLIC LIBRARY 820 E STREET SAN DIEGO. CA. 92101 INVOICE INSTRUCTIONS BELOW SHIP & ~ „- TO «f Silt F.OB. SAN DIEGO M M REQUESTING DEPT. DELIVER 0 on WDPK!K DEPT.CONTACT J MERSHON IPHONE 5520 HUI*I»I. ORDERED QUANTITY UNIT FUND/ DEPT. 30244 ****** ORGANI ZATION 102 DESCRIPTION /STOCK NO. CONSTRUCTION OF CURB, GUTTER AND RESURFACING ALONG THE EAST SIDE OF LA JOLLA BOULEVARD BETWEEN BONAIR STREET AND NAUTILUS. J.O. #118058 BID #4221 M SPEC. #4986 COUNCIL DIST. #1 CIP 58-004 PAYMENT IN TERMS ACCORDING TO JS ABOVE CONTRACT. SEND 4 COPIES OF INVOICES TO: E & & FIELD INSPECTION MS. #22 1970 "B" ST., S.D. CA. 92102 MS. #22 OBJECT GEN/LED. ACCOUNT 4220 N OR BEFORE G DAYS JOB ORDER TOTAL ENCUMBRANCE TERMS % DAYS 0.0 00 UNIT PRICE $ TAX CODE N DISC./ /TAX RESOL. BENEF. FACILITY AUDITOR ORD., OR DEPT. ' CERT.PROJ NO AMOUNT CERTIFIED BY INCL. TAX LESS DISC. CITY AUDITOR AND COMPTROLLER 118058 8626.50 R p R e ufl,t. nH ALPH E. HALL JRCHASING AGENT LL/LS BUYER PHONE (71*1^36-6210 ORDER /^; 1222 FIRST AVENUE CITY OPERATIONS BUILDING SAN DIEGO. CALIFORNIA 92101 PURCHASE ORDER ' NUMBER MUST APPEAR ON ALL r INVOICES AND SHIPMENTS -'- P 3-4-82 REQUISITION NO. ' W-06876 I* .. ' : ••" • ." ' .".''"- - '' ,'-': " "^ " "" • '• "; DILLINGHAM ENGINEERING CONSTRUCTION :" P.O. BOX 3283 . "- .: : ,••."•'- • v 7432 CUVIER AVE. ' '--•..;;• ^ J - LA-JOLLA, CA. 92037 : '..' :v ; X ;V:-'. -. • ~r NOTE SEE REVERSE SIDE OF P.O. FOR "CONDITIONS ;1;D in MAIL TRIPLICATE INVOICES TO: CITY AUDITOR & COMPTROLLER SEVENTH FLOOR CITY ADMINISTRATION BUILDING SAN DIEGO. CA. 92101 MAIL QUADRUPLICATE INVOICES - SAN DIEGO PUBLIC LIBRARY . B20E STREET ., SAN DIEGO, CA. 92101 INVOICE INiSTRUCTIONS BELOW . SITE N "DIEGO REQUESTING DEPT. DEPT. CONTACT MERSHON 552 DELIVER ON OR BEFORE 30 WORKING DAYS "-TERMS TAX CODE .. DAYS 0.0 ' 00 N ORDCRED QUANTITY " "UNIT DESCRIPTION -'/STOCKNO.UNIT PRICE DISCC/ /TTAX THE CONSTRUCTION OF 25TH ST. IMPERIAL AVE. STORM DRAIN. J.O. #117974 : BID SPEC. #4997 COUNCIL DIST. #4 .'. PAYMENT IN TERMS ACCORDING TO ABOVE CONTRACT. - - , " ' -• - ."; ;'.,.' SEND 4_ COPIES OF INVOICE TO: "., -E & D FIELD INSPECTION, WS." #22 ' 1970 "B" ST., S.D..CA. MS. #22 i mot £PT. ORGAN! 2ATION- OBJECT" GEN/LED. .ACCOUNT JOB ORDER RESOL. ORD. OR - PROJ. NO. BENEF. DEPT.FACILITY AUDITOR - •''•-' - -TOTAL ENCUMBRANCE $ ' AMOUNT. INCL. TAX LESS DISC. CERTIFIED BY CITY AUDITOR AND COMPTROLLER 3245 394 4114 117974 14,21 2*50 3 .RALPH E. HALL .. PURCHASING AGENT R.E.HALLAS .BUYEft Page 12 CONTRACT - PUBLIC WORKS This agreement is made this day of , 19 , by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and T> / jl L / A/frft/Uf whose principal place of business is /—ft" O ^> I— V_ A , (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the contract documents for: CONSTRUCTION OF PARKING LOT BETWEEN ELM & OAK AVENUE AT A.T. & S.F. CONTRACT NO. 1124 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or the plans and specifications; and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment . As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph) . a. In the total amount of -~" to be made in a lump sum not later than 35 days from the date of the filing of the notice of completion. b. In the total amount of 39 y ^^fe.foZ to be made in periodic payments as shown on the payment schedule attached hereto and made a part hereof. c. On a unit price basis of - — • — per unit to be made as shown on the payment schedule attached hereto and made a part hereof. Page 13 Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcome unanticipted underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditons are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incured in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless signed by the City Manager nor shall any change or extra work order of more than $10,000.00 be effective unless approved by the City Council. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. Page 14 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. 10. Insurance. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers Compensation. Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, Contractor shall either: a. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or b. Shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. Page 15 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" -or "Special Provisons" attached hereto and made a part hereof. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Title Ass4rftant XJAtfy CITY OF CARLSBAD, CALIFORNIA City Manager, for contracts less than $10,000 Mayor, foi^ contracts $10,000 and above ATTEST: Clerk 7~~7 TITLE INSURANCE £cc <o STATE OF CALIFORNIA COUNTY OF San Dieg° On this the 6th day of SS. J^nuary_un UIK> 11 ic ^ Notary Public in and for said County and State, personally appeared _ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ whose name_i§_ subscribed to the within instrument and acknowledged that _J3^L_ executed the same. £Signature of Notary , before me the undersigned, a OFFICIAL WANDA P GERWIGNOTARY PubuC - CA:.ii-o«iMIA SAN DIEGO COUNTYMy comm. expires MAY 13, 1985 Page 16 Contractors Certification of Awareness of Workers Compensation Responsibility. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor 17. The Contractor shall submit the following certification of compliance. CERTIFICATION OF COMPLIANCE I hereby certify that legal name of vendor In performing under Purchase Order(s) awarded by the City of Carlsbad, will comply with the provisions of Section 122(a) of the State and Local Fiscal Assistance Act of 1972 and Davis Bacon Act of 1931 and subsequent amendments. Date Signature (Seal) (NOTARIZE OR CORPORATE SEAL) Title This certification is to be submitted with notarized contract. (Notarial acknowledgement of execution by all principals must be attached.) Bond 1028440 in 4 parts Page 17 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. "1 Q~\ (Q adopted Qt4 T)gC,. . __ Construction Company has awarded to 1>JL-1_\{M G-KflA^ fc^A/G-M/fc^fc-M Cohere maf ter designated as the "Principal""^ a contract for: ' CONSTRUCTION OF PARKING LOT BETWEEN ELM & OAK AVENUE AT A.T. & S.F. CONTRACT NO. 1124 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE , Diliinqham Engineering Construction Company _ , as Principal, hereinafter designated as the "Contractor", and Amwest Surety Insurance Company _ ' _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Nine Thousand Eight Hundred Seventy Six and 52/100 _ Dollars ($ 39,876.52 ) said sum being one hundred per cent (100%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourseves , our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. Page 18 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above-named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 5th day of January , 1983 19. ~ Dillingham Engineering Construction Company (Notarize or Corporate Seal for each Signer) Adam Dillingham, Owner Contractor Amwest Sure-Company R/C."Faust, Attorney-in-^act: Surety I" 1s I s I o STATE OF CALIFORNIA COUNTY OF San Dieg° On this the.6th . day of. SS. January Notary Public in and for said County and State, personally appeared Adam F. Dilllngham, Jr. TITLE INSURANCE 19 ", before me the undersigned, a __ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ whose name Is subscribed to the within instrument and acknowledged that ^e executed the same. Signature of Notary FOR NOTARY SEAL OR STAMP OFFICIAL S^AL WANDA P GERWIG NOTARY PUBLIC - CA, n OWNIA SAN DIEGO COUNTY My comm. expires MAY 13, 1985 S:aie o: CALIFORNIA Coun'y o: SAN DIEGO SS Or- JANUARY 5 . 1983 , before me. a Notary Public in and icr said County end Stcie residirc !:;ere;r.. duly cornrr.issioned and sworn, personally appeared p p FAII'iT known ,c me io ce Atiorney-in-Fact oi AMWEST SURETY INSURANCE COMPANY the corporal!or. described in and tha' executed the within and loregning insirumen;, and known to me to be the person who executed the said instrument ir. behali o! the said corporation, and he duiy acknowledged tc me tha! such corporation executed the same IN WITNESS WKEREOI My oommissiop. I.XDIFI s 3S3212—6-66 1 nqve_-hereunro "pffsWj fiy ofhdal seal, the day and year staled in this certificate above ELAINE S. MOSS NOTARY PUBtlC - CALIFORNIA !' SAN DIEGO COUNTY My Commission Expires October 25.1983 ! l**WMWV***miiwwwwwww»mww Notary Pubi Bond 1028440 in four parts Premium $798.00 Page 19 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ~\ O~\ (o adopted ON t>&C-~{ j has awarded to pf (,L( MCj-ff f\ M &JCr I H &m H G flp/v/STTg-OtTl^K Conpany hereinafter designated as the Principal", a contract for: CONSTRUCTION OF PARKING LOT BETWEEN ELM AND OAK AVENUE AT A.T. & S.F. CONTRACT NO. 1124 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Dillingham Engineering Construction Conpany _ , as Principal, hereinafter designated as the Contractor ', and _ Amwest Surety Insurance Conpany _ as Surety, are held and firmly bound unto the City of Ca^Ljbe^l/T A@ the sum of Thirty Nine Thousand Eight Hundred Seventy Six Dollars ($ 39,876.52 ), said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 20 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any'such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 5th day of January i, Dillingham Engineering Construction Company (Notarize or Corporate Seal for Each Signer) Adam Dillingham, Contractor Amvrest Surety ,ce Company I 8! COiCC I STATE OF CALIFORNIA COUNTY OF San Diego On this the OT~ ss. . day of January Notary Public in and for said County and State, personally appeared —Adam F. Dlllingham, Jr. TITLE INSURANCE so 19 J , before me the undersigned, a _____ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ whose name__iJL subscribed to the within instrument and acknowledged that he executed the same. Signature of Notary FOR NOTARY SEAL OR STAMP WANDA P GERWIG NOTARY PUBLIC - CAL: SftN DIEGO COUNTY My comm. expires MAY 13, State o: CALIFORNIA County of SAN DIEGO , before me, a Notary Public in and for said County and State, residingOn JANUARY 5 - 1983 , before me, a Notary therein, duly commissioned and sworn, personally appeared p „ Q FAUST known to me to be Attorney-in-Fact of AMWEST SURETY INSURANCE COMPANY the corporation described in and that executed the within and ioregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I Ave My Commission Expires 36O212-6-66 ™ »• m •unto se Icial seal, the day and year stated in this certificate above. ELAINE S. MOSS NOTARY PUBLIC - CALIFORNIA OFFICE IN ~ SAN DIEGO Notary Public Page 21 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of <JL sheet designated as City of Carlsbad Drawing No. 2- *?"S"''5 • Th£ standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDKS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. b) Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. Page 22 c) Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. d) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. e) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 61 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the Notice to Proceed letter is not met by the Contractor, he will be assessed the daily salary of the City inspector for each working day beyond the completion date, as damages. Page 23 * Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 60 consecutive calendar days from the date of receipt of said "Notice to Proceed." NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work 'shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. Page 24 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that s'o indicated or specified, then the Contractor shall furnish, erect, or install the material, Page 25 apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. Page 26 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters • NBFU American Institute of Steel Construction AISC American Standards Association ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards CS American Concrete Institute ACI 20. WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized • - during the construction under this contract. The Contractor shall '%»»*• contact the appropriate water agency for requirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. Page 27 NOTICE OF REQUIREMENT FOR AFFIRMATIVE- ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offerer's or Bidder's attention is called to the "Equal Oppor- tunity Clause" and the "Standard Federal Equal Employment Opportunity Con- . struction Contract Specifications" set forth herein. 2. The goals and timetables for minority.and female participation, expressed in percentage terms for the Contractor's aggregate workforce in' N . • ' each trade on all construction work in the covered area., are as follows: Timetables Goals for minority participation for each trade All Trades Goals % Until further notice 24.0 to 30.0 Goals for female participation in each trade Goals (percent) From Apr. 1,.1978 until Mar. 31, 1979 .. From Apr. 1} 1979 until Mar. 31, 1980 ,. From Apr. lv 1980 until .Mar..31, 1981 .. 3.1 5.1 6.9 \ These goals are applicable to all the Contractor's construction work (whether or not it is Federal or'federally assisted) performed in the covered area. • The Contractor's compliance with the Executive Order and the regulations . in 41 CFR Part 60-4 shall' be based on its implementation of the Equal Oppor- tunity Clause, specific affirmative action obligations required by the sped- . . . •* ' • \ * . fications set forth in 41 CFR 60-4.3(a)s and its effort's"to meet the.goals . • t. ••..••• • . . . established for the.geographical area wher'e the contract resulting from this solicitation is to be performed. The hours of minority and female employ- ment and training must be substantially uniform throughout'the length of the contract, and in each trade, and the contractor shall make a good faith effort . 28. to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor-to Contractor or from proj'ect to project for the sole purpose of meeting th£ Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the go!as will be measured against the total work hours 'performed. - ' . . ' 3. The Contractor shall provide written notification to the Director * - • •of the Office of Federal Contract Compliance Programs within 1Q working days of award of any construction subcontract in excess of $10,000 at any tier for construction v/ork .under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4-. -As used in this Notice, and in the contract resulting from this solicita- tion, the "covered area" is State of California, County of San Diego. ''...*• '"'•'':."••.'•. ' ' ' • ' .-."" "Page 29 , • f . • ' STANDARD FEDERAL EQUAL EMPLOYMENT ' OPPORTUNITY CONSTRUCTION CONTRACT " . /.... SPECIFICATIONS (EXECUTIVE ORDER 11246) . ' ;i •• • • .• • ''.•••.'•'.'.. ' ' 1. As used in these specifications: ' ' . . ' • •3,' "Covered area" means the geographical area described in the solici- tation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance •Programs, United States Department of Labor, or'any person to whom the Director delegates authority; .•'••'« -. • c. "Employer indentification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. , . d. • "Minority" includes: • (i) Black (all persons having, origins.fn any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican-, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcon- tinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identi- u fication). ,' • . 2. Whenever the Contractor, or any Subcontractor at any tier» subcontracts a portion of the work involving any construction trade, it-shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority •'* • . • ' , ' • ' . . . ••.•', .' ' Page 30 '*• • • * and female participation and which is set forth in the solicitations from which ,,,fr-i»>-V . ' . , • . • f w this contract resulted. . • . . ' •. • . 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5} in a.Home- town Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (inluding goals and timetables) shall be in accor- dance with that Plan for those trades v/hich have unions participating in the • • — . . Plan. Contractors must be able to demonstrate their participation in and •compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith ' effort to achieve each goal under the. Plan in each'trade in which it has em- ...... ployees. The overall good faith performance by other Contractors-or Subcontract- ors toward a goal in an approved Plan does not excuse any covered Contractor's •:• " or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. . • 4. The Contractor shall implement the specific-affirmative action standards - .provided in paragraphs 7a through p of these specifications. The goals set * forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and trai'ning of minority and i * , • "" female utilization the Contractor should reasonably be able to achieve in each construction trade in v/hich it has employees in the covered area. The Con- ! ' • tractor is expected to make substantially uniform progress toward its goals 1n each craft during the period specified. . ' •%,.,„•5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agree- ment, to refer either minorities or women shall excuse the Contractor's • ' • '.'.... . • . • •:.'.. . Page 31 t ' * ' obligations under these specifications, Executive Order 11246, or the regula- ' ' tions promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to.the availability of employment pppor- * * '. tunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal eniployment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve-maximum results • -t'-s" * ' . „» from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as .extensive as the follov/ing: a. Ensure and maintain a working environment free of harassment, in- timidation, and coercion at all sites, and in all facilities at which the Con- tractor's employees are assigned to work. The Contractor, where possible, .will assign two or more women to each construction project. The Contractor • shall specifically ensure that all foremen, superintendents, and other on- • site supervisory personnel are aware of and carry out the Contractor's obli- gation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b, ' Establish and maintain a current list of minority and female recruit- ment sources, provide written notification to minority and-female recruitment . sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organiza- ' •, ' .'•••'' -'•'•' .•*..•• '••';•' • ' ' ', . • • Page 32 tions responses. *• c. 'Maintain a current file of the names, addresses and telephone numbers•»•' _ • _ • • ' . . of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of "what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by"the Contractor, this shall be documented in the file with 'the reason therefor, along with * - . _ - •. . whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Con- tractor, or when .the Contractor has other information that the union referral ••- process has impeded the- Contractor's efforts to meet its obligations. • ' • • • • ' • e. Develop on-the-job training opportunities and/or participate in . ' training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or' approved by the Department of Labor. The Contractor shall .provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by.providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in ' . •any policy manual and collective bargaining agreement; by publicizing it' in the company newspaper, annual report, etc.; by specific 'review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards Page 33 accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's.EEO policy and affirmative action obligations under these specifications with all employees having any' responsibility for hiring, assignment, layoff, termination or other employment • decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initi- * — . - • . ation of construction work at any job site. A'written record-shall be made _ and maintained identifying the time and place'of these meetings, persons attending, subject matter discussed and disposition of the subject matter. h.- Disseminate the Contractor's. EEO policy externally by including it . in any advertising in the news media, specifically including minority and female news media, and providing .written notification to and discussing the Contractor's EEO policy with other Contractors.and Subcontractors with whom .the Contractor does or anticipates doing business. • i Direct its recruitment efforts, both oral and'written, to minority, female and community organizations, to schools with minority and female stu- dents and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written tk notifiactions to organizations such'as the above, describing .the openings," screening procedures, and tests to be used in the selection process. . j. Encourage present minority and -female employees to recruit other minority persons and women and,'where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce." 34 '. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. " 1. 'Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and en- courage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. . . •; m. Ensure that seniority practices, job classifications, work assign- ments and other personnel practices, do not have a discriminatory effect by * - .-..•• "continually monitoring all personnel and1 employment related activities to ensure that the EEC policy and the Contractor's obligations under these speci- fications are being carried out. n.* Ensure that'all facilities and company activities are nonsegregated .except that separate or single-user toilet and necessary changing facilities — . shall be provided to assure privacy between the sexes. • ". o. Document and maintain a record of all solicitations of offers for. subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. . . . • p. Conduct a review, at least annually, of'all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. • .''"''. •'*'". •' . 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative ..action obligations•^ r'. ••y.u*''** *^ ' .•-••-• :- •::;&-*£(7a through 7p). The efforts of a contractor a--,v: -T ^dpint contractor- • -••....•'...'• :'V*vH^::^j~": ' 'union, contractor-community, or other similar groi:. ^X'^tft-'the contractor ' ' ' • •-•-••"•£'/is a member and participant, may be asserted as fulfill/ing any one or more of' Us obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure 35 that the .group has a positive impact on the employment of minorities and women *" in the industry, ensures that the1 concrete benefits of the program are reflect-««<». • • . .'..••••.. * • -"'"'"ed in the Contractor's minority and female workforce participation, makes a good faith effort to meet its indivdual goals and timetables, and can provide access" to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Con- • tractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompli'ance. 9. A single goal for minorities and a seperate single goal for women have been established. The Contractor, however, is required to provide equal employ- ment opportunity and to take affirmative action for all minority groups, both • • male and female, and all.women, both minority, and non-minority. Consequently, • the Contractor may be in violation of the Executive Order if a particular • group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women-.generally, the Contractor may be in violation of the Executive Order if a specific minority group of women . is underutilized). . . • . 10. The Contractor shall not use_the goals and timetables or affirmative • action standards to discriminate against any person because of race, color, religion, sex, or national origin. „,..'' •• * . .•11. The Contractor shall not enter into any Subcontract with any person or i • . . firm debarred from Government contracts pursuant to Executive Order 11246. 12. .The Contractor shall carry out such sanctions and 'penalties for violation of these specifications and of the Equal Opportunity Clause, including sus- ' • . pension, termination and cancellation of existing subcontracts as may be Imposed or ordered pursuant to Executive Order 11216, as amcMidod, and its '••'•' "Page 36 implementing regulations, by -the Office- of Federal Contract Compliance Pro- grams. 'Any'Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. •• • • - • • 13.' The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to * ~. achieve maximum results from its efforts, to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. . • • 14: The Contractor shall designate a responsible official tcrmonitor-all :• • employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be- required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was. performed. Records shall.be maintained in an easily understandable and retrievable form; however, to 'the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. . 15. Nothing herein provided shall be construed as a limitation upon the appli- . cation of requirements for the hiring of .local or other area residents (e.g., those under the Public V! ' opment Block Grant Program) . ' . Page 37 Acf of 1977 and the Community Devel- • Page 38 FEDERAL MINIMUM WAGES **»>Attention is directed to these special provisions and Decision No. CA81-5143 of the Secretary of Labor, included herein. decision iTATEt California COUWTTt 3*n Olcqo JCCISIOH HlNDE^i Ci81-51<3 DATrt Osto o£ PuOiicfitton Supertaxes decision Ho. CXS1-5118 (Sited Mty 5, 1931, in <6 r& 25904 INSCRIPTION 0? VKDRKjt BUildinq Projects (including Residential. Projects consist in<j o£ single Cxnily hcate iricl ipartssnts up to *nd IncAuding < tcociest, Itanvy tn<J Uiqbwfy PtojectJi *nd ! '" ASSK3TOS WCRJCCTS . . - ERICnSkir.^ Stone!tJi«>n« BRIC3C, ELCCK avid • STOMEM/vSCM3 ' TENDERS CMlE£>:?E!XSi Cirpontecs ~T ?tladitvec Hillwcightst Tr.suaatlc K«il&c; Uardvccxi Floor- l&yacs .^ CtMJIKT MASONS I Cetcont Mnsons. Color Koric» Ca-:?OBitlon, Kactic or r.poxyr flnisninq Hechififl) &if£> Mtctiins DIVERS t _ Divers Tender ' •DRYMAI.I. INSTAJJ^RS CtU^Jici"nirT«c«mlci*n.Cxble Splicors KLTVA.T3R COHSTT.UC7ORS HELPERS ELEVVrOR CCHSTH'JCTORS* »1ELP£HS (Proo.) GLAZIERS IRONHORKO'Sj fence Ercctora - Reinforcing Ocn«»«nt>li Structural _ JRRICA.TIOM And LAWrt SPRINMjyi3 LATUtRS C*tt« M**tf4y C*tr% h5- - 17.59 U.S2- frt.^ «»«M. f4,~... lit »f«iU«,.V««i« ltZ£*A**/. Tr. »ee Mod. No. 3 •1.20 1.75 2.57 1 .14 • — See Mod. No. 2 12.76 13.06 1.15 1.15 2.05 2. OS 2. SO 2.50 .07 .07 — See Mod. Ho. 2 18. 0is.sa _ • 1.03i.oa n+2.04 3V1+2.Q4 .13 .13 See Mod. No. 1 70WR SOUR U.6J 1.195 . 1.10 .93 1.45 1- See Hod. 11.52 e lot cc Mod. No. 3 lit No. 2 4 ' 13% .035 * 1% '• r>u o2: COO) 3COa a•as COr+ O O •s I-CJ COo eo • . • : ! • . . * Federal Ulster / Vol. -JO. No. ll»i / Friday. A««\M 21. llWl / Notion DLClSIOtl HO. CABI-5HJ .1 IIT.C,IR<] stte I i Ccush, :lirr.b!r.ij steel *n> >i,isy. cll.-.Dln^ steel )r.d bt [ J-;e 1SIKC LOT WOHX AnJ/Or Tratflc Jcl i ieulce Jppllcjtoc V-rieel step IrstilleCJ T: < t C Ic soc £ice » ;r..itl ii t er Sir Ipcr SLURSY SEAL OPERATlOHt Hi >ec Cpcf Jtor Squeeze f.in Ar.pl Senior Operator Shuttlssin To? Min P1ASTEKCHS LIMC CCTJSTRyCTIOKl . .Crounwntn L i r. v a t n Cjfelt Spllctr* r.ASELE SETTEaS FA.lNTEaS: atuih, ?»int Sotnct Scuih cSvlng Stage), Spray Fjpcchjn^er, Spray (swing '1*3=) SjnJilaittr (awing Ire-., iceel JnJ b pjinlecs Caving Icon, steel «;vJ pjlrjtat, Sprsy> (swing • StJ^C) . Icon, steel pointer li) i Iron, stoel M.-l, 517.21 17. IS 17.45 ii.J7 15.25 11.51 15.76 , \ 11.22 11.22 10.62 10.83 Si£4' 8.64 3.54 S.IO 17.41 M L 9* n .B: .S3.2 = 1,00 1.23 1.23 1.23 See to See Wo See H. '.SO .io-.so .90• .55 ,« f .90 .50 .85 3»f2.04 2 1 « 2 . 0 '> x}»2.0i 1.79 1.43 1.41 1.43 d. No. J d. No. d. No. .55 .55 .55 .55 .55 .55 .55 .552.50 1.24 .75 .75 .75 •• I L . b b • b b b bb b. if,,. Tr. .13 .13 .13 .12 .07 •?7 *" .- .12 DECISION MO. CA91-51O P*g« 3 . PLASTERERS' TENDERS PLUMBERSj PlperitlBfJI Stciafittecs? Mr Con- dition, r.t£lcg<:Citi,on ROOFERS SMCE? HET.M. HORKCRS SOFT FLOOR LAVEH3 SPSIKKLER FITTEUS TEHRAZZO HORKEilS TILE SErfERS TILE and KABBLS flHISHERS RICOEaS) WELDER3 - Rac*iv<» r*tu pcescc lb«J £oc crift opatiticn to vMcb tijoing 6s wtldlng is Incidental. «,-!, '15. SS . It'. 29 12.24 IS. 28 20.03 11.59 .87 See 'Mod 1.02 1.2Q .55 .55 Sec toSec Ha 1.00 $2.57 . No. 3 1.20 2.76 1.70 1.45 3: US: 1 1.00 51. oo; 1.88 I i 1. 00. t j*<«it.. *t».. I«. .04 .IS .OS • 3Q Enployor contclbutes 0% of bjulc ^ouc ly tita tot 5 yens' acrvlc« «nd 61 oC basic hourly cat«-foc 6 icontht to 5 yctrs* cecvica 43 ViCJllon PJy Ccedlt. i Paid ll.oltJ.syn A thjcougri F. b. Craploy-f contributes 5.34 per tiour to Jtoliday Fund plus J.24 Dae hour to Vacation Fund foe the first ytac ot cnploymeot-, "i year but 1?33 thjn 5 ycjca S.«5 o-r r.ouc to Vacation, 5 years but Isna than 10 yoArg $.SO per bour to Vjcition' fund, over 10 years ?.BO per hour to Vacation Fund. HOLIOAYSl A-New YCJC'S Ojy; B-Meoorljl 'D-Libor Djyj E-Thankagivlng Croup I ' Group 2 Croup 3 Diyi C- D»y; K-C 512.60 12. SO 13.10 Indepeni he Istnj .37 .87 .87 lence OJy I Ojy. $2.26 2.2S 1 Jl.OO 1.00 l.CO .13 .13 .13 • (D OJ ! I JFWcraTRcshtcr / Vol. 4C. No. 102 / KriiJny. A»K»S! 21. inni / Notici-s CA01-SU3 Page uvaoncss Ctevp It laborer (general construction)? Asphalt Ironcr - • Spreader; Eirlr.g Machine Tender? CoulXer; Cesspool Digger and ' cr.i Installer; Chvcktcr.dor (except tunnels); Concrete Cure* (•-vctvio-js I'.cTbrjne an'l Torn Oiler! t Concrete water curing,C-'ttirg Torch Operator (Ocrnoll t ion) ; Driller's Tcr.dcc (Cais- SCT.J including Dellowerc, Eri faV.-it Machine, Concrete Cutting Torch, Dry packing of concrete, plugging, filling of Shoe Dolt Holer., Fine Grader on highways, streets and airport paving (sewer fi drainage lanes when employed); Term Blower; Gas and Oil ripcllne I-a^crer; Guinea Choscr; Jet Man; Landscape Gardener «nd i-urscry Man; Laser 2cir. in connection with Laborers work; PscVir.c £cd Stool ant! S-ar.s; Fipclaycr's Backup Kan (coating, • grcuiir.s, r.ikir.j of Joints, scaling, caulking, dicp.cring and jrclvdins Rubber CasXet Joints and pointing); Pailrcad work laborer; Rigging ar.d Signaling, F.iprip Stcnepavcrj Sandblastcr !"ct Tender): Sealer, Coptic Tank Digger and Installer; Tank Er*lcr ancj Clesner, Toc-1 £h»d Checker; window Cleaner; Rebound Men (gunite inJustty)j liouseir.ovcr • * .Gro-j3 Jt, Asphalt F.aker; 3'jcgyriobilo Han; Conent Csurcpir {on 1 yarj .cr Isr^er rixer: and handling bulk cement) j Concrete Saw Kan (excluding tractor type, Roto-.icraper, Chipping I!a"'ir.er, Coa~ . cretc Core Cutter and Concrete Grinder and Sander); Cribbcr - 3>ore.r/ La^cir.g'and Irene?) Bracing, Hand-guided Lagging Hararacrt ' Tril'.cr - ,'>ll'rcv«r' Drills, including Oackharcr.er, whether Coco, . tiirir.-J, v^jcn. Track', Kaltipl^ ','nlt, and all types of Mechanical Trills without rc7ard to the fern? c£ r.otive power; Drilloc (all cil.cr vherr drilling i: for use of explosives); Gas and Oil Pipe™ line Wrctrr.er (Pot Tender and Tern Man); Ca: and Oil Pipeline Kri-per (^ inch pipe an^l over) ; Operator and TonOcrs of pneu- r.-.tic, g^i and electric tcils; Concrete Pur.ps; Vibrating Ma- • chines; I'.jl t i-pl2te Inpjct Hter.ch and similar mechanical tools' not svr-srately clatsifio-J herein; Pipelayer (per forming" all sec- vices an the- laying-sue installation of pipe £ro^ the point of rcccivin1; £:po until c .~r.p t •? t ion of the op?rrition, including anv j:.d all fc-rr's of lu-ultr c.at.er lal, whether Pipe, Melalllc'or Vcn-^ctallic, CcnOuit and ony other r.taticnnry type of tubular device usc-3 Jor the conveying of substance or eler.cnt, vihcthcr w-:tcr, re-'^Tt, solid, c.is, air or other products what-so-evcc a-.d without t'.-gird to the nature of r.aterlcl Iron which the t-bular r-aletiil is CoLr ica ted; Povdcrnan; Blasters' Ten-Jets; Trelibticited Manhole Installer; Hock Slingcr; Sandblastcc and •«itcrblact'.-r C.'citleirin) ; Sca!er (using Coj'n Chair, Safety Holt) t C><-! !!~.i.Irtl.oatrj it ir-; T t >-T Cliiriior, H'^ltig nei:luin left I t'>ol'!| Vel-ilr.-; In correction wlih I.,i!iorcr' a wock; din Hon (tjunltc Industry) Crcu? 3: Fct:ce Erector; ::o:ilesan and Red Man (gunltc industry) DECISION KO. .CA61-5143 Page 5 LABORERS j Group 1 Group 2 Group 3 6«^lt $13.10 12.90 13.35 f ,!„,. 8«.K>, P.,-«H Hi* .87 .87 .67 p,.,;.« $2.57 2.57 2.57 Vll.liM $1.00l.oc 1.00 0«<l »f App.. Tf. .13 .13 .15 Group li Blasters} Drillers; .Pcwderracnf Cherry-PlcVerwanj Grout Gunmcnj Kemper and other pneumatic Concrete Placer. Operator Hlncts In short dry tunnels under streets, highways and similar - places; Winers - tunnel.(hand or machine!; Powdctman (tunnel . vork) i Steel Form Ralcers and Setters; Timberrr.cn; Kutinljccmen - voo<3 or steel . • , Group 2s Dull Gang Muckers (Trackman); Chuck tender; Cabletendetj . Concrete Crow (includes Rodders and Spreaders); Duirpncn; .Grout Crew; Tender for Steel Form Raisers and.Setters; Muckers - Tun- nel (hand or machine); flippor; Swapper (Drcak.-nan and Switchman) on tunnel work; Vibra torr.enj Jacklianmor r Pnounjtic tools (ox.C'.'Pt Driller); Hutli-platc Impact Wrench Group 3: Powdermen - Primer House (Licensed on tunnel vork); Ehcrft and Raise Miners Shifters; Dlasters (llcenoeJ) all work o£ loading holes, placing and blasting all powder and explosives of whatever typo regardless o£ method used tor such loading nad placing f Fi;«lt;?u / Vti. -SU. N'o.Jli? / ('ritlay. A»?;nst 21. lOUl / N»tia:s ' OLCJiOU \13. CAdl-llO ' ClCJSIO.t HO. CA81-5HJ Paga 6 POWCR EQUIPMENT OPERATORSJ CfCup 1 CiOup 2 Croup 3 Group 4 Croup S Croup 6 • Crou[> 7 " ' ' Ccovi> 8 '•• Croup > • - H...I, P...I. ». If. See Mod. No. 2 Oi'LRATOhdt IConc'O) Croup If Orekenan) Compressor Operator; Engineer OJlcrj CcnccAtoc; funpi Sl<jnAlnjru liwitcli^jnj LMtchwltcnj Clc- '); 1'orkllfc (unO«c 5 tons) ;•V£toc Ctoop 2i Concceto Mixer (skip typo); Conveyor; I'lroeunj Hydro- static Puraoj Plane Operator) Generator, Puap or Ccmprcsuof jSotcry Drill TcnJet "loHIlold); SiviploJiiJcc - wheel type uj> to 3/4 yd. .without a! tuc!u:tftitsi Soils Field Tothn Iclin; TarPot i'ircrjr.j Tcopocary lluutinQ Plnnt; Tcencnlng Machine Concrete Posp Giles Jtruck Croup It For<2 Ferguson (with dragtypo attachnentaj ; Jlsll- copter fl.icUca.jn (grocr.ii) ) Pcwoc Concreta Curing Machine; Power driven Jutnixs Foru Settcfi Stationary Plp« \irapplng znJ. Cleaning Michinaj Gradjll Ollarj Surge Tjnk anJ Height (Hot Plant): Icenchec Oiler {foundations)} True); Group it Asphalt Plant Pireraanf Boring Hachincj Chip Spreading Machine; Concrete Purao Operatoc; Oinfccy Loco- aotlva or Motoroan <10 ton); Hcillccptec lloiiti Ulgiiilns Ciblewuy SjQnjlajnj Power Ewetpcr; Trenching Machine (up .to 6 ft.); Concroto Puap Operator, trucX oodntcd; lloJiain . anil Chainaanj Uollcoptcr fcaJIcicjn Croi^p 5i A-£rane W!nc?i Truc!i Operator; Aspliall Plant or Conccoto Batch Plant Cpucjtor (whcrs ccsscrclal pci/cr It not used, no iesa than ono Gin*rator Operator l» required); kipi\.slt Spreading lljcluc.i upuratoc l^prcaJor Bar anj slnilarjf Dlt Sharpener; lioxuin or Klxcciaan (asphalt pc concrete); Con- cretg Joint Machine Operator (canal and sinllar type); Con- crete Planer Operator; CcrrtcHaan (oilfield type); Drilling Machine Operator (including water walls); Equipment Greaser (riohllo end Greaa* RacX); J-'orkllft Operator (over 5 ten capa-' city)) llydro-hJfs^^r - A'.-to Sio:iipef) llydrogcj.plilc Se<v1or MJ- . chine Operator (straw, pulp, ot scc<i) ; Maclilnu Tcol Oocratorj MbOlr.nia Internal Foil Slab Vibrator; Mechanical Finisher Opa- ratcr (Concrete-Clary-Jotmson-OiJwuVl or slnllar); Paver.ent Breaker Operator (truck counted, oiler required)) fload Oil Kixln^ Kachlna Cparaiocj Roller Operator; fioss Carrier Ope- rator (jcbsite); Sclf-propcllf<J Tar Pipelining Machine Opa- ' rat oc; Sklploiider Operator (wheel or trach type over 3/4 yd. up to dnJ including l^j ydj.); Sklploadez - Ford Ferguson up to 3/4 yd. with drag attachments! Slip Foca Punp Cperitor (power driven hydrauilc lifting device for concrete Jocua) ; Sccccd Opcrstorj Stlngsr Cranu (Austin-Western oc slnilar type); Travail,-,? Flpe Wrapping, Cleaning and Uendlng Ma- chine Operatotj icucS type" toadur; Tuggcc Uolat (1 Jcua) tD *> Fcd«rrnl Rr«isti:r / Vol. -U5. No. 102 / Kridiiy. August 21. 1%1 ./ Notices S'JCisior; ::o. C.-.31-SJ-13 '. Page S t-OllSK EC'UirMENT. OmtATORS (Cont'd) Csi-j? 6: Asphalt or Concrete Plant F.nginecr? Asphalt oc .Concrete £,-reading Operator rt:>:-.ring or finishing); Asphalt Paving Machine Cji-.rjtor (Uirt/or Grc'.-.i oc similar type); Automatic Curb Machine; iivlt Splicer-ur Vulcunizor ; cut, i.iru Road.Tactoc; Wagner Pact.or or similar Operator; iu idge Crane Operator; Drid'je type I'nloader «rd T-.-rr.iaMc- Operator;. Cort-in-placc Laying-Machine; Combination • V.sner ar.jj Compressor Operator (Gunite work); Concrete Mixer; Cen- crwtt- >:ix«.r Operator - paving (Oiler required) r Crano Operator (up to or.J i-.clui'. 1.-.-1 25 ton c-jpjci ty) (Oiler required)(Long Doom !'ay »*r~l icatle) ; Crushing Plant Operator {Oiler rccuteed)(whore coin- r.ctciji power is rot uivrt, no" less than one Generator Operator Is retired); C«.-ck Engine Operator; Drill Doctor; Elevating Grade Ope- ta'.ot; Cradoll Cpi/raior (Oiler required); Grade Checkoff Grouting Ksr.-sir.e Cpcrjtcrr CuirO f.i i 1 Post Driver Operator; Heavy Duty PC-. r-irr^.-.: l.'oist Cpuiatcr (single drurr. - Duck Hoist - Chicago Boom cr-.J si.T.slar type) ; -Hoist Operator [2 oc 3 drum); Kolmcn Belt Loader er-d sir:.!} a: tyre fvhcn two or r.ore *re working together an iiddi- tic.-.il crnVoyoe SX311 to req'Jirei): LeTojrreau Bloi Conpactor or similar iy,-e; Lilt >:oti!e Cpcrator (Cil'er required); Lift Slab. ^ac.-.ir.s 0;iorjtcr {Vj.;thcrg and similar types); M.%tarlal Hoist C;t.-o'.or (1 'J.-U.T.); Mocking Machine Operator (l/<! yd.) (Oiler retire--} tri-Licr-t i rod. rail or .track typo; ; P.ils Driver Ope-'- rater (Oil«-r :i^uiri-J; : I'necraatic Concrete Placing Machine. ' Cpmtcr l!!jci.l6y-rro£s.vfcll or similar type); Pneur.atic Heading Shi; Id (tunnel); Furrpcrtte G-jn Operator; Polar Gantry Crane Opc- ra-.o:: Sotary Drill C.ic-catcr (excluding Caistcn type) (Oiler re- fj-jirt-d): F.ct^-f r-1 iry.! r.irth Moving Hquippe^t Operator (sincjlc t.<-;ine - Caterpillar, Luclid, Athey V;acon - '.-.'iter Pulls and sl- T.jlir f/:>c: vir.K any jnj all attcch.-aents up to 50 cu. yds. Hu'-.t r-1 ir'.-'l Sctapvc C;.orsicc (self-loading paddle wheel type - Jo:-n Court 1C.; ar.d sir.il&r single uni t! ;. Sk iploadt-t Operator [•.!.•.•-! or track tyft, over IS yds. up to 2nd including- <,\ yds.)j Stinger Crar.s (Acst in-s.'o: tcrn-i'ett itone or similar type) (over S . to.?;); S-jrf;re Ilratcrs ind Manor Operator; Tractor Cor.prensoc Ori!l C'.T-r. i-s t ion C; <• r j'.or; Tractor -^.oratot i3i,ll Doit-r/ 7ai.if»i!r» i'ctjpur, inj rush Trictot, si.iglo engine); Trenching Machine Ope-' ritor (over 5 It. dpth capacity .- rinufacturers rating) (Oiler reqjircd); Tunnel Loco::->tive Gperjtoc (10 to 30 tons); Universal i.^-.-:f.:.cnt Cr.'.-rator (5.''iovc-l, Dackhco, Dragline. Clurcsheli, up to dr.j j.-.cluJinj 1 co. y;J. K.If.C.) (Oiler, rtq-jiced) (Long Doom Pay ippUcat.lc) ; Wsldcr (O'.-r.crat) DECISION HO. CA31-51O \ • Pa-jo 9. POWER EQUIPMENT OPEnATOKS (Cont'd) Group 7: 'Automatic Lineau Tension Machine (2 Operator.required); Crane Operator (over 25 tons, up to and including 100 ton H.K.C.J (Long noon Pay applicable) (Oiler required); Derrick Uafje Ope- rator (Otlcr required, up to 100 tons) (over 100 ten-;. Fireman or Oilur required); Dual Orun Mixer (Oiler required)) lloict Operator (2 or-3 -drum with boom attachment); Hoist Operator (Stiff Leg, Coy i Derrick or similar type up to 100 ton capacity) (Oiler required, Lcng Doom pay applicable); Loader Operator (Athey, Euclid, Sicri# or similar type); f-'.onocail Locomotive Operator (ciic-r.i.'l, ya^, or , • electric); Motor Patrol - niado Operator; Multiple Engine Tractor Operator (Euclid and similar type, except Quad 9 Cat); Pre-atressed Wrapping Machine Operator (2 Operators required); Rubl>or-1 i red Earth Moving Equipment Operator (multiple engine, Euclid, C.uerpi 1 lar and similar type up to 50 cu. yds. struck); Tractor Loader Optra lor (Crawler and wheel type over 6*5 yds.); Trcctor Operator (boo.^ attachments) (over 40 ft. boon, Oiler required); Tower Crane Ope- rator (two Operators required." f Tower Crane P.epa i rran; Universal . Equipment Operator (Shovel, Backho*, Dragline, Clamsr.c-li, over 1 cu. yd. H.R.C.); Welder - certified) Welder-Heavy tVjty l!epa irm.jn Combination; Woods Mixer Operator and other similar I-ugmill Equip- ment Croup 3r Auto Grader Operator (one Grade Checker ind one additional employee required)? Automatic Slip Form Operator (Grade Checker and one additional employee required); Crane Operator (over 100 tons, .- . two Operotcrs required, Long Coor.i Pay applicable); Mar.-j Excavator Operator (two or more Operators and Oiler required, loss th.in 7SO cu. yJs.J; Mechanical Finishing Machine Operator; Mobile Form Traveler Operator; Ho'cor Patrol Operator (multi-engine); Pipe Mobile Hashing Operator (tw-J Operators required); fiubber-t is ert Earth Moving Equipment Operator (multi-engine, Euclid, Caterpillar,, and similar type over 50 cu. yds. struck); Rubber-tired Scraper Ope- rator (pushing one another without Push Cat, Push Pull.- ?.SO per hour Additional to base rate); Rubber-tired Self Loading Scraper Operator (pa<:dle wheel - Ajgor type Self Loading, 2 or more units.?. Polar Crane Operator; Tandera Equipment Operator (2 units only); Tan- dcn Tractor Operator (Quad 9 or similar type); Tunnel Mole Boring Machine Operator Croup 9; Csnol Liner or Trimmer Operators (not less than four (4) employees required - Oiler, Welder - Mechanic and Ccjdi: Checker) j' Helicopter Pilot; Highline Cableway Operator; Remote Controlled £arth Moving Equipment Operator (no one Operator shall operate more than t'.-o pieces of earth moving equipment at one time) (51.00 per hour additional to b.inc rate); Nhool Excavator Operator (ever 750 cu. yds. per hour, two Operators and one 01 lor and two llujvy Duty Repairmen required) (D £=.to v fi ' ^ Furfural Hcfjistcr / Vb!. -1(3. No. 162 / Friday. Auguot 21.1901 / Notices .••^•m^m***.* <•••»*«.>.«^.M>at^^*«^fcTv>»»»^»*.».*M«ait»j'»-»»^n*i<««>ii»> »-ii»->.».'ift*>*-<i.^<r»*»»^^LJig>^^.-».^j»i.<iiHm>..inM,i»^^.i.ij^. ,,r »r-» r»nurj- DtCISlOU KO. CA91-5U3. "j - r 10 KhfLH COUItr.EMT OPERATOXSl DRECC1NC I!:/i2caulic Suction Ot«Jg<) Li:vt>,vA.X i.-A.-Ci; EtlsUJlKER; H«lder USCiy.ATC u:i;C!'.v.A:i (Stern Winch oc L.'^iCiX.'-Sj OcckhanJ; Plreoan Oil.fj L«ve>ih(<nd Orodges) I L'Vl.lvl W.MCil a..u M4 * .. T..' See Mod. No. 2 See Mod. No. 2 DECISIOIf 110. CABI-SIO Page 11 TRUCK DSIVEHSl H...J, Si3.9i 14. 11u.n J4.51js.i:n. a ?1.35 1.35 1.35 1.35 1.35 1.35 Fl'*j* &r*r ?1.65 1.65 1.551.65 1.45 1.65 ri« p»v«** ' Si. 00i.ca 1.00 1.00 1.00 1.00 % (4wori*« *fM T' .10 .10 .10 .10 .10- .10 Croup l Croup 2 Croup 3 Gioup < Group 5 Creep 6 droop ll 2 axle Ouwpsj 3 ail» Flatbed; Bunkeraan; Conctct* Induotclal tlft| Hirohouaeoanj Fotklljt, untiet 15,000 Iba.• Croup 2t 3 axJo Dump} 3 axl« riacbcJf 2 axle iteter Trucks; Tr.oain Control Kozileoanj Dusipcroto, Icis thjn C>i yd3.} rocn.ltCt 15,000 Ibo. tnd over; Pccll.i Ptg-l'no vorKing Tcuck Orlveri Roaj Oil Spcosucc; Con«nt Distributor or' Slucry Driver; Eooiujn; Ross Cirrloc ' • . Croop 3» OfTrronJ Dump, unJ«r 35 tons; 4 axle but less thjn 7 axlej . Lowbcj anJ Trailer; Transit Ml*, under 8 yds.; 3 axle Hater TIUCIJ; Erojio Control; Crout Hixtti Duoj>c{uta Si yds. ana ov^ij OuOt-»c:t»j CH 10's, 20's cn>5 over; Fuel Truck anJ Dynaaitej Htnch, 2 4xlej Truck Greasec Croup <-i O££-coaiJ Dump, 35 tons and over; 7 exte or aor«s; Transit Hlx, 8 yds. jr><J over; A-frciiae or Swtdian Cranes; TKeuan; Water Pull •Pull Tinkers; Haider; Hlnch TtucK, 3 axle oc more Group 5s Truck Repairman Group-Si TrafClc Control, alio Svanper* and Pickups I ' , ' Unltattd claaaUlcatlono neodcd for work not Included within the scope oC the classifications listed oay be adJ*d after awar<! only so provided In tt>« liboe otinJards contract clauaoj (29 CFR, 5.5 OJ ' f ! • . ' • Modification No. 1 .-...-• > "- -CCtSIOtl HO. CAS1-5HJ '- Had. tl t4w fr'K <259l — Auquat Hi' IS 31). £«ri Di*e.o Councy, C.JlIotnla '•-- • ~t"*!^""i, Kiil'Tlsnt*, Pnaumttle N»il»ri lUrCwood El«v4-or Cor>etructoc«- L:t:-.*r3 Pt Inter a t ,Srujh , Paln't Eurnor Ifjtr-. (Suing cta<;a). S-.Ttr F jpor r.trKjor , Spray iSwi.-iq Stiqo) at><;a) > Icon, stoal («win9 stjqc); Iron. •Ceil >nd Bridqj pi:nt<r, Spcjy tswlnij ' j t ;c^e ) • Siniolijtcr: Iron, pji.-.ter (qround«ork) ; Iccn, 3t.ee! »nd. . SrUge p«int«rj, Sprjy (gtovir, tlv.orh) ; KiqnQrs, cliri!ir.<j sf.toli BrusOi . 'cllr.ttni; iteclt «nd bciJ-)=: Spray, clt.rjbin-) i tee I ind t'tsdae Stceple)jcx T«jrr*tto Workers TJle Sstcers . 5 • *t< ' «/.,.«.. *•«•. t>. — See Mod. No. 2 • 15.67 1 1.J45 { 1.085 | « 1 .055 See Hod. So. 2' IS. 74 15.99 17.24 17.49 17.49 18.39 15.83 1S.S9 • , l.IJ X.JJ 1.23 1.23 • 1.21 1.21 I. '00 1. 00 1.73 1.78 T.78 . 1.79 ' 1.781.75 1.30 1.80 .75 .75 .75 , .75 .75 .75' .07 .07 .07 .07 . .07.07 . .30 . .30 7!•. 1 C3 IsI's*!5 \~^ $ £.$ jw 4 L-.i ^*^ • I ^ 1 tn« ' "~^! ~[2-^ i o* 1 "3o* -i P.jto2 ! ? 2O n*c^< ..a1 Ufj Ul! ^i-4 Modification No.'2 DECISION NO. CA81-5143 - Mod. 12',46 FR 42591 - August 21, 198~t) San Diego County, \ California Change; , "Carpenters: - . . . . Cirpentcrs Millwrights; Pneumatic Kailor; Hardwood Fioorlaycrs • Pilodrivcrs Divers: Divers Stand-by DiversTenders Drywall InstallcrB Drj-wall Finishers Lathers Kciwcr Equipment Operator Group 1 Grcup 2 Group 3 Group '4Croup 5Group fi . .Group 7 Group 8 Group 9 Powc-r Equipment OperatorDredging (Hydraulic Suction Dredge) iLevermon Watch Engineer} Haider Deck mat u YJinchrr.an (Stern Winchor Dredge) Bargcm.inj Deckhand; Firenan; Oiler; Lcvcehand(Clamshell Drcdgeo) t Levorman Watch Engineers Ceckmatc DargematoCorgctnan) Deckhand; Fireman; Oiler . Sciic Hou.l, Role % ?1S.81 17.41 17.06 38.62 19.31ia.3i 12.20 . Frin;» S«neli*i Povwentft H 8» V 51.11 l.'ll 1.11 1.11 1.11 1.11 1.11 $1.75 1.75 1.75 1.75 1.75 1.75 1.75 ' £lvc»lioti t-ffl. Tl. .07 . • .07 .07 .07 .07 ,07 ' .07 See Kod.' No. 3 18.20 5t IS. 10 15.33 15.67 15.81 15.03 1C. 14 16.25- 16.43 16.55 j i 16.9516.37 16.37 15.82 15.5.3 1C. 95 16.3716.37 15.89 15.28 1.11 1.25 1.25 1.25 1.25 l.?.S 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.251.251.25 1.25 1.75 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.95 2.952.95 2.95 2.95 2.95 2.95 2.952.95 2.95 2.95 . " 1.17 1.17 1.17 . 1.17 1.17 1.17 1.17 1.17 1.17 .92 .92 .92 .92 .92 .92 .92 .92 .92 .92 .07 .14 .14 .14 .14 .14 .14 .14' .14 .14 .04 .04 .04 .04 ..04 .04 .04 .04 .04 .04 It C1 • 12 . Page 45 Federal Register / Vol. 47, No. 44 / Friday, March 5, 1982 / Notices »««Wi«py|»«uavir^«^***«*-ffl*g>i'<reKg"wa!gv^ **w»*«i«MMr..M.Hii.i....Kiifr<»M - Modification No. 3 DECISION tip. CAB 1-5^4 7 - tjpd. 13. • . ~n£ FiTTiS?! - Aucfi.oiTT. "" ' . • • 198i;San Difcgo County,California Chsneo>"AoScstos WorXeraDoil2rr.aX.er3 • Dryvall I'inishera Ironworkers: Fence Ilrector.iStructural, Ornanerst&l,Rcinforciiig Plasterers' Tenders Plu^berss Pipefitters; Stefafittcrsi Air Con- dition; Refrigeration Dtil< ll.vd/ fv'K • 519.25 19.61 17.74 14. 86 15.75 15.92 16.25 r'lfl^* P»,B»uti rsy^ffhn H JL 1? 1.30 1.30 1.23 1.44 1.44 .87 lot , 1.491.25"1.78 3.81 3.H1 2.57 161 l.CO .75 2.50 2.50 1.00 13% E4.cot.ii Apfr. Tr. .07 .04 .B7 • .12 ' .12 3/4t 1 1 I i i Page 46 SECTION 5 CLAUSE . . A. The work to be performed under this contract is on a project assisted under- a program providing direct federal financial assistance from the Departmi-nt of Housing $ Urban Development and'is subject-to the requirements of Section • ' 3 of the Housing end Urban Development Act of 196S, as amended, 12 USC 1701U, Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower incomo residents of the project area. • and contracts for v/ork in connection with the project be awarded to business . concerns which are located in, or owned in substantial part by persons resid- ing in the area of the project. . " B. "'Tjie parties to" this 'contract will comply with the provisions of said Section 3 ar.d the regulations issuc-d pursuant-thereto by the Secretary of Housing § - Urban Development set forth in'24 CFR, 135, -and all applicable rules and orders of the Department cf Housing Q Urban Development issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability v;hich would prevent them £roa complying with these requirements. .• • * • ' ' - 'C. ' The contractor will send to each labor organisation or representative of workers with whom he/she has a collective bargaining agreement or other contract 'or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and - - shall post copies of the notice in conspicuous places, available to employees and applicants for errploymsnt and training. • . - P. The contractor will include: this Section 3 Clause in every.subcontract for ' . ' work in connection with the project and will, at the direction of the applicant for-or recipient of federal financial assistance, take appropriate action ...• pursuant to the subcontract upon a finding that the subcontractor is in Violation of regulations issued by the Secretary of Housing § Urban Development^ 24 CFR, 135. The contractor will'not subcontract with any subcontractor where he/.she has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, Part 135 ar.d will not let any subcontract unless the . - subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.- E. Compliance with the provisions of Section 3> the regulations set forth, "in 24 CFR, 135, and all applicable rules and orders of the Department of Housing $• .-^ Urban Development issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the '. .. ' project, binding upon the applicant or rscipi'.-nt for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its' contractors and subcontractors, its successors . and assigns to those sanctions specified by the- rvarit or loan agreement: or contract through which federal assistance is. provided and to such sanctions as are specified by 24 C.T;?, 135. ' .' STANDARD FORM -.257 (Aug. 1976) AB prescribed by the Do'pt. of Later (C?CC?) OMB Aooroval No. A4-R13% Pane < • Reporting Period MONTHLY EMPLOYMENT. " (Month, Year-) UTILIZATION REPORT (See reverse for instructions) ~hi/Tepor t is required by Executive Order 112^6, Section 203. Failure to report can re'smft in sanctions which include suspension, termination, cancellations or debarment of contract. _.• • To: (liana and location of Compliance Agency) Asst. Reg. Admin, for Equal Opportunity U.S. Dept. of Hoxising & Urban Development 450 Golden Gate Avenue, Box 36003 San Francisco, California 94102 1- . ... Company 'a Name (I.D. ) • . . f « • . , : . w 2. 1 Trade . ' • • • Frot?.: (J.'ar.e and location of contractor) Vor/c Hours o.f Employment. (See footnote) Claasi- fica-tions " C AD Tr C • AD Tr C ' AD Tr C AD' Tr C AD Tr C AD .Tr C AD Tr " C AD 'Tr C An Tr C AD Tr C Ao Tr 7. Company Official's Signature cr.<; ;;tvl a. Total -' i b. * Black c. < His- panic i 0. C- * Ir.iiar. e. *.-.6 i an/ Pacific island . .1 1 1 1 • • . 1 Date Stsr.td • -Total rr.ale , • ^i- r'* /" . mino- rity w/h of total w/h 5-Total numberof •ninority Employees • 6. Total' mamb c r of Employ- ees y. Telephone (,'u.^ber •(Include Area Code) 47 (* Hales & Female:; ** Minor i tics •& non-minorities)Pflf.C of ._• _u •.. — •.. v .._ ; - - __.•...--.. . , Page 48 ' * . * , • M • INSTRUCTIONS FOR FTL7NG EMPLOYMENT UTILIZATION REPORT (SF-257) •The Employment Utilization Report is to be completed -by each subject contractor (both prime and subcontractors) and signed by a- responsible official of the company. The reports are to be filed on the day required, each month, during the term of the contract, and they shall include the total work-hours worked for .each employee level in each designated trade for the entire reporting period. The prime contractor shall submit a report for its aggregate work force and shall collect and submit reports for each subcontractor's aggregate work force to the Federal Compliance Agency that is funding their construction project. Reporting Period ...... ...... Self-explanatory. • • ; Compliance Agency .... ..... U. S.. Government contracting or adrninis- . • •'•«.' •-.-.. tdring agency responsible for equal employ- • -. .'.- . : • ment- oppor tuni ty on the project. • ••_••• Contractor .............. Any contractor who has a construction cor.- •'•'.'., tract with the U. S. Government or applicant • .L. (See OFCCP Regs. 60-1.3). * *•'-•" • • ' ' 1. Company's Name ........ ..'Any contractor or subcontractor who has a • ' ' federally involved contract^ ' . • • 2. Trade . . '. . .-. •. .' . .... . Qnly those crafts covered under applicable • • . . Federal EEO bid conditions. 3. Work-hours of Employment ... . The total number of hours worked by all employees in each classification; the total .---- -, . number of hours worked by each ^minority ./•'.. '_•.. • ' group in each classification and the total work-^hou.rs for all women. " * ' • " . " Classification . . .•'.-*. . . . .' The level of accomplishment or status of the worker in. the trade. (C = Craftvorker - • ....'.-.' . . • Qualified, Ap = Apprentice, Tr = Trainee) A. Percent of. minority work- hours of total work-hours .• The percentage-of total minority work-hours worked of all work-hours worked. (The sum of . ' . columns b, c, d and e divided by column a.) 5. Total Number of minority employees . . . Number of minority employees working in .contractor's aggregate work force during . . • •. . • • reporting period. 6. Total Number of Employees .....' Number of all employees working in con- . tractor's aggregate work force during reporting period. * Minority is defined as including Blacks, Hispanics, American Indians ?.nd Asian and Pacific Islanders - both men and worr.cn. CPO •ft us covti;;::<£nT riutimr, orncc: io77-7:>n-oiri/3i.i Page 49 ' 6500.3 Exhibit 2 • CC.-O'UI'lTT C>EV!lOr«l«T SLOCK C*AKT KIOCIUM CONTRACTOR'S ctimncATioN COHCERNIHCt.AtvOR$T/k>;axRDS AKO PREVAILIKC WAGE RECUIREHEMTS" «!->tc fittifitntj; PATE. • - PROJECT WUMCEft f//»Aj^ c/o * . - • _. " . • PROJECT M*"C • 1. Tbt urM?«rreipocd. having tatfrcuted « contract oith __•_. __.__, ..,.__,. J: ^ r ^ IT.-.j ,_, -._._,,-j^__-/^ -,_.„- _--J_,.-— fof iLe coftKtrJCtioci e.f itc pVov*-i(J*fitificd pfojfrcU »cknowltiiirt. that: {11} TKr tjifcoc'SlrnoUrd^, pto'/islcns »re inclu^«I in the «fort-*»j3 controcl; ' '• (b) Ootrc-clioa of eny [nffttctionit of th<- 8[c-rrt«id cvrxjjttor.s, including inlfiCtioti* by c.iy of hii ftubcor,tr*ctors < . " - »hy Io*tr tier But<t>nlf«ctof*( is Ki* tr«pOftRibi!ity; 2^ H»_e»fitH»»_tjyt: ' ^ ^ {O "K?it!ier l*s nor vf»y fi/u, p>»r1n«-i*Iiip or estocL»t»o^ Li which lift U*» «obT(t*ntUl inlrrt*! U <irsi£,T«tt<! is «n Ifv-iicible co(\tr«C(oT ty tKt- Corrj-troHcr On^rsI cl iJie Unitrd St»trs F-urt^er.t to Srclion 5.t>0>) <>• to* kt£^I»'', • t»f Uic &rctel«fy ol L»W>/, Part 5 f29 Cf/J, /'ori SJci pursuant to Section i(a) of th^ I>a ^is-Bacon Act, B$ 0*) ^** jett of tKe »fores) tot! one ^ cooti-^ct h»$ b*-co or will b<? Bobcontrsclcd lo eny c c ixror> tin clot if cuch stb- contr*clot ot Bny firm, cotj-o^tica, p^rtnersHip or *ssc-ci*tion in whicH tuc'i t^tcor.trnctor ^*s * twliiteritUl Ifttei«&t is desigMttd *c sn eiclig,il>lc contractot f»;rsiirfnt lo »cy of the tfores^iiionfrd irjvktcry or t'.atatoi provisions. 3. He ft jf^es l^ obtc-in *nd for*»rfl to llie *(orc(rienlJixied rccipJctit whhin trn d*j"s sftcr l'i«r citcultDo cf riws jt^on* including; tKc^ts tkf-culcxl ty 1m t tbtorilmctors trvd any lo^cr tier rubcpntr»ctots, e ^ut-ccwilrac*or*B CertiiJCPtica Cof*C*tninjt L*»l>or SUndet^* and Prtv»ilinj Vrge Re^uir^e-*nls txeculed by t*r>e twtccnU-*ctor»» • * III AUKcutrroi-Biir Paya 1 of 2 9/75 L 1 6500.-.,...,..., .».-.•.•...»»..»-». Exhibit 2 Page 50 UK*™*. "**»«*• (iQ IS* rv»*t*i t*4 tJJftt*** »l oli rt'n** ^*Mc-*t, bolX Ofllyr»l on4 ccr^ar^**, b«»iftj o »ui>ilofitiat int»f»|l \t> |S* X C_<yVtlontitt jn*tf?it j&c*^H_*Ql .' llAMR • ADD**S»* Tn . A a* - ' . yAnniHO .'"•"." 1 C*J*t S*ctl»n 10JO, Till* 16, IJ.&.C., pcttvtd*-* In p»rt "TTT>o»T»-f, . . • * *»»V*», pvcb**, utt*r« «t po^>H»li*» •>• » to b* (»!**> . . • * • »S«ll b* (lorJ tiot t-io*-* l>«*» &S,O^O or l**i»l**ft«-J l>*t »*f* th«« t*r» ft**** 9/75 Page ?, of 2 s., n.'c. u.s. Dtfv>;ir«£.vir o? MOUSING A.~O uaaAc DEVELOPMENTCOMMUNITY DEVELOPMENT BLOCK GRAMT PROGRAM Page ' SUBCONTRACTOR'S CERTIFICATION ' '' . CONCERNING LABOR STANDARDS AMD PP.EVAILJrlG V/AGE REQUIREMENTS TO (.tpp'oft-ace Recipient]; c/o ' . OATK PROJECT NUMDAH (![ ar-.f) PHOJECT MAME • \. The undersigned, having executed a contract with . ,., for- . ('(.ontructor or )u (.\alurf of nork) in the amount of S in Uie construction of ,';e above-identified project, certifies that: ' ' * • * (a) The Labor Standards Provisions of The Contract For Co.istructioa are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller Genera! of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part S (29 CfR, Par; 3), or pursuant to Section 3(a) of the Davis- Bacon Act, as amended (40 U.S.C. 2r6a-~2(a}), . - . • ' \ ' " (c) "No part of the aforementioned contract has been or wilt be subcontracted to any subcontractor if such subcontractor or any firtn, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory'provisions. • •• 2. He agrees to obtain and forward to the contractor, for transmirtal to the recipient, v/ithin ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing tt'age Require- ments, executed by the lower tier subcontractor, in duplicate. _- (a) The workmen will report for .duty on or about ——lit? let 3. He certifies t!mt: (o) The legal name end the business oda'fess of the underpinned ori: . (b)The undersigned is: * (ii A SINGLE; pnopRi ETORSHI?: • !3» A CORPORATION ORGANIZED IN THE STATE OF: U) OTHER ORCANIZATIOM (f)<icrili-:) (c) The na.T>e, lillc and eJdress of the owner, pcrtnen or officers of ifit unJersJgneJ ace: TITLE ADDRESS 1 """T--. „...>«. * ui on orn-r porr.o.i;, Lolli nafufal ortJ ca<poroff( having a suiitantiol ii>l*rs»l ill the un^irii^nci,OnJ Inr nr.fure of t':r inrcrest ore (If nri-ie, fr< fiilcl: *• #« • NAME - ADnBESi • ' • NATU^ti OF LsTEfieST • . ' • • * • • • ;• (e) Ths (ic.-ncs, ocf<ir£ss«J onj trcde classificclions of oil other building conjlrucfion confraitorj in wdicfi the underjigncti has o suSstan'ial infcresl ore (if nine, so su!~'J: N AM 6 • ' • • . • . '• ADDRESS „ . :• , . TRAOe CLASSIFICATION ; . - • • . ' ' u icon Ira etorf (jifnaturtl (Typed Xanc and Title] WARNING ' • • U.S. Cri.-nin.il Code. Section JOlO, Title JS. U.S.C., provides in part: "Whoever, .... makes* parses, utter-s, orpubtishcs any *lattf.*ncnt, knowittt; thp same to be f^Iie. . . . . shall be fined nol more than 55,000 or imprisoned not more thon two ycjrs, or both. d o 5 0 "i r • WROU SEE T~ T T~- vPJJ3CD UlGO r ?. •n " . t« .tV* «»»v*rt 1»^w» >•«* «t *U! lit m«<t uV**<Ot «f f*.f* IM^tv^tM. «f*f t »T «*t*4 \» t*<-P m T\t! I »ir «'•«>"»'•• ""r'r*"'«'<*•*"«" «. rftT «f _L- !__-__ i-- 1& .-•• «o4 *»it»t A»,—- r -^*y ** --.;_ .a- T [.-. -'tft _, •tJ ft*«ii4 rn^ioj*^ un «»M p'ujnlhn* b»*»i p«!J *i* hill ••^ity »•!•• »*f«»»V VS»1 »ie tt%*iM H.'H [Wr.,,r..,,-U 1 »W t»j wtrf.Hr KK'Nr.r ritNKriTS UK rKOVttAU3 • Of i«» »f At KAVt *MU tllht Q)•vQ(B V.tUrfijJ* '\^y 0) C7i (C 1. oU1 u.$. DCPAnruDU or AMO >:OCi» *ND fU&UC COMIKACTJ KYlUat ,&i,iiul, TV. ... .1 «ii.j4». r*.»«ll '•••. u . MS m Ma; II.»T TKii fr.* k*4 **•* *-A« ,,,ii. pa"tf t ur.*rnn i.CvV'/\:-i> *\P j:*i.»,ii.rtTai;Y4 M^ .tf.«(*x * « r»'pllf*4 b» |K*1« f»'l^«*l Of r*>*»««r.r* ' *'•««* l*t**llt* II 1|1 ft l'Ul». Iw"«l*. « [t»\'»»* 'f. * — <•,•'» nr.1 L««i IV*A TV* f,.* — . C^*-U* i'"r'w°*^U ^n-**^' " '-'.*J, ''l* •'* '"** '*«** **'^ *** < A^.i,.,«i rni u 1*^1 rtm'4 »<4-w«»i * \f,f ft^t'tttr.1 *KA tt •.^hlnf ^*f—,-1 <A U |1*« *f I>l'-,*t Af| *».«t'l—-i» I-* *.. 11..^ l^it »l *.>•). •».!.l.«*.i I1-* ,**'•.,<.) ».., .*•».%. 4^»il W ..AU'.'V U 1» U-Ht •(( 1 /*<•! U Ik* f If .vll»« •*!..«. |V, trt/1, •—4 *.<*• I. IbM *(. ll.* »-, >,*.!« (»t'lMt*« '•>< 111 >•'••'« C.»i"""» J •H*'s'^ CUtllT,'HiAi-iJ l.lil <UlllfU »li*n A.«f fl(.U« *f ».*r1j 4/lu4ilr t**ri»iy%*-t Wf Ml- MA;*** C'inx.li * \ t • »IH c • uii."* <n^ win. win •-*(• »**—.l-tl» »*l MlK l« «-«rtl'»»l •(**< l'i«-«i l-«» If >A<liliniSf I *l»i»t(n 4l.*->t »i* d*4*i*J nr ft lit'? *•* C'.1"»Olri* <Kf'" *l *' AI"M } ff (>r« *»«!•• ' •C<i»-"'*.^_'.p"f /,'. PiJ»^.<;il*"4-'*e-'-'1rt.^**'ftJV-.1* «"*1t*«' ii*» *-•«. u«r »'i».»i(-»«,[r irfi* ttitUi»« 4**ir*kr-*m iVi t F'npl.it** Tor iiJ^if^t tirwi ».>>t.ri{ f\^*~f^f (»*K U 1[>4 of /rf>i*% ^»Ul C^* •«-v»s?** «K,rv «**..I(AJ ti,* »i-..t».i t;-.^ t.wili .».». *ny r.^i p.i.i In [l*w *f M-»j.« *•«; '..» *K**ft *.;-*• ]i*i**.At V»-;*l«^ V^ Ati-'Ui'Tt J. p>'!* t *•"** X *%l'1' tK1* '"^ ***J **' ** *»««'V»«4. »*<«*ir f.->-» IK» t-.if '••». o-.u U i^/ <o . T>>i» u »f t,*i»i*^.* IK c»><*riir tfl-^^ii-i ^*r»fn«*. .',.,.„«.;".« i", W*l »T i>-« r•»-•! i« *.»-nf i <* IN* r—'"«» ^-•-!•-* ^T I* I'1"-" »*°»- **•—;»,'li*« A) tfiifti f»u in« i-w.Ur*-* ' 44<i*i4^ *k*iU 4>«H «f ih* «*«U««|^ I »i U gIf I ,T n n 6- •* -a,p 1 o §*! Ci'2 . Page 56 CLEAN A.IR ACT Contractor agrees to comply with all applicable standards, orders, or regula- tions issued pursuant to the Clean Air Act of 1970 (A2 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) as amended. Violations shall be reported to the grantor agency and the Regional Office of the Environmental Protection Agency. • Page 57 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COM PL! ARC E This statement of compliance meets needs resulting from the amendment of the Davis- Bacon Act to include fringe benefits provisions. Under-this amended law. the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addi- tion to payment of the minimum rates. • The contractor's obligation to pay fringe benefits •may be met by payment of the fringes to the various plans, funds, or programs or by mak- ing these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether 'as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: " . Contractors who pay all required fringe benefits: • . A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not' less than were determined in the applicable !.vage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check .paragraph 4(a) of the statement to indicate that he is also paying to approved pla-ns, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). . • Contractors who pay no fringe benefits: " » ' • ' . ' . A contractor v:ho pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll' an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classi- fication in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be ' separately slated in the hourly rate column, thus S3.25/.40. In addition, the contractor shall check pars graph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use .of Section. 4(c). Exceptions • . , . V Any contractor who is making payment to approved plans, funds, or programs in amounts less them the wage determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b). whichever the contractor nay check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in tiie Explanation column the hourly amount paid the employees as • cnsh in lieu of fringes, and the hourly amount paid to plans, funds, or programs r.s fringes. *" For s.iU- by ll;f Svipi-riiui-n-k-nt »>:'Oikiinj'.:i!s. l.'.S. <."n>vi:nr,:um Pri::ii:ii; d:iut %,^ ' \S'.islii!ij;(i>n. D.C.. JO)U^ - 1'm.r Sl..?^ per p.u! »>' inn U.S. CCF'AriTI.'.'.ilJT Ol" LAtlOR AMU -IOUI1 /.MD 11.11'LIC COtJff(AC1S DIVISIONS STATEMENT OF COMPLIANCE Paqe 58 Date I. (NP:nf of ii fcn-iiory "parly) (Title) iat I pay or supcrv.isi* the payment of llic persons employed by . do hereby stole: the : (lluildine or work) J9__. 'and cndinp. the day of _ (Contiactor or sul/c ; that during t!»e payroll period comrncncinc on the day of. all persons employed on said project have been paid the full weekly wages earned, that no re-bates have been or will b3 made cither directly or indirectly to or on btrhalf of said .from the full weekly wages earned by nny person and that no deductions have(Contractor or subcontractor) beers made either directly or indirectly from the full wapes earned by any person, other than permissible deductions as defined in Regulations. Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (-18 Slat. S4.&.63 Stat. 103, 72 Slat. 967; 70 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the r.bove period are correct and complete; that llie wage rates for laborersor mechanics contained there'in are not less than the applicable \vapo rates contained in any v.-age- determination incorporated into the contrac.1; that the classifications set forth therein for each laborer or mechanic con- form with the work he pcrfor.ned. ' • (3) That P.ny apprfnticcs employed in the above period are duly registered in a bona fide cpprer.ticeship program rer'.iKtercd with a S'.ate apprenticeship nE^ncy recognized by Ihe Dureau of Atjprentices'.iip and Training, United States Dc-pr;r;::icrnt of i.abor, or if no such recognized agency exists in a State, are re[;istereci with the Bureau of Apprenticeship and Training, United Slstes Department of Labor. ,^) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLAN'S, FUNDS, OR PROGR.-V.5S ( 1 - In addition to the- basic hourly wage rales paid to each laborer or mechanic listed in the above referenced pay- roll, payments of fringe benefits as listed in the contract have been or will be made to appropriate prcn;rams for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ' | |- Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the pnvroll, an amount not loss than the sum of the applicable basic hourly w;.(-.e rate plus the amount of thereqaired fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS . • ' EXCEPTiO.'< (CRAFT) • ' • -. EXPLANATION • • . »iCVA»»KS * . * .PJ("-S*. . ' s^ • • . 1 'jiMi. ~>.i> uti.i: | MC.N -\ i ui.u | )>ll >. il 1 III. ' AI.MI 1C Al IOM Ol' AJJV r,t l.i. Mir* VI. f 1 A 1 !."l l> '•'- ••"• V Sy >;i.r T THI C(>n 1 II.'.'. 1 Oil OH OUI'CCM II A f 1 OH TC; tcivii i'H ci;iM!rjAi_ i-iioM rmi'.'ii on ••• ». i idi. I'.li cr TI;LI i,. *ui. r.. c i IC.N :-.•! c.r 1 1 1 c i .11 11 mi; u:ji ri.o :. i /. i i.s CO'. I . Page 59 &HAiluj PPK ^lj!!i%PbliJl!^ fWlf ©OS D?C!ODC!G^O,0,If IFOO^SSSfiD •: You must be paid not less than the v/age rate in the schedule posted with this Notice for the kind of work you perform. must be paid not less than one an j basic rate of pay for all hours worked over 8 a day or 40 a. week—whichever is greater. There are some exceptions. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprentice- ship programs. If you do not/eceive proper pay, contact the Contracting. Officer as given below: or you nivny r;ot in touch v/i!h fho nearest office of tho Vv/nfjo nnd Hour Division, U. S. Ocportrnont of Labor. Tho Wage nnd Hour Division lui:; offices in scvc-rnl hundred communities Ihrotirjhoul the country. Thay nro lifted i/i the U. S. Government Section of moot telephone direclorier, under Deportment of Labor, W:ine nnd Hour Division. If no! lifted write to Adminittrnlor, VAifjc and Hour Division, VV.-iLhinrjlon, D.C. 20.'i10 Page 60 6500.3 Exhibit U. S. Department cf Housing and Urban Development • CoGcunity Development Block Grant Program ' ' . F3DS3AL LA30H STA^DAPIo PROVISIONS • • • .1 • •' • • 1. APPLICABILITY _ •'....• The Project or Progran to which the work covered by this Contract . pertains in being assisted by. the United States of America and the following Federal Labor Standards Provisipns are included in this Contract -pursuant to the pT-ovisiior.a applicable to -ouch Federal assist- ance. ' ' • '2. KINIMOM WAGE KATES FOR LA30RZH3 A^H) M3CHA2JICS ' ' * • * All laborers and mechanics e-rplcyed upon the work covered by this Contract shall be paid jinconditiorially and not less often than once each veek, and without subsequent -deduction ^or rebate on any ?.ccount (except cuch payroll deductions as are cade candatcry by law and cuch other payroll 'deductions as are permitted by the applicable regula- tions issued by the. Secretary of Labor, United States Department of '• : . Labor, pursuant to the Ar.ti-/rickbs.^k Act hereinafter identified), the full c;n-ount due at tine of payment ccrrputed at wage-rates not less " • than thoae contajjr.ed rri the"vage determination dccinibn of said \ t ' Secretary of Labor (a copy of vhioh is attached ar.d herein iiicorporatod %*—\ by reference), regardless of any contractual relationship which may be alleged to exist betv;een the Ccr.tractcr or any sub con tractor ro-:d ouch laborers and mechanics. All laborers and nechar.ics employed upon nuch ' -vork e?iall be paid in cash, except, that payment r^ay be by check if the employer provides or necurci; satisfactory facilities approved by -Che . • Local Public'Agency or Public rod:-- for the cashing of the case without • _ cost or expense to the etTployee. ?cr the purpose of this clause, contributions i^ade or coatc reapcr^ib^y anticipated xmder Section 1 (b) (2) of the Davie-2acon Act on behai'f cf -laborera or rzeoh^-iico r_ra • • conoidered vageo paid to cuch laborers or -ech'anicn, uubjoct to the provisions of Section'5.'U(«0(0(iv) of Title 29, Code of ycdoral Kef^ilationj;. Also for the purpose of this clause, regular cor.tribu- • ' ' tiona n^ide or coots incurred for r.ore than a v-v-c-kly period \mder plans, fundn, or prograna, but covering "he particular weekly period, are docoed/to be constructively rirtde or incurred dxurir.g'nuch weekly period. . ' » *i V*\TT\*~'r">T'J A ^'V.*^""*) T** f\lA 1 ? * /"»"•"*/••* ^**\ O I * i *>T""%J"1*i 3» uMJXviPAljV.Jrro Oi VAC/*o G.% SAiA.-vlr^o • • In cane of underpayment of va^y by the Contractor or by any l oubcontraotor to laborers or ccc'r.:i.".ic'fj e:r;>loyed by- the Contractor or oxiboor.tracl.or upon, the work covered by tlurj Contract, the ]x>cul IMbl ic 'Agency or Public ItoJy in afliliticr. to nuch other rights fin c.r.y bo afford- ed it \mdor thin Contract nhall wi'.l;hold fro.-n the Co:;tractor, out of .'any p:iyr.f«nit'. duu the Contractor, r.o rrich-th'»r';of':.-.» the local I'Mblic Pa:/; l.oC.n- ' • ' • 9//5 ^» ^" . *I • •I , i . KlA>-V-«»>i., !•>• C. ' •1 • Page 61 C C. 6500.3 Exliibit 14 Agency or Public Body nay consider necessary "to' pay cuch-laborers or mechanics the full amount of wages required by this Contract. The amount so withheld, nay be disbursed by the local Public Agency or PubJ.ic Body, for and on account of the Contractor or -the subcontractor (as nay be appropriate), to the respective laborers or mechanics to whoa the sace is due or en their behalf to plans, funds, or programs for any type of fringe benefit pi-escribed in the applicable wage determination. ..'..-•'' U. ANTICIPATED COSTS 0? KffiTGE BESPITS . f If the Contractor does not nake payments to a trustee or other • third person,'he nay consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or progran of a typ'e expressly listed in the wage determination decision of the Secretary of Labor which io a part of this Contract: Provided, however, The Secretary of Labor his found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been net. The Secretary of Labor . may require the Contractor to set aside in a separate account assets for the Meeting of obligations under the'plan or program. A copy of any findings cs.de by the Secretary of. Labor in. respect to frir.ge benefits being provided by'the Contractor nrust be submitted to the Local Public Agency or Public Body with the first payroll filed by the' Contractor subsequent to receipt cf the findings. . 1 5. OVSRTH-S CttffiENSATIOlI REQUIRED BY COiJTHACT WORK HOURS AKD SAT27Y STANDARDS ACT (?6-Stat. 357-360: Title liO U.S.C., Sections 32?- 332) . • •• (a) Overtirno requirements. • Ho Contractor or subcontractor contracting for any part of the Contract'work.which Day require or invol.vo the employment of laborers or mechanics, including watchmen and guards, nhall require or permit any laborer or mechanic in ar^y workweek iii which he is employed on cuch work to work in excess of B- hours in any calendar day or in'excess of i;0 hours in isuch work.vesk •unless such laborer or mechanic receives co^ponsat5on at a rate not less than one and one-half timea his basic rate of pay for all hours worked in excess of 0 hoxirs in .any calendar day or in exccfjs of 1;0 *-'. in ou.ch work v/eek, ao the cane Day be. Jon; 1 iab 11 i ty . id wn jro 3 1 i qu id at pd t*. .^.n_ _ In the event of vin^' violation of the clause cot forth in para^raph ^a, the Contractor and any nubcontractor i^oponniblo therefor ohall be liable to any affected 'employee- for hit), unpaid wapC'Q.- In fulditicn, cuch Conti-actor ;md nubcontractor tiiiall be liable to tlio United States for liquidated 'lain.i£o». Cuch liquidated dicU'^n n!uill bo corzmted with .renpect to ouch individual Itiboror or nochimic employed j'n violatior.s Of tlio cl.iuoe net forth Jn para^r.-'.ph (a), iji tha' BUS of $10 for each calendar day on v/liich'cuch curployoo \/an ivstjuix*'! or peinittod to work r • •Patje-2 of 13 .., D. c. 9/75 ' U Page 62 6500.3 Exhibit 14 joi excess of 8 hours or in excess of the standard workweek of'^0 houro without t).ay"-ent °£ the overtime wages required by the clause set forth in paragraph (a). ' • (c) Withholding for 1 icuidatec. i d^srxaff?_s. The Local Public Agency or Public"Tuor^^f"^^hT-old~or~cr.u£2 to be'withheld, frcn any noneya payable on account of work perfom-ed by the Contractor or subcontractor, " cuch nusn an niay administratively be dste-roined to be necessary to' oatie'fy any liabilities of such Contractor or subcontractor for liqui- dated damages, as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses net forth in paragraphs (a), (b), and (c) of this Section arid also a clause requiring the subcontractors to include these clauses in any lower tier nubcontracta which they riay enter into, together with & clause requiring this insertion in any further subcontracts that cay in turn be E2.de. 6. •'HSPLOTJEKT 0? AS??JSrciCSS/f3ATCEZS '"'' a. ' AT>t>rentices vill be permitted to work at less than', the prede- - terainod rate for the work they performed when they are ea- ployed and individually regis-ered in a bona fide apprentice- chip program registered with ~he U. S. Department of Labor, Hanpower Administration. 3,ir2=u of Apprenticeship and Training, • • _/ or with a State Apprenticeship Agency recognized by the iMreau, or if a person is employed -in his first 9'J da;,r3 of probationary enrploycervt as an apprentice In such an eppre.nticeship program, vho io not i:;dividually rc-gi's-sr.ed in the pros™an, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be Eligible for probationary c-rrpioyzent as an apprentice. The • allowable ratio of apprentices to journeymen in any craft c]?-.sni fication ohall r.ot .be greater than the ratio permitted to the • . contractor as 7,0 iiis entire wor:-: force xinder the registered progran. .. Any enployee lictc-d en a. p:i,vx^ll at an apprentice wage rate, who io not a trainee as defined-in nubdivioion (b) of'thic nxibparagi-aph-or is r.ot registered or otherwise employed ,'. p^j otated above, shall be raid the wage rate determined by tho ' ;•' Secretary of labor for the classification of work he actually ;' , .performed. Tho contractor or subcontractor will be rc-quircd to U 3 ol 13 ' . 9/75 i ( • *h.. D. c. « • 6500.3 Exhibit 14 Page 63 furnioh to the contracting officer or a- representative of the Wage-Hour Division' of the U. S. Department of Labor written evidence of the registration of his prog-ran and apprentices as well EG ti... appropriate "ratios and wage rates (expressed in percenta-gea .of the journeyman hourly rateo), for the area of conotruction prior to uniag any apprentices on the contract work., -O.'he vage rate paid apprentices shall be not leer; than the appropriate percentage of tV.e journeyman's rate contained • in the applicable wa5e determination. Trainee3. Except as provided in 29 CFR 5*15 trai-ne.es will not "be permitted to v-ork at less than the predetermined . rate for the work performed unless they are enployod pursuant to and individually registered in a progran which has received prior .approval, evidenced by forrial certification, by the TJ.. S. Department of Labor, Manpower Administration, Bureau of Appren- tice end'Training. The ratio of trainees to journeymen shall not "be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee oust be paid at rot les.s than the rate specified in' the approved pro- gran for his level of -progress. Any enployee listed on the payroll at a trainee rate who is not registered and partici— • patirig in a traini^-j plan approved by the Bureau of Apprentice- chip and Tra.ining shall be paid not less- than the wa.se x-ate determined by the Secz-etaiy "of Labor for the classification of 'work he actually performed. The contractor or subcontractor Will he required to furnish the contracting officer or a'repre- sentative of the Wage-Hpur Division of the U; S. Department of Labor written evidence of the certification of his program, the- registration of the trainees, and the ratios and vs-go rates proscribed in that program,' TIV tlie event the Bureau of Apprenticeship and Training vithdrav.'j approval of a train- Jj»g progra-T, the contractor will no longer be permitted to utili'/.o trainees at ICGK than the applicable predetermined. -jrato foi' the vork performed until an acceptable progTan is approved, • ' • . Kouai_Kipl'oyp.?nt Opr-.ortunity. The utilisation of apprentices, . trcJ.noeo and joumc-y-en ujidor thiu part ch/ill be in conformity vj.th t)K- equal enpioycicnt opportunity rcquircrrientn of Executive Order 1121|G, an amended, RJU! 29 CFR Part 30. cii .4 of? 13 9/75 tHA>VofO... D. C. Page 64 r\ O 6500.3 Exhibit 14 7.o? CSTAUJ PHCHIBITZD No person'under the age of sixteen years and no person vho, at tho time, ia nerving sentence in a penal or correctional institution shall be enployed on the work covered by this .Contract. 8. RSGDLATIONS PURSUANT TO SO-CALLED ."Aim-XICSEACS ACT" . ' -. • The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States jJ-=part~ent of Labor, nade pursuant to the BO-callcd "Anti-Kickback Act" of'june 13, 193U (I48 Stat/9U8: 62 Stat. 862: Title U.S.C., Section E'/U: and Title l;0 U.S.C., Section 276c), and airy a.'ner.dsents or codifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all. subcontractors subject thereto, and shall be responsible for the eubiniosion of affidavits required by subcontractors thereunder, except as naid Secretary of Labor nay specifically provide for reasonable limitations,-variations, tolerances, and exceptions fron the require- ments thereof. 9. . EMPLOYI-IENT 0? LA303S33 OH K3CEA-vnCS NOT LISTED. 2f ATORSSAID VAGS Any class of laborers or nechanicn which ie not lieted in the wa^e deteraination and which is to be erplcyed under the Contract will be classified or reclassified conformably to the'vage determination by t;ie Local Public Agency or Pjb],ic rod;.-, and a report of tha action taken Bhall be submitted by tha Local Public Agency or Public Bo-dy, throu^i the Secretary.- of Housing and Urban Tovc-loprent, to the Sadretary of Labor, United States Bepartnent of I>ibor. In the event the intereoted parties cannot a-^ree on the proper classification or reclasaification of a particular class'of -laborers ar.d mechanics to be uced, the question accompanied by the rc-ccrrrendation of the Local Public Agency or Pablic 3Jo'dy_shall be referrod, through the Secrc'tarj' of Housing and Urban Developcont, to the Secretary- of Labo*;: for final deterrdnation. The Local Public Agency, or Public Bsdy sh-ull require, whenever the minicun wa^e rates proscribed in v?.e Ccn^ruct for a.claoo of laborers or 'icechaMics includes a frinrx: bonefi"-' which ia not expressed an an hourly wage i-ate nnd the Contractor is obli^-atod to pay cash equivalent of such a fringe benefit, an >:ourly cash equivalent thereof to be established, In the event the intervrued parties cannot ri£T\?e upon a cr-.nh equivalent of the frinjTO benefit, the question, accorj:<-j^.icd by the rocor—endation of the Local Public Agency or Public 3'jciy, shall be referred, throuc->. the Secretary of I-cunin^ cmd UrbL'n Developr.c-nt, to the Secretary of Labor for dutonaination. ^KCJ 5 of 13 i., D. C. Page 65 6500.3 Exhibit 14 11. POSTING VAGr SttliATION DECISIONS Ala) AUTHORIZED-WAGE DEDUCTION The applicable wage poster of the Secretary of Labor, United States Department .of Labor, and tho applicable wage determination decisions of caid Secretary of Labor with respect to the various classification of laborers and nechcr.ics ezrployod and to be employed upon the work covered by this Contract, -tvl a statement shoving till deductions, if any, in accordance with tho provisions o.f thia Contract, to-be i^ade fron wages actually earned by persons GO .employed or to be employed in cuch classi- fications, shall. be posted at appropriate consp'i'cuouo points at the site df the work. ' ' -_ • • - • ' ' ' • ' .12. CCHPLAIOTS, PROCEEDINGS, 03 TESTIXOiTY BY EMPLOYEES ' . ' ' l\o laborer or Eechanic to whom the wage, salary, or' other labor etandardo provisions of this Contract are applicable shall be discharged or irt riny other Earrner discriminated asaLnat by the Contractor or _any trubcoxLtractor because euch enrplcyee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify -in 'any proceeding under or relating to the labor otandarda appli- cable under thio Contract to his employer. 13. 'CIAU-S.AKD DISPFT3S PSRTAETIITG TO VAC3 PATES ' '' -: = • • • ; ' and dispute D pertaining to vage rates or to cl?-ssificatior;3 of laborers and mechanics employed upon the work covered by this Contrac • shall be promptly repox-ted by the Contractor in writing to the Local iPublic Avtency or Pablic Tody for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United Statoa Department of I>abor, vhose decision shall be final with ' respect thereto. ' . . • CpESTIOSS CERTAJH rSDS STATUTES A!5D REGULA.TI01T3 All quontiona oriaing under thin .Contract vhich relate to the .application or interpretation of (a) the aforesaid Ar.ti-Kickb»c>: Act, (b) tho Contract. Work Tlours and Safety Standards Act, (c) the aforesaid Davio-j^acon Act, (d) the regulations inrnied by the Secretary of Labor, United Statea Dopartrr-cnt of lo.bor, pursuant to said Acts,- or (c) the labor ,ntaiidard.a pr^visicnri of aivy other pertinent Federal statute, shall be referred, thr-ox^h the I^ocal Public Agency or Public P-ody and the Secrv^tary of Housing and Urban Dovolopmont, to the Secretory of L'ibor, Unitocl Statc-B D>^p-xrtr.ent of Labor, for said Secretary'0 appropriate ruling or intorpretation which shall be authoritative and may be rolied •upon for tlio- pvrrpo<ioo of this Contract. -.'...' 1^, WvYHOLIS Aid) HVSIC PAYROLL REC02D3 0? COOTilACTOH A1ID STJlcam Tho Contractor and-onch nubcontractor shall propaxro hio pay7X)lls on forr.ia imt I u factory to an:l Jn tvccorl-vnco w J lh 5nntx-vxc.tionn to bo J) . G oC 13 9/7J HVXVVV.X.. D. a Page 66 O O c 6500.3 Exhibit 14 furnished by the Local Public Agency cr Public Jvody. The Contractor ohall cubrait weekly to tho Local Public A^r.cy or Public Body two certified copies of all payroll o of tho Contractor and of the subcon- tractors, it "being understood that the- Contractor chall bo responsible Tor the siibzzinsicn of copies of payrolls of all subcontractors. Sach truch payroll shall contain the "Weekly Statement of Cozrpliancs" net forth' in Section 3.3 of Title 29, Code of Federal Regulatiorja. The- payrolls and basic payroll" records of the Contractor and each subcon- tractor covering all laborers and rechanlcs erfployed upon the work covered by tnlo Contract shall be raintaiiaed during the course .of the 'work and preserved for a period of 3 years there-after. Such payrolls end basic- payroll records' chall contain the nane and address of each ouch "eirployee, hia correct classification, rate of pay (including- rates of contributions or costs anticipated of the types described in Section l(b)(2) of the I)ayis-3acon Act), daily and weekly nunber of hours worked, deductions cads, and actual wages' paid. In addition, whenever the Secretary of I^bor has found under' Section 5. 5(a)(l)(iv) of Title 29, Code of Federal Peculations, that the vs-ges of arsy laborer or mechanic include the amount of any costs reasonably antioip?.ted in providir_q- benefits under a plan or program described in Section l(b)(2)(3) of the 3)avis-Bacon- /.ct} the Contractor or subcontractor shall caintain records which, ehow that 'the. co^riltnent to provide such benefits is enforceable, that the plan or prograa is financially responsible, and that the plan or pro^-ra-Ti has been co:rr?.micated in writing to th& laborers or r:echa:jic3 affected, arrl records which ohow the ccst_s anticipated or the actual coot incurred in providing such benefits. Trie Contractor a:':d each Bubcon tract or ehall na!-:e his ecplo;.~ent r'ecorda with respect to persons eiuplo.»!:'d by h±3 upon the work covered by thia Contract available for inspection by authorised representatives -of the Secretary of Housing and -Ux-ban j>evelcpr:ent, the Local Fablic Agency or Public Pody, and the United States Iv^pc-Lr-tizent of Labor. SucJi representatives chall be permitted to interview employees of the Contractor cr of .any subcontractor during ^/orkJJii^- houra on the job. 16. SPSEIFIC COTS^C3 OP CHTOJIIN !TiT2S 0? VOHK BY IT-CPL-OrSSS fhc trtju^portin;; of ronterialo ar.d nup'plios to or fron the site of tho Project or Program to which, this, Contract pertains by the orploye.ea of the Contractor or of any Bubcontr;.c7or, and the ta:T.;facturi:i£ or furnish i.n^ of cat e rial a, aa?taclQ5J, s-.tpplies, or ccuiy-cent on the site of t>io Project or Prcrran ' to. which t::is Contract pertains by persona employed by the- Contractor or by any nubcont-ractor, shall, for the a of thin Contract, and without ?.in,itih>j tl'.o ^r.erality of the ijp.5 provJoic::.o cf thin Contract, be deemed to be work to which • thooe Federal labor- Standardo I>rovisiona are applicable. * "if. jjrsLiciiu:-: cinro:.T?^cToas ' .-'' • '• . . . ' The Contractor chall not nubccr.trs.ct any part of the work covered 'by tMu Contract cr porn.lt (jubcontract-:1:! work: to bi.> furthor nub'.:cntractt;(3 f2 7 of 13 9/75 f.>. C. j 6500.3 Exhibit:. 14 Page 67 vithout thi) Local Public Agoncy'o or Public Body'e prior vritten approval Of the* cubcontractor. Tho local Public Agency or Public Body will not. . reprove any nubcor.tractor for work covered by thia Contract who is at ' "tiz^o ineligible under the provisions of any applicable rcgulationo by this Secretary of Labor, United States Department of Labor or th« Beo7:otary of Housing and Urban Development, to receive an award of cuch subcontract. ' . ' 18. RIOYISIC-IS TO IE JKCLG32D HT CSKTAl^I SOSCOHTRiCTS , .- Th« Contractor rtiall include or cause.to be included in. each cube exit ract covering any of ttio vork covered by thia Contract, provi- B5.ons v!h-ich fore consietent vith these Federal Labor Standards Proviaions • .end aln'o s. clauuo roqxiirir^ tho subcontractors to include cuch provioiorLS JLn j?jriy lower tior Biibcontractfj vhich they nay enter into, together vith a olfcuss roquiring cuch insertion in any further subcontracts that Day in iirnx bo noda. - • , * " • 19. IS3SACE 0? POHEGOI1TG K3SSAL LOO?. STA1TDAED3 PHOV1SIOSS Itx- addition, to the causeB for terrJnation. of thio Contract as flowhsro est forth, the -Local Public .Agency or Public .2ody ihi> ri^it "to -terriiiis-te this Contract if tho Contractor or any otor vhoes cubcontract covers any of the vork•covered by this Contract nhaJ.1 breach any of theso ?eiaral Labor Standards ProviQions. A broach of these Federal Labor StandsLrds Proviaicns nay also be grounds for doboraent as provided by the applicable reg^alatirons issued by the Secretary of Labor, United States .Departnent of Labor. ' • je D of 3.3 UUf>-Vo.h., D. C, Page 68 6500.3, . V J • • ; KxhiMt ] -'.'. . •• ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED -ANTI-KICKBACK ACT' AND REGULATIONS PROMULGATED . . PURSUANT THERETO BY THE SECRETARY OF LABOR. ' UNITED STATES DEPARTMENT Or LALOR . TITLE IS. U.S.C. section 874 . ' . (Replaces action 1 of the Acl of Juivc 13. 1934 (-5S Slit. 943. 40 U.S. C, .\ " sec. 276b} pursuant lo the Act of June 25. 194S. 62 Stai. S62K KICKBACKS FROM PUBLIC WORKS EMPLOYEES . • . fV'korvir, fcy forcr, ir.limiditwr.or ttir'it ->f pfiK-.-rv.; i;«riv*l from r mf4o>mf nt. of by «nv other mirror »hrtio- e»CT indiKrj my fwr-on cmpioyrtl in iht cur.^njrui/n. |-n>^ri--tv>n. com(,!"tiont>r trptir of in* p-j^Uc l-ci-iii\£. SU—'K: wort. or t,,,1Jmgcr v.-ort fminccdin wlwlr or in p^rt by Lti'Mcx- a»n^/roin :V Tnilfd ^!it<^ to ei»t cpiny pirt i.(:hf com- prns*tk>n lo »fS»'-h h« u <-nlitlfd u>v{^r his con!r»<n of f rap'«^»ratnt. ihwl be finrd r>ot r»rt- ihw JJ.COO c< io-fo^«<J tx>l . tnatt thin fivr yrjn. of bolh. SECTION j"*OF THE ACT OF Jt'NE J 3; 1 9«. AS AMENDED (-WSttt. 9*8.62 S«»l-W^ 5.C.. KC. 276c) ot fJ.JI miX- n-t»nab!r rrfiitijm !9r root/flwj ir.d » tulion. completion or fp»> of puhlic buu:dmr>. f>-bvc >-ori.> or li«ifip^> or ».orVt i"r.z.icra in w><.^ or r- -rtf\ by IM-J inli.fm^th'- IVitcd 5'.«Ir^ inci.jair? i f.r3vi4;o:U(..iT.c:icor.lrn;^«ndmi-rontri<lof .nil! :Vr.'v-, »tr»V »iu(TOt-- Vrthicsp^rt l^'li" w,?4 oiid rich tmpioytr dunn? thr : prettiri vr^t. ?<rcl^n 1001 of Ti'Jt 13(i.'rjt«! 5u!n Coif) s>-d; to fcix-'i >t<Crin«ntt. . . • . .--XXX--- ; . . . - Pursutnt to tKc iforcwJ Ant! -Ki'l-bjcV Act. lJ« .N-(rcl».-> 01 L.Jvr. fnilrc! <tiln Drpirt-t^r.t of U»-vx. i.u ^romut- c>tt<!lJ.cCr^u!-tion.hcronaftrr^t fwlS. v.h.rh frfnJn^.-.. irr foorxi in ntlc ^/. .':uhii-J<: A.Cxx!< of r cJ<t»J r.-r-!'rfoivs. P«t 1 1hc'|«m-thUp»rtr*»u«difithcf^uIjliur^KTrrini^tr<lfor'_-i.rcftr«t<.Pirl3!t><«L.>»cr>tr.twr.«. ^tij iff TITLE 29 -LABOR ' Subtillt A -Office of the 5^cirtjry of Latwr '' V.liOU: OR JM'ART SY IJOASS.OK GRANTS FROM Ti!t fNITF.D STATES Section 3. 1 Purpow And icojc. . ' •• > flu'.|..rt |.rrK.iiU-«"»iiti<i«VU<-l"rrr.uUt:nMO>i'T vcO-jn 2 of th< Art of Jof.f »3. 1'>JJ. w i»r»ir^ «*•> VAC. ,ul^yV.wv,n«*lKrCo;-!/r.J Act. Tlu. |."1 V f-:>" ^ "! roritrtM v 1^1. i. n.S/rt lo Fr^. .1 ~^rj=vi^h i- (-.; l).<- con^.rutt.on. j<-ok-.i<tion. cr.m?!*:«r.. c-i rr:-.^ of p.i.iif buiMitv%. p>-^f *««.• or b^ i^..- « "0-fli /.t«J in wi,,!c « in t,«t l,y b.r,, r.r rr.nti f.-om iV I .-..tfj SUt«. Tt^ |.«rt i- iM-n^-^ to «ni «•; IV «J.;^«-»r»( of iK firtiini »-,;r l«w>.T1»of iVc L't^w-Kk-wn Act »nd Irt >I/K.U. tiJli.Ki •Jti.'ir.f .-ilh rrcv-t.ily ^-*ir-.' t-^J^ »<---« tS«< .-ulw ,«'i,imuM v.f. pro>-.>»ini. ^irl^jir^ tin»«: ^oo^on. which «/c tvjt i^jtrt lo IUorj^iwt»>« rV»N». K. A', £).C. of.)3 ' V75 • r Page 69 6500,3 ' Exhibit ) ,4 ca*ras3aHra*J^JWaiMKfcsrOT«^7ic=rfro^^ Section 3.2 Definitions. A* o*r d in Oit regulations in this p«t: . (z) The lcrm»"bml<iifi»"or "v.-oiV." frneri'ly include conduction ietnity u cip-tin^uJslird from manufj.-turin~, fuin>?SiT£of materials, cr «crvicir.g and rnxir.ten.inee work. Tlte term* irxludr, *iithout !imi!»lian. bunding. ;*truc lures. and improvements of rll !> pe*. «uch a* bridge*. dam», pUnlj, hu:hv,ay*. parV* ay s, street*. Hibwjys. lunn.-U, *e *rrs. rnain-i. rmwer- •?inc5. pumping >tjl>orii, r Always, airjioru. terminals. docl. v pier*. whirv*-.*. wryr. Ii2hlhoi^e?. buoy*, jellies. break* a I en*. lcvtc% CDnnrct'Or. >-il!» A^J fl the tile of ruch » b ing of TviaSrriaU', irlJcIc*, supplier, or tr^jipr "«jt»c!\-*. iu^ltc*. or <:quipnKAl tlunr;: the Ininuff ctun-d or frniii^cd) is not « "buiidi tn^. riiiin^. I'lj-tttr.?. f vri*»nr.^. c cir\ny r and lrfn(i-iC*pme. L nlrs^ f«>ndtirt«*J m ljir^ or vofk ii i? drscrib^d ir» iHe forcr.otn^, ^rr.tcncc, the manuf.»rturr vt furnish- f nt (* hither or rot i Fcdr.'j! or M Jtc ^icncy ia^uirr < lilt? lu ^u^:I1 ma'.rruU. turse of the m Jr.uficturc w furnijKip.?. or o*-Ti« thr rnatcnjih from which the y ire *' or "vork" wiihm the mt ming of the rf £u!.»tJonrt in tht* part. (hi The terms "con.-lruction," "pro^-eculion," "completion." or "repair" rncjn ill t\ pes of work done on a pi/licular building oi'vort «;. the lite thereof. incliiji.it-. without lirr.ili'.ion. alterir.£.rrmo.i-li:iJ.. ptintin^: jnd decorating, liie l.-an-i-'rt- inj>of ti'iterir!,- aird supplies to or from the builjipj or v-orl by she em;.'<y ee» of l-Se conduction conlraclur or construction lulvcoiitriclor, »rid the marufjctunr J or f'jn'i'hii-^ of material. wt*r!r». iupplie*. oe equipment on the M«- of the biitljin? or vtxfc. c»v j^rio.it employed at the site by the contractor or JutKrorlriCLor. /c*i Tht lenrtj "public building" or "public work" inchjd-e L 1:1 is in.- oe vori. for vbex«e construction. ['ro*eculion, com. portion.or tTr-*ir. t> defined alx>>c. a. Fcderjl agency i* i contracting pa-"iy, regardless of vhether title thereof U in * t cder*I • tgtttff. (d) Ttit terrr. "building cr worV financed in whole or in pm by lean.* oe franU from the United SlsteV in clod's build- ir.g or ^crl. for >.'bost contlru-.-lion. proyrcntion. completion, or rcp*-¥r. a ^ djltn'.'i tKc ve. pay men t or part payment i* rn a if cluecliy or indirectiy f;x>m fund* ptovid'd bv loan* or (.Ti^nt^ by a ; rdrrji a^^ncy. The ttrrv dee-; not inc!nd.- 'yuiHir^ t^ vori. for vf!uc!k fVderal ^v.!st^nex U lnnited t->Iely to iov> p-arantee.i or.ir.jLri.-.cc. . . (c) £»rry priori piid by a contractor or subcontractor i,T any m j-.r^r for hi« W^.r in the cun;UuciKin. provcutkin, • coin;4rtton. or tt pair of > puilic building or public votl or buil.Knjcr vcA fi.-jneed in vlrjle or in part b) 1'isn* or ,-rj'.t> fjorrx t!>e United Sotef ii "cr.iployrd" and reetiiin^ % ij;e«."r{j coles* -A any contraclua.1 relalionihip iHtfd tc e\iJt b.-Urcn him frtd iKc nil ci7\pk»yer. . » /{) T>ie term **«n*^ affiliate.! person" include* x ipouy., child, ptrent, or other rV»e relf ti>c of t*e corttranor or sub- tontr»ct*lr;» partr>-r ot ofi'ictr of the tonlr«ft;>r or n.bco,ntr«..:x: l corporation cVwe!;1 conuirlnj »ith the cunlrictor or rul-co.-xtrjctor to pa-ent, subsKiiiry or olhrrtii.K. «-Td an officer or a-^nt of nxii cor;>jratVjn. ff\ "Hit term "FederjJ a-'rpcy*' means the United S',a'.e«. the Di^trK't of G/urnbia. and at! eireutive d' p*rtni*-nN. in- imluJiri.> n>:c<;rrlKia». alior tn!'~t >nli ally all of the ttu'.i of vhi.'h i» b're fie.all) nwrwJ b\ th' United Slate., by llic I)i-t.-i-1 of ColurubiA, <ir a,n) of ihc (v(rj-oiii^; dep*rtmerit». eitibi^hrr.^pt*, a^cpc.e*, ajid in'UrumentAhliei, Section 3.3 Weekly statement with rc«,;x'C( to payment of v,--^»-s. • (r) A» u»e J in l5ii» ".ctiem. t'r teroi "employee" r-hill r»il apply lo ^-erwn* in clawifiea.ti-jiu hi^lwr than that of labvrer Ot tiir-rljuiic «'\J OI>M« ttlto art tl:e iiiinifdial-: au(<r»nwri of «ucr> ernpV>jee». ^ , C.C. 10 c.* 13 9/7S. Page 70 . 6S00.3 . ExhiJbit 14 » Vv'Il 3 W my l-e ti.'.3,d« rvnnirnt eonlrictui^ «>r *j-<«njc,rin* s^rncy, an<{ ropict of llw*r fonrj* ntjy l»c purijia>rj Olfkr. Cc) ^p tc^jutrf ment> «>f l1r»* welicrtt flittl i»oV *i'I^v *° ^^ coi»tr*<t of S2.000 or kss,1 \ ' (d) lipoo a written rn»lm* Lj Oir ticj»i of » FcJ:r*J i^*o<y, Il»c 5*rcrrlwy of l^lx>r m*y prtmoc rc*-rOnil>k )irnll*tvoni^ V*ri*tKii:*s li»!rr^'icr>. aii'J r\rmjiliun\ Trum t!ir in|uire,*TKRU el l!u- srctkni wjUjccl to SIK!I cooditton^ is the NrcrrUry of may *jx*cify, at 33 F.R. lOjnGJuiv 17, 19631 Section 5.4 Submission of wctkty statements and the jx-tscrvatkm and in».pe<tion of wetkly payiolJ records. (») K^cJi^colly ^*U-j»rnt rrtjuircJ unJct S 3.-1 0:5*1 ix: d*-!:vrrc(J l*% lite conUactor ur nul>cuntr>clor. vti'iiti ?cvcn *flrr llie tr^uJ-ir ru\ mml «lj)r of tl*c j»a> to'! j>rrx*d. U> » rr j-fc-rntilnc uf j> Kcdrr«»l <jr Slite a/*-nr\ In ciUT1* al Our f l»c Ituildnt.; (»r v.orX. ^x-. if llnrrt K mi rvf-cr«<nl*li»c of * V'r (i^rjl tx- 5lJ»lc c".'-ncy «t tliir iitc of tl»c huilJit^; or *.orU, /:vf nt ^ll^!^x• in3<tr<} U% 0>c cunlr Jv'twf or ;»ilx:ur.lr^ctOf. v.ilttti vuclt liinr, tu a Kcder*.! or Stale *icno ronlrji-liii^ foe or fi.i.MK inj; 0«f Inn!JIM* t.r vuri., Aflrr sucli f\;mu«j*ic-n t.^d c!<rl. a* m*y be rntJr. *ocli itiUrirnt. or * c**i»\ llirrroT, llult l»c t*-|-t t\.tIOt;lf, or vjij'l IA- IrariMniilrd U'*cll**.r wit-» i rc^rft of *nv \>o!*tioti. in JcCxud^nrc Vttli I j'^tvCiL-ic prtKTiJurc* |KOCri!x:cl by llif I'riiU J Si ;lrrv I K-(*jrtinr?il of I jt**r. » ' • - ?* (l») Vji<:1» f ontraMor or ^ui>cv»ntrattor *.lu!l |^i*>rnt 1*1* vrrxK ^->\ron iccor<J» ft»r » prrtorf of iKrcc ycarv from dalr of C0ift**t« !>"'• of (1:«; rurvtrscX, 11-- pjs mil ftor«U J;i!l set ccl *<c*a"ilrK i:*d corn[il«-U-!y lH? name *n.i *<fJ.T»A f? c^rli l.i!»orfr *IH^ mccltJttjc. ItV* ccrri-t'l tla^if^ jliori. ri',<r uf |ia\, <!^»'\ a.->-i wo:>.!\ r.^rnr-cr of hour* vurkrd, d^du<lK'n< n\>cv. xn-J aclua! Wf TS pjid. 5wcb j«3\ ru!! rrcof J> JuU LH- mj<!f a^^i!*!«lc jl •:". l:uf s for i/v-f-^ction I>) lr>? conUzclinj officer ,c< !-U «ut1tc*nicJ fCj»»'« wr4»!l\-c. a:>d l«y ju\li*>rii'*^ rt j>rrfAntati>r> uf ll;c Cr^c.".r^cf,t of Ljixi-r. Section 5<5 Payroll dcductk>us permissible without ip;;-JcMion to or approval of llua Secretary of lj»bor. DcductKip* nnJc uniJcr ll^: cue jrnHancci or iti T1^- vtuitrjn* described »^ 0»e |iJTa^T«|i)a of thh KCd'on fr.ty l< nia^e vitKaut *j'plicjt»vn lu an J jpj'nis >l of the S^crrlj/j of Iji/or: * . . (>) Any JcJucllon na'^ in nmipluiur %*ith tl«< r-^omr-cnt* of IVc!rr*l. Sl*tc,or k>CJit l*w% JIK^ i> Fr^cril or State vitliltokltn^ incninc ia\*-» imj ^ cJcr#l MyOtal vcuntj ti\c*- (li) Any J--t!ur|Kjit of wT-i+ |-cr\u»»i~l) paliJ lo l!>c (,r».t»Vi%cr IL* * l^n* f)^c pr-paymrrt of w?;c«. v1«^h $-.cK prcpjt >^f nl tt lu>(!c »* itliitut J»-«.<>unt or i^>:»:^^l. V "l^.mi luV (TipJ} rrttM of x*rr\"* i<i co*t^tcici<*d to in*e l>fcn r.!a--Jr o*»N v.J-.m cj-l* or lt> cij»i\ jt«-i«l lu- ltr-cn aJ% j;i»T»J tu tlir (>^rx>ri rmpU«\f vl m »v<r« Mzuricr »s to five him complete frtctlotn of d.«^>?ifii.*n of llv icIvjttxrJ »i;ii(l«. (c) Vivj J. Jucll.m of »rnc*utiU r»-«pirr coiiUx'tor, s-iilif ontrji tor ur an\ iffilMtr J j*v O .»r3>jw.w* of 13 Page 71 C500.3 ibit 14 Any c? eduction conAlituttji^ * contribution on behalf of tHr cxr-on rmptoV*1*! t'> fund* rM jbUdirii by th< employer -jitaLJvta of cr^ploYrei. or both, for ll^ pru £<»-«• of pro*vlir^ eitl*r fr.jni j-rincip.il or income, «ir both, rnrdiral <>r hotpiul carr, fwrt.-uoiiior tnnuilir^ on rel:r*:nenl. \if£\ !i lwnrfiE.4,co::»-1<r!<^l«'r> f-ir ifnuri'-s, illncM. ^cctd^nts, fifUn^w., or ^isaUtitv. c-f for ir.Mjrsrice to provide ZP\ ut iKe fi'r-'^'^in;. or uriTT^Ioyricnt b^n* fits, va-:atKin pjv. wv-inj> accounts, or wrnilf r pa.%mcnls for lV»<: benefit of enij>«)> c-ra, ihrir fjimtlt** ard d'^ndf nli" /Vot i.f/-J, /lourrcr. That the fijll'iwin^ T-Uridafi!;. *re met: (1) The (-cJuCli^n ii not ot!irrwu-» pry:*.iSii.*ti by \>\>'. (l!) it i* n;S*-r: (i) Vuluntantv mn-rnl^d to bj thr-rnipl'ij^r obtamir.:; cf or for the continuation of f-fnpU/\ ntrnt, or (ii) provi^f d f'T in > }>•/•..1 Hdr co!!'Tti>«" o^r^Biniop a:*Ti*rm»*r.l b*"« <Jirett iy or indi/fclly, by lh' contractc-r r^- *ubt.t>nlra<tor or any tifitistr^ p/r-j>n in thr form "f romnuv-«in, tlm«|i-(nl, or (t) Any deduction conlrJStitirig to^4jd the purrhi-^ of I'nilrJ >lJlr> I)rfrn^- Stain|»^ and ll*jnJ» wl^n vuluttlarity (f) Any deduction trt^uri*trd by the employe^ to tnaMr him to r*"r"> J"3n-* l<» or ti* purvhj>r fi.jrcs in rrrJit unio iict! and opct*trd Jn ^ccocd.in*:^ **ilh F^dcr?! jod 5iile credit o^*^n sUtutr*. " tt>on voIuiUiiilv autrK-riyed b\ ih'- cm[>t'»\Cf f*-r tK«- rnjVinf *if rontritiutlori» to ovrrntnr»tal <»nu fi*f iKe rniVin;; ttf r*jntfibotion>- to Community Client*, ntj! »^iiicics, such *s thf American Hcd Cr (h) Anv <?•**! uct»on %i»bmt*ri!y ?uihoriz^d Kv Unhcd Civ^is FUPC?JS *j\J sinuliw chirilihle or^apir (i) Any t'edudkms to p*y r-'gutjr union inituli^n f*"t^ and nirmTK-r^hiri dnr<. hut inrlndinj; fiu^# or jjxrial asp»rs^?n^nt*: fVor f---?c?» 'M^W 'i«*. Frj.*t a ct»!lrctivc tir^iininj a^T"-rr7T-nt bet*-«-«-n I!K- CL'nUJ«"t»r trf>u\)*"i»n*r*rtof and rcprrs^ntativr!* of iU tnij>kiyrr» provides for such ti'tjuf lion> and lh^ rfrdutl^tn*. Air pc-l fjir/r^ J^ pn.KJiilrJ by I*w. (j) Anv deduction not morr than for xh' "rra-^miM*- ro>l""of l*-*jrd. l<^^\n.f. or otiiT f**"i!iti*^«. mrftit-H thr rtxjuirr- mettt* e( v-clKm 3(m) of the Fair l-il^ir >*Undtr»i-. \r( <if I'JtH. a- amrn*In!. ar.-! i'i/I .VU «jf lfu> lit!*-. V- h?n ^* li a d»-r!iif lion Unu-^f the adJiUnui rrcor^s rr^uirrj rn/j^r § :t |f»^TT (t) of liti-t tit!' *h*!l br V* j.t- Sccilon 3.6 Paytoll deductions [x-rmi-VMble v.uh the apjx-oval of ihr Secretary of Latx)r. * Any corilr^ctot or f-ubcoiilrrrUir may apply to th^ ><*Trlary of t^i-ir for ( tnttlrd unti«-r § 3J>. The 5-*-crtl/ry may jT/n| prmivfoit ^h^n^^rr b/- find- thjt i 1*i nukr any drdurlion iw«l p«-r- ) "ilic contractor, ^u^/contfjf'to/, or *n\ aff;lijt*-'J j«-r>j»n t!»xs r/<»l rr,»V.- j j»r*«fil i»r Ixiiffit dtrr ftly or indir«-clly from LW.li-^ii rithrr in the form vf & commiv.*.i'>n. <Ji\iJ^nd. «ir itlhrrv,j>r; (b) The drduel'um Is r*»l otbrrni<< prf'hibitrd bv !*w;- (c) The d-rd'Ktioo is either (1) u»IunS*tritv lon-^nV J to !»y tbr trrrplojrr Jn v riling ar.d in jd\jm-r uf tb" IK n-x! in whlcS |Kc ViOrV 1.^ to !»^ done and .\ui h convnl t\ ivjl a <i.".-lil^/n «-ilfi«:r for t!.* nbtai'»m; »if * irij.I-jv m»T.t «ir tl- rnntinu.irirr , <,T f J) Provide J tor in 2 b*»r-» fck coU'Ctivr bar^Jinipj: jpf «rn*-nt b« twrrn iS*- «->tnliai l».< *jr *nlH-(.i»lr>rt'ir i-:id n -pr^f nl.Jtiiri. »'f it* f*-! t»f \}*r * 12 of 13" -5/75 Page 72 . . C5C0.3 * ' * - ~.-|_-.r— _- r .-_i i-.iM-.i- r-TTI- _j-_-i j--. - ML _L _i_ r j.~ n-L- - - _- ^SJ<i^«:»^^ . .. J Scr'ion 3.7 Applications for tlic ajij'roval of Ilic Stcrclsry of Liboc. ; ' ' ' < :. | • Arty »p|>!ir.»t>Ofi fnf ifn- nuLii'g of pi) roll Jriliirlirm* uiy<r'§ 3.d »fulf cu:nj»ly »-i:fi l!.f rT<;uirrrnciit.-|ir«-oi'l»ti in li< * ' ' • following i^r.-^.Trfi-'o of llii* s^chou: • (a) Hit *j>p(j>.ittoii »li:dl If in » riling in-} sJ.jJI l»m!Jrr*.xJ lo I fir rrctrliry of l^fir. ^^ 7lic jpj.!jt*[ion .*.hj!l iifcnfifv tin* ro;itr>:( (ir tvrrrycls ui^I^r »* J;irf; 1^ vntl. p« 'jof.^iofi H lo )*r jw-rfc)o»M%i. Tcr- tat^k>'u ^t!I I.-c j,'ivrn U*r cfcJui lion> only on aj«'i iTn:, iolr»*l:fj'^'C\'vfiUJCL-, f\< r|"t uj*^n 1 s^*-rfvij^ of cxtcpl^n-J *"irTuj.'*il^rri- ' (c) TI'c ipplii'alion .''u!I HJic iffinnjti«cty (li.it llirrt i« f&7i;«unc<- »il!i iKf -t.-ndwili rff forlli in J.3.6. Jdc ifflf/:i/holl flulf U jccvnijunicd J.y / full sUiinfr.I C"f l(ic fjcL» icdJCJlinJi^rt ram;.tjjncc. (<I) Thr t-j'^Iicatton slt^t! inclijtlc a tjrx'fipliun of i.'*f pro|-j-<"J JcrJi^ti^'i. flic ^>i^|o^<" lo iw 5tnni tljcrci-v .. *nd (r.c tof I.i/K»frr; Of nifc/uiiic^ /roin ^*/»c-s< fc'i^c.* l/ic f-rx-^-vJ Ji^tntwKi wuuM Kc />Ur>c. fe) 71'f application sIiJI Mjtc (lie n^or i-\A biiM'/vr-iof j.-:y I.'unl j<r^cn lo v.Iiom ><rv /L-X)» oblJnrJ l"n>« iV ;*T>- uclioinirc lo be lra<ii»ni::rd <nd ihr sffu'ij:i».T of ~wli ffr^jn. if o/iv. v-ilh if:? j!*^t<uiL. faction 3.8 Acf Jon by the Seareury of Labor upcm applications. of I^iLor ffiji* (?rcij^ wSfihcr t»r n^ «Ji*n T'Olif)1 ihi: *j'|jl:cin( in v»nlin^ i/f /us tVci^ioa. Section 3.9 Prohibited payroll dsdc , • Scction3.IO Melhodsof. roymcnt of w^gcs. I ' ''•-.'• • . «T»I t f ' lilt.* 1 »" 1 I * » • It J J •!_ * I •** » ^ r• • i?*?i?JYnii*olo» w^rr s wt .1 ,| r-c i»y cs^/t, n*po*ui/"* j *.'«*•!»* rrit* r>i\v.'"c on crir^ n*?, or I r^c ic c *tii**/wi Jt'/.'*— »».• \ <•••!! *c it^>- • iJon fot v-hfcJi *lcJuc(ioi*» arc ^rrn»(Vwb.'': umicr iliis j-jrl. Np ol>*rr niclho^A pf J'.vnui:! i^aJi S>frcci»;iu*rti on *>vi. v.hjcct to I!K CbirCi'^r.J Ac(. * . Section 3.1J Kcgubtions pitl of contract. • All contrjrts in.»J«* witfi r^ifwct lo ifir con=-tr uc(iynj-prv*-ccnU'0. r?;n;i!r(*>.-». cr ir'^:r c.f *nv pjJ^'.'c !»ui'^*v,'- cr j *^!ic or l«uiMin£ or worl finj-iccd in *> ^cJ-; <^r in pjrt b> ixia« or grants frofii ihr L'riilc J 5l*!r4 ccrv^rcd L> IV rr^.-jlK-ns in par! «!i>II t«^tf.s«!y l.i'nd ilit coninrlor cr su(.iontr«-:.-rc to ccrrply xiir> such c-f ihc rrr-_l>:»iii5 ti l.!u'f pirl i-i rc»y t« Jj>- Uc. la l!iisrr£j;d,»« § 5.5 (ij of l!ii« tubtilff. . 9/75 us WTiRvtN Page 73 SPECIAL PROVISIONS 1 . Clearing and Grubbing Clearing and grubbing shall include but not be limited to, the removal and disposal of all asphalt paving, concrete curbs, gutters, sidewalks, shrubs, wheel stops, iron posts, chain link fence, and any other deleterious matter necessary to accomplish the construction of the improvements as shown on the plans and as specified in these Special Provisions. Material removal shall conform to the requirements of Section 300-1 of the SSPWC and these Special Provisions. All concrete, asphalt paving, and other materials removed shall be disposed of in a manner acceptable to the Engineer. The cost of the material disposal shall be deemed included in the lump sum price bid for clearing and grubbing and no additional payment will be made therefor. 2 . Finish Grad ing A. Before and during finish grading all weeds and grasses shall be dug out by the root and disposed off the site. B. Finish grading shall consist of finishing surfaces by raking smoothly and evenly and removing and disposing off site all extraneous matter 'to facilitate natural run-off water. C. The moisture content of the soil shall not be so great that excessive compaction will occur; nor so dry that a dust will form in the air or that clods will not break easily. D. Finish grading shall be smooth even and uniform with no abrupt change in surface. Soil areas adjacent to buildings shall slope away from the building to allow for positive drainage. Low spots shall be graded to drain properly. Page 74 The planting the grade of except where areas shall be graded to a level 1-1/2" below adjacent pavement walks, curbs and headers directed by the Engineer to allow for drainage F. Payment for finish grading shall be considered included in the bid item for grading and no additional payment will be made therefor. 3. Concrete Curbs, Gutters, Cross -Gutters A. The constructon of concrete curbs, gutters, cross gutters shall conform to Section 303-5 of the SSPWC. B. Portland cement concrete shall be 2500 PSI and shall conform to Section 201-1 of the SSPWC. C. The cross gutters shall be 6" in thickness. Asphalt Join A. The contractor shall saw cut the existing asphalt road surface along a line as directed by the Engineer to provide a smooth join section and to allow sufficient space for the installation of the gutter form work. B. After the removal of the concrete forms, the pavement shall be replaced with a structural section consisting of 3" of asphalt concrete over 4 inches of aggregate base material. C. Asphalt and base materials shall conform to the requirements as specified in the asphalt pavement section of these Special Provisions. D. Payment for asphalt concrete paving and aggregate base material including A.C. joining shall be included in the bid price of asphaltic concrete paving and no additional payment will be made therefor. Page 75 5. Ag g r egate Base A. Aggregate base materials shall conform to the requirements of Section 301.2.1 through Section 301-2.4 of the SSPWC. 6. Asphalt Concrete Paving A. Asphalt concrete shall be Type I-B-AR-4000 and shall conform to the requirements of Sections 203 and 302 of the SSPWC. B. Aggregate shall conform to Subsection 203-6.3.2 and shall be Type I Class B. C. A prime coat shall be applied to the surface of the untreated aggregate base at the rate of 0.25 gal/SY. The prime coat shall be grade SC250. D. A tack coat shall be applied on abutting concrete surfaces, along the saw cut and on existing pavement to be resurfaced at the rate of 0.10 gal/SY. The tack coat shall be Type SSI asphaltic emulsion. E. A seal coat shall be applid to the finished surface at the rate of 0.10 gal/SY. The seal coat shal be Type SSI asphaltic emulsion with a 60-70 grade liquid asphalt. F. Before final acceptance of the work the contractor shall, in the presence of the City Inspector, test all paved areas for the correct water run off by flooding with water from hydrants. Any area where water remains standing shall be brought to correct grade to prevent ponding. G. Compensation for the asphalt concrete paving and aggregate base, including prime, seal and tack coats for the parking lot and roadway join section, complete and in the place, shall be included in the unit price bid for asphaltic concrete and aggregate base and no other compensation will be made therefor. Page 76 7 . Obstruction and Cooperation The Contractor shall coordinate his/her work with that of other trades to avoid conflicts and shall, cooperate with other forces working in the area in order to achieve a timely completion and allow work to progress in a logical manner. Due precautions shall be taken and care excercised to protect other facilities that may be in place at the time Contractor is performing the work. Should the Contractor in the course of the work encounter any obstruction that requires a design change or special construction method, he/she shall immediately contact the Engineer for supplemental instructions and notify the affected agency whose facility may be involved, and proceed on the basis of written instructions from the Engineer and such agencies. 8. Saftey and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of the workers and public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. The Contractor shall notify the City of Carlbad Police and Fire Departments 24 hours prior to beginning work. In addition, the contiguous property owners shall be notified 24 hours prior to the beginning of work and also during the progress of work if sub- stantive traffic flow changes or driveway closures will affect their operations. 9. Cutting, Patching The Contractor shall do all cuttin.g, fitting or patching of the work that may be, required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by the Plans and Specifications for the completed structures, and Contractor shall make good any defect as the City may direct. The Contractor shall not endanger any work by cutting, excavating, or otherwise altering the work and shall not cut or alter the work of any other contractor save with the consent of the City. Page 77 10. Traffic Requirements in Carlsbad City Streets: The Contractor shall arrange his/her work in such a manner that the following traffic requirements are satisfied: A. Provide and maintain one 12-foot traffic lane during Contractor's normal working hours and two 12-foot traffic lanes after normal working hours for all streets. Any one street shall not be simultaneously reduced to two lanes at more than one 'location. B. The complete closure of any street requires prior approval of the Engineer. C. Vehicular access to any property in the project area shall not be blocked off. 11. Traffic Control in Carlsbad City Streets: The traffic control includes the construction of detours, street closures, and related work necessary and required for the construction of the park ing lot . A. Notifications: The Contractor shall notify the following City departments 24 hours prior to the start of work on this project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-5541 Police Department - 438-5511 Fire Department - 438-5521 The City of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs to be posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be removed by the Contractor immediately when not required to facilitate the work. B. Barricades, Guards and Safety Provisions: To protect persons from injury and to avoid property damage, adequate barricades, bridging, construction signing, warning lights and guards as required shall be placed and maintained during the progress of construction work and until it is safe for traffic to use the street or highway. All piles of materials, equipment, pipe and other objects that may serve as obstructions to traffic shall be barricaded and have warning lights. Page 78 The warning lights shall be of intermittent flashing type, amber in color and shall be working from one-half hour before dusk continually until one-half hour after dawn the following morning, and when visability is poor. All safety rules and regulations of local and State authorities shall be observed. Portable delineators, including the base, shall be composed of a material that has sufficient rigidity to remain upright when unattended and shall be either flexible or collapsible upon impact by a vehicle. The base shall be of such shape as to preclude roll after impact. The base shall be of sufficient weight or shall be anchored in such a manner that delineator shall remain in an upright position. If the portable delineators are damanged, displaced or are not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The verticle portion of the portable delineators shall be predominately orange color. The posts shall be not less than 2-1/4" in width or diameter, if tapered, shall have a cross-sectional area of not less than 100 square inches measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be 37 inches above the traveled way. Flourescent traffic cones shall be of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented flourescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of sufficient weight and size or sha.ll be anchored in such a manner that the traffic cone will remain in an upright position. C. Traffic Control: In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades and other facilities for the sole convenience and direction of public traffic. Page 79 Also, where directed by the Engineer, the Contractor shall furnish competent fl.agpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic and at the end of each days work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems. The Contractor may be required to cover certain signs which regulate or direct public traffic. The Engineer will determine which signs shall be covered. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. All streets and highways used by the Contractor shall be kept free of debris, dust and mud by the Cont rac tor. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Any proposed modifications shall be approved in writing by the Engineer. • Whenever a lane closure is made, the Contractor shall close the lane by placing flourescent traffic cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to pub lie traffic. .._ 1 Page 80 One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper. Whenever work is being performed adjacent to a lane carrying traffic, the edge of lane or edge of pavement shall be delineated by placing temporary portable delineators adjacent thereto. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices. Full compensation for furnishing, placing, maintaining, replacing and removing construction signing, barricades, delineators and traffic cones; for covering signs as directed by the Engineer; and for furnishing flagpersons shall be considered as included in the various contract items of work involved and no separate payment will be made therefor. 12. Pus t Control: The Contractor shall furnish a water supply vehicle on the job site. The Contractor shall apply water in the amounts and at the intervals as directed by the Engineer. The water supply vehicle and an operator shall be available upon a reasonable notice as determined by the Engineer for after-hour, weekend, or holiday dust control work. If the Contractor is not available for dust control measures, the City will arrange for the work to be performed by others and will deduct all equipment, labor and material costs thereof from the contract amount. 13. Notification To Residents and Property Owners: It shall be the responsibility of the Contractor to notify in writing all property owners and residents along any street closed to traffic at last 24 hours prior to closure. Page 81 14. Protection, Restoration and Cleanup of Existing Improvements; The Contractor shall be responsible for the protection, restoration or replacement of any improvements existing on public or private property at the start of work or placed there during the progress of work and not specified or shown on the plans to be permanently removed. Existing improvements shall include, but are not limited to curbs, gutters, cross gutters, shrubs and fences. All existing improvements shall be re- constructed to equal or better the existing improvements removed or damaged. The Contractor shall select his/her equipment with a view of minimizing the damage to street. The equipment or the type of construction method used which tends to inflict unnecessary damage to the street, in the judgement of the Engineer, may be ordered discontinued unless the Contractor demonstrates, to the satisfaction of the Engineer, that modifications to his/her methods or equipment will not inflict unnecessary damage to the street. In submitting a bid, the Contractor will be deemed to have care- fully examined the site of the work and to have become acquainted with all conditions relating to the protection and restoration of existing improvements. The City does not guarantee that all improvements are shown on the plans and it shall be the Contractor's responsiblity to provide in the bid for the protection and restoration of all existing improvements except those otherwise specified herein. All curbs, gutters, shall be removed and replaced to the next joint or scoring line beyond the actually damaged or broken sections; or in the event that joints or scoring lines do not exist or are three or more feet from the removed or damaged section, the damaged portions shall be removed and reconstructed to neat, plane faces. Page 82 All new concrete shall match, as nearly as possible, the appearance of adjacent concrete improvements. Dumping or storage of materials or storage of equipment in public rights-of-way or private property requiring subsequent cleanup shall not be permitted unless written permission is secured from the agency having jurisdiction or owner of the property and submitted to the Engineer and approved. All costs involved in protection, restoration and cleanup of existing improvements shall be included in other items of work. 15. Storage of Material in Public Streets and Alleys No materials shall be stored in public sidewalks, driveways, parking lots and alleys. No material shall be stored other than those where the waterline is to be constructed as part of this contract, and then only within the limits of the construction. All cost involved to comply with the above requirements shall be included in the prices bid ft>r various items of work, and no separate payments will be made. 16 . Utilities Utilities for the purpose of these specifications shall be considered as including, but not limited to, pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) and those of private industry, business or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, street lighting and traffic signal systems. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to located and indicate on the plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all utilities and their service connections. The Contractor shall make his own investigation as to the location, type, kind of materials, age and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition he shall notify the City as to any utility, appurtenances and service connections located which have been incorrectly shown on or omitted from the plans. Page 83 17. Preparation of Sub-Base After the existing paved section, debris and deleterious material is removed from the parking lot, the exposed surface soil should be removed, brought to optimum moisture level and mechanically recompacted to 90 percent of the optimum moisture, Removal and recompaction will be closely inspected, tested and approved by the City Engineer. All costs for soil preparation including the mechanical com- paction shall be included in the price bid for grading.