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HomeMy WebLinkAboutHONEYWELL, INC - 1979-11-19R.l•„� o,ipnel.na ch►w +pies as — sOriutb�: eonwledea aerttfkelr r. lol —',lases:inn Oent. Yellow CERTIFICATE OF INSURANCE Ahw A owl yobs.w— Rnk Msoecer City of Hw dnpon aaadn . y r Attorney ►i_y perk OW._('.i5y r1 nark 1- Off ice CITY OF HUNTINGTON REACH. CALIFORNIA ON/ — Cky Amway P. O. am truce seeelgwa both, CoWerals BMib A MUNICIPAL CORPORATION This b io erWy "w polNoes of imura ce w dewAbed boom low been hawed to the imured by the under• ""d and are in face at this tMN. M these 9"a we eenne 11 cl or dw%od in euldn a manna that will effect this certificate. the insurance company Nnw r #we 30 days Misr uwitte n notice, by wall. to City of Hwnw*on Reach. P. 0. Box 190. Huntington Beach, California 92MB. Name of Addnm of Inwnd 22 m Location of kwwd Opentiom GOLOO MEST, EDWARDS, NEWIAND pNpiMjgnef TNSTAT.T._OW T aFFI C�GNA& idOD_T_FI ATTON OF STGNTNC. & CT TPTtM: (STEINY JOB () 8608) FOIICB MM 11 IMMT{ OF LI W LITy EpgC?IVE /I(MRATION A, waken Compensation TWIM 7/1/80 7/1/81 SOW" E-ployen' LMbiBty Epp 1 +Hp6— S i nnn�nnn pry___ 0. Public U&NNtyo ldrbbad eel je • S`t00.000 cagoal omit por omurroec& Injury: Me neieaulms and Cattr.elers ❑ S Bork Now ibatpho - I Ve tlelonl ❑ S�_.EednAoddent . (Including p►oducn mw~ openoioml Prepnty Oatlop $ • Each Accident C. Automobile Liability: BONY hujwy $ 0gash Palo" $ • Seek Aeoidw►t Property Damp B • Eoeit Accident Door policy cove.: AN owned wwmobiMc Non•oMwad autemebiee Hhd.wom.bNu Iprw dta.k at No and ( )Y" ( )me 1 1 Yea ( 1 No 1 I Yell ( I me O. Additional ktwned Badwcemaat: The bnwer crew OM w Cky of Thastigiodn Read) and Its Cky OcunoN, &Wlw all City CVJNW appointed Voups, eo--ktess. samsele0a W bards and coy SOW City Oouwall appointed body, endlor Wool" and appointive swim . IS '" a arllptayM/ d w City of 1b-tiRO OR Rcaek, vrI L ectwq w wall we addhiowal imwds h rauwier. for *0 tow o/ w bleord, end cub bwureaaa shall be pleas I a ewy bwwanae of *a City of H w*W4Pm 11111111011. E. Hang "Wallace Apesenewt. M bwwod: The halved qew a p(atlM. Mhrld, bide -ally end me herndew the Cky of Huntington Reed( apirm low damep or "pease by rosele of any milk debar. deans I. judSmrrb and aeuar of action caused by inwred, kb emploria, epaa or nay wlkaaaeraMo N by any Mid party orMq aced of or in a wle"we ce of to performance of all or my op redoes aww" by w a.wlcaas of bmtwce P. Rom" AP►ROVEO AS TO POM GAIL MUTTON Cull Attorney vAJe6 WW tlet as called, 1-4 Youran" .Jford'd by lne pdidda Meted On a t ertbicate ie wbi°ct to CI the tarms cf such poNcb b Deputy Cky AtrrMy •� Dais JTMv...I t_dwte jsInL -aN, AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY IA _ MIRMANCi 1?00a1ANYy Name TU TitAVWARS INDpMM CO • e es Aunr►yd Rso►aewuattiNAsrr Adlsaa 3600 WILSHIRE UM. � 6330 SAN VICMM BLVD., IA. 90048 Cky Tdspbww 213-937-7160 �. City A ov, P.O. BOX February 20, 1980 of Huntington Beach 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK Honeywell, Inc. Traffic Management Center 5121 Winnetka Avenue New Hope, Minnesota 55428 Gentlemen: Enclosed is an executed copy of the contract with the City of Huntington Beach for the furnishing of traffic controllers to be used at the inter- sections of Goldenwest/Ellis, Goldenwest/Palm, Edwards/Slater and Newland/ Atlanta - Project CC-462, CC-493, CC-448 (Phase II) and CC-448 (Phase II), in said City of Huntington Beach. Also enclosed is your Bid Bond which was submitted with your proposal. Sincerely yours, Alicia M. Wentworth City Clerk AMW:bt Enclosures REQUEST FOR CITY COUNCIL ACTION Submitted by Paul E. Cook) E-C Department Public Works Date Prepared February 19 , 1980 Backup Material Attached Ea Yes No Subject Oil Lines East Side of Goldenwest at Ellis; -462 City Administrator's Comments tl A 3� �`3 ,/0IX Approve as recommended Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: Field investigations have shown that existing oil lines are located along the east side of Goldenwest at Ellis. The street cannot be widened as approved in conjunction with the installation of traffic signals at this intersection unless the oil lines are relocated. Recannendation : Reduce Efii amount of widening along the east side of Goldenwest so that that the oil lines are not affected by this project. Analysis: A contract has been awarded to Steiny and Co. for the widening of Goldenwest and Ellis and the installation of traffic signals at this interesction. The widening includes curb and gutter on Goldenwest for approximately 200 feet on each side of Ellis. The contractor discovered during field investigations that Chevron Oil Co. lines were located at a depth which would not allow this amount of widening without lowering these oil lines. It is the City Attorney's opinion that the City must bear the cost of this relocation be- cause the oil lines were originally installed outside of the public right-of-way and;Chevron Oil Co. has prior rights in relation to the additional right-of-way which has been acquired and the widening which is to take place. Public Works staff had been informed during the design stages of this project that the oil lines existed but were not told of their shallow depth. Discussions with Chevron Oil Co. indicate that it would cost $67,000 to lower these lines. The alternative would be to reduce the amount of widening so that the oil lines would not be affected. The attached plan shows that left -turn pockets as well as bicycle lanes can be provided with less widening. A reduction in the amount of widening and the deletion of the curb and gutter will result in a reduction of the cost of the contract. The exact amount of the savings will be determined through negotiations with the contractor if the City Council approves this concept. Alternative: Relocate the oil lines at an estimated cost to the City of $67,000.00. Funding Source: No additional funds are required for the recommended action. PEC:jy Pio sra GOLDENWE51 S 1 KEE 1 AT � ELLIS AVENUE E LLIS r I � cn i,� i rFa vcmuva � I U X W 5' I 0 10' 1 10 10. 10' 5' ULTI MA w w W �� z zLLJ CURB � Q Q -� Q. Q J O W W : W W 0 U U ~ U U cn U = = LL 2 2 U a a > � > UJ > a NOT TO SCALE r z w 2 LJ U I ' a NN x SCALE: 1 60' U 24' EXIST. R/W 30' OVE PA�_ENT 8, O NSTRUCT." AVENUE M f 1, NSTR IT. ADDITIONAL PAVEMENT 1 24' EXIST. R/W 1 i _3d I _3' EXIST. SLOPE EASEMENT. S.Y . FEB. 191, 1960 �"iff CITY OF HUNTINOTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Paul E. Cook From Ralph R. Leyva Director of Public Works Traffic Engineer Subject Goldenwest & Ellis Date February 13, 1980 Traffic Signal Based on the information on the attached report, it is recommended that the widening be reduced to preclude the lowering of the oil lines, but install sufficient pavement to provide left -turn lanes on Goldenwest Street. The relocation of the oil lines can be included in a larger future project which would include other funding sources to minimize the impact on the use of City Gas Tax Funds. However, if the Council wishes to relocate the oil lines at this time, the following funding will be required: Allocated for CC 462 Current contract costs Available to relocate lines Cost to relocate oil lines Less available funds Additional funds needed (Gas Tax or reserves) RRL:ek $140,000 109,300 30,900 $67,000 to $83,000 $30,700 $36,300 to $52,300 Lim CITY OF HUNT1TON BEACH LOLM INTER -DEPARTMENT COMMUNICATION HUNnHcWM PEACH To Ralph Leyva From Bruce Gilmer ZA�7 Traffic Engineer C. E. Assistant Subject CC 462 GOLDENWEST AT ELLIS Date February 12, 1980 ALTERNATIVE SIGNALIZATION PLAN We have held discussions with Chevron Oil Company regarding the lowering of existing pipe facilities at the subject intersection. As you are aware, the cost of this relocation would be borne by the city and would be necessary if the widening as originally proposed were to take place. We have received from Chevron a tentative price of $83,000 for relocation of these lines. That amount can be reduced to $78,000 if sand,can partially substitute for slurry backfill. A further reduction of $11,000, or a price of $67,000 would apply if the old lines were abandoned in place. Since funds may not be readily available for this relocation, you wish to propose an alternative plan whereby a sufficient amount of road widening would be done to create left turn pockets at the intersection and install the necessary signalization at the same time. tinder this alternative proposal, the traffic signal poles would be located at the proposed ultimate location wherever right-of-way exists for that purpose. Conduits would be installed as shown on the current construction plans. The construction of new curb and gutter would be eliminated from the project, as would a substantial amount of paving. We would also add some additional paving on the east side of Goldenwest Street to obtain a desirable overall width of 64 feet from edge of pavement to edge of pavement. We would then propose to install the necessary lane lines and edge of pavement markings to give left turn lanes in each direction, two travel lanes and approximately five feet of shoulder area which could be used by cyclists, pedestrians and others. This alternative eliminates the need to relocate the pipes at this time. We would also propose to proceed with the application for FAU Funding of a widening project on Goldenwest Street between Rio Vista and Garfield Avenue. This application should be submitted as soon as we can reasonably project the need (considering a lead time of approximately one to two years). I recommend that an immediate application be made for this project, with the intent that it be placed on the next TIP or on the current TIP at the time of amendment. If the alternative of not relocating the pipes is chosen, it will be necessary to prepare the alternative plan, the necessary change orders and negotiate with the contractor for the necessary credits on the contract. At this time we have no estimate of the savings to the contract; however, because of the substantial change in the lump sum status of the street construction item, some negotiation may be necessary on that part of the contract change order. We will advise you of this as it progresses. r I recommend we consider the alternative construction proposals and fund the relocation if possible. The development of this area is not far off, and having the road improvements in will be a starting point which can be expanded upon by the developers. The City will pay for the road improvements along the park frontage in any event, and those costs will only rise as time passes. It is possible that by the time the approval is received to do an F.A.U. project, our share of the cost to lower the lines would equal our cost to do it now. RL:BG:sh !�#fit CITY OF HILMTINts' '100 1 BEACH INTER -DEPARTMENT COMMUNICATION HUNnNGTON BEACH To GEORGE TINDALL From GAIL HUTTON City Engineer City Attorney Subject STANDARD OIL GRANT AND Date January 31, 1980 PRIOR RIGHTS RE GOLDENWEST STREET I have reviewed the attached right -.of -way documents which gave to Standard Oil Company the right to lay certain pipe- lines along the property over which Goldenwest Street will be improved. This document sold to Standard Oil, a private entity, an easement (private property right) across the owner's land. Therefore, the situation is such that we have a private entity with a private property right which the city wishes to "take" (i.e., cause oil pipeline to be relocated) for a public purpose, street improvement. This constitutes a compensable taking within the provisions of Article 1, Section 14 of the Cali- fornia Constitution by its interference with a recognized right in property, although Standard's title and possession remain unchanged. McQuillan Mun.Corp. (3rd Ed.) §32.26. Huntington Beach Municipal Code §3.44.500 is not applicable in this situation as that section applies where the city has granted a franchise to some party in order that the party may provide some service or utility to the public. In California, and most other jurisdictions, a franchise is.a grant to a public service company of the right to use streets or pipes, etc., to supply a service for hire. McQuillan Mun.Corp. (3rd Ed.) §34.07. Therefore, the easement sold to Standard Oil establishes their right to use the property in the manner it is used; and, accord- ingly, the city will have to reimburse Standard Oil Company for the cost of relocating their pipelines when improving Goldenwest Street, as it amounts to a compensable taking of private property. Los Angeles County v. Wright, et al. (1951) 107 CA2d 235, 236, .22d�d92. %�. .4 4t"� GAIL HUTTON City At orney GH : CM s RECEIVED cc: aul E. Cook, Director Public Works oXtYr. oR PUBLIC WORKS Bruce Gilmer, Public Works Dept, FEB 2 2 1980 HuWrmaraR CA4lg f Honeywell PHI LIP S. PAU L Manager City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, California 92648 Subject: Contract CC-462, 493 & 448 (Phase II) C-448 (Phase II) , Gentlemen: 8 February 1980 Honeywell RFQ No. LP110579CAl Enclosed are four (4) copies of the subject contract for the City of Huntington Beach, California, a Labor and Materials Bond equal to 50% and Performance Bond in the amount of 100% of the contract value and Certificate of Insurance which have been signed and executed by Honeywell Inc. Please accept our apology for the delay in returning these documents. Honeywell's Traffic Management Center branch operations located in Orange,. California, were transferred in mid -December to our Home Office. The contracts were then forwarded here for review and acceptance. Honeywell has appointed a local distributor, Control Traffic Corporation located at 2215 S. Grand Avenue, Santa Ana, California. They will be responsible for providing local support of the equipment to be furnished under this contract. Please feel free to call Mr. John Lee.at 714/979-9108 for any questions or problems you have regarding this job. We look forward to serving the City of Huntington Beach. If I can be of further assistance, please contact me at the address listed below. Sincerely, HON )WELL INC. P'hi 1 i p S. Paul Manag,.er Traffic Management Center PSP:cb Enclosures TRAFFIC MANAGEMENT CENTER HONEYWELL INC., 5121 WINNETKA AVENUE, NEW HOPE, MINNESOTA 55428, TELEPHONE 612/536-3100 RESOLUTION FOR THE BOARD OF DIRECTORS HONEYWELL INC. I, R.C. Becker, do hereby certify that I am a duly elected and qualified Attesting Secretary of Honeywell Inc., a corporation organized and existing under and by the virtue of the laws of the State of Delaware, and that the following is a true and correct copy of a certain resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the law and the bylaws of said corporation at the offices of the company, Honeywell Plaza, Minneapolis, Minnesota, on the 16th day of November 1976, and that such resolution is now in full force and effect. XXIII. Traffic Management Center RESOLVED, That each individual serving in any position of the Company's Traffic Management Center listed below is authorized to sign on behalf of the Company any instrument relating to, issued or required in connection with, the sale or lease of products or services of such Center except (1) a guaranty of the obligation of a third party, (2) an instrument relating to any banking or borrowing transaction by the Company, (3) a lease of a branch sales office, (4) any other lease of real property involving a total commitment in excess of $25,000, and (5) a deed, mortgage, contract or other instrument for the conveyance, or purchase, of any inter- est in real property. Manager, Traffic Management Center I do further certify that Mr. Philip S. Paul is currently Manager of the Traffic Management Center of Honeywell Inc., and that pursuant to the above Resolution of the Board of Directors, Mr. Philip S. Paul is autho- rized to sign instruments on behalf of the Company as described therein. IN WITNESS WHEREOF, I have affixed my name as Attesting Secretary and have caused the corporate seal of this corporation to be hereunto affixed this 25th day of January , 1980 . R.C. Becker Attesting Secretary (Corporate Seal) Return original and three copies of Distribution: Original completed certificate to: CERTIFICATE OF INSURANCE After A pprovai Yellow — Originating Dept. Yellow —Risk now City of Huntington Beach TO BY City Attorney Pink — City Clerk Dept. Gold — City Attorney P. o. Box 190 CITY OF HUNTINGTON BEACH, CALIFORNIA Huntington Beach, California 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Name of Insured HONEYWELL INC. Address of Insured Honeywell Plaza, Minneapolis, MN 55408 Location of Work or Operations to be performed Supplying traffic signal controllers to be used at the Description of Work or Operations intersections of Goldenwest/Ellis, Goldenwest/Palm, Edwards/Slater and Newland/Atlanta in the City of Huntington Beach, Project POLICIES IN FORCE POLICY NUMBER LIMITS OF LIABILITY EFFECTIVE EXPIRATION A, Workers Compensation Statutory Emplovers' Liability $ (where a ieablel B. Public Liability: j(}QB� combined single Bodily Injury: limit per occurrence. Manufacturers and Contractors El 31AL619- 7-1-77 7-1-80 $ Each Person 2814SCA Comprehensive General ® $ * Each Accident (Including products completed operations) Property Damage $ * Each Accident C. Automobile Liability: 1000000 Combined Single Lim ,, (whereapplicable) 37AL192 7-1-77 7-1-80 Bodily Injury 815SCA $ * Each Person a $ * Each Accident Property Damage $ * Each Accident Does policy cover: (Please check at least one) All owned automobiles ( X) Yes ( ) No Non -owned automobiles ( X) Yes ( 1 No Hired automobiles ( X) Yes ( 1 No At least one box most be checked YES if automobile insurance applies. D. Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all.City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntin each, when acting as sucp are additional insureds hereunder, for the acts of the insured, and such insurance sho-li—eprimiRy to any insurancCity of Huntington Beach. CC-462, it i General Manager E. Hold Harmless Agreement: By Insured: TitleTraffic Mgmt. Center Phi ice S. PauZe (signature) ( p� The insured agrees to protect, defend, indemnify and harmless the City of Huntington Beach against loss, damage or _ expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. Not withstanding any requirement, term, or condition of any contract or other docu- ment with respect to which this certificate or verification of insurance may be issued c4 may pertain, the insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies. A G Ci Date January 23. 1980 AUTHORIZED REPRESENTATIV OF 1 RANCE COMPANY INSURANCE COMPANY By Name Aetna Casualty & Surety Signature'of Authorizl,d epresentative/Agent Alexander &•Alexander Inc. Address Address p 0 _ gnx 1360 , Minneapolis. MN 55440 City Hartford, Connecticut Telephone (612) 542-3000 THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS NUMBER_____-95?------ OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT TO SELF -INSURE THIS IS TO CERTIFY, That__--lfIm4F-4POLIS-HCI&'nIELL PMUL.STCR CCLIFINy (a Delaware corporation) has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self -Insure. This certificate may be revoked at any time for good cause shown.* DATED AT SACRAMENTO, CALIFORNIA. 61 THIS 1st DAY OF JulyJulyt/ ATTEST: Surervisor Self -Insurance DEPARTMENT OF INDUSTRIAL RELATIONS OF THE STATE OF CALIFORNIA, Disk Revocation of Certificate. —"A certificate of consent to self -insure may be revoked by the Director of Industrial Relations at any tisise for good cause after a haring. Good cause includes, among other things, the impairment of the solvency of such employer, the inability of the employer to fulfill his obligations, or the practice by such employer or his agent in charge of the administration of obligations under this division of any of the following: (a) Habitually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due; (b) Discharging his compensation obligations in a dishonest manner; (c) Discharging his compensation obligations in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of Labor Code.) r op.M NO 9. alas 0-u am a7611 toW,ee ernes City of Huntington ]Beach P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 27, 1979 Honeywell, Inc. 505 S. Main Orange, CA. 92668 Gentlemen: We are transmitting four (4) copies of a contract for the supplying of traffic signal controllers to be used at the intersections of Goldenwest/Ellis, Golden- west/Palm, Edwards/Slater and Newland/Atlanta in the City of Huntington Beach, Project CC-462, CC-493, CC-448 (Phase II) and CC-448 (Phase II). The contract Was awarded to your firm at the regular meeting of the City Council held Monday, November 19, 1979. Will you kindly execute the contracts and have all signatures notarized on all copies and return to this office, together with the:Labor and.Materials Bond equal to fifty percent (50%) and Performance Bond in the amount of one hundred percent (100%) of the contract price. A guarantee for the project shall be furnished to the City and may be included as part of the Faithful Performance Bond. There shall be express wording in the Performance Bond if such bond includes the guarantee or warranty of the Labor and Materials for a one year period commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee and warranty period. Also enclosed are two sets of a Certificate of Insurance in quadruplicate. This insurance form is the only one that will be accepted by the City of Huntington Beach. Please return one set with the bonds and executed contract. Following approval of the bonds and insurance, the City will execute the contract and return a copy to you. Sincerely, Alicia M. Wentworth City Clerk AP1W : bt Enclosures REQUEST FOR CITY COUNCIL ACTION Paul E. Cook, Director Public Works Submitted by department Date Prepared November 9 , 19 79 Backup Material Attached 0 yes a No Subject CC 448(II) - Edwards St. at Slater Ave.; Newland St. at Atlanta Ave.; CC 462 - Goldenwest St. at Ellis Ave.; CC 493 - Goldenwest St. at Palm Ave. Traffic Signal Controllers. City Administrator's Comments Approve as recommended 'APPRZV D BY CITY COUNCIL nLa._....1 CITY CLE= Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: B Statement: Bids been received for supplying traffic signal controllers to be used at the intersections of: 1. Goldenwest St. at Ellis Ave. 2. Goldenwest St. at Palm Ave. 3. Edwards St. at Slater Ave. 4. Newland St. at Atlanta Ave. Recarmendation: Accept the bid of Honeywll, Inc. in the wDunt of $61,200. This was the only bid received. Authorize the execution of the contract by the Mayor and the City Clerk. Anal is : Bids opened on Thursday, November 8, 1979, for the work described. The bid received was from Honeywell, Inc. for 4 locations at $15,300 each. Total cost $61,200. The Engineer's Estimate was $60,000. The contract for supplying traffic signal con- trollers was bid separately from the remaining work in order to minimize the time of delivery and to receive a favorable bid based on quantity. Alternative Action: Reject the b received and re -advertise the materials. This action will delay delivery of the controllers and consequently delay caripleting the traffic signal projects for which they are purchased. The delay is estimated to be six (6) weeks. Funding Source: Funding is from Gas Tax Funds. All projects were listed in the 1978-79 or 179-80 Capital Improvement Program. PEC:RRL:BHG:ek P10 3178 41 AMENDMENTS rlaNr[a urr Oman" Cot#JCL � I - P/POJECT LOCATION CITY OF HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA E r 493 CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS ADOPTED BY CITY COUNCIL RESOLUTION NQ 4368 — DEC.12,1976 LEGEND: 6m FREEWAY STREET CAPACITY MAJOR. _45.000 . PRIMARY_ _30.000 - SECONDARY —2Q000 NOTE: SOLID LINES INDICATE EXISTING RIGHT OF WAY NOT NECESSARILY ULTIMATE RIGHT 'OF WAY DASHED LINES INDICATE AREAS WHERE NO RIGHT OF WAY EXISTS C#W 3N THE Superior Court ')F THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACHs CITY CLERK State of California ) County of Orange )ss- Rita J. Richter That I am and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that I am not a party to, nor interested in the above entitled matter; that I am the principal clerk of the printer of the Huntington Beach Independent Review a newspaper of general circulation, published in the City of Huntington Beach County of Orange and which newspaper is published for the disemmation of local news and intelligence of a general charac- ter, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and pub- lished at regular intervals in the said County of Orange for a period exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper, and not in any supplement thereof, on the following dates, to wit: October 25, November 1, 1979 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Garden Grove Datedat........................�,.............. Californians t- .. dayIP v emb e4' I9. - Signature PROOF OF PUBLICATION Notice Inviting Bids CC-448-462-493 of Notice is lrorebx given tk+t the City q California will rats ve sealed bid for tfie f following Ipteieeo,ons: CC-482 Ijtrest at PeiM CC-448 Pheae II1� sow at Street at Atlanta, in the city of Huntington Beech, Cafifernk - ppfan� and a e�riations ands prorpia� on rile in ecctor a Public Wwka IMcuipeate vrfll he avail�blgqr�(p Oc6oFe r�A ahyge of 0 not wings. ebk, wilt be raguired for salt sit of tied pecompea drawings. Aft 'Vart iqs 1"OR O)r P I. Traffic S' analririet esmpkle for Goldenwe loreet at - d C(el6i L.S. 2. Traffic 84PW Controller and cabinet complete for Goldenwest at,Palm; CC.da3• L S, m__m_�,__. . , __ nawera attest at Slater, c �44a Phlwe 1!. r L S. 4. TrafficSignal CoatrolleF snit ►net som a ier" Newland Street at Atlanta; CC-448-Phase 11. L In accordance with the provision& of Section 1773 of the Labor Code, the Sttaile of California, Director of the Department of Jndi��RFkliaty atultl determine the general prevailing rate of wages, appilleabfe fu tlar to let rune; copies of the latent general wage rate determinations are aw filed t,� office of.the City Clerk and rule office of the Director of Public Works of the city at Huntington Belch, California. Plans and specifications, with po�a1 fergi, y be red it the office of the Director of Public Works, city" 1 t nund4tltalr �Ii emia. � No bid will be received psieep it is mass an t MMik Director of Public Works The epae�al attention of prospieotitie�e is heed so* proposal requirements, set forth in the specifications, for fuU dito the bidding. The foregoing q=tim are approximate only �StoB givep as a basis for the comparison qi bido .snd the-glty of Huntington fe. ilees W "press at by impheatiom agree gyrt the .stoat amount of work' tlwewith h�pmt reserves the right to mereasai or decrease the amount' >�s peitioq of ►he work, as may be deemed rieressary or expedient by the Darertor of ilbltc W All bide will be compared on the basis of the Dire&" cif, live of the quantities of work to be done. No bid will be accepted from a contractor who is n4- the law, under the provisions of Chapter 791, Statutigi `of t or Chapter 17, Statutes of 1939, as amended, or to whom a proposal form hea *at issued by the city of Huntington Beach. Each bid shell be made out � api a form to be obtained . the, ni Public be sea Development W' Mir Main St ti�ta�nd nia; shell be seated and filed aith the CI Clerk at tke Administration Building, 20M Main Street, Hurtingtop or before 20 PAL of November 8,1970. and &hall be opened �y a oapmi of the City Clerk, the City Attorney and Dived.pf Public 1Krarlgr ar t14ptthafigrd representative and the results of said bidd' will be repwW tp the 0 y-( of said city of Huntington Beach at their meeting to be hell on -Malley �e 19th of November, 1979, at the hour of 7.30 P.M. in the City CWI D t7 Chambers ' the Civic Center of said city of Huntington Beach, and sb*,,bs a4t0d upog lty sdiqIfty Council at the of November 19, IM Tba of Calif!al the right to reject airy a aM bide for t6ed�ittrt of the city of HuntirrRtee ,;.beach, y Ifornie. w * fly order of the City Council of the city of Huntington Beech, Cablornis J* Scut �r 4,1979. ATTAj,ICIA TMTWORTH All Cler Pub, Oct. 25, Nov. 1,1979 Hunt. Beach Ind. Rev. #10059 Form No. CAF-6579 // ( 4 CHUBB & SON INC. cHUE3B Manager 51 John F. Kennedy Parkway, Short Hills. New Jersey 07078 Bond No. 8080-71-8o FEDERAL INSURANCE COMPANY PERFORMANCE BOND Know 4iII Men by these Presents, That we, HONEYWELL INC Minneapolis, Minnesota Amount $ 61, 200.00 (hereinafter called the "Principal"), as Principal, and the FEDERAL INSYRANCE COMPANY, of Short Hills, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called the "Obligee"), in the sum of SIXTY ONE THOUSAND TWO HUNDRED AND N0/100------------------------------ Dollars ($ 1,200.00 _), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals and dated this 25th day of January , A. D. nineteen hundred and eighty THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated November 19 , 18 79 for supplying of traffic signal controllers to be used at the intersections of Goldenwest/Ellis, Goldenwest/Palm, Edwards/Slater and Newland/Atlanta in the City of Huntington Beach in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. APPROVED AS TO FORM! GAIL HUTTON City A orn By: Deputy City Attornef HONEYWELL INC. Principal By a`J/L A.D. Brosius - Director Corporate Insurance 9 Risk Management FEDERAL INSURANCE COMPANY By W=,q -'-0' C61, — H len F. Wheeler, Attorney -in -fact, And o.,wrre Form 12020 Rev. 7-61 C-141 �•� h FEDERAL INSURANCE COMPANY s$ CHUBB & SON INC., Manager 90John St., New York, N.Y. 10038 0 0 PAYMENT BOND Bond No ...... 8080-117- 8282m117.0 ................ Amount$...30.,16.RO..,.Q0............ ........ Inom All Tien ly 14eoe Freoentot That we, HONEYWELL INC. Minneapolis, Minnesota as PRINCIPAL, and FEDERAL INSURANCE COMPANY, 90 John Street, New York, N. Y., a corporation organized and existing under the laws of the State of New Jersey, as SURETY, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA hereinafter called the OBLIGEE, in the penal sum of THIRTY THOUSAND SIX HUNDRED AND N0/100---- -------------------------------------------------------- 30,600.00 ($ )DOLLARS, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated November 19 19 79 for supplying of traffic signal controllers to be used at the intersection of Goldenwest/Ellis, Goldenwest/Palm, Edwards/Slater and Newland/Atlanta in the City of Huntington Beach in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, if the Principal shall pay all lawful claims of sub -contractors, materialmen, or laborers for labor performed or materials furnished directly to the Principal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub -contractor, materialman or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect. Sealed with our seals and dated this 25th A. D. nineteen hundred and eighty APPROVED A3 TO FORM: GAIL HUT N City A or' By: D©puty City Attorney day of January HONEYWELL INC. By: A.D. Brosius - Director Corporate Insurance & Risk Management FEDERAL INSURANCE COMPANY By:....... ............. .......Aen .. .. ..................................... H F. Wheeler, Attorney -in- ac And: Form 12120-F (Rev. 6.66) J-4247 (SM) Certified Copy of POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint W. J. Creedcn, Jr., Earl R. Larson, Helen F. Wheeler, Kathleen A. St. Hilaire, Richard G. Donovan, Jr. and Patricia A. Harman of Minneapolis, Minnesota - each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 78 STATE OF NEW JERSEY ss: County of Essex FEDERAL INSURANCE COMPANY By George McClellan Assistant Vice -President Richard D. O'Connor ' Assistant Secretary On this 1st day of January 19 78, before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and -knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. GSA Ry` r p 9i1, WARY * PUBLIC JVVt Form 21-10-238 (Ed. 2.78)(General) Acknowledged and Sworn to before me on the date above written. Notary Public 4�r/ PATRICIA RYAN NOTARY PUBLIC OF NEIN JERSEY My Commission Expires Dezember 11, 19 78 R-05703 (20M) v�.'a SHORT HILLS, N.J } ss. County of Essex 1 I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By -Law is in full force and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond. undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an Assistant Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF' ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said. Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings. etc.. permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N.J., this _day of January 198o Assistant Secret ry I, S. Ueland, do hereby certify that I are th; duly elected and qualified Secretary of Honeywell Inc., a corporation organized and existing under and by virtue of the laws of the State of Delaware, and that the following is a true and ::orrect copy of a resolution duly adopted pursuant to authc:rity granted at a meeting of the Board of Directors tii:reof, convened and held in accordance with the law acid the by-laws of said corpora- tion, at the offices of the Company, Honeywell Plaza, Minneapolis, Minnesota, on the 16th day of November, 1976, and that such resolution is now in full force ar.! effect: VIII. Insurance RESOLVED, That the Director of Corporate Insu=:!n:. and Risk Management is authorized to execute on behalf of the Company mny instrument relating to, issued or recuirAd in connection with, (1) insurance riders and endorsements pertaining to emi loyee group insurance, (2) surety bonds in which the Company acts as principal, (3) docu.^,ents filed with the U.S. Department of Labor under the Employee Re- tirement Income Security Act of 1974, (4) State TCork=en's Compensation reports, including commitments to pay all legal liabilities under state laws authorizing self-insurance by the Company, (5) releases for recovery for damages sus'-:!inc:? by the Company, and (6) guarantees of financial responsi- bility for physical damage to automobiles covered undo_ t-.2 Company's insurance program. IN WITNESS wIIL'REOF, I have affixed my na as Secretary and have caused the corporate seal of this corporation to be hereunto affixed this 1st day of May, 1979. 0%`�•y`= ref Secretary At wiedgment for Annexed Instrument STATE OF Minnesota COUNTY OF Anoka I ss.' On this ...... Ul day of .....January ............................. 19.80......... , before me personally came ................................ Helen F . ...Whee.ler,,,,,,,,,,,,,,,,,,,,, .......... who, being by me duly sworn, did depose and say that he is an Attorney -in- ......................... . Fact of the FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that -he signed said Instrument as an Attorney -in -Fact of said Company by like authority. My Commission Expires s f�.., KATHLEEN A. St. HILAIRE NOTARY PUBLIC - MINNESOTA ,q.N014A..COUNSY............... d r•••' My Commission Expires May 9, 1986 AyV Acknowledged and Sworn to before me on the date above written. (Notary Public) p111NTlO Form 21-10-103 (Rev, 4-63) (Formerly 12085 F) R-03603 (10M) ;462, 493 & 448 (Phase II) CC-448 (Phase II) C O N T R A C T THIS AGREEMENT, made and entered into as of the lath day of November , 197_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as THE CITY, and HONEYWELL INC hereinafter referred to as THE CONTRACTOR. W I T N E S S E T H WHEREAS, in accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations, shall determine the general prevailing rate of wages, applicable to the work covered by the contract; copies of the latest General Prevailing Wage Determinations are on file in the office of the City Clerk and made a part hereof. The supplementary conditions attached hereto are part of this contract. WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and provided, duly and regularly caused a notice to be published, calling for bids for labor, material, tools and equipment for the supplying of traffic controllers at the following: CC 462 - Goldenwest St. at Ellis Ave. CC 493 - Goldenwest St. at Palm Ave. CC 448 (II) - Edwards St. at Slater Ave. CC 448 (II) - Newland St. at Atlanta Ave. in said City of Huntington Beach, California, said work to be constructed according to plans, specifications, general requirements, and special provisions for same on file in the office of the Director of Public Works and adopted by the City Council of said City of Huntington Beach on the 4th day of September , 19 79 , to which said plans, specifications, general requirements, and special provisions reference is hereby made, and by such reference they are made a part of this contract as if herein set out in full; and WHEREAS, the City Council at a regular meeting thereof and at the time and place appointed therefore received the report of the results of the bids submitted by the respective bidders for the construction and completion of the above mentioned work, and after careful consideration of all bids submitted the City Council awarded the contract therefor to the CONTRACTOR therein named at the prices set forth in his bid, it being the lowest and best bid received by the said City Council. NOW, THEREFORE, in consideration of the convenants and agree- ments herein contained, being done and peformed by the parties hereto, it is hereby agreed as follows: I. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. II. Contractor agrees to receive and accept as full compensa- tion for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the unit prices con- tractor submitted in his proposal which was accepted by the City Council. A copy of said proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruc- tions which may arise or be encountered in the prosecution or the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance )f•work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the require- ments of the engineer under them. III. City agrees with the said Contractor to employ, and does hereby employ, the said contractor to provide the materials and to do the work according to the terms and conditions here'..n contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the general requirements and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the convenants herein contained for the contract bid amount of$61,200 which amount is subject to adjustment upward or downward dependent upon inplace quantity where applicable. IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance cf the said terms of said proposal conflicting herewith. V. Bid Bond. The Contractor further agrees that his proposal shall be accompanied by a bidder's security in an amount equal to ten percent (10%) of his bid in accordance with California Government Code Section 37931 et seq. VI. Performance Bond and Labor and Material Payment Bond. The contractor agrees to furnish, prior to the execution of the contract, bonds, covering the faithful performance of this contract and the payment of all obligations arising thereunder in such form and amount as the City may prescribe. VII. California Fair Employment Practice Act. The contractor agrees to utilize fair employment practices in accordance with California Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City has caused its name and seal to bei hereto annexed by its Mayor and City Clerk, thereto duly authorized and contractor has set his hand hereto, the day and year 'in this Agreement first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Dated: �r�,�1c .9,0 1!2go By ATTEST: APPROVED AS TO FORM City Clerk f City Attorney The Articles covered by this Contract must conform with the Safety Orders of the State of California, Division of Industrial Safety. I certify that I have read the Foregoing and will comply. Date 1/25/80 Contra for APPROVED AS TO 7=: GAIL HUTTON City Atto ey By: Deput C y Attorney HONEYWELL INC. Contractor's Legal Firm Name orporation Partnership, Co -partnership, Joint Venture, Individual or � � v Philip S. Paul General Manager Traffic Management Center Position or Title By Robert C. Becker Attesting Secretary Position or Title 71 j 1�42!i 'Lluvitt 11;tctir1Ac fitstitri,tWvt s l'(dit tti►T, F'b)►i%c;a 1litist III- rtixtrlt ti� tN crlittr,tc tt% 0" 111. 11 ,r i titrlifII I iaviS' 'lipc nit Actliti>vitiit>ttti: {, t► t'. i'.I Ill Af(tttrNi�"nr mwa r>s tit-A0. VtShat4r!n and laboriirs mn• �(:1 tt'rilr4ul,tiri�l'►ut twt7ttr Tar it;uu. ttl.�l'a(lt•ri) tri;.nip1, pj>y«3 or working tijirn the site of {rlt work, or osuler-the n1Jllq willt11,l441tO t',t sf. ttOw withl, it ttn!,3<tlu• con:F.0 for so tloitittl St.tia y Ilousin ,Act of 19,17 ptr unch•r that lfcrtwitig Art 'urut'h of il)t� +, tr{,+KI puArtiu:(nt• ryit itia�)rrty •aa >os ^ b+ xgfir.; �F Yam. t,t l9d!I in that i+on:SLrut'bkii; or t evt k,�tit mi r3af�tlyr lrro#e,�t �t3 i�1+'rt cT n' �, rty tit,�Triy l;r#stai�r r? # rtws l ri iifrludifie� - hr i)ait! tinriiiiclitinutll)y tit octt h'n +fflN(n txNiil oni1� 4vrnfii'tt ,a ;,i,idie•ttlitrs ;arn{ let fnr.^•. ran;)1•+yt tl lhr G'siutraCL(r: or :iq5' ,. - ant# wit how Ki�)Setitient a I1iKhtftittn`1ir fektt.e on an!• ,at'cnafiit. sitlit-owrai'tor+)n f1w %kwk Ow {t�ll'iFhtow t of'wagk..., mitaUrmt' trice#il such"payroll tit I.t;�io"s as ory pernuttael lr!_ �tiul�t ti!'#hr. contract. 1rr11.r,+ui•nt {)f-,-tit tic 1:t3 a.r I;il,r,rrrnr iisins isRuaKl liy the 'cnstary o i�Uf )r ii:nili rihn�t.+i nil Act t»i�?h;ir�#x: inrliit►re t-any' ,t) pa, !net, lr:airttw, era "ate rd r)r f Ct~It irart'3)), the full or arngunts (tie a! tirt3c iif fi,► mint : wirrki»f,.r,n th,�'*rtc of Ow . k nt.trttslar the f hnrltvf !:,atcs foim)utrd at wage rAlt s itot.frejr,>; tho thioi'ii cootainetf' fit, Q*, k l l.a,Haiul At7 trf l!Y.i� or untlrirlre It.'nr iitlt Ar t of t'f•t#i itn the waitr'1,141*iteeretary tit, # 'ilku tivitirli con• Irnw ion „r tT+}vr Ta+t tnt ;: „f tlrc ffrro}rx' , "'I' t.r y:.,; t of thr. 6Attached hi -TOO and ntatt at'#carthececif.rr,E#ri# ci=`stf�ttY wa1,i,a^r,thtitt•d by flzt• it,.trart. the (Afft'n,1) t;;;rv. aftt•r, contractual rtihr#iuti411Tfr which nt,iN 12e „tillrgtYl 4ri exist 1ao : w title a tu){,it t to t hti ('t)ntr;it'i+,r, ?;)on3i)r• al,lihc ant r' OWn,•r. twoJeWthe contrat`to 'AMO srfch aahcilrerR iti d tt i-Aanice, may It(. not estia ry,it) vAu"e•tl;+, ' thi _V�*ge determination tA^ iaion sh:nil he posted lny.tlie 4111- of all tit ilit, r p avftlat ati:,at r e, or",};ti frtitttiq• it( furor, until-: tutcit l at the Rite+ of (lit! work in a prominent place wncerr it " .ui�tr vr'nliitiiius lrrvi rlvt',1.. tan be eati,)y' >LCt)' lry thC, KiiCetis. Ilor 11ur {ltlr(n2'ir <!i C}iK f:f! 1'ol•r<.rtl. 4)itf l rrt, r+Caf►t��. ti 1`iryrrill4 ,tilt# fi:i;;c rt,- eWiNe. cnntrit►utfai Rs)'rnade or cogtit rraxanahly„#nt'ictjnattK! (rills rKlt7tiniS thrr+iaz r11ii ttaiii[bf.iinril titrx uF; tlur c.t,: +• ;tf,:. wutrt serttiort`I it,)t21, k the i.iat,X.4jnetln A#' on work iilid Ikeeservt c1 f rr �, )p•r,otit rrlf tlzrr'r ;y ( ttr% t rr.a ttt r: laborers or rom batiks are considefiet wat a'at pant tti"?Ruch 1:1., �tr riff # iln�t tr + anti mia ►r;itu ,r vr►ung tit aw, k f of t i ., .A•ork horcts or ti i^harries, stthjrct.- the ©visitrttx of 29 f#' (rrt)lntl4*r i#,r l'nfttti# ?tal*�' tiu*ttti Act,of 1t•+3' aJ w,-it, r (tie' 5.'ilalt.I){ivl. hl far the tt4 sscef tb t ela#tse*. rei: }ft)tsr � r)ra'vmq i n r4>i�=a�ooRlruCtirr^t tic slrtclt,l�.i., ;,Ari)iutiorts matt -4)r COW"iOu►ftfY'itic: More, than.,*.wtKARY iht+ project, '.'uchrrrnf+is''ttilf: Ynt* thi.-nanie antt,,lctrrxsr). reyind; under pfitit• (untla, ar'prril , tl ul :Ct+lerin); iiir. 'Init'h stub , upltiya•r. hip t•nrra • . ,'fw4ificatitin,, rain• of li,ay ►tr+rtictt#ar wrtkty pcaaaitt.sr#t*tieal'�to•�t crntstrmctively tiireln,t'lai, r;ilrs of c+uatrih,rii•)� or -,nibs f)S,,;,�)f tint. made orinturrtvldniri l:Fur)ni 4�jy fatrlur) ty+i* c s, `t(utf ira=ss•r'tiar,i 1 i1:'l of'tjwt 1'411.is :i;:rsft •ictt.% (6) The cimtraetilik officer shaI t>dtl#nre Elia1 pny i%14tKs of thitlt am!"iv ,• Ty ritiinini ,tf_a,ta,r� k�a,rl •tt. )t+tlu, r;a; , ,r,.u;a� ' rot -or nt+'chanits..Ntci+rdinK sfquirvirti :nett tr:>jrtt?t's; trid;trtu;ilvar�r, h:iotl (1"l,t t.i•vt•r t}s�� �i�,,,,;ry ,' 1,„ti which -is.notlistrel in: l►t-wAgP�¢tf•riniiiation And w#ttth� ri.,tn f(fiit <f �SiAv 2') ('h'tt$7ilaiii`)tav) tn:l�:hr f• t a.i ,ir::I1 i r _ he em ►10 etl under t}Yert Cant i s#t tlL?rr ail a,"ifii,t# or'rI elJIM, � ` I Y ttr lnlNP lilnfr;d'ffhftle tht• 'Sr71(i i. til .it.v I t-'c 1t r,•, +',t , fied Confomably to the tam a tl ra*tirunatlntt arx3'a fe{>ota;of iicit7.ltc(f 4n `I,r<.wt+i n}, t a•n, l tic ttt,rft r ai f;,r. r,r )i., u;:; the wtiao, taken shall be ignt ty-Ahe FCt%ral mgvky ltJt 4, tlrsctifitod in`section the SeCfe lry M l.atrM. Iri �tho't+vent titi3 triter ted pirr> it s ew t ' cont r�cfr)r , oall nu iot#i r`n ratRree�fin the proper clnmfication or re iirtsif)caficrn'of is Par"- collu t'Miotto priruida sun, ­.,fiii is 4<nfwcve41)10. tic lart#asavtf'lnhc►rurot arse# ri►aObanics.:includin}{ Apjuetl ifirir : pjar sir priy�ittii iy fenanri:alte r trM iY>i�,,aot tt at t n � plan tit afkff. i+nw ..!A• F �t9Qfi�: i'ist �tlr.3 tir1 <aCitim rFlrtl )ry t114" .•a, . lirnr fato has he,,o, tTmn., ttt�J4 n"FF•fA nJ, to (,,* )a;,orerc .3t r omgtrtrnlat is n cif shu caatr#yC fl refiii tKT to . mtVtect 40 ,+rerordkn . rli -,Ii • ;chow t hi cost the Seems ry {ti n4al,tioto*iriattnn. tnticilmedor t#Yc actual toot it rr,{l rn pn;v�it+t ,t ,. ix,It t+vnt►r� . , fiii#' The contracting offkar ahil -14w fits: -minimum waj;e rate jir'd"scri#ref#; in f ,r ,► *a �; 'fhr <rintrnct.)r will tiuhs,u:• ,Yf.p(l�iya "OPY IIttifiCusf trx•IRhorer+t ur rneihanics inducts-. rsaeg+5iolb, to t fw = CA t 6t, ' i 1 u n t'l Il;#; pressed as pit hpurly waj;e r"tlte and the contractor is p# enl' ;` thr a sr! `its (i,srty to ow cony fq(,t, f,ut,;.it t o .tr;rmr, v, not to pay 'a cash e4uivatent,of,sueb a Erin o_bb.aefrt srk'fout# 'sticit a,pitrt4 t I e co4tracik, Y4hWb6;A Tic cash i nilr"a*ttt the€1ltlt)fi kic' RtatIi Aed; lt!'Eh gent tom. 5 a it �t •: tar�•)rohsi ft: t '4xsti zttay )�,. bit tr ns-`: intrrestut#i4estirt}nnt ague glxift d tsith t+ctUi�nlent;<jf the {:*: risatwt tit'tht t! Ithi°�+1 sl,,cl! t , sir• frfli�8?#A'IH' iC; the tfr>tt Fn,'actOWophJt.akl by the rocpntr e'«)►1rlliri�'tlltt"44b*iiwlk; l' rgf. enen(l;itiisntoft#teci fiFtrrtt»tVoffutr sbollllcriftrr l't►tbo. - `"nuiie,, 4",thwf'tk•iurY'r-oI.., t�nr,•�.,natcuiu;ia;i"IhttitIW .. !secretary of Ldbi i fnr:Yletrtt»ination. �` w it r r;i �; t'oiilaoirtt 'f`lia r, n' .,r, roil, ►are. 'tlt in Yr (lrt�trriiinr+i°2tA tha `C rtrt,trt''a ;ir,;r of, a,)orrtrt tofth,•fivif the cotitract(irif»s IWL lit. UN*tt or other third jwrNtirl, 1 0 niay CtltLYtp7( �N part Af t H` i�ilfw't'C (ff. t t, N]S .t.t. itiri H T" l fU`U a.,i )r Yi l ++r 1t,tX tl tills f'''.tl�fnr�:1 'A tf 11 $1rP anyAaborPr for mechatsic the iohl"' ; itsty coolM fig vinably Avis hr l -� it r*h`wd.,A,,t• h M1i:• 41 , of 41 'LWl klv 'it f). nit•nL ;tire x k „ . anticipate' in pmvidik* berm its ttntlgr a pi ansrr',�ttt�7HE#n of a < rinnfrl, �ni+ =whir is t�'ri•sit,rt+Tl' a:utq t.i„r +,ntr , ., ,r ,Yt t it tyl'vrtxpretr'iy iiitiw,"n the W#ige detettnTr trbi" c l'ntt the Tiyfi,#,t-rri;itlattor of l la• ti, t +,nrr tr'f l tr,luu (x a t p'lt I' . tatiitetary nfl.abor *hi b is a pa of i?iis C1]ntriiit� ��ttff{P1�� y 11 amtrl ih(, .fr)nni it/th 014 J71tti tt it.ai!• 11=rt( .at C <. y ,y,� :: ►19ftM1'ett, f c7(�f re 'a t{}t. rr7��{flt A�'1 ilk' written ift [rill I}l t1 1 • toy* ,t ii i ' ( ndm 4 by Ow S' tltyF.{` u it f Y f !. 6 )' a request, ofthe tit, tri ohr, tb Rk' faAph is i►sriurrTs of tlrr ar t#t r rlei C i ri s 5l;if(#litti t' `i% .s ti lts+ ly ttt3� rr tlu ; t trikn.. 'i'13tt tlpr++isf3ntstp Actlt+'{e�ft„"1►�t+�iar�RfLri►rfy may frrrriie ct�ntr:(rt+rf 4t.if1 !),• r,° , +) nwiltft it r �fi. �tri,tr:s:nn of r�ituir tht•<'nnCigtt3!,rytt 9+'T ►it+ a srlfaralr�icr y+rt�ttisarts rafiriti stir t>.u, ,ti, lit Ti will far the rrtaetir st erlrlWt"r,* '�iztlet > * plan wap4tfw*1ri m;ikr the rtv ortl, rrctu,r� j •tit., , , w# e e ttr rr.. i�s,it'.: a..` t.. ,.;;•� R3t8ftttil 5br $<iNrn�} i'�77: lAtarrniit Sh ttifki i,�tifSt(t0it ,F d ` �` c ` ' ��, iitl'141 �t`ltit�►t:',itl f) 1� t �' }t}{� I h� �„�rir Va' of the runl.rarl avadiihle for Intl{+e('l.ir.rtt by ilorhAiritud' blue- lotit've 10i. f.ramill Of 1,1 Ill6; (• Irmoq,,y nGY, �.�. iluto thi 111 +li, ucnrativr� off the ,1m1 the Deli;la „- Villili• l=u:(l,•t, in,isli sl ti(te yt il1A -wrirk fn iloil -'Ir)litd an il( nuent of I.Mlor, 'and w111 pl,rout 4ocit., i+ryirt�tvrt;dives to : .? interrview , during t vinjiluyt,41C'rrrkjnf: l++uxv tm Vrf . Oi oh'll (xgital)h�. lnogrunt is g.prl,>.vd. Iiii1 /'.iturtf i�arf�tny%He rl ufilrnrturu ti The utitt(;it1t,lI Nut �� trartere tinililoluli;aplirintif(�� Air teaiEtivi Iirwr approved "�rtriltit+.tr;untx�:uni kulirrrei�llr t t#iitlt�c�thl�i.if iaalie i{i I'l ilN`flpj ii pRagfltlr Shall irtiT3e a ktibf A,gtpll I'll) 011yllient i�r1l)rllltty ttquire. . ligY rAYllti �llhtnittN[f ( tlu4 �f,(1iatr:rf'Cllilr al:i'tlCt(�1 thtYf -' ' mi'tIIto of } xl i'.tlt't�'e• }rlli `f }ilflt! Hti I:FA tYI(It'1}, al CM (411ploynlvnt in jmri llrant to ,in itIli iro.0 I,,�lrll �(i1r,%1,.. Itild shi.[�. liNrt All - t{,h!httfy the lTYnl,7{1ni; f.'i) t'�(Nil �i�l(tYIF 1( If �t-�Yi�H'ft!!7f% •. • N1 ipprehheRB 'and triittwec ajjirwi (v* Ailif nr;%clohll''tYtaalA %1A ifi rin'h FIA 1frvayR4,'t�•' l . t(l; lSill Ile ll Irinittel A1 Nlldt at Itv4 tln tfl tf tsl' 11 l rote for t he w6rk they pvt-formed whvti the) arks A'nililpVl41 and �` lit rl!ltt`), or jkwatc.i by Yt'It U•1il'(' ttil lrAtt f �. �11Y4' t lNlt r:LL'ttrl' Klil lnvvrl If) ilnt'•;4n1}- ia(llvidually regi%tereil its hillia lllte alipmotiet"44IP prtl,plim,. ►oi• mered with tht"1I.8. Itel#}{YLtlfexilt 14 f�ilxw pigs 1h)ymetlt•. •tiN�it'illl innttraa'l� t he rl>lenn^� ('Antr�tnal*tl in '-hnd Training Adminfiitratio . ►it1t+•au of titiCe+hiif an(I tril :llAl (7) ;And Mali (It her i ieti�i�s i t},i� tv�ritr an`t1t+�ni'iilai=,�1 , ' ,A"j1�r1 I'ramming.orwit7tathe�f3f►rentic�S4hipiAjL#cjr.ltftlaEd', fl�isu«illitl�nrYl-tiv1>rtrlrriHirt,.strtut(niywrlrtture.:�nil by t11P Ilurcaur.nt if a�ju Pit?d:7►l�tltlail)ytl>'jtt>sffr�L !0 4fj) r�R#L .rlutuiltttt; ,f;1u't3tii;ut).i.r�rtr� t , i:r ;uAb phi+>r n�'��j31predWe in alleg aika ►prrn- i, i I:atsrd in atny >i tvcr t ii r n}Ieciutt Irf i. wile h : to ", rn.i ; enter qua probrti"ury employpirent as t► hih prof,Ta{in.. who,►a not iMtilalt ln�f t ,g td, to .the , `t11t C) IUjttw i'ttl' K`llli ik riauu` f lgtrrlhl; L 11S nl5�eri iu ri �9t Y piagram, but who ha:+Fbecri ctifudy.flf►+ NO '►}iteit- - Iasi kn r�lxti}n nttt,rnt tti 1 Hat .11,ty in t art► le. ,,; Liceship and Tritining or a'';fitata. r l xttrgtic ltt t. Agency i?►.,+ (�iiirnet "tt rriurratrc>)z; delarrriirriit. A breach of cl:tu-t " !where appropriate! W fin.. # iie 'fox 144)64, ar ;, ill kloy '' 1 11 t hrAirtl;l+ i Crl #ill 1p fin nttrtl< foa*.a(arrf)tnat r„ r,f the. 'Co`k• ` ment as any apprentke .`i`fittall woble rritin of`* trot, uisl for tl+' :»crax� a provx#(din 23 .h1i a.ti, journeymen;in an [tbftaaatflcatilm`li�►nif root jt. ter y C. 5ja?I than,Lhe ratio Mrriitfell tn' t' cotrtrti . 0 to hla er4mv�tk .R..,§5 forcd under the re se red pie artt Ar+�r i(mp ii:r l pn i« t«"; payrollot a4 nppreWcye� wage eXii, Oho i not;a m#` ace :, . yy �. Ytdit'011; { °PttwiSi(7Wii 1"`"tCh 111 "St t)a ;}t' 'f fined to tk; llllbiiojr i1 ,Ye. j$ Dota t;�ut�Ct red as 9tatrd� Para the ` ,-Ire, rptc dctermurn3 �.. bYtF►BSc�tsrcltifyof,a??iir�trrtt+aclar%' ill f)rcrtirnPrlµuiri�)nonti, �Va�c�ntratinrs,r ii t��iitt3e, ficttion of w`Orlt hN,R tthflj-1*HOrnied. The car ttkUtr'or, lntlirl^" =' (nY <'t5ntr ielinjt flit :toy 1?flrt of ttr, stint rGt t Y. ti(�k N f4rrh r�1aj, contractbr'wi11 be ii krivl tt► furniph trt u*0- 6actinj offieer t_jtlirr pit" °iuv(ilve t holi+iitli16 nient rrf Itrborer ,ie ^cos }i tts or r. representative of t4A-j Wiff u- isti►n of the.• $J1,. _ � p � any Intoner or m (,.itn,r-, ist iYrr} !Moll tri tllrs nf_ lrt,,it Dopattrnentof i.al ,>x`titteit;kviiiatue ef'th .:re xtration taf„ .., ',to w6rk is MrrjltKes�it in Bch f". 1°!employ*&4pi .such s`�A rk ; his pcagram and # rrnlicc aswelt +tyahR appiopriaLa ratios (,t pight hoi* tit ;ia,y tact+ndter,tl•i}' or in !Litt+ and`.*sge rates iP7t;i elt'!It'41'to jmrccgtQ{,' i bt 00 jouilveyiman ►11"l�4iih. 'v i-A ur.h.. I.thor(1 per i4tblj31SA' hourly rates), for tba t+tcA of gonrtrortir►ft pr ' to umitrg any . rA t 'tvfuln yt.ut a rate Ml ten , than on'. illid 4Atr -half apprentices aft the contract wont., The wage rota pai� tp�ruli ;`; umes ltiv }lo sic rate elf tray ftTi all hmin, wo. 4 i- in rare !is o' ' tices shtili Ile '_n4kt" lira Lban t a,Appra rrtate f, It a rid t3ig (1 rhl. Iltrlrta it4' ciilth)ri tr,cllty ar in vxc4 rd to is 3M3ui( i:1 i ( "'•. 4[Rryrnan'a ram"atxOWIReo in t;ho applict dgLCh s eucii"woTkwtt ,i+"i t}er't"er5e n Y:b. \ ,wa mination, f21 -tir latforai fiirhiltfg' for (tnjfiutd ii it e,: L. rrastrrta R rfgrir• ; t ii TrQinr�a: f xcPp� aai jr viticc9` n 29t`i it;�.Frr rairiia� nrrrr tf thv^,,z"t i4,hn} visili,r nn of LI t t , u�i .(•� tort), in will. not be. acrntitted Lo wii itt less than the bell l 1 el�tMrainrd 14r."rri► h tt1. Nic,itmtracior "bu(r,ttai-0; solo p role for , thework y>t+r�WInerl ur►hr ,ithey itco rtnphiyrfl, responsible UU&Pfor shall l lutltle tit) any ilffA. ���1i�'irrplr*% r wr5uant tn.ont# intiivirdua: rCJ,ist�W #n a' rogram, wbieh- for his unpaid walSf . t1n , trkitirirt.'such. i ontr;wtorantl�isuh. has trepiv(r1 prissrapt►rova , +ck tsriwf lid f�x7r► ti cNrtifirtKioh, con. r kStrrr stalillhe is 4, t» the.. unit e(l jtatr>,, flrt t',t arse of by the U.S. Lirf+Artnreat of t.a!)or; ' npktytrt(ott Arid-i �tinin};` wcrtk t un+jw ';, un;r't felt t)te;t�ls(rict._(lf f o iir�z 1n nr B to :. . '. Administration,Alurtnu of �rt�ztt l►il>.and Ttai r.' The r►ttiry; 'to �ut*h l l�{�I.LI <iX tta such trrritoi )�)i f<ir li(iu'lrlated " . ratio' of trainiat tq 'tournsymwsn shall rs�t }la graat+rt tliiin Kt f*tlt S.liatinslat(otlanla},a.Y ~blot be roratf:utt d with re• riurtaa a . �. permittctlMn1ier liE plt►> apraVrd b�� the ffritaar t Apprch• spirt to wt it+dulll tl iprt Gr mthunlr rmi)Io i�d ini�iola ticeaWip andTrWt irig Ry�Sf�aintctsnumi�he #'at 041ers !,!roof t tlau, .4,1 Orttti�s�fat aural;ral)h It}, in the stltrl of it e. a tinrn`the rht+la �yfu in,tlre l ANC Ipt yihOWA l of ltf for Lath e�uh�ndnr c ty cy#'°while h slut! entpliryve',� t re• 1`S4. Any C}T'tl,rY�rxt1 nit t'11e-.laayrtsg:,t. NlkTaINL'h` rttt(: �, ii►rrd or >sirunttrlt tl�wtitk i +�xeesir of iii'�ht hoors't}r in rx• q t 1. ielsu is lent rrgisttrr+}'a»c�Tau�tfCil�atinitt,a tfmtt�>tan ape ; &ss Ill tilt St ltaditrd, o k wt i'�t oaf. fort lu>ter8 withe,A(it Jell mrnt a 3' f y , lvriiiNcd by the iitift�t►uitrf Aj)pf t +pn�htfal ifr�cl'Ir�'t+erti shall 1); <ift{iti a�ritlaso,WAL 4 t�N uir.4 by the clause. set: furt'h in tiull• paidupt.hAsa blothsatag Ate la3.erminctit k� t}tnry-, lmra;�rajth ft). of Lalxu for the classtfrta,Littiri af'iKnrA he afttitnity ix!Cttr►nerl.; 64l t,L�f�hti,tltCart) lar� ,re. j i+izC r,rye,. _(l+.,f hqir '..tAvt'.hsin 7`ivcs(intraetorrrr'tu�w�onttactsx iV}��irecluiteti In�fttepish the contractingtoffimor,1 1 jrr#erOnfive-*It1hivW,a- �otit�iaFYi• _ll�ildur I liu4r ►.0 he a,ihl�aif#,�,Srsrai) airy ,i,c�ne}ti f+u}altui i:t� ti 'lion of the U S. 1�r{ict>apisl n>li.Ni t ta+►it.tof,; uiely lire of hQ-' cnnnC of ti+orti lit>rkiina•tl hs l,lf conirncto; or i hrantrllruir, tertification,ol hi i frt ,ranl,'a tStr4tjort.'Of .ti+c trairuory.` sdrh st. h5 Yu rat:ky a�lerxinttit.r:rtiu�y>�c+ (fetrcoanaKt to i.e tree, • . -and the ratios Ann-- p�e,�a�tns iara*it r+(l-in theft i' *�► Its r��xntv'trl-it ;tny ti.11iilitdu� i5i suet i i;aracfnr,,r�uhir,ntrar 'i the event the Bur t `llji} teRiiEetl►hlp aall Trftihing rtitfi for for onfrili(I V it A9/( atirtl"lisjuiciirt., r; c +t as :Iti 1)rud# t, in l�Ws approval of a training ''pr'ol rtufs ttpC Qi raCtor wt1l ;nw, the clause ort forth ill .�zabp, A},raja}) @fiovgl'tutl, $llarlfly Ad4A$ory, Si1r?/Ito jtily 19"y ki(!Y(:fi11 ! t(,ir,rlJ It irl .:7( — a IF4+i U1) R r 3 0 BID PROPOSAL FROM Honeywell, Inc. Firms Nemn To the Honorable Mayor and City Council, City of Huntin gton Beach, California: In compliance with the notice inviting sealed proposals for the supplying of traffic controller for: CC 462 Goldenwest St. at Ellis Ave. CC 493 — Goldenwest St. at Palm Ave. CC 448 (II)— Edwards St. at Slater Ave. CC 448 (II)— Newland St. at Atlanta Ave. 1 hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,Californis. The undersigned has not accepted any bid from any subcontractor or meterialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM NO. APPROXIMATE QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL Traffic Controller and Cabinet 1. L.S. complete for Goldenwest St. at Ellis at��.s 1,p 62.DOLLARS $/S `3o0•trD $� Lump Sum Traffic Controller and Cabinet comp e e for Goldenwest St. at Palm 2. L.S. at OLLARS Lump Sum Traffic Controller and Cabinet 3. L.S. complete for Edwards St. an^d/,S,later at7� l�h lal�tl�-?���ll!!L'� `'OLLARS Lufn $.153°°�r� P Sum Traffic Controller and Cabinet 4. L.S. complete for Newland St. at Atlanta at Ads , 1�1L��.d�^�n liir����P_-COLLARS $ Lump Sum TOTAL BID IN WORDS TOTAL BID IN DOLLARS FIGURES $�2�111� P-1 AMM� It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 80 working days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten 00) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal isBidder's Bond 1$, NOTICE: Insert the words Cash, „ Certified Check, or Bidders Bond, as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No Honeywell, Inc. o n Vx. Lee rea Manager TMC Signature of Bidder r Business Address 505 S. Main Street Place of Residence orange, CA 92668 Dated this 8th day of November .19 79 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P 2 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: HoneVwe l l , Inc. 2. Address: 505 South Main Street, Oranae 3.Telephone 714/558-7400 CA 92668 4. Type of firm — individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of Delaware 6. Contractor's License Number: Not Applicable Classification of Contractor's License 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Edson Spencer, President Clarence Spangle, Vice President Phil Paul, Division Manager John Lee, Western Area Manager 8. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Owner) City of Riverside $9,000 City of Cypress $8,500 City of Tustin $27,500 City of Sunnyvale $68,000 Caltrans Direct Bid $140,000 10. List the name of the person who inspected the site of the proposed work for your firm: John Lee Date of Inspection 11/5/79 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P3 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about the construction of the work or improvement in an amount in excess of one-half (%) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS None By submission of this proposal, the contractor certifies: STATE LICENSE NUMBER CLASS That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. P4 BID SUMMARY SHEET DATE: Nov. 8, 1979 ENGINEER'S ESTIMATE: JOB AND CC NUMBER: Traffic Controllers for Goldenwest St./Ellis; Goldenwest/Palm; Edwards/Slater, Newland/Atlanta: CC 462. 493. 448 BIDDERS NAME 11,Inc. LFE Corp. Automatic Signal Div. Multisonics TOTAL BID AMOUNT , NOTICE INVITING SEALED BIDS / Notice is hereby given that the City Council of the city of Huntington Beach, California will receive sealed bids for the supply of traffic controllers - CC 462 - Goldenwest St. at Ellis Ave.; CC 493 - Goldenwest St. at Palm Ave.; CC 448 (II) Edwards St. at Slater Ave.; CC 448 (II) Newland St. at Atlanta Ave. in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 10 1979. A charge of $20.00 , not refundable, will be required for each set of specif;. cations and accompanying drawings.. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item 1. Traffic controller and cabinet complete for Quantity Goldenwest St. at Ellis Ave. at L.S. 2. Traffic Controller and Cabinet complete for Goldenwest St. at Palm Ave. at L.S. 3. Traffic Controller and Cabinet complete for Edwards St. and Slater at L.S. 4. Traffic Controller and Cabinet complete for Newland St. at Atlanta at L.S. In accordance with the provisions of Section 1773 of. the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, setforth in the specification: for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will corres- pond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be.done. No bid will be accepted from a contractor who is not licensed in accordance with the law, California Business and Professions Code, Division 3, Chapter 9, Contractors, or to whom a proposal form has not been issued by the City of Huntington Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 A_" of November 8, 1979, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the November 19, 1979, at the hour of 7:30 PM in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of Nov. 19 1979. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order_ of the City Council of the City of Huntington Beach, California this Sept. 4 , 1979. ATTEST: Alicia Wentworth City Clerk IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH9 FOLIC WORKS State of California ) County of Orange )ss. Rita J. Richter That I am and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that I am not a party to, nor interested in the above entitled matter; that I am the principal clerk of the printer of the Huntington Beach Independent Review a newspaper of general circulation, published in the City of Huntington Beach County of Orange and which newspaper is published for the disemination of local news and intelligence of a general charac- ter, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and pub- lished at regular intervals in the said County of Orange for a period exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper, and not in any supplement thereof, on the following dates, to wit: October 49 79 1979 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Garden Grove Datedat ................................................ Califor i6, this . n ... d „D e, r , r �b ..... _ . . Signature PROOF OF PUBLICATION Notice Inviting Bids CC-44894629493 (Traffic Signal Controllers NOTICE INVITING SEALED BIDS - - CC-448(Phase M 462, 493 Notice is hereby given that the City Council of the city of Huntington Beach. California will receive sealed bids for the supply of Traffic Controllers for CC-462 -- Goldenwest at Ellis: CC-493 — Goldenwest at Palm; CC-448 — Phase '2; Slater at Edwards; ACC-448 — Phase II Atlanta at Newland in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 5, 1979. A charge of $10.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1. Traffic Signal Controller and cabinet complete for Golden - west at Ellis; CC-462 1 each '1 2. - Traffic Signal Controller and cabinet complete for Golden - west at Palm; CC-493 I each i 3. Traffic Signal Controller, and cabinet complete for Slater at Edwards; CC-448-Phase 11 1 each 4. Traffic Signal Controller and cabinet complete for Atlanta at Newland; CC-448-Phase 11 1 each In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations'shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the ' office of the Director of Public Works of the city of Huntington Beach. California. Plans and specifications, together with proposal form, may he obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by'the Director of Public Works. The special attention of prospective bidders is called to the . proposal requirements, set forth in the specifications, for full directions as to the ` bidding. The foregoing quantities are approximate only, being -given as a basis for the ± comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the' ? work, as may be deemed necesanry or expedient by the Director of Public Works:. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. No bid will be accepted from a contractor who is not licensed in accordance With the law, under the provisions of Chapter 791, Statutes of 1929, as amended of Chapter 17, Statutes of 1939, as amended, or to whom.a proposal form has not been issued by the city of Huntington Beach. Each bid shall be made out on a form to he obtained at the office of the Director ^ of Public Works, Development Wing, 2000 Main Street, Huntington Beach, Califor, ' nia; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor a Administration Building, 2000 Main Street, Huntington Beach, Cglifornia, on or before 2:00 P.M. of,October 25, 1979, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported W the City Council of said city of Huntington Beach at their regular meeting to be held on Monday, the 5th ii of November, 1979, at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of said city of Huntington Beach, and shall be acted upoty said City Council at the regular meeting of November 5, 1979. The city of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the city -of Huntington Beach, California. By order of the City Council of the city of Huntington Beach, California this :. September 4, 1979. ATTEST: ALICIN WENTWORTH City Clerk Pub. Oct. 4, 7, 1979 Hunt. Beach Ind. Rev. #10&59 Form No. CAF-6579 NOTICE INVITING SEALED BIDS.2- CC- 448 (II) , 46-Y, 493 Notice is hereby given that the City Council of the city of Huntington Beach, California will receive sealed bids for the Supply of Traffic Controllers for -CC 462 - Goldenwest at Ellis; CC 492 - Goldenwest at Palm; CC 448 - Phase II - Slater at Edwards; Atlanta at Newland. in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on Oct. 5 , A charge of $ 10.00 , not refundable, will be required for each set of specifi- cations and accompanying drawings. Work Item 1. Traffic signal for Goldenwest 2. Traffic Signal for Goldenwest 3. Traffic Signal for Edwards at 4. Traffic Signal for Atlanta at DIRECTOR OF PUBLIC WORKS ESTIMATE controller and cabinet complete at Ellis - CC 462 Controller and Cabinet complete at Palm - CC 493 Controller and Cabinet complete Slater - CC 448 Phase II Controller and Cabinet complete Newland - CC 448 Phase II Quantity 1 ea 1 ea 1 ea 1 ea In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, setforth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will corres- pond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. No bid will be accepted from a contractor who is not licensed in accordance with the law, California Business and Professions Code, Division 3, Chapter 9, Contractors, or to whom a proposal form has not been issued by the City of Huntington Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. Of October 25 , 1979, and shall be opened by a committee composed of the City Clerk, the -City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the November 5 , 1979, at the hour of 7:30 PM in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of Nov. 5 1979. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this Sept. 4th , 1979. ATTEST: Alicia Wentworth City Clerk 0 . REQUEST FOR CITY COUNCIL ACTION Submitted by Floyd G. Belsito, Acting Department Public Works Director of Public Works Date Prepared August 28 , 19 79 Backup Material Attached Yes No Subject Installation of four (4) New Traffic Signals City Administrator's I Approve recommended action. CITY CLERK" Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: Pursuant to direction given by the City Council and the Public Works, Capital Improvement Program, four (4) traffic signal projects are to be constructed. Recommendation: City Council authorise a call for bids to install traffic signals at four (4) locations: 1. Goldenwest St. at Ellis 2. Goldenwest at Palm Ave. 3. Slater Avo. at Edwards St. 4. Atlanta Ave. at Newland St. Analysis M The four new traffic signals have been included in the Capital Improvement Program. Two of them (Atlanta at Newland, Edwards at Slater) will be 6on— structed within existing improved area with no future street improvements required. The third signal, Goldenwest at Palm, will be constructed within existing right-of-way limits, leaving future street improvements to the developers of the adjacent properties. The fourth signal, Goldenwest St. and Ellis Ave. will be constructed in two phases. Phase I will be the initial signalization within the right-of-way that can be obtained or already exists November 1, 1979. Phase II will widen at the intersection, widen the west side of Goldenwest St., relocate some of the signal poles, and provide left turn pockets at the Taylor St. entrance to the Adventure Playground, the Central Park parking facility, and the mushroom plant facility. Phase II will depend on additional funding of the project for cost of right-of-way acquisition and road way construction. Plo 3/7e �,5 Request for Council Action August 28, 1979 Page 2. Alternatives: 1. Do not approve any of the projects for bid. 2. Approve one or more of the projects for bid. Funding Source: These signal projects will be funded from the Gas Tax Fund. The cost of the signal at Goldenwest and Palm will be shared by the Huntington Beach Company as required by the conditions of approval of Seacliff, Phase IV. SPECiFILATIONS AND SPECIAL PROVISIONS AND GENERAL REQUIREMENTS FOR THE FOR THE SUPPLYING OF TRAFFIC CONTROLLERS CC 462 -.Goldenwest St. at Ellis,Ave. CC 493 - Goldenwest St. at Palm Ave. CC 448(II) - Edwards St. at Slater Ave. CC 448(II) - Newland St. at Atlanta Ave. Prepared by the Department of.Public Works City of Huntington Beach October 1979 Approved by Paul E. Cook Director of Public Works NOTICE INVITING SEALED BIDS CC - Notice is hereby given that the City Council of the city of Huntington Beach, California will receive sealed bids for the supply of traffic controllers - CC 462 - Goldenwest St. at Ellis Ave.; CC 493 - Goldenwest St. at Palm Ave.; CC 448 (II) Edwards St. at Slater Ave.; CC 448 (II) Newland St. at Atlanta Ave. in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 10 1979. A charge of $20.00 , not refundable, will be required for each set of specifi- cations and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1. Traffic controller and cabinet complete for Goldenwest St. at Ellis Ave. at L.S. 2. Traffic Controller and Cabinet complete for Goldenwest St. at Palm Ave. at L.S. 3. Traffic Controller and Cabinet complete for Edwards St. and Slater at L.S. 4. Traffic Controller and Cabinet complete for Newland St. at Atlanta at L.S. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, setforth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will corres- pond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. • All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. • No bid will be accepted from a contractor who is not licensed in accordance with the law, California Business and Professions Code, Division 3, Chapter 9, Contractors, or to whom a proposal form has not been issued by the City of Huntington Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 AM of November 8, , 1979, and shall be opened by a committee composed • of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the November 19, 1979, at the hour of 7:30 PM in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council • at the regular meeting of Nov. 19 , 1979. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. • By order of the City Council of the City of Huntington Beach, California this Sept. 4 , 1979. • ATTEST: Alicia Wentworth City Clerk 11 • BID PROPOSAL SPECIFICATIONS LABOR COMPLIANCE • • • • a INDEX Page P1 - P4 Page 1 - 24 Page 1 - 45 • BID PROPOSAL FROM Firms Name To the Honorable Mayor and City Council, City of Huntington Bach, California: In compliance with the notice inviting sealed proposals for the supplying of traffic controller for: CC 462 Goldenwest St. at Ellis Ave. CC 493 - Goldenwest St. at Palm Ave. CC 448 (II)- Edwards St. at Slater Ave. CC 448 (II)- Newland St. at Atlanta Ave. 1 hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialmen from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: • UA ID ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE Traffic Controller and Cabinet 1. L.S. complete for Goldenwest St. at Ellis at DOLLARS $ $ Lump Sum Traffic Controller and Cabinet complete for Goldenwest St. at Palm 2. L.S. at DOLLARS $ $ Lump Sum Traffic Controller and Cabinet 3. L.S. complete for Edwards St. and Slater at DOLLARS $ $ Lump Sum Traffic Controller and Cabinet complete for Newland St. at Atlanta 4. L.S. at DOLLARS $ Lump Sum TOTAL BID IN WORDS TOTAL BID IN DOLLARS FIGURES $ P-1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 80 working days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is ($ ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Signature of Bidder Business Address Place of Residence Dated this day of ,19 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P 2 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: • 2. Address: 3. Telephone 4. Type of firm — individual, partnership, or corporation: 5. Corporation organized under the laws of the State of 6. Contractor's License Number: Classification of Contractor's License 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Owner) 10. List the name of the person who inspected the site of the proposed work for your firm: Date of Inspection 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. s F01 0 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or aboutthe construction of the work or improvement in an amount in excess of one-half (%) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK STATE LICENSE SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. P4 STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the 1979 Edition of the "Standard Specifications for Public Works Construc- tion" (Green Book), and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" for this project and shall be considered as a part of these Special Provisions. Where specified, the latest editions of "Standard Specifications" and "Standard Plans" of the State of California, Business and Trans- portation Agency, Department of Transportation, shall apply. i PART I GENERAL SPECIAL PROVISIONS The following additions are made to the "Standard Specifications. If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. 1. 2. 1 Definitions (a) AGENCY The City of Huntington Beach, Califor- nia also hereinafter called "CITY". (b) BOARD The City Council of the City of Hunt- ington Beach, California. (c) CONTRACT Documents including but not limited tc DOCUMENT the proposal forms p-1 through p-5, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all addenda setting forth any modifications of the documents. (d) ENGINEER The administrating officer of the City of Huntington Beach or his authorized representative. (e) BIDDER Any individual, co -partnership, as- sociation or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f) LEGAL ADDRESS The legal address of the, Contractor OF CONTRACTOR shall be the address given on the Contractor's bid and is hereby de- signated as the place to which all notices, letters or other communica- tions to the Contractor shall be mailed or delivered. • (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the Contract. • (h) STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the Government Code. The provi- sions of this act and other applicable laws, form and constitute a part of . the provisions of this contract to the same extent as if set forth herein in full. 1-3.1 Abbreviations O.C.E.M.A. Orange County Environmental Management Agency. 2-1.1 Award of Contract The City reserves the right to reject any and all Proposals. The award of the Contract, if it be awarded, will be to the lowest responsibile Bidder whose Proposal complies with all the require- ments prescribed by the City. 2-1.2 Execution of Contract • The Contract shall be signed by the successful Bidder within ten (10) working days after award, and be returned together with the Contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the Contract is executed by the Contractor and the City. The con- tract time shall start on the day of Contract execution by the City. 2-1.3 Failure to Execute Contract Failure to execute a Contract and file acceptable bonds as provided herein within the time specified for the applicable Contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. 2-4.1 Return of Bid Bond Within ten (10) days after the award of the contract, the . City of Huntington Beach will return the bid bonds accompanying the proposals which are not to be considered in making the award. All other bid bonds will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. r 2-4.2 Guarantee The Contractor, by submission of a bid for this project, expressly -2- agrees to the herein stipulated guarantee of materials, products workmanship, and installations incorporated into this project. All work performed in accordance with these plans, standard specifications, and special provisions, including, but not limited to, workmanship, installation, fabrications, material and structural, mechanical, or electrical facilities shall be guaranteed for a period of one year, commencing with the filing of the notice of completion and acceptance of the contract by the City. Unless specific areas are to be guaranteed longer as provided in Special Provisions. Security of this guarantee shall be furnished to the City and (be y be included as part of the Faithful Performance Bond. There all be express wording in the Performance if such bond includes e guarantee or warranty of the Labor and Materials for a one year riod, commencing with the filing of the Notice of Completion and ceptance of the contract by the City. The guarantee amount shall for the full amount of the Performance Bond. Release of the rformance Bond shall not apply to the guarantee or warranty period. The Contractor, by agreeing to this latent defect guarantee, also agrees that within 10 days after notification of a failure or deterioration of a facility or work covered under this contract, he will repair, replace or show reasonable cause as to reason for further delay. Refusal or failure to commence repair or replace- ment will cause the City to file claim against the bond. Excepted from the guarantee of labor and materials will be defects by the Contractor or.beyond the control of the Contractor. 2-5.1.1 Plans and Specifications The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If_ after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Special Provisions and plans, the Contractor shall request the Engineer for further explana- tion or interpretation of the contract. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimen- sions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. 2-5.1.2 Competency of Bidders and Payment for Plans and Specifications Plans, Special Provisions and Proposal forms will be issued only -3- to those contractors who can qualify as competent bidders. A charge will be required for the taking out of plans, none of which will be refunded to any bidder. • 2-6.1 Removal of Defective and Unauthorized Work All Work which is defective in its construction or does not meet all of the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any Work done beyond the limits of the lines and grades shown on the plans or established by the Engineer, or any extra Work done without written authority, will be considered as un- 40 authorized and will not be paid. Upon failure on the part of the Contractor to comply forth- with with any order of the Director made under the provisions of this article, the Engineer shall have authority to cause defective Work to be remedied, or removed and replaced, and unauthorized Work to be removed, and to deduct the costs there- of from any monies due or to become due the Contractor. 2-7.1 Soil Conditions The Contractor shall inspect the soil conditions himself 40 before submitting a bid. By submitting a bid, the Contractor acknowledges that he has satisfied himself as to the quality of the Work including but not restricted to the conditions affecting, handling and storage of materials disposal of excess materials, the soil conditions, and level and amount of groundwater. • 2-9.1 Permanent Survey Markers Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing hori- zontal and vertical survey controls, monuments, ties and bench marks located within the limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction Work, notify the Engineer so arrangements can be made to establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction. 2-10.1 Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice when he or his Subcontractor will start or resume the Work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. IE the Contractor elects to work under this contract more than 8 hrs/day or more than 40 hrs/week, Saturday, Sunday, or City holi- days, lie shall arrange with the Engineer for the required inspection service and pay the special inspection fees which will be charged -4- at the following rates: 4 lirs. or less/day $60.00 4 hrs. to 8 hrs/day $120.00 When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. If the Contractor is directed by the City to work under this contract more than 8 hrs/day or more than 40 hrs/week, the Special Inspection fee requirements will be waived. Any work performed in conflict with said advance notice, with- out the presence or approval of the Engineer, or Work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer.. Any unauthorized or defective Work, defective material or workman- ship or any unfaithful or imperfect Work that may be discovered before the final payment and final acceptance of Work shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved Plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved Plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following paragraph: If_ the Contractor considers any Work demanded of him to be outside the requirements of the Contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for Extra Work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. ,Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final -5- i decision on any such protest within thirty (30) days of receipt of same. • 2-10.2 Inspection Within State Highways and Railroad Right of Way The Contractor shall prosecute Work on any State Highway or within any railroad right of way only in the presence of the inspec- tor representing the State Division of Highways or the railroad Company and any Work done in the absence of said inspector will be subject to rejection. The Contractor shall make the appropriate notification according to the instruction given on the State En- croachment Permit or railroad permit for all inspections, and shall post all bonds and certifications required by the permit. The permit shall be acquired by the City. However, the Contractor may also be required to secure additional permits under his own name, which permits shall be processed at the Contractor's expense. The Con- tractor shall pay for all testing and inspections required by a State Encroachment Permit or a railroad permit. 2-10.3 Final Inspection Whenever the Work provided for and contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. 4-1.4.1 Test of Materials All tests of materials furnished by the Contractor shall be made in accordance with commonly recognizing standards of national organizations, and such special methods and tests as are prescribed in the Standard Specifications. No materials shall be used until they have been approved by the Engineer. The Contractor shall at his expense furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the Work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the Work. The City of Huntington Beach will pay for the initial soil and material tests. Any subsequent soil and materials tests deemed necessary due to the failure of initial tests will be at the Con- tractor's expense. 6-1.1 Construction Schedule and Commencement of Work Prior to the start of Work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of 0 -6- this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The con- tractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The Contractor will be required to commence Work under the Contract within ten (10) days after the date of the Contract, and to prosecute said Work diligently and to complete the Work con- templated by these Special Provisions within 80 working days. 6-1.2 Progress of the Work and Time for Completion The Contractor shall begin Work within ten(10) working days after the contract has been fully executed by the City and shall diligently prosecute the same to completion before the expiration of the time specified in the proposal, specifications, and/or contract. 6-2.1 Proaress Schedule When, in the judgement of the City, it becomes necessary to accelerate the Work, the Contractor, when ordered, shall cease Work at any particular point and concentrate his forces at such other point or points as directed; and execute such portions of his Work as may be required to enable others to hasten and properly engage and carry on their Work. 6-8.1 Acceptance Should it become necessary, due to developed conditions, to occupy any portion of the Work before contract is fully completed, such occupancy shall not constitute acceptance. 7-2.2.1 Longshoremen's and Harbor Workers' Compensation Act "Where Contractor has employees to whom the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) applies contractor shall prior to performing services under this agreement, file with the Board, a certificate of compliance with this Act. Certificates of compliance can be obtained from the Deputy Commissioner, Office of Workers' Compensation Programs, U.S. Department of Labor, ESA, P.O. Box 3327, Terminal Island, CA 90731." 7-3.1 Public Liability and Property Damage Insurance 'rhe Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the Work to be performed. -7- • `lic policy shall provide for not less than the following amounts: Combined Single Limit Bodily Injury and/or Property • _Damage Including Products Liability: $300,000 Combined single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are re- quired to cover the risks involved. The Contractor shall arrange for the policies to be so con- ditioned as to cover the performance of "Extra Work", should such Work become necessary. • Prior to the commencement of Work under the contract, evidence of insurance shall be furnished on a form provided by the City, and no other form will be accepted. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify • the City of the expiration or cancellation of any of the insurance policies required hereunder not less than 30 days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Worker's Compensation coverage or a valid certificate of self insurance. • 7-5.1 Permits and Licenses Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due S and lawful prosecution of the Work. These permits and licenses shall be obtained in sufficient time to prevent delays to the Work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the Work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of • California, the Industrial Safety Permit required for the various construction items. 76.1 The Contractor's Representative Contractor shall also file with the Engineer, the address and • telephone numbers where he or his designated representative may be reached during hours when the Work is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. 7-6.2 Superintendence Whenever the Contractor is not present on any part of the Work where the City desires to give direction, orders will be given by the Director in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular Work in reference to which orders are given. -8- 7-8.1 Cleanup and Dust Control All surplus materials shall be removed from the site immedi- ately after completion of the work causing the surplus materials. Unless the construction dictates otherwise, and unless other- wise approved by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzler at least once each working day to keep paved areas acceptably clean whenever construction, including restoration is incomplete. 7-8.5.1 Use of City Water System The Contractor shall make arrangements with the City of Hunt- ington Beach Water Department for requirements, location of source and payment prior to the taking of any water from the City system. 7-8.7 Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting for construction equipment used. In addition, working hours shall be restricted to between the hours of 7:00 AM to 6:00 PM. 7-8.8 Flow and Acceptance of Water Storm, surface and possibly ground or other water may be encountered at various times and locations during the Work. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and/or public property by flooding or lateral erosion if not properly controlled by the Contractor and the Contractor acknowledges that his bid was prepared accordingly. The Contractor by submitting a bid assumes all of said risk. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruc- tion along existing street and drainage courses. Drainage of water from existinq catch basins shall be maintained at all times. Di- version of water for short reaches to protect construction in pro- gress will be permitted if public or private properties are not damaged or, in the opinion of the Engineer, are not subject to the probability of damage. The Contractor shall obtain written per- mission from the applicable public agency or property owner before any diversion of water will be permitted by the Engineer. In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. The City has received a permit for discharging from the California Regional Water Quality Control Board that is reproduced in these Special Provisions as Attachment B. • 7-8.9 Erosion Control The Contractor shall submit a written plan specifying methods • to control erosion due to the construction activities of the project. This plan shall be submitted for approval to the Director no later than five (5) days after the opening of bids. 7-8.10 California Regional Water Quality Control Board Permit The City has received a permit for discharge from the California Regional Water Quality Control Board. No water quality problems are anticipated as a result of groundwater dewatering discharge. However if problems develop and it is necessary to aerate, oxidize, detail or otherwise treat the discharge, said treatment will be considered as "extra work" and shall be carried on by the Contractor. All monitoring and reporting required by the permit will be done by the City; .however, this does not relieve the Contractor from compliance with other conditions, provisions and requirements of the permit. 40 Applicable sections of said permit are hereinafter contained in Attachment B and shall be considered as part of these Special Provisions. 7-10.1.1 Traffic and Access f No full closures will be permitted. Daylight lane closures will be permitted with prior approval of the Engineer provided flagmen are available for control of vehicle movements. Closures are limited to between 9:00 AM and 3:00 PM. 7-15 Registration of Contractor i Prior to the award of contract, the contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progessions Code of the State of California and Amendments thereof, providing for the regis- tration of contractors, and defining the term contractor; providing • a method of obtaining licenses to engage in the business of con- tracting and fixing the fees for such licenses; and prescribing the punishment for violation of provisions thereof, as amended. 9-3.2.1 _ Progress Payments • The City shall, once in each month, cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor to the job site and not used as of the time of such estimate and the value thereof. The City shall retain money in the amount of ten percent (10%) of the progress payment unless approval of Engineer for greater percent of such estimated value .of the work done. The City shall retain money in the amount of fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused provided the materials -10- • were fabricated specifically for the project. No payment will be made for standard stock items that have not been incorporated in the Work. The City shall monthly pay to the Contractor while per- forming the Work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be required to be made when in the judgement of the Engineer, the work is not proceeding in accordance with the provisions of the Contract or when in his judgement the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). 9-3.2.2 Final Payment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and pay- ments shall be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty-five (35) days from the date of recording a Notice of Completion. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate of final payment, shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Section 10 Proposal Requirements 10-1 Examination of Plans, Specifications, Special Provisions and Site of Work The bidder shall examine carefully the site of the work con- templated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the bidder has investi- gated and is satisfied as to the general and local conditions to be encountered; as to the character, quality and quantities of the Work to be performed and materials to be furnished; as to the charac- ter of equipment and facilities needed preliminary to and during the prosecution of the Work; and as to the requirements of these specifi- cations. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such ex- amination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obliga- tions herein contained. - 11 - • 10-2 Proposal Form All Proposals must be made upon blank forms to be obtained from the office of the Director of Public Works at the Civic Center, Huntington Beach, California. The Bidder shall submit his Proposal on the form furnished him. Proposals submitted on forms other than the one issued to the Bidder will be dis- regarded. ` All Proposals must give the prices proposed both in words and numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. If the Proposal is made by an individual, firm or partnership, name, post office address and telephone number must be shown. If made by a corporation , the Proposal must show the name of the state under the laws of which the corporation, and the names, titles, and business addresses and telephone numbers of the President, Secretary and Treasurer. 10-3 Proposal Bid Bond All bids shall be presented under sealed cover and shall be accompanied by cash, a cashier's check, certified check, or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 10-4 Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the notice to contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. 10-5 Public opening of Proposals i Proposals will be opened and read publicly at the time and place indicated in the notice to Contractors. Bidders or their authorized agents are invited to be present. It 10-6 _ Rejection of Proposals Containing Alterations, Erasures or Irreqularities Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. 10-7 Disqualification of Bidders More than one Proposal from an individual, a firm, a partner- -12- FMM ship, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one Proposal for the Work contemplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collusion exists among any or all bidders, any or all Proposals may be rejected. Proposals in which the prices obviously are un- balanced may be rejected. -13- • SPECIFICATIONS AND SPECIAL PROVISIONS SECTION I. DESCRIPTION OF WORK The equipment manufacturer or supplier shall furnish complete traffic control cabinets and controllers for traffic signals at Goldenwest Street at Ellis Avenue, Goldenwest Street at Palm Avenue, Edwards Street at Slater Avenue, Newland Street at Atlanta Avenue. SECTION II. SPECIFICATIONS The equipment to be furnished under this controct shall comply with the Special Provisions and the State of California Standard • Specifications dated 1978 and Standard Plans dated 1977. The City of Huntington Beach Standard Specifications shall apply. SECTION III. DOCUMENTS The contract documents shall consist of the following listed • items: 1. Proposal 2. Specifications and Special Provisions 3. Manufacturers details and installation instructions. 4. Equipment shop drawings • 5. Manufacturers or equipment supplier bonds SECTION IV. EQUIPMENT DELIVERY The equipment manufacturer or supplier shall deliver and unload the specified items at a test facility at the direction of the i City Engineer. SECTION V. SPECIAL PROVISION BID ITEMS The Special Provisions for the contract describe in detail the required equipment for the bid items. i SECTION VI. EQUIPMENT DELIVERY The equipment manufacturer or supplier shall deliver the various items within 80 working days from date of the contract award. f SECTION VII. EQUIPMENT LIST M Each proposal shall be accompanied with a list of equipment to be supplied. This list shall indicate the following equipment information for each separate unit provided as part of this contract: 1. Manufacturer 2. Physical dimensions 3. Rated capacities 4. Characteristics 5. Guarantee/warranty period -14- SECTION VIII. MANUFACTURERS DATA Upon contract award, the equipment manufacturer or supplier shall submit to the City, for their approval, six (6) copies of the following information: 1. Shop drawings with all dimensions and pertinent data. 2. Installation drawings indicating all electrical and mechanical connections. 3. Installation instructions. 4. Electrical and mechanical schematics. 5. Operations & Maintenance Manual (See Sec. 307-10.2.5.1(c). -15- TRAFFIC SIGNAL CONTROLLER SECTION 307-10 • INDEX 307-10.1.1 General Requirements A 307-10.1.1.1 Equipment to be Supplied 307-10.1.1.2 Type 100 Controller Assembly 307-10.1.1.3 Testing • 307-10.2.0 Equipment - Special Provisions 307-10.2.1 Detectors 307-10.2.2 Control Cabinets • 307-10.2.3 Auxilliary Equipment 307-10.2.4 Component 307-10.2.5 Controller • 307-10.2.5.1 General Requirements 307-10.2.7 Emergency Replacement Controller (ERC) 307-10.2.7.1 ERC Pin Connector Assignments s it f b -16- NO 307-10 - SPECIAL PROVISIONS FOR TRAFFIC SIGNAL CONTROLLERS 307-10.1.1 GENERAL REQUIREMENTS The controller assemblies shall conform to Section 86-3.10, "General Requirements", and these Special Provisions. The list of control priorities shown in Section 86-310A, "Control Priorities", is amended by the addition of the words "Monitoring Device" between the words "Flashing" and "Railroad Pre-empter". 307-10.1.1.1 EQUIPMENT TO BE SUPPLIED (per intersection) The Contractor shall supply traffic signal controller(s), in a fully wired Type "P" cabinet, complete with load switches, sixteen (16) vehicle detector amplifiers, conflict monitor (32 channel), and all appurtenant equipment necessary to operate eight (8) phases of traffic signals. All the equipment supplied shall conform to the pertinent portions of Section 86 of the Standard Specifications and to these Special Provisions. The following equipment shall be supplied configured for shelt mounting: 1. Controller Unit(s) 2. Detector Amplifiers 3. Conflict Monitor(s) 4. Emergency Replacement Controller(s) (if supplied) The equipment supplied shall permit eight (8) vehicle movements and four(4) pedestrian movements to be programmed for operation, and four (4) overlaps shall be available. Contractor shall supply all equipment or software required to accomplish the tasks and operations specified in the Standard Specifications and in these Special Provisions if such equipment is not specifically described, as though it was so stated and specified. 307-10.1.1.2 TYPE 100 CONTROLLER ASSEMBLY Type 100 Controller Assembly shall not be supplied. 307-10.1.1.3 TESTING Testing shall conform to Section 86-2.14, "Testing", and these Special Provisions. Testing will be performed by test facility designated by the City. Testing will be paid for by the City. Transportation prior to acceptance for successful testing results) shall be the Contractor's responsibility. -17- • • • • • • The Contractor shall notify the City fifteen (15) days prior to date of availability of controllers for testing. The seventh paragraph of Section 86.2,14C, "Functional Testing: is amended to read: "Functional test shall start on any working day except Monday or Friday or the day preceding or following a legal holiday." Test procedures for control equipment shall conform to Section 3 of these Special Provisions. 307-10.2.0 EQUIPMENT - SPECIAL PROVISIONS 307-10.2.1 DETECTORS Vehicle detectors shall conform to Section 86-5, "Detectors", and these Special Provisions. Lead-in cables shall be continuous from pull box where splice to road wires is made to controller terminals. Vehicle detector amplifiers for loop type detectors only shall be provided. The number of amplifiers furnished shall be as specified in Section 1.1.1 of these Special Provisions. 307-10.2.2 CONTROLLER CABINETS Controller cabinets shall confirm to Section 86-3.0, "Controller Cabinet", and these Special Provisions. • The rain tight, screened vent holes described in the sixth (6) paragraph of Section 86-3.07, "Controller Cabinet" shall not be provided. All controller cabinets shall be supplied with louvered vents with a glass fiber air filter as described. • • Labels on controller(s) and detector(s) shall correlate controller phase designations with phase designations shown on the plans. The controller phase shall be followed by the plan phase, e.g., I(OA). Each cabinet shall be supplied with a fully wired cable connector capable of accepting a four (4) phase solid state Emergency Replacement Controller (ERC). The E.R.C. connector provided shall be sixty-three (63) pin connector, AMP No. 205842-1 or equivalent, with pin assign- ments shown in Table 2.71. of these Special Provisions. The ERC connected to this cable shall control the inter- section using the connector cables normally attached to the intersection controller. To accomplish this control requirement, am _A161 the controller connectors and cables shall be connected to an adapter panel during ERC operation. The adapter panel shall also provide feedback protection for the ERC-to-standard con- troller circuits and the ERC-to-load switch circuits. 307-10.2.3 AUXILLIARY EQUIPMENT Auxilliary Equipment shall conform to Section 86-3.08, "Auxilliary Equipment", and these Special Provisions. Only the following equipment shall be furnished unless otherwise shown on the plans. 1. Monitoring Device (86-3.08C) 2. Solid State Switching Devices (86-3.08D) 3. Convenience Receptacle (86-3.08K) 4. Flasher (86-3.08L) The Convenience Receptacle shall have ground fault circuit interruption as defined by the Code. Circuit interruption shall occur on 6 milliamperes of ground -fault current. The option for red rest in both rings of operation shall be provided. The selection for red rest shall be made by a programmed function within the controller or by a switch located external to the controller on the wall of the controller cabinet. If the switch option is chose, the two positions of the switch shall be labeled to indicate the "RED REST", "ON", and "OFF" positions. 307-10.2.4 COMPONENTS Components shall conform to Section 86-3.09, "Components", and these Special Provisions. All fuse holders shall be provided with a protective device designed to prevent accidental body contact across the fuse body from end to end or from holder to holder. The device provided shall allow examination of the fuse without removal of the device (applies to clear bodied fuses only). 307-10.2.5 CONTROLLER The controller shall meet the State of California Type 90. Specifications (1978). The controller assembly supplied shall be as specified in the State of California Specifications, (1978), Section 86 and these Special Provisions. 307-10.2.5.1 GENERAL REQUIREMENTS (a) All equipment furnished under these Specifications shall be of the solid state design. The use of vacuum or gaseous tubes or electromechanical devices within the equipment will not acceptable unless otherwise -19- indicated. (b) Requirements outlined in California State Specifi- cations are applicable to auxilliary and associated solid stated electronic field apparatus whether or not setforth in detailed specifications. (c) The operation and maintenance manuals shall be supplied for all items supplied. Operation and Maintenance Manuals shall include the following: 1. General Description 2. General Characteristics 3. Installation 4. Adjustments 5. Theory of Operation a. Systems description (include block diagram). b. Field Trouble Analysis. C. Bench Trouble Analysis. d. Trouble Shooting Analysis Chart. e. Wave Forms. f. Voltage Measurements. g. Voltage Measurement Charts. h. Alignment. 6. Parts List (to include circuit and board designation, part type and class, power rating and component manufacturer). 7. Electrical Interconnection Drawing 8. Schematic and Logic Diagram 9. Assembly drawings and a pictorial diagram showing physical locations and identification of each component. (d)_ The program panel shall be clearly labeled to indicate principle of operation. (e) Programming functions and timing shall be entered utilizing a pushbutton keyboard supplied with the controller. (f) The logic circuits for all programmable functions, timing functions, and special operations shall be internal to the controller. No external logic or mechanism shall be provided to achieve these opera- tions unless specified herein. (g) Programming capability shall be provided to allow time of day and day of week special conditions. Controller shall, as part of its operations, maintain a time of day and day of week clock, which shall be generated by and stored in logic circuits internal to the con- troller. The clock shall be accessible for readout, use of the program currently operating and resetting. Time values shall be indicated "military" fashion from 0000 to 2399 hours. -20- (h) Memory Features - Vehicle detector acutations received pertaining to phase of traffic when red or yellow in- dication for that traffic phase is displayed shall be remembered and shall cause the microprocessor to provide right of way indications for that traffic phase at the next opportunity in the normal phase sequence. A method shall be provided to disable the memory function. (i) Pedestrian push-button actuations received for a traffic phase during steady or flashing "Don't Walk" indications for that traffic phase shall be remembered and shall cause the microprocessor to provide "Walk" indications at the next opportunity in the normal phase sequence of the microprocessor. (j) The recall of each traffic phase shall be controllable as follows: (1) The recall for vehicle shall have a condition defined as "Off", the traffic phase shall operate normally with the right-of-way granted to the traffic phase only upon a vehicle or pedestrian actuation or both. When the recall is programmed to vehicle recall "On" the effect of a remembered vehicle detector actuation shall be attained. (2) With pedestrian recall programmed to "On" the effect of a remembered pedestrian push button actuation shall be obtained. (3) The controller shall be programmable to obtain, in any phase, the maximum green interval. 307-10.2.7.1 E.R.C. CONNECTOR PIN ASSIGNMENTS Connector -AMP No. 205842-1 1. AC- 11. 2. AC- 12. 3. AC- 13. 4. AC- 14. 5. Chassis Ground 15. 6. Chassis Ground 16. 7. 115 VAC 17. 8. 115 VAC 18. 9. 115 VAC 19. 10. 20. 0 A Green Arrow 115 VAC 0 A Yellow Arrow 115 VAC 0 A Red 115 VAC 0 A Yellow 115 VAC 0 A Green 115 VAC 0 A Don't Walk 115 VAC 0 Walk 115 VAC -21- L 11 • • E [: F, 21. 0 B Walk 115 VAC 43. C Flash 22. 0 B Don't Walk 115 VAC 44. 0 B Minor Detector 23. 0 B Red 115 VAC 45. 0 B Ped Detector 24. 0 B Yellow 115 VAC 46. 0 B Ped Detector 25. 0 B Green 115 VAC 47. Chassis Ground 26. 0 B Green Arrow 115 VAC 48. 0 B Walk 27. 0 B Yellow Arrow 115 VAC 49. 0 B Yellow Arrow 28. 50. 0 B Green Arrow 29. 51. 0 B Green 30. 52. 0 A Green 31. 53. + 24 VDC 32. 54. 0 A Yellow 33. 55. 0 B Yellow 34. 56. 0 B Red 35. 57. OA Red 36. 58. 0 A Walk 37. 59. 0 A Green Arrow 38. 60. 0 A Yellow Arrow 39. 61. 0 A Don't Walk 40. 62. 0 C Flash 41. 63. 0 B Don't Walk 42. 0 B Minor Detector 64. 307-10.5.0 SPECIAL FUNCTION REQUIREMENTS 307-10.5.1 GENERAL REQUIREMENTS (a) All special functions shall be generated by programs internal to the controller. No external logic or equipment shall be used for this purpose. (b) Copies of all documentation, including flow diagrams used to develop the special functions called for in this section, shall be provided as specified in Section 2.5.1, "General Require- ments" of this schedule. 307-10.5.2 TIME CLOCK FUNCTIONS 307-10.5.2.1 The provisions of Section 2.5.1 (g), pertaining to time clock operation, shall be enhanced and expanded by this section. The following provisions are intended to provide specific opera- tional capabilities through software provided with the equipment to be supplied. -22- 307-10.5.2.2 The following capabilities shall be provided in each controller supplied, and each is to be related to the time clock provided in each controller per Section 2.5.1(g) of these Special Provisions: a. Begin and end flash operation including restart program (solid red, followed by selected starting phase). See Section 5.2.3. b. Change of cycle length by time -of -day (TOD) and day -of -week (DOW). Section Section 5.2.4. C. Sychronous operation by T.O.D. See Section 5.2.5. d. Day -of -year (DOY) may be provided and available for control strategy use. e. Display TOD, DOW & DOY (if provided). See Section 2.5.1 (g). f. Change of cycle sequence by T.O.D. See Section 5.2.6. 307-10. 5. 2. 3 Flash operation shall be attainable through the software provided. Means by which a flashing operation may be started and ended at the same time each day shall be provided. When selected, a time shall be required for both the beginning and end of flash operation, and the setting of a special character (0 for "Off", 1 for "On") by manual insertion or remote signal, before the programmed operation shall function, will be required. When operated, the signal shall begin flash operation, after the time for such operation has been reached, at the next all -red - condition in the normal cycle. At the time for end -of -flash, an all -red condition (variable from 1-15 seconds) shall occur. After this all -red period, the controller shall resume normal operation in the same manner as if a power failure had occurred. 307-10.5.2.4 Change of cycle length shall be available by T.O.D. and D.O.W. clock. Means shall be provided to program three (3) cycle lengths (1-999 seconds in one (1) second increments) which will be selected by the program if required. If no cycle length is entered in the memory address currently called for by the program, a minimum cycle length of sixty (60) seconds shall be timed if controller is operating as a fixed time controller (without detection). The controller shall operate free running if semi -actuated or full -actuated and no cycle length is entered in the memory address currently called for by the program. Changes in cycle length shall occur at the beginning of green of a designated phase. The phase designation shall be programmable, and shall be the same for all changes of cycle length. -23- 307-10.5.2.5 Synchronous operation shall be provided in each controller through the time clock operation. This operation shall permit all controller to yield to minor phases at a given time relative to some common point generated by each controller. This operation will function properly only when all controllers are set at the same time of day, (synchronized). Synchronous operation shall be possible with any of the three (3) cycle lengths available (See Section 2.5.4). The YIELD POINT shall be defined as that time in the cycle at which calls from minor movements shall be accepted and serviced by the controller. The YIELD POINT shall cause the vehicle clear ance interval to begin on the coordinated phase(s) in the pre- sence of side street calls. The YIELD POINT shall also be the beginning point of a period of time called the PERMISSIVE PERIOD, which shall be programmable • (1-99 seconds). During the PERMISSIVE PERIOD, calls received on the non -coordinated phases shall be serviced in sequence. Calls received after termination of the PERMISSIVE PERIOD will be serviced after the next YIELD POINT is reached. 307-10.60 PAYMENT 307-10.6.1 GENERAL A. Payment for each controller shall be made according to the following criteria: • 1. Deliver to test facility - 40% (less retention) of lump sum bid. 2. Twenty (20) days after certification of equipment by test facility - 60% (less retention) b. Contractor shall present statement to City as required in the General Requirements. Statement shall reflect the events in Section 6.1-A above and the date(s) applicable to each. 0 -24- • • • • CITY OF HUNTINGTON BEACH THIS CONTRACT REQUIRES THAT THE LABOR LAWS OF THE FEDERAL GOVERNMENT BE ENFORCED BY THE CITY OF HUNTINGTON BEACH. THE WAGE RATES REFERRED TO IN THESE DOCUMENTS ARE INCLUDED IN YOUR CONTRACT. LABOR COMPLIANCE City of. H.B. (4a1111 AIIOU IUY.:F:N;J1: ; I.AlUlt SUNDARIG AND t'RLVAIl,[i:-: WAGE RIQUIREMENT:: " - 11J: THUCTIOIMS .............. City H.B'1;;tJ(<Ce1PIT1IAr'IOR'" CFJITIFICA-1-IiIN CUIICF:Rlltic LALUR STANPARIAS AND PREVAILING WAGE' REQUIIt TENTS" - 4 COPIES .................. F:14t'1.OYLL C)•:R'rT".CATE: UF AU111ORILATIOIt................................... ARI•:A OR PROJECT WAGF; DETERMINATION FOR 7111 , CONTRACT .................... U. S. I.fsl'AII'l1i1:1!'f OF LABOR 1•YA0 1+11-347, PAYRULI. .......................... U. S. DF.1'AR71;I N't' OF LAIIOR FORM t•AI-348, STATI.1 ::JT OF COMPL1AV17........... U. S. DEPARi1d[:UT OF LABOR F)RIM WII-347, PAYROLL, (NO WURK 1'fifilUliA:l':U)...... 1N."VIIUIC11O11S FOR COMPLETION AND 51111MISSION OF '111F: WEEKLY PAYROLLREPORT AND ADDITIONAL INFORI•IATION ............................... Subinission of Weekly Payroll Reports ................................... Partnership, Piecwurk or Prof it -^haring Only Wurk ContracLs- Colwivi (3) of Exhibit G-A............................................... Workman 1'eri'orminr Work on the frojecL in More 'than One Cla:isifical.ion Gl:e:;cificatlenr, That Are Not Required to he Llal.rd on Payroll IIQIInrt.. Stumice L-4plovmcnt of Students ........................................... Youth Poverty, and Ftinpowcr Training; Progrwms ........................... Wage Appeals l3uarel...................................................... MTlilr..•1 Id.Q11IHErII-311'S 'MAT F;U;;T lilt :-60W(l Ili IIIF, UN.11MN:; OF 1'AYRUIJ, FOR11 MI-347..................................................... E�i.611,1;; 011 HOW O Eii'!'Eli Tilt, R1•:QUIRIS) INFORMATION 01111.114E, [11 EXIiIH1'1' r;lR!Dl:fl (ti A.............................................................. INSTRUCTIuMS ON RUW 1O CUFU'LME THE' STATEME'll]' OF COFU'LIAp;Ci', ............. Iiepurtine,. of the 11-isic IL-tte of Fringe Benefits Paidiii Cash ............................................................ 10:1.arting of Overtirm-- P:iyv,cut of the 1Liuic and Frinl;c ltcieefiLs Paid in Ca:h................................................... PF:RVISS IA: PAYROLL DI;DUCTI. Otis: .......................................... 1:rll'LU1I•3-14T OF ...................................... CUNIHACi01t'S RATIO OF API'llF;NI'TCFr;/'1')iA:fNl•:I'.S TO JOUR111':YiiF:iJ. ................ I AH1' if i.AwR ;TAlIUt0d)!, FOR fiA'1'10; 01' i.{'I'IIF.a'1'(C(: AM) TKA1 t;Ei'.:, TO J01IM41-704 N ON FFI)EIiAL AND FFI)i•:IiAI.1.Y ASSISTED CONS'IRIXTIoll ............ PRACTICE IfI:FUIU: 1111•; WAGE AI'1'EM-S I'UAHD.................................. Parpuse end Scope ....................................................... Who mrLy file petitions for Review ....................................... Where to File ........................................................... ,.lien to File............................................................ Content:; of petitions ................................................ Filing; of Wage Determination Hc.iord by the Solicitor .................... PresenLations of Other Intercutcd N�:r,;uns .............................. Uir,position Ly the gage Appeals I.'hard................................... ;�n,�livn •• .. � • � . t 1 21 't 4 6 7 (1) G 6 6- B 7 7- ' 3 Paj• jAM.F. UP f.U;1'Ii:ai; Rovlew of Debarment and Liquidated humiges Pi•„ceedinp ................. y IievleW Of DcC13lon3 of the Solicitor of Labor Olhcr Than Those In Wage Determination and Debarmont Proceedings ................... 8 lUght to Counsel....................................................... N, Intervention........................................................... 13 Consolidations......................................................... El Oral Proceedings........................................................ 3 Public Information...................................................... E3 SUPPLF.T11i14TARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, ARTICLE 1- LADOR STANDARDS (Must Be Included In Contract Agreement) ................ 9 Page 2 0 CITY OF HUNTINC,TON BEACH CONTRACTORS CE127'IFICATION • CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO: Paul E. Cook Director of Public Works City of Huntington Beach • P.O. Box 190 Huntington Beach, California 92648 • c/o EEO Coordinator Project No. Project Name 1. The undersigned, having executed a contract with for the construction of the above identified project, acknowledges that: (a) The Labor Standards provisions of the Supplementary conditions of the Contract for Construction are included in the aforesaid contract; • (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. • (c) He is aware that he will be required to execute the Contractor's Prevailing Wage Certificate, as a condition of this contract. 2. He certifies that: (a) Neither. he nor any firm, corporation, partnership or associa- tion in which he has a substantial interest is designated as an.ineligible contractor by the Comptroller General of the • United States pursuant to Section 5.6.(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a-2(a)),or by the City of Huntington Beach. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the afore- mentioned regulatory or statutory provisions. (c) To safeguard against discrimination on the basis of race, color, creed, sex, age, or nationality, there is compliance with Title VII of the Civil Rights Act, and Equal Employment Opportunity Act of 1972, and this compliance shall continue. Page 3 3. He agrees to obtain and forward to the City of Huntington Beach within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontrac- tor:i, a Subcontractor's Certification concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractor. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A single proprietorship (2) A partnership (3) A corporation organized in the State of (4) Other organization (describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: Name Title Address (d) The names and addresses of all other persons, both natur::il air.! corporate, having a substantial interest in the undersigned and the nature of the interest are (if none, so state): Name Address Nature of Interest Page 4 u (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned • has a substantial interest are (if none, so state): Name Title Trade Classification • • • Dated: • • i i a Contractor By Page 5 IN LIEU OF PAYROLL When a Subcontractor performs rms the work for a project by himsclC the following statement is required IN LIEU OF PAYROLLS. This must be ACKNOWLEDGED BY THE PRIME. This is to verify that the undersigned SUBCONTRACTOR is the sole owner workman (or consisting of ( ) partners) engaged in completing the work of the sub- contractor and that no other person leas been or will be employed in connection with this project. Please submit original signed letter. ACKNOWLEDGED BY PRIME CONTRACTOR Signed Signed Date Please Identify Project Name and Project Number. 'k Page 6 CITY OF MUNT11NIG`rON LEACH OUBCON► RAC►iOW.") Gle,i1TI1+ICAT10N CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUlREMtl;;NTS TO: Paul E. Cook Uirector of Public City of Huntington P.O. Box 190 Huntington Beach, c/o EEO Coordinator Work:; Beach Ca l 1. l'c►r-nia 92003 Da.Le Project No. ------- - - -- -- Pro j'ec t Name _ 1. The undersigned, having executed a contract with for contractor or subcontractor nature of work in the amount of $ In the construction of the above identified project, certifies that: (a) The Labor Standards Provision.; of the Supplement:Iry Coed-C= t:i.ons, of the Contract for Construction are included in ,,;he aforeoaid contract. (b) Neither, l:c: nor any firm, c:orpor,.0 i on, pat,Lneroh i p ov nt ;:;ocla- t .ion :i ►t wh i.c:h 110 h:t:: It :.ubutanti a 1. Lntol'o.-O, i z, do"'O t7liatt'd rt:; :in i rloI .l;'tl► le contruc:Lor by tht Collipl.rollet• (1011or:11 M i'lu: U111t6d SLaL(n; F►ur:,ututL to :10;�tlort '>.( (h) o1' the Icegul:ttlon.; of L-hr. Secretary of Labor, .l aVi; !i (;19 CPR, Part 5), or pursuant- to Section 3(a) of the Davis -Bacot: Act, as'amended (40 U.S.C..276a-2(a)). (c) Nu part of the aforementioned contract has been or w:i 11 be :subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which .such subcontractor has a substantial Interest is clesi gnat:ed as. an ineligible contractor pur•:;uant to the afbrc?sa.ia: regulatory or :statutory provisions. (d To :-afrt,u:trd araJnat discrim1nat:inn on th., ba3i.,; of, race, color, r.reed, oox, alre, or nationality t her►? is comtli i'll1Ce with TALlo VII of' the Civil- Rights. Act, and Equal Opportunity Act of 1972, and Wilu compliance shall continue. 11c�. rig;r•crr:: Lo t)t�1:4ti n :tucl 1'01-w INI L43 Uk, c.OrtLV0!1,01•, for L1':ttt.;rr.1ttai Lo 1.ho City of 1lttrit. 1 rit;i:r►tt 110,1ch III toll clay:3, rtl'Lf'r tttt, t!Xecut, ion ul' any 1()wr;r Lint• ::11beolt,rac:i., :;ttht:otrl:rZc:tc�t�.'.:: Cc�t•tiflc:rit.i.c>u Labor Standard...; rd..; stud Provai. l .i til. Wal-'o Hpquirtnllollt o, oxccut.cii by tale lower Ll.t�r :;ubc:urttp.lt:tor, Page 7 (a) Tlie wt,I'km(.:n wi.11 repurlt: !"or' duty on or about 3, Ile certifies that: (a) . The legal. name and the bu:Ariess addresa of the undersigned are: (b) The unders il;ried i s : (:1.) A s :i n h l e p ro p.r i c t o r;; h.i. p —� --- ----.... �----- - - — - (2) A pair t ru'r , h 1 p — � ..---_—..— ------ -- ------._.._.. (3) A corporation organized in the State of (c) The name, title and address of the owner, partners or officers of the undersigned are: Name Title Andre:» (d) The r1anvUn; and addl't1: nes of al.l o) her pev.,on.3, both n:1tU1'a�. .'Md COVpOr'IltC, IULV i 11}r a ,;ubStant i al. -l.ntt.'I'oot 111 the 111u101 - :;_l l;ned, and the nature of the Interest art` (if zion `, :;o .;Lat't' ) Name `1'itl.c Nature ut DI'Loroot `e Page 8 (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (if none, so state): Name Address Trade Classification i • f a a Subcontractor By Signature Type name and title page 9 ��. SAMPLE CITY OF HUNTINGTON BEACH SAMPLE SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO: Paul E. Cook Director of Public Works City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648 c/o EEO Coordinator Date May 15, 1975 Project No. CC #888 Project Name Capital Way construction 1. The undersigned, having executed a contract with Johnson F Sons contractor or subcontractor for carpentry nature of work in the amount of $ 12,000.00 in the construction of the above identified project, certifies that: (a) The Labor Standards Provisions of the Supplementary Condi- tions of the Contract for Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation•, partnership or associa- tion in which he has a substantial interest is designated as an.ineligible contractor by.the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor,. Part 5 (29 CFR, Part 5), or pursuant to Section 3(a).of the Davis -Bacon Act, as amended (40 U.S.C.*276a-2(a)). (c) . No part of the aforementioned contract has been or will be oubcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is de.s igriated as an ineligible contractor pursuant- to the aforesa i.d regulatory or statutory provisions. (d) `1'0 safety ,ua.rd atrai.n..;t d.iscriminat�ion on t:he basis oi' rr1 e color, creed, sex, age, or nationality, there is compliance with Title VII of the Civil Rights Act, and Equal Employment Opportunity Act of 1972, and this compliance shall continue. 2. He agrees to obtain and forward to the contractor, for transmittal to the City of Huntington Beach in ten days after the execution of any lower tier subcontract, Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. Page 10 (e) The names, addresses an(! trade classifications of all other building conutructi.on contractors in which the undersigned has a substantial interest are (if none, so state): Name Address Trade Classification • ! 'John Johnson (Subcontractor) SY Al CIA'. - .Signa re John Johnson, Owner Type name and title Page 11 4 (a.) The workmen w.1.1.1 report Cor duty on or about July 1 1975 DateY- _ 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b)' The undersigned is: (1) A 'single proprietorship (2) A partnership (3) A corporation organized in the State of (c) .The name, title and address of the owner, partners or officers of the undersigned are: Name Title Address John Johnson Owner 1020 Dry Gulch Rd. Huntington Beach, �— 92646 (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the under- signed, and the nature of the interest are (if none, so state) Name Title Nature of Interest Page 12 (EXHIBIT 1)- SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS Four copies of the form must be completed in accordance with.the following instructions: , T Date: c/o *Project No. *Project Name • 1. Enter (nature of work) as per your "sub -contract agreement". If all or any labor is to be subcontracted, please include the name(s) of the subscontractor(s). 1. Also indicate if materials are included in the sub -contract. • Examples: a. Labor and materials for rough carpentry. b. Labor only for rough carpentry.. c. Labor subcontracted to. (If there is not enough space in Section 1, you may complete the description on a separate sheet of paper and attach to the form). ANY FORM WHICH DOES NOT LIST AN ACCURATE. DESCRIPTION OF WORK TO BE PERFORMED'WTLL BE RETURNED AS UNACCEPTABLE. 1. Dollar amount of subcontract awarded. (As per subcontract agreement). 1. (a), (b) and (c) - self explanatory. 2. Self explanatory. .2(a). Approximate date that subcontractor will start work on the project. 3(a). The legal name and the business address of the subcontractor. **3(b). (1,2,3, and 4) as applicable. (List the names of all principal parties if the business is a corporation - Section 3(c) of the form. 0 r Page 13 **3(c). As applicable. **3(d). As applicable. word "NONE"). **3(e). As applicable. work "NONE"). (If this section does not apply., write in the (If this section does not apply, write in.the Subcontractor: Self explanatory. By (Signature): Must be signed by the owner, partner or office of .the corporation. Typed Name and Title: Self explanatory. SUBCONTRACTORS WHO EXECUTE A LOWER TIER SUBCONTRACT. MUST OBTAIN FROM THE TIER SUBCONTRACTOR AND FORWARD TO THE GENERAL CONTRACTOR FOR TRANSMITTAL TO THE CITY, FOUR COPIES OF THIS FORM. IMPORTANT NOTICE 1. IT IS MANDATORY THAT ALL SUBCONTRACTORS HAVE ON FILE WITI•I THE CITY TO THEIR START OF CONSTRUCTION OF THE PROJECT, A FULLY EXECUTED CERTIFICATION. *2. THIS PROJECT NUMBER AND PROJECT*NAME MUST APPEAR ON ALL PAYROLLS PERTAINING TO THIS PROJECT. **3. TEN PERCENT OR MORE. No individual firm, corporation, partnership or association which is now under any Federal debarment, suspension, or listed in the Com- ptroller General's Listing of Ineligibles, or the Commissioner's Section 512 Control List may participate in the benefits of the City Act as either prime or subcontractor. (Benefits of participation are considered as applying to the farthest removed subcontractor engaged in the construction of a project). . Page 14 0 • • (EXIIIBIT' 2 ) EMPLOYEE CE:IVrIFICATE OF AUTHORIZATION It is hereby certified that the employee listed below is the person authorized to compile the weekly payroll report, execute the "Weekly Statement of Compliance", distribute the wages to the employees and complete the various forms pertaining to the prevailing wage require- ments on behalf of the individual, firm, partnership, corporation or association in connection with the construction of the project: roJec um er r53ec aire Type or prinE name of Aut orIze gnature Zif rulthorized PerlBn Person) Name of individual, firm, partnership, corporation or association: **Signature (s) of Responsible 'Individual (s): (Signature) Tit e (Signature)MEN) ignature it e ignature Tit e Date: **This certificate must be executed by the responsible person(s) whose name(s) (is/are) listed on the subcontractor's Certification concerning Labor Standards and Prevailing Wage Requirements. (See Exhibit 1). In the event that the employee listed on this certificate has been replaced, it is required that a new certificate be submitted covering. the new employee. NOTE: RETURN THIS EXHIBIT TOGETHER WITH THE SUBCONTRACTOR'S CERTIFI- CATION CONCERNING LABOR' STANDARDS AND PREVAILING WAGE REQUIREMENTS. Page 15 (EXHIBIT'3) EFFECTIVE WAGE DETERMINATION Wage Determination Number Modification(s) and supersedeas decision(s) to the Wage Decision Number(s): Project Number: Project Name: Project Location: The attached wage determination and modification(s) stipulate(s) the MINIMUM basic hourly wage rate(s) and fringe benefit(s) which may be paid to the classifications that are to be employed on the construction of this project. A COPY OF THE DETERMINATION AND MODIFICATIONS) MUST BE POSTED AT THE CONSTRUCTION SITE IN A PROMINENT PLACE READILY ACCESSABLE TO ALL WORKMEN. CLASSIFICATIONS OMITTED FROM THE WAGE DETERMINATION Regulations of the Secretary of Labor, 29CFR 5.5(a) (1) (ii),•require that any classifications which are not listed in the wage determination and which are to be employed on the construction of the project, shall be classified or reclassified conformably into classifications listed in the determination which are similar in duties and wage rates. In the event that any classification must be fitted into a classification listed in the wage determination,,it is required that you contact this Agency for assistance. ALL CLASSIFICATIONS THAT ARE TO BE EMPLOYED ON THE CONSTRUCTION OF THIS PROJECT MUST BE LISTED IN THE WAGE DETERMINATION OR ESTABLISHED PRIOR TO THEIR EMPLOYMENT ON THE CONSTRUCTION SITE. LIST of LABOR CLASSIFICATIONS PROPOSED BY THE CONTRACTOR: Page 16 U. 2 cw-qvwcmT OF LAS*ft PAYROLL —all ..o -ov- —0 rust.4 Mitw 0 —.S& 44-a-2$2 C&.*,ACvs eA a.o.s (For Contracter's Opfionof Uses See Inshuction, Ferrn WN • 34? Insf.1 MA-9 Or CCP.TOACTQM an suecohrsmCTOR 0 VA-VOLL -0 Me wctx CkVM4 PAGIIECT AftO L9CAT10% on CO%,*^Ct No Iss W sit too 1VO4L ROTC coon D"We"afts IfR blau"s OF PAI AWOJkT p"a mmc"cd T" rowfCA #11 OL AcDocss, A"3 SM SM.0, StCUMIr# wjwot,* OF V-PLarst SION as Us GAT AftO G&fC WOURS"OnM EII A *at I s 0 s T Oil 01 S. . \. /vim ../r•I,,.I N�1 .:Wr. t 1 1 -cal 1 pap or wpart sr the parnem of the persons el .P;o. ed by on the I. o..•[wt «•.«rain«/ It•.devt er.wtt that duciog the payroll period commencing on the day o1 19..,_, and ending the —day of. . 19 all persons rrrployed on said project have oven paid the full weridv ..Res earn.!, that no rebates hat v barn or will be made other dsrcvJy or sn itrcedy t0 or an Ischalf of said from the full t E.ru•nar or M.k[MR•[Mft weekly agm- reed by any person and that so deduc000s bave been made ether dlrretly or isseandy ham &a fun wags rased by any person. other than pernussible dedveb"b as defined In liMulaeoae. ►an i (29 CFA Subtitle A). issued by the teeeerary of Labor under the Copdaad Aft ae amesded 146 Sant 945.63 Staff 108. 72 Slat 961. 76 Stat 7Si, e0 LI.S.C. 276e), and des- cribed bsiow: so iD QQ OO f2) That any paysaBs otherwise under this contract rtautred to be subsolned for Use above paned are terrect and eompanS that the wage rams for laborers or nerbanlcs contained therein are not leas Ibea the applicable wage rats coataiord is any sage detrrmseabon incorporated into the eoolson. that the dassicaserts art forth therein for each laborer of marhanic conform -ilk the .ark he perform@& (3) Thal any oppreetsem employed in the above period are duly regntv►ed in a bone fide ►ppresuresh/p program registered with a State apprenoenbip agency sereIgnlaad by the Bureau of Appsenoes►tp sod Train&&& United States Dtaartmost of Labor, or d so sveh recognised agency exists to a Sett are reglstered with the Bureau of Appreaticesh:p and Training. Vnitrd S:atrs Dxparteaon of Labor. (a) That (a. W14CRE FRI%GE BENEFITS ARE PAID TO APPkO%'ED PLAYS, FUNDS. OF. rROGRAMS In !hie .owtact sae Leer. or . ht —0%'1, +F, :. y:.s.r ; n! for :Se loner.: f.f ►u et fT',I:Gt ff 2. rarr�l rs noire In err!.['- 3t ` . +... a it.1 11ERtFi.!NC-EWEN i:FITti.,ri'1-A:U;NCASH •���'. - Each laborer or sr echanie listed In the aba.e sc!r:ra.ed i a.:1111 has barn paid. as indicated or. tbt pa.rull. an amour: not :rar :!.an :he sum of the applicable basic hourly •.age rate pies the arvt.unt u! t!t rr;ulred Ir•r.ge bracfsts as listed it.. tee contract ttcrpt us noted :n section etcl Mlow. (c) EXCEPTIONS A11 IaLM WIS -.Vt aw0 rust SK.�•rvaL T..f wIL OL NLS.rsCailO•+ OF awe Or T..[ aar.f Slrrlvi%TS •.at SUar/Ct THE CO.IorCTOrs _ In addilion to the basic hourly wage rates paid to each taborer or mechanic Ca SLOCOwTgse TOO 10 CIVIL Ca CO-1A, rp.^St Ct.»O+ Sir SEC 1,Ok .Oil the WLE Ira aw0 I listed to the above referenced payroll, payments of fringe benefits as listed 1 SICt104231 Or n1LE at Or THE tPs•'EOSI•TES COOL . ► lie•t• 1..r ...a.wC O.rKE Vt.* O- 307 - 327 9 Y 1 Og Pa ATYtlsv Of Labors $.w. eatn.•Jr *sae •w0 eOYrt •%a *trNee STATEMENT OF COMPLIANCE 0vdave sti .. N. of 01*$$ c dw T4 e4 is O."s.ewl Date 1. de krn•Irr state INN.* Of eiruta.T seep# e u r .(I t That 1 pay at sYPorMte Ike ParmeM of Me Person* *mPlayd by ww ww1.•f I N . t MN.r1•.1 IN ; that dwsas Nto pysell Period C~oaerna on ON �._dN of 1 wlarwa er wf ! 141— ead ending Me_de7 of —. ISM. NI panes swylurN on *•td P1.y041 hero been Paid %%a I ul wasaly wages serwN, that so #*bases Mee Men at will be made *&that directly at sadrtetlr to of an kthelf a1 4atd Item the hill weebly waste earned by any person area $list o* deda4nows Nv. t wilNftN H .MIMtf1 been s.do owhor directly at eodsmeltr frees Ike fell waste earned ►T any Prison. other there proolstrMe draw tows *t d. t.w••1 is Retslatsewa. Pew 7 (!S C/R SuNalb A), leaved be the Secretary of lab" tender the CN*land reel. so senewdrd 1411 Seer 049 {S SIN 100. yJ Seat 967. 76 Slat 3S7: 40 U S.0 316c), and de4eribad Wow. 17) Thai any Psytolls otN.wtoo under Ike* temrort required 14 be eabtaelld for tit* above Peeled are renerl and coveplert. that the wage more fat bbarnsof mtehaoie4 eonlollmd 0leroln an MI Its* Iban the applicable wag* rates Contained to any w*50 dolrnw$wNlan riot*morafod into file cMlreiC /has do ehaaAeeliewa eat brih Ummen for each taboret of machaaw con - town with two eeaA ho Performed (3) That *war opproatict* eeoplered in M* above pried 4m dulr reaNtie"d to a ►an@ Ie4f aPPeoMeeeskip Poorest repslfwd .ok s State 4PPrf I.ce*Inp apoey ►oea{oNed by Ike Rumau of Appromectehg sin Training. timid Stotts Depe.lw**I of Lahr. of d no suck rotognse*d a{ewer @%less M a $left. an fe{IsNtod week Ili* Narrow *I Apetrwtereakep and Trs.oeog, United Wass4 Dg4rlkeeas of Label N) That: (at WIRL FRINGE BENEFITS ANE PAID TO APPROVED PLANS, FUNDS. OR PROGRAMS Q- to addition la the basic kowfly wage eat$* Paid to sash taboret of m.CNreic 16e4*4 to Ih* abs-0 tetfnwcod Par - sell. poymMf of hoop banNots at, tissues In sea compact have "to or will be mode to appropriate Peegrams lot I%* benefit of such ealplarsas, eaeopt ea #raid M $ecusn 44e)►elow 'I (►) WHERE FRINGE BENS/ITS ARE PAID IN CASH Q• "Eee% Lebow# at owehente listed Ye Ion above mfemac*d permit has Men pees so eadeceled a* Ike porn'&&, are fr*ount real ►tea iba4 she ism of Ion apNiteSle basic hourly wag* rate plus the waaum of the rooluemd bins@ baoffele as teased IA the seuraeI. we"I do anted to 09e16en Kf) below fit EXCEPTION$ IICE aTIOM ICSAPT) 41PL&HATioss n w ae. bawd tYM •w4 0at.al@e41T.9e. OF Aef- sea Tina 606.4 IT a Taws" IS raI Susie It T.4 iew Ia. 4 fan On Woeewt e.4 Too TO to@r► an reaegeYTrew fee eaet$*w too$ 0r Mite to ewe 44et1er tat Or TIVL4 0 a* two Yw.T*0 of&To* e 004 Form WN-34e(1168) Page 19 (MISIT 4-A Contlousid) INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE !his statement of comp;tanee Teels nerds tesulling from the nmendmenl of the Davis. Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as pre-dctcimined by the Departmi-rat of Labor in addi• lion to payment of the minimum rates. The contractor's uhligation in pay Innge benefits may be met by payment of the fringes to the various plans funds, or ptograms or by mak- ing These payments to the omplirvees as cush in lieu of fringes. The contractor should show on the face of his a roll ril monies aid to the employees whether as basic rites or as cash in lieu of fringes The contractor shall repr-sent in the e� statement of compliance that h9Yin� to ulhr3 hive-!j required by the Contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who p;y I reclutred (tinge benefits A contractor who pays fringe benefits to approved plans. funds, or prngtams in amounts not less than were determined in the applicable- wage decision of the Secretary of Labor shall continue to show on the face of his payre'l the basic cash hourly rate and overtime rate paid to his employees. just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans. funds, or programs not less than the amount predeteimined as fringe benefits for each craft. Any exception shall be noted in Section 4(c) Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the - straight l,me hourly tale column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for eath clasci- ficalion in lht 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 shalt 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 lime rate. To simplify computation of overtime. it is suggested that the %traight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column, thus S3.25/.40. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficineey directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor mV check, shall be entered in Section 4(c.). Enter in the Exceptioncolumn the craft, and enter in the. Explanation column the hourly amount paid the employees as cash in lieiiof fringes, and the hourly amount paid to plans, funds, of programs as fringes. Page 20 i • Y S CEPAR1W or ayilOA IIa � C a+i w� • . -� IYII.0 I�rZii\1i� L (For Contrco 's O;:licnol Ua4; Sc• la4tru mcn. Form WH - 347 ln%L) i �• i•nl A-•r•Ird. 0•iia eru. \• 43 A149i wAWS Or CCArxh: row OR SUMCOv:RACTOR L_J I AyJM-SS dotes 6 Sons, TUC. 1331 !larch Late. Los Angeles, CaliforaLs 90047 Ia MOLt r.0 fOtt Wtirt EKZ;.-.° i10.ECT ♦AO l04T,Or, �OCANCT OR CG%TRACT r0. 12 - twlee totbes 24, 1472 tiort6 art*eots, C+rrrillo. Coliforata 122-00100 all ta, "'1 AV ZA4 .a, tsa .7/ N, .�• wa..E. ►%ONUS. AMC SECUO.Tvk SOG+t SLCYR:Tr wuaasf„ �? a i4• w�.RQ C 1 TOTS: ( •►Tt Gt•OSS OCfuC'nQ%% AE7 w-G&s •� w0`�.wC Orwll TOra� eOC{I C.Att%:J1I�A.Y Rout of PAT W 1y E,Cti PAZ ti �, MOuV AVAAEO 4OaT to f rOr wttK II IS i • I rVi iAl ,1114 1 /4 J _ it ) lAY1t0LL TtaM d�@• AI. Sic"Tc Cm L SAY Or ZHIS row DI 7 �S7 fEr SOa1QTlLD WITH AN anqu ' of ---------------- t ► t I 1 f i . �aw.r rS .•twr.•rr Nr'71 t 7.►p An teeny (tare: 1 t - :at 1 pay or supervise the paymc.:t u! :he persons rW..p:oyt.; I.y on the .! ..w:•.rar a.r ta.Ka..::uwtt t :•�•i...s ar . r.:l that during the payrr.l! period conm:ncii; o. the dhy al_ 19_. and cad.ce :he_da or _is_ pcae etr.plo?rd on said projathace:,m paid :he f.;!* r c.40y .ales earned, that . re',atts havr oar.. or .d01 bt made tither d.recuy or ind;reedy to or on beha„ of fa:d r"1 ' .Caatrattar of tabMatr..wr} from the fun 1� e.•eekly sages earned by any person and that. ro dteuctions at;e:.tca naveC.:her dirccey or !; :ndtrerly (rent Ow faU rages ear im; by any person. tdbc• sn yerz.as.ale t duct:uns Ps dcf;ned b wk H r;ilaeaa:e. Pais 3 (29 CFR Subtidt A).:ssased by the Secretary of Labor wader the Copelat.d U At% ..n amended (44 SIAL 946.63 Slat 106.:2 Slat b67; 76 Slat, 357;40 U.ZC 276c), and des- v cr.I.c! biome: Ln X S: 7 (2) Thal any paylons otherwise aader this eontiae rtnu;:ed lobe subrrimcd for the above pared b:. correct and com):letS :h .: Qhe Wage rats !rr Iaba:ers or tried:airs cuntairtd lbirMes air nay lets t!ays the appl cat:e u36c rates to: sine! at. any wage drer.r.lt.avaa :acerporaled into tie comr.e:; :has tine e!e•s.fca:joss set !cfth--%cwc.n !or etch :ab..re: or m .haidc eo:.!tsrra'wtlk the vart%tDe:!ormed. t 3) zat any apprrntics rrnp;...- ed le :he stove period are dsag r.g.stcrtd in a bona lidt appier.• ceship prti,;ra.•n rrg:stt:ed Wa,!. a Swe a, pr.:5cur.'.p agrecy recognaed by the bureau of Apl•:,V.ueesh.p and Traiar: g. Caecd °:a:vs Driarmen, of Lanor. or :! a., such n%o;rued agewy e%iats in a A:cte. arc'reg,s:ettj Witt. *-%t )t+r:aJ of App:s•rtctsMA end Train;ng. United acinutn .. ••r `e.a nr a::I ! ey_. .a _py .a:r ;troy:ar..s lui :hr ? ..: of s .eh e•hp!,,yecs, .I; .;)I a+ noted 7--c-o:.:- c t ! cdcw. .b`:Calt:ised)YCL:......,..:SA?XFA:::;SC:SN 71 — r eh 4, r..tcba..ie i.stid to :ina bawe t.:crrncee p+: rdt nas 1 ern at+, �s :nd:c::ed or. the p..yrell, sc sp.r�rt roe !ns •::en me ,an of the a-;H:ab;e b.sie h..;:rly rage rate g!a t`t ar.. _: of 'he .•,iu;ttd I:t.gr Lc:.enls as listed :u the cartracl race;t as ae:t: in liecutin :(c) below. to --xCl:rT1ONS d r Excfpii f,,N .,C;AFT• T E PLANA1ION t� 1 ' t 1 At.�•a.ca __ _— ' I i t+ 1 State: o! Labor. Signaturd ass t be an original (a) A*HI:i•k f %INGE ARE :A!D TO Arl'%0 F.) ?yPevritteo or Printed Legibly. I signature and in ink. Ck Y3UCRAX'b s 1 — -- e r •. r• _::. r+_S.r •a"• C► a\' Jr '.f abot, r.e- ;�•r.,-a ua. cai![' '•. r0•._a��_• _ addhiQ:o the as.r ha,.�ly •+.� :3t+e pa:� to ". .a !h .:Liter •tr ncharic + ��•� fi •G c_ O- :r•-•: ••• ! `:s:C.• _� i:[ sit::.. _.. Cr i.T.[ •e • is:t1a . the ..Sour ..:a•renced =aycal:, p.y:a.:t, e! hinge T.er.a'a, tit --led 1_ t:i.J��Os - ...wr.a >:�c;, „�c .r IF 4.01. rw+ cko Pa— ♦o r... .er •41 C — 1.31 • 317 L N N 04 cd a (EXHIBIT-6) INSTRUCTION FOR COMPLETION AND SUBMISSION OF THE WEEKLY PAYROLL REPORT ANUADDITIONAL INF RMATION The Payroll Form, WH-347, has been made available for the convenience of contractors and subcontractors required by -their Federal or Federally - aided construction -type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (39CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis -Bacon and related Acts. 1. SUBMISSION OF WEEKLY PAYROLL REPORTS: a.. The prime contractor and each subcontractor shall submit a fully executed copy of the form WH-347, Payroll, (Exhibit 4), for each pay period that he performs -on the construction of the projec*;. b. It -is permissible to submit a copy of an IBM print our payroll providing that a copy of the Form WH-348 - "Statement of Com- pliance" - (Exhibit 4-A), is attached.. * c.. If no work is performed on the construction site during a given pay period, the prime contractor and each subcontractor shall submit a copy of the Payroll Form.WH-347, (No Performance) Exhibit 5. d. THE TIME LIMIT FOR SUBMISSION OF EITHER OF THE FORMS IS SEVEN (7) DAYS FOLLOWING THE CLOSE OF ANY PAY PERIOD. `• EXAMPLE: Contractor's pay period ends on. Wednesday and he distributes the wages to his workmen on Friday of the .same week. The pay period ending in this case would be Wednesday. Therefore, seven days from Wednesday, the City must have the .payroll report on file. ANY PAYROLL REPORTS SUBMITTED LATER THAT THE REQUIRED 7 DAYS MUST BE ACCOMPANIED BY AN EXPLANATION IN ORDER TO AVOID AN ENTRY IN OUR LIST OF VIOLATORS. The payroll form WH-347 will net be supplied from FHA, .you are authorize(:. to reproduce or obtain a supply of the form from the: Superintendent of Documents, U. S. Government Printing Office, Washington, D.C. 20402. The price for 100 sheets is $2.25, in check of money order only. You may obtain copies of the Form WH-348, Statement of Compliance, (Exhibit 4-A) from the same source, the price for 100 sheets is $1.25. 2. PARTNERSHIP, PIECEWORK OR PROFIT-SHARING ONLY WORK CONTRACTS -COLUMN (3) OF EXHIBIT-6-A — _ -- — Partnership, piecework or profit-sharing only, work contracts are .permitted providing that any workman employed, other than the individual, partners or owners of the contracting firm, is being paid a piecework rato, that would=,*equal - during the course of one hour of"work - no less that the full hourly wage rate (the sum of which -is the basic rate plus the total of all fringe benefits) as determined by the wage determination (Exhibit.3) for the classification employed. Page 23 The entry "Piecework" must be included in Column (3) of the Form WH-347, together with the classification involved for all workmen other that the indivdual, partners or owners listed in Section 3(c) of the Subcontractor's Certification, EXHIBIT 1. THIS TYPE OF WORK ARRANGEMENT IS SUBJECT TO STRICT POLICING BY THIS AGENCY, WHEN IT INVOLVES WORKMEN OTHER THAN THE INDIVIDUAL, PARTNERS OR OWNES OF.THE CONTRACTING FIRM. 3. WORKMAN PERFORMING WORK ON THE PROJECT IN MORE THAN ONE CLASSIFICATION Any workman who performs work on the project in more that one class- ification within the same work -week Shall be classified and paid at the highest wage rate applicable to any of the work which he performs unless the following requirements are met: a. Accurate daily time records shall be maintained. These records must show the time worked in each classification and the rate of pay for each classification, and must be signed by the workman. b. The payroll shall show the hours worked in each classification and the wage rate paid for each classification (Columns (3), (4), (.5) and (6) of the Form WH-347, Payroll). c. The payroll -shall be signed by the.workman, or a signed copy of the daily time records shall be attached thereto. 4. CLASSIFICATION THAT ARE NOT REQUIRED TO BE LISTED ON•PAYROLL REPORTS: (a. Project Superintendent (b. Project Engineer (c. Supervisory Foreman, as distinguished from working foreman. (d. Watchman (e. Waterboy (f. Messenger (g. Clerical workers, such as timekeepers, payroll clerks and bookkeepers. (h. Janitors - only if they perform work.prior to occupany. If clean up work is performed during construction of the building he must be paid the wage rate for laborer -clean up. (Refer to Exhibit 3). *A working foreman is one who, in addition to his supervisory duties, performs the work of a laborer or mechanic during a substantial portion (at least 20%) of his workweek. He must be paid not less than the applicable laborer or journeyman mechanic rate for all hours in which he performs the work of a laborer or mechanic. 5. SUMMER EMPLOYMENT OF STUDENTS: To facilitate a fuller participation in the Youth Opportunity Campaign, the Department of Labor, as a matter of administrative policy, will take no exception to the employment of students during their summer vacations at wage rates below the prevailing rates and who are a part of a bona fide youth Opportunity Program. The Area/Insuring Office Director shall make such inquiry as necessary to assure that such employees are bona fide students employed on a temporary basis for the summer months only. Page 24 6 . YOUTH POVERTY , AND MANPOWER TRA1:NING PROGRAP9S : To facilitate a fuller participation in youth, poverty and man- power training programs, the Department of Labor as a matter of Administrative Policy, will take no exception to the employment of enrollees or trainees in these programs at wage rates below the prevailing wage rates. This includes Youth Corps, and other similar manpower and training programs. This policy will be observed only in those instances where agreements have been reached by labor and management under a bona fide youth, poverty, or other similar manpower training program, including programs for training of project or target area residents. 7. WAGE APPEALS BOARD: (Regulations 29 CFR Part 7 provides for appeals to the Department of Labor's Wage Appeals Board as to questions concerning both law and fact arising from decisions of'the Solicitor of Labor regarding wage determinations, debarment, and other matters relating to labor standards provisions. (Refer to Exhibit 8). Also Exhibit 6-C. PERMISSIBLE PAYROLL DEDUCTIONS Deductions made under the circumstances or in the situation described in the paragraphs of this section may be without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction -of sums previously paid to the employee as a bona fide pre -payment of wages when such'prepayment is made without ♦ discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless, the deduction is in favor of the contractor, subcontractor or any affiliated person or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any.of the foregoing, or unemployment benefits, vacation pay,.savings accounts, or similar payments for the benefit of employees, their families and dependents; provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law: (2) it is either; (i) vol- untarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation Page 25 of employment, or (ii) provided for in a bona fide collection bargaining agreement between the contractor or subcontractor and representatives of it's employees; (3) no profit or'other benefit is otherwise obtained, directly.or indirectly, by the contractor or subcontractor or any affiliated person in the. form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee.. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and -State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi -governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similiar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments; provided, however, that'a collective bargaining agreement between the con- tractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by-law. (j) Any deduction not more than for the "resonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. As defined in Regulation, Part 3 (29CFR Part 3), issued of Labor under the Copeland Anti -Kickback Regulations as Stat. 948,63 Stat 108,12 Stat. 967; 40 U.S.C. 276c). by Secretary amended (48 Page 26 Show name of employee on each payroll sul;,slttsd. Employee's home address must be shown on flip[ week employe workn on the project. Address need not be.shown ors Iiubsequent payrolls unlesr• his address changes. Employee's social security number must be shown on the payroll report cowering the first week in which the employee works on the project. It any subsequently be omitted unless needed to distinguish between employees with identical names. **Indicate by code number, the ethnic make-up of each workman as follows: (1) White (2) Black (3) Mexican American/Spanish Speaking (4) Asian (5) Filipino (6) Native American (Indian)' (7) Other Non -White (Specify) Above must be shown on all payrolls next to the workman's name, (See Exhibit 6-A-1 Column 1). Self Explanatory, Column 2. ***JOB CLASSFICATIONS MUST BE SHOWN EXACTLY AS THEY APPEAR ON THE WAGE RATE FOR THE TYPE OF WORK ACTIVITY ACTUALLY PERFORMED ON THE SITE, (Exhibit EXAMPLES: Ironworker -reinforcing. Painter -Brush. Laborer -general. _. Laborer-pipalayor. Laborer -cement. Power Equipment Operator/barkhow/ loader/up to 6 Incl. 3/8 yde. Truck driver/over 80 yds, water level.' INCOMPLETE CLASSIFICATIONS SUCH AS: Ironworker, laborer, painter, truck driver, etc. are not acceptable. ENTER - Owner Operator, Piecework tub - contractor or piecework including classification if so required. FOR APPRENTICES/TRAINEES INCLUDE: (1) period of indenture. (2) date current period of of indenture began and (3) percent of journeyman's wage rate. ,In- Y .. .,./V 0 ..V1,...4V H.M.- _, V10MA&_ - .,Y (..W GY.J. -1- 1. Workman worked 5 hours straight ties on this project. lie also worked 3 hours on.the same day on another project or projects. ENTER THUS ON STRAIGHT TIME COLUMN: 5/3. 2. Workman 'worked 8 hours on this project plus 2 hours overtime. ENTER THUS IN STRAIGHT AND OVERTIME COLUMN: 2/0- OT. 3. Workman worked 4 hours on this project and 4 hours plus 2 hours 8870-ST overtime on another project or projects. ENTER THUS IN STRAIGHT TIME AND OVERTIME COLUMN: O/2-OT (SEPARATE LINE ENTRIES MUST BE SHOWN 4/4-ST FOR THIS PROJECT ONLY. - IN COLUMNS (3), (4). (5) 6 (6) IF EMPLOYEE WAS EMPLOYED IN MORE THAN ONE CLASSIFI- TOTAL HOURS WORKED STRAIGHT AND OVERTIME ALL PROJECTS. ENTER THUS: 2/2-0r, Workman worked 2 hours overtime on this project end 2 hours over time on other project or projects. Workman worked 17 hours this project and 7 hours other project or projects. The basic rate and fringe benefits must be no less than listed on the effective wage deciaion***for the classification employed. EXAMPLE: Basic-$5.00 p/h, Fringes: H&W-500,_Vaeation-50c. Appr.Tr.-44. ENTER THUS (Refer to Exhibit 6-3 for instruction on how to enter the cash payment of basic and fringe benefits for non -union), $5.00/50 B/V, 1.04(11&W,P,AT ENTER GROSS'AMOUNT EARNED FOR ALL PROJECTS. ENTER THUS: Workman earned $109.50 on this project. Includes $93.50 ST and 109.50 $16.00 dr, He earned $38.50 ST and S16.00 OT on other project 164.00 or protects. f Describe deductions such as FICA, Withholding, SDI. State Tax. 6 VAcatio f{ Vacation pay may not always be shown as a deduction in this section, (Refer to Exhibit 6-A-1-Roger Smith). nor AI �I In Deductions other than those above must be described in sections 1 and 2 ;! on the reverse side of Exhibit.4. (Refer to Exhibits 6-B and 6-C). + Must be completed by an Owner/Operator or Contractor doing work on a piece work basis. ** Ethnic Code. See above. o *** Use correct classifications listed on the wage decision number, ' (see Exhibit 3). ' MARK "FINAL" OH THE LAST PAYROLL REPORT TO BE SUBMITTED, TOTAL COLUMNS, yy 6. 7, 869. g 1 Y' ' � s REFER TO EXHIBIT 6-A-1 FOR EXAMPLE ON HOW TO (COMPLETE SECTIONS 1 THRU s�r�•'a 7•ON THE PAYROLL FORM W-347 (EXHIBIT 4). A '" n s n r 0 INCOMPLETE PAYROLL REPORTS WILL NOT BP RETURNED. CONTRACTOR WILL BE REQUIRED TO SUBMIT ANOTHER ORIGINAL PAYROLL WITH CORRECTIONS. (REVERSE SIDE OF ALL PAYROLL FORMS MI-347 MUST BE SIGNED IN INK, AND ALL. SIGNATURES :NS7 BE ORIGINAL SIGNATURES. ALSO THE TITLE AND NAME OF THE PERSON SIGNING THE PAYROLL MUST Be EITHER TYPEWRITTEN OR PRINTED LEGIBLY IN INK). Page 27 ,,. •.rrrM• s:atr . t I t That I pay or st;ptrv.se the payment of the persons r. p:,.yrd by on the • [ aril. Aeeer et r V MuMlanert I M ad..•s of ..t►I that during the payroll period commencing on the day of 19_, and cndirg the _day of . 19 a: per -on- en:;lr.yed on •a.d pro;rct have been paid the full arcily rates Corned, that no rebate l.a. r beer. or adl be msdr snare d.teetly or indirectly to or on behaJ of said from the full .[ om:Arae cI eatRMllMyri aeckiy rages earned by any person and that we dtducdons have been made either directly or indirectly from the full wages earned by any person. other than permissible deductions as deflad sit P.egulauss" Pert 3 429 CFR Subside A), issued by the vereary of Labor under she Copelaod ACL as amended 03 4at 948.63 Stet 108. 12 Stat 967; 76 Stat 351.40 V.S C. 216e1, and des. c:;bed bdow: In :: r tr-:rr.et hxc been or a 1 be mAde to appr.,;natr programs for the r..nefu .4 bud: e:nplo)res. a.tr;,l a. noted in S..C%un '14; I.Cow. ib. 1Ci:?:rr ) i.1NGE oLN?:FITS AFf. PAID lti CA5if r--. Eoeb :abater or mrshenic ;,reed in the abide Wereared psyroll bag brra .aid. as i-.dlcatrd on the payroll. on amount nul Las ISga the sum of the applicable basic hourly wage rate plus %be ssmi.uot of the required (rlage bmetits as Ifstrd in the cr.nirac!. except as iottd !- S.<Uon d{e) below. tc) `aCEPTIONS (A N b0 ce a (2) That any, payrolls otherwise under this contract required lobe• submitted for tot abew period aro terms and complecr, that the wage rats for laborers or mtthasks contained therds are not lass than theipplitabte wage Men contained M any wage determieotiea Incorporated lets the contract; tbat I)e dassifieations get forth therttn for each laborer or machauk conform trills the aork he performed, 431 That any appren ies employed Is die above period are duly segliitred in a Dona Ad* spprenCceshlp program reglcitred vhb ■ State apprenticeship agency reeognixed by the lintreaa of Apprenticeship and Training, United Stain Department of Labor, or if no such megaleed agency exists in a SING are registered with the Bureau of Apprenticeship and Training. United Sntas Degertmeet of Labor. (4) That 'NAME A.rtittt.t stsa.,Mt (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS. FUNDS. OR PROGRAMS •• - rile eeiN to FALSIFICATION CC ANY Or tilt AVOVI SLAItWj%VS MAT SuarCCV tNC CONtnACTOO _ in addition to the basic hourly wage rates paid to each laborer or mechanic Go S;rare%Tu.Crots TO CIVIL OM CM.M...Ae YaVs1cut.OM sit stct10%1e01 OF UILt to Aces listed in the above referenced payroll, payments of fringe benefits as listed sttuor »: Of'?Mt,a+ or tilt uNatp stsua cleat ' a.a:twe-w-tglgsAs•i sa.�a Dot, - " tease „f He�r•7 aairfi - t'�b' .. do hereby sate: (1) That I pay at supervise the payment of the persons employed by ' on eke Shot during the payroll period commencing on the 'day Of 1p,,,,,• and ending -the _ day at , Is as persons employed as said project have been paid the fu)t weetdy .apes rarned, dtai no rebates' have Isfos or will be made oxtiter directly or indirectly to or on behalf of said _ .._ from the tun - • t w:eaaw N warsrtsa>!p - . ' . , - - .. _ i srechhr —g-- asmet- f►*-oar-pam" .-sad dim .1!q, deductions have be" made *that directly of Md:e cry from the %A .ages earnN by say persona, otter �iw �jenslsiiWI'didoklteas as itrlhrsd' ` b ,. M► 't alaoete, . A. (l._ -. t. t A). issued by the Secretary of Labor under the Copeland ' AM ass amended fan Sea: saa.63 Sec 104. 12 St k' 96T: TG Stir3sT: ae li:S.C: 2Tge), and der era-* blow: PRjMf,ssable dadaetigna flxhioU 6-C) Est be dasgribed in this .s Ilse, al disduttislas such . gyR... 2 FICA• Hlthhntdiee lax_ Sdj,r_ „1t4te Tex and Yaeaj,}ga need not -be described in this section. a 121 Teat aelg payr:llr under zh.is tu:arao rv;u`re•::o Se sab:n: ai for :he agosg- pe od or, eurrCt a:.d . •Tptc e. :..t $r ..,ge saes tot sh•,r:rs . r m(A-an;cs eo/as:ac•1 theta.-k • or °W le.s than tt.e egr'r .isle w awe rs'r> rr.:a n ! is sny w age :r:er.rina:: as :: CorpurauJ :nw lily .Mt: ,C, that 1!,t c!:-:.rAJ...-s .t:!,. N :•..roe !..• C4104 :aS..rer of eaK'!ar.[C conr..r-t fxiz4 tRa ac ki he p+sforaeC ' ill --That.- any., appac v,as c:y!.r? in me abvrr perin4 are duly rr:..:ercd En a seen :de op;relttictahip profit.--.1 rMwerca .::h a $!see sp�:entia.•eh:p sgCety rveoT ed by the sor!:ste of tppeut:lee,h:p all. t Tr>..fstt�. Una. -I ••a•s .te artmcn: at tabor. Of if ro .uCh :xal;nitn4 a[ nay :gists in a S•r-•f, a:r rr;;i.:errA ::.. rye II. •.ri •a .:;:_sere :..slip -ind a:n.t�. t.•niC� 41.'e, Oevirt.-Leat of ' la) That: (lndicate by check mark hail frins• boos!Lts en.re paid.) . lal V.,Itl."i. V M.M. Its.\E:'t.- .lfib VA!'.• Tit :,•!40%,. OR ?ROGRAMS In ae!d.:wa • . t•.e S.A. a •h•••:'f• •..;:• ru,I ,,lid •., :3,h tr n" •a'e is a!t.: , ...�•..t` .... ..f!r .••..' ., .:d In the contract have been or will bit made -to appropriate programs tot the benefit of such employees. except as noted is Section a(ej "Our, (b) WHERE FRI%GE BENEFITS ARE PAID IN CASH 0 — Each laborer or mechanic listed ie -the ab.lvr referetateil payroll, ban ►en paid. as Indicated on the payroll, as amount not Ion than the sum of the y;B? hi bMW'' %"fly wit" rat! plat tba aaaownl 0 tka rhMiad tMtt besetlis as listed In the contract. except as noted is Sacde* `iw bsl+►.: (e) FOXCEPT)ONs vtCtpn6;; ICRAp1) - li P1 *Wtioa _, (1) ritok- of - he sastc Kate- Mi Irgiaga Dene(its laid in Cash. MINOR al ' blrttr +sde' twee has FOR Pe 0 �l d 06hMes"'isaim MIAlP": 'the basic hourly was to for a cat[ptntat s The ditmalnation also lists th followi . fri s booefits: • pens - • ` VaCat � - n t1��..0 XWER THUS: f 7. S0 for this projOvec. - - as r uired other ro etc(s) refer to 4t.ist - }. het:. Wartime H at of �thic Hsic and Fringe lkneftts n atih j ._ ! baste: .50. Time end half overtime .. 2 t.. ,.. ,. - v " i send +tv,a,t�"•'{'� a oars (Refer to exaapies in Exhibit 6-A-a). Stata.-.ent-of Caapluoce asg„0 1titp by the employee listed on "lb t "2 0[ v Eutd>aa1(s),• ti�tt ,_dp $e;i"i,o`l 3:'to of fF11A horn =-9►,' IA)t 0►iyroll will 'be i$pnrssrd. 'tf kn.nee . of .z` Si cure, General Coatrastor will be norified end it is thou retgonS'1- bitity to see that the sub. etc. signs the payroll in t1ka- ilr?. Labor Relations Office. - - --r +" I Signature' Must be an.osiginal Typewritten or Prtnced Legibly, signature and in ink. ..r ..`. .>. •.a•' .1T a•.. -r f.M all .1 Se,•l•r/a.. .r tu9.{tar .t .x.•..y ••.. .... _ ..a •.. •'va .:Y .w.•.,. i4.:.IrYf.CL Sll ♦C: r.4�.CS'•�e .i '�... Sr:• •1' .,r .. '�%�r..t ..•~.1 L:. ,'a:tS total (EXHIBIT 7) 0 Eta'LOYMENT OF APPRENTICES/TRAINEES Apprentices will be permitted to work as such only when they are registered, individ- udlly, under a bona fide apprenticeship program registered with a State apprenticeship agency which is -recognized by the Bureau of Apprenticeship and Training, U. S. Depart- ment of Labor; or, if no such recognized agency exists in a State, under a programs registered with the Bureau of Apprenticeship and Training, U. S. Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. * Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to.a program approved by the U. S. Department.of Labor, Bureau of Apprentice- ship and Training. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee or * is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of'work he actually performed. "APPren ti ce" means (1) person employed and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Bureau of Appren- ticeship and Training, or with a State apprenticeship agency recognized by the f.ureai.; « or (2) a person in his first 90 days of probationary employment as an apprentice ill such an apprenticeship program, who is not individually registered in the progra.:., but who has been certified by the Bureau of Apprenticeship and 7Z aining or a State Apprenticeship Council (where appropriate) to be eligible for probationary employment as.an apprentice. "Trainee"� means, a person receivinP on-the-job training in a construction occupation tinder a program which is approved (but not necessarily sponsored) by the U. S. Depart- ment of Labor, Bureau of Apprenticeship and Training, and which is reviewed from timc- to time by the Department of Labor to insure that the training meets adequate standarus. 0 (Refer to.Exhibit 7B for further. instructions) COMPLETE EXHIBIT 7D for further instructions.) G0MPLr-,TE EXHIBIT 7-A AND SUBMIT IT TOGETHER WI111 THE SUBCONTRACTOR' S CERTIFICATION. 9XHIBIT 1. IT IS REQUESTED THAT: APPRENTICE INDENTURE PAPERS MUST BE SUBMITTED WITH THE FIRST PAYRULL 111E ld'PRENTICE' S NAMES APPEARS ON TRAINEE AGREEMENT MUST BE SUBMITTED TO REGIONAL LABOR KELATIOP3 OFFICER FOR RLVIEW AND APPROVAL PRIOR TO TRAINEES BEING EMPLOYED ON CITY of HUNTINGTON BEACH PROJECTS. Page 31 (EXHIBIT 7-A) CONTRACTOR'S RATIO OF APPRENTICES/T'RAINEES TO JOURNEYMEN FIRM NAME: The following is a list of nay entire work force employed on all State, Private, or Federally financed or Federgly Assisted construction projectsfor the county stated below. The prupose of this list is to satisfy Condition C, of the Supplementary Conditions of the Contract for Construction Article 1- Labor, Standards COUNTY: LOS ANGELES AS OF July 11 1972 (Date) - (Note: Do not list the name of.any journeyman or apprentice/trainee.) APPRENTICE/TRAINEE JOURNEYMAN CLASSIFICATION TOTAL CLASSIFICATION TOTAL 1 AUTHORIZED SIGNATURE: TITLE: 0 NUTE: SUBMIT THIS FORM TOGEINER WITH THE SUBCONTRACTOR S c;Eit'!1FICATION . EXHIBIT 1. Page 32 u 11 ISO PART 5a--4ASOR STANDARDS FOR RAIIO$ OF APPRENTICES AMP TRAINEES TO JOURNEYMEN ON? FEDERAL AND FEDERALLY AS- SISTED CONSTRUCTION 138.11 Pwrpiloo end $$ogre. (sell) The Natlonel Apprentleesidp Act of 1917 120 U.B.C. 60) asrthorlses and directs the Secretary of Labor "to forma-` late and promote the furtherance of labor standards necessary to safeguard he welfare of apprentices. to extend Use application of ouch standards by encour• aging Ilia Inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, ' ' ' ' 171 Section U. 4 of Article Ill of the statement by the President on "Combat. Ing Construction Inflation ►nd Meellrt 1'teture Construction Needs," dated March 11. 1970 10 Weekly Comp. of Pose, Doo. 376 (1010)), IoAlcateq that training opportYNUes In COMtrmCUOn crafts presently are provided an moaL Federal construction projects. and dileets "the hends of all Federal (lovernmeill agencies to Include a clause in construc- tion contracts Vest will require the employment of apprentices or trainees on such projects, and that 15 percent of apprentices or trainees on cacti project must be In their first year of training. The number or apprentices employed &lost: be the maximum permitted In accordance with catabllshed ratios." file The pursioae of title part Is to hn- stlemenl tier. President's statement of Stash 17. 197o, and to Implement lur- lhrr the National Apprenticeship Art Of 1917 and 20 CPU. earl 30. entitled "Fwlual F,r )playment Opportunity In Ap- premUreship tend Training." Issued pur- suant to the Act, by formulaUeg and promulgating labor standards necrAgary to promote the full reahsallon of trsntln0 opparttupltles on Federal aid federally sasliited Coistruct.ion In canstneellom Occupstions. consistent cold% the scieral welfare of the journeymen employed lit those occupations In the sren in which the construction Is being unrlerlAken. The provisions of this part will he administered In a preirticable manner, In order to avoid undue hard. Milli or unremlonable results Trnlilms opIio!'lunitlrs must be provided of role. strmeliom occupations Includhis: but not hinited In: AnheoLOS worker, boilermaker, bricklayer, cabinKmaker-mlllnan, Car- penter, comenl mason, electrician, ele- vaLor Installer. Aont coverer, glazier, Iron worker, marble siollshcr, millwright, op- eenilner engineer, painter, plasterer. plumber pine Atter, roofer, sheet metal worker; sprinkler -litter. steamlitter. Atonemnsnn, terr►aso worker, slid tile setter. TIte Implementation Ile In can. junction with Use duties of the Becretary of Labor under Ttearganlzatlon Plan No. 14 of 1050 464 Otat. I167), providing for coordlnntlnit the admlnlstratlon and en. forrement of the Devla-flacon Act 140 U B.C. 7744-77sn-71 and related Tabor standards 1t01slaLlon apptleable to fled. eras and federally instated eonatrueliot, And Also Like Button of the Secretary art labor tender the Copeland Act 140 U.A.C. 21110 fee, ranking reasonable regulations for contractor& slid subcontractors Pit. S axed In the construction, prosecution, consolellon. or repair of public buildings, public wfnka or buildings or works A. noticed In who(* or In part by loans or grants froin the United Stales. let flertlon be l shell Constitute Ilia ronditlons of mch rederai or fed rally sAslsted conlrucllon contract In eActse, of 910.000, and each Federal agenry tonrenned xhAll Include these eonditiomt or provide for their Inclusion. In earls such contract. Sections as.4, be 6, ga a. and Sa 7 shall also be included In each such centracl for the InformitUon of Ilia opnlraetor. E Sx.g 1)r fi Alllanx. As used In this part: Joe "Federal aseney" means the United Slats, Vie District of Columbia, and any executive department. Inds= pendent totabllahment, administrative gsency, or Instrumentality of the UrUWI States or of the District of Columbia. On. cluding any corporation oil or ouN.tnn- Unity all of Unt stock of which U beneficially owned by the United Staten, by the District of Columble, or by any of the foegolng department&, establish. ments, agencies, and instrumentalities. S1X IBIT 7-B) ebi "jeciders or Icdrnally assisted call- s/rucLlOn eonLrAtl entAlm* any COlttlnrt to be performed w Ihdrs the Vented Olsten A, dcllned In section $fill of Public Law s0.1g4, 41 U.A.C. Illids. for tonelnic- lion work of s charsctrr ►ubjeet to the Devi$-Dse1m Act• Of requiring the tiny - merit of minimum waerie delrmlreed In aaeordance wlth lien I)avfe-Bacon Act. enured Into I II by a Federal agency. or 171 bler early other agency or person re- ceiving far such work wletanct In the form of grants. Iceans, or suste"We from a rederal agency. see "Apprentice" means fit a petrnn employed send Individually registered In a bona Ads apprenticeship program reaUtared with the U.B. Department of Labor, Bureau of AtMpRntleeslilp and TrsWng. or with a State apprenticeship agency rewintasd by ths Bureau; or 17) a person In his 1`110 go days of Wohn- tlOnery employment as an oppreAllce In such all apprenticeship program. who is not individually registered In the Pro - grant. but who has been Certified by the Bureau of Apprenticeship and TYslning or a SWte Apprenticeship Council (where approprlatel to be eligible far probes- tlonary employment All an apprentice. (d) "Trainee" means It person recely less on-the-job training In a eolstrueUon occupation under a program which Is Ap- proved lout not necessarily sponsored) by the V.B. Department of Lahr, Man- power Administration, Bureau of Ap- enWinhIP and Training. and which to revvlewed from Little to time by the Man- power Administration to Insure that the trainlne meets adequate standard*. (r) "Contract" or "Contractor in- cludes any eonstrucUore contract or cram- ,truCtlon subeantrAelor releardleav of tier As well " the primary contract or prime conlraetor unless otherwise specified. E 34 .3 ApPK*iire lead sra►rere tmplo)• avnr rrgnirrmerils. far The following contract clwscs shall be Conditions of tech Tederol or lederally ,staled Cnflstructlon contract In excess of gle.000 and each Federal oseener eotictrimd shall Include 1.11e Clauses, or provide for their InCIU401%. In each such ConLrAct. II) Th* Conlraelur agftCg: 11) Thal he will make is dlllitent, effort to hire for tine performance 61 Lhe con- tract it number of aptertestlres or trainers. or both, In tech occupation. which brain to Llie averaet number of the lourneyine) let that ocr.UP011011 to be employed In the performajoce e bleratio its determined by he Becre- Lary of f.Abor: fill That he will "sure that 35 percent of such apprentices or tnlnres In each Occupation are in their first year of training, where fessxtbla Feaaiblllty here Involves a ►lliblllty, ofmtraining toOpportunlUss for drat year apprentices, III) the hazardous nature of the work for beginning workers, tc) exeersive. unemployment of appren- iterl In Weir second and subsequent years Of tralrunt• (ill) 77sut during this performance of Use conlract he will, to the greatest ex- tent istxxlble. employ the member of ap- prentlers or LralncO3 necranery to meet currently tlis requ)renienlA of strbdlvl- sloni (I) slid (11) of hLs subparaitraph. (2) The conlrActor agreeen to malnWri recordn of employment by trade of the number of apprenticex and trainees: all pren/lees and trainers by first year of training, and of journeynirn, slid the wagm paid And lenura of work of arm It apprenllets, haintes slid jmlrncyoxn. The Contractor airrem to make thr.c recordn avallable for Inspection upon re- quest. of the Department of Labor And the redrrsl agency concern f, (l) The contractor who clalnu com- pllanee bu.ed on the criterion staled In 1 Sa 0b) agrees to m.Irtaln reemda of employment. As described in 1 Sa 31a t 071. on non -Federal slid nonlederally As - stilted construction work done Aurlog the pe.rformanee of this contract In Vie Lame labor market area. The contractor agrees to make these records available for let- opecUon upon request of he Department of Labor and the r'rdenl agency con- cerned. 141 The contractor agrees to supply one copy of the written nollees required In accordance with I Sa.4(e) at the to. qu0xt of Ftrleral. Agency Compliance of 1. sera. Tle contractor also agrees to supply at 3-month Intervalei during perform- ance of the contract and after comple- tion of contract performance a'state. ment describing steps taken toward took. Ins a diligent effort and con stintng a breakdown by craft. of hours worked and wawa pald for Ant year apprentices and trAleeN, outer apprentices and trainees. and journtyrnen. One copy of the slate- ntrnt will be sent to Upe saeney 'toot- cerned, and ale to the Secrttary of lrabor. is) The Contractor agree% tot liv et In any subcontract under this conti set Use requirements contained In Vils pa►attrasAt I10 Cleft 6a l(a) 411. 121. tl). (4). and 15)1. Bcotsoro Sa.4, 6a N. M 6, and Ss 7 ,hall also be stlacleed to "wit such ccn- tract for the Information of the Con- tractor. Tile temp "contractor" as used In such clauses In any subcontract shall mean the subcontractor. the The provisions of pArragr+ph 1a1 of this section shell not applr will% re- gard to any contract. If the hrad of Lha lecirre) atelier odneerned Assets It likely that ranking of the eo ilact with the Clausen contained In paragraph lot of hls section will prejudice he notlonal security. E Se.4 C Itrrl- for olee.aring ddiseat effort. A contractor will be deemed to have made a "diligent effort" "s required by 1 S*.l It during the performance of his contract be accomplishes at lew,t one of the following three objectives: la) The contractor employs on this project a number tep of aranUcca and train ays by craft as rMdrtd by the con- tract clauses At Irsal equal to the ratios eseMbllshed In accordance with t Sa 5 lb) The contractor emsploy%. on all his pubile and private, eonstruetiom work eornbleird In the lalr,r market Alta of Una project. an averare nuinher of Apprentices and trainees by craft as rc• quired by the contract rlaose}, at lewt equal to the ratios catabllshed In or. cordance with 15*1 (e)(1) Defoft commencement of work on the project. the contractor it covered by A tollective hargaining agree• merit will give written notice to all )omit apprenticeship contmltlres; the local U it. F,mpio)snent Security Office: 1," it chapter of the Urban League. Wclar..f Ucfense Longue, or other local orc•um- rntion roncerned alth minority fm- Plortnenit Anil the Bureno of Apprentice. Ahip need Tioming•,IlepicRcnlaher, 115 Isrparlmr it of LAEor, for the Inculay. The Coeitrartrer I( not covered by A reel. let -tire hareraming Aarrement a111 one w•rilicre notice to all the groups atalyd above except )nhii arimenncexhip runs. mltle se; this contractor aixo will n•,tlry all nosy -Joint apprenticeship sponsors In the labor market area 171 The notice will Include at It-%,t the contractor's name and Addrem. Uet Job site Address, value or contract, .•x. patted aterthig 'and completion date,;. Ilse estimated average number of -m. Owes in each occupation to be fin- ploved over the duration of the contract. slid a statement of his wllllnxnrsa In employ a number 'of apprentice., And trainees at least equal to the ratirs established In accordance with i Sa S. (ll Tie contractor must employ All qualified applicants referred to Jilin Ihrnutih normal channels (such ns Ilia Employment Service, Use Joint Ahuren. ticeshlp Committees and. wheto nppllca- blr, minority orgalasallullx And ft0prcn- tice outreach proCranu who have been delesaled Ills (unction) at (cast up to the number of such appientict.i And trainees required by Use applleable pro. vision of 1 Sn S. E Se.S Ilranabtn e9.ut or robe. .,p gip• per nhret or IrAinrn 1n J..ur.v ....... The Ilecrelary of labor h"i determined that the avoltrablr ratlux of elpri-rnticrs and trAtnees to Journeymen in any or. eunation shall be An followx• 1*1 In any oceupaliAn the s;pullcnblc ratio of apprentices And tr Ateirex to Journeymen shall be equal to the Fire• donitnaht ratio for the occui,atdon'In the area where the construction is to be tendertAken, set forth In cnl,eelte bar- gaining agreements or other empin,- mr it afrcemensK, and available through the Realonal Manager for the Duirnu of Apprenticexhlp and Training for the op- ).1lfable area. lb) For any OC"ocilion fr`r which no such ratio Is found, the ratio of aFi;irra- tices and tralnen to )ournq•reirn xhai; be detcrenlned by the contractor In arcm d• ante with Uie reeommendsllons set foe th In the standards or the National Joeot Apprentice Committee for the occulm- tion, which are sled with the U.B. Ue- partotent Of [.&We's Bureau of Appren- Uccehlp and TnJning. Page 33 0 LJ (MaIIIIT 7-1 Concinusid) (c) Tor any occupation for wluch no such recommendnllots air found, the ratio of apprentice4 and tialneca to Journeymen shall be at least one apprrn- lies, or tralnee for every Ave journey- men. Ss.6 Variations, lolrranrra, sad e%. empilona. Variations. tolerances. and esemptlnrut from any requirement of this part wlth respect to any contract or subcontract they be granted when such action is necessary and proper In the public Inter- est. or to prevent InjuAllce. or undue hardship. A request for a variation. tolerance. or exemption may be made In writing by any Intertxled person in the Secretary, U.S. Department of Labor. Washington, D.C. 30310.. 1 Ss.7 En(orren.enl. (a) Each Federal agency concerned shall Insure that the contract Hall,^ required by 1 5s, 3/e) are Inserted In every Federal or federally ambled con- struction contract sublect thercln. Frd- eral agencies adminlatering ar.A Ance programs for construction work for which they do not contract, directly dull promulgate regulations said procedurm necessary to Insure that cmttracla for the construction work subject to 1 6a 3(n) will eonlnln the clauses rrgWred therrby. (b) Enforcement activities. Includinp, the Inventlgntlon of rnmpininM of via. InlJone. to assure a inplWire with the requirements of this part, shall he the printery duty W the Fedrrnl alienry awarding the contract or pinvldins IJto Federal aaslslance. 'Phe Department of Lsbor will coordinate ILA eRurta with the Federal agencies, as may be nreemitry, In assure consistent enforcement of the re- quirements of this part. Enforcement of these provisions shall be In accordance with the procedures outlined In 16.0 of Part 6 of this subtitle. . 60eclioe date. Tate provlslmis of tills part shall bo applicable to every Invite. Mon for bid@. and to every i�egotletlon. request for proposals, or request for quo- tatlons. for a Federal or federally As- sisted constructlott contract. blued litter January 30. 1072. and to every such con - trivet entered Into on the basis of such Invitation or negotiation. Signed at Washington. D.C. title 27th day of September 1071. J. D. lfonceon. Secretary o/ fobor. ion Dor.111-110e3 Filed 10-1-71;2.4e atnl Page 34 L� • Ll Section 73 Review of debarment and 1114111111! dalod damages proceedings. (s) Nally, proeredit►gat l►rld under (d), or 63(b), of fill% tiulveitlo for review of do. barment (including setra val from debarment) cases and liquitlsteal dsonegra coma, any party may Me with the Wage Apprsts Board, within a yes- &enable time after the daciston by file Solicitor of I.Aber or the Administrator of the Wap sad Hour and Public Comrade divisions of tit* Depart• sne►et of IAbor, as tits case may be, is polkion for review. (b) The petition shall slots caaeisely the points relied upon, said shall he aeoomtesnied by a slats• sent setting forth supporting roossens. /urthor, the petition shall indicate whether tw not the pit. LlLiesner contents to the disposition of the qu"tions involved by a single member. (e) A colty of ilia presentation shall be served personally or by cn&il. upon flu► Solicitor of Labor or Ilia Administrator of Use Wage and hour and Public Contracts Divisions of that Department of Labor, its the case may be. Illsou receipt of such a copy, the Solicitor or flu Administrator shall transmit to tits hoard the record of prometings. (it) In tits discretion or at the request of flu► Board Use Solicitor of B.al,t►r or the Administrator of the Wage and (lour said Public Contracts Di• visions of the Department of IAlor, 64 Use cam stay be, shall Ala with the Iteard zoo expression of his views concerning the isolates raised to the peli- lion. When the Wage Apl►eals Natant lot ire dis. eretion reviews a decisions of tits %0lieitor or lie Administrator it stall paw upon the Ist► eels raise) in the lootit•ion upon►, the basis of tlu attire torrent before it, and shall notify the parties to Ues pro• cerd ing of its derisian. ism rR. 111161111. Jose 24. 106t. sal &ateeAal at sat rX Non. JUDO 1.I MI Section 7.10 Review of decisions of the Solici• for of Labor other than ,thsao In wage determination and debarment proceedings. (a) Tho Wage Appeal» Board may review in itp discretion, decisions of Live bolicitor relating to controversies concerning the latynocut of prevail• ing wags rates or proper classifieadhiss which in• volve signifiicant sums of risoeey, Mrgn groups rat employees, or novel or unueeal situations which arise under the Ilnvis•Ilaeon Act and its related acts and the rules publisletl in Partial, 3, and 3 of Usis subtitle, but which do not arise in proceedings rariewable under Al ?.it &rid 7.0 of list* part. The pmredurrs for such review shall late thorn specified in t.ha remaining pitreegraltla of this section or any other appropriate prorelure upon adequate notice to the interested lerrs oup air purl ies. (it) ivisions of thr Solicitor rendered under A 6.11(b) of this Ault isle &shall be review" in rho seasoner prtvu ribeel its 17.0 of this Iasi. (e) interested lrrmoss air parties easily rrqurat review by the Board of ally dsnision of tits fwAiri. for rendered under 16.11(s) (1) (it) or 13.12 at this subtitle which meets tie standards tervowibut in paragraph (a) of this section. The derivations of tits soliritor shall be roviewsbls in Ilse nannar pre. scril.wd in 17.0 of this part. as" that, in add!• lion to lharoquimeornts therein slated, ties Isetilime for review shall at forth farts deotring that Ilse qussliou or qu►mimsa prearnled tonerrn the .pay. client of prevailing wake ralfa or ptolser classilt". tions which involve significant tunes of canny, large groups of omploysoo, or novel or unaesiti . situations. 120 r.IL boos, Jare ft. less. as eawels0 as IS. FJL sss6, June r, lost onli6l N ►.aa a.gtw_ .. ...... rach.intararo.l iserwees air larsy shall i►avn else - right to aph*•mr its lot-o w.0 ar by or with t:•Nso.r.l all. atkar qui►lifa•t1 raprraentative in any proretvliiig I bottom t1w lioanl. Section 7.12 Intervention. Ira• gavel crusts sia.wn, Ida Avexo \pl► .0% ltaiard RAY laa•u►it any in►e".Mrd Iverson van• party to ts• taveao in Any pra:erdisig lull by rho 11sair•l. A - pds6sn to inert rain shall be in writing, and shsll date will► pro.,it.i•ist Anil particularity: (a) TI..• p+Mitimsrr i n:bsliou.l.ip to flat taatte+ ilkillkrtl tat ilia prescerding-os, we.cl (11) the nature of fi►e paws tation which he would nixke. Section, 7.13 Con:•olidatioas. Ulan" its own initiative or uprets defies& of any hetora.tnl lsen++n or early, rho lhard )Italy roll-atli• ditto tit any privrr.ling or cneteur►ooilly ron.ider two or 11141V Apitrak which invulvu asdW&ulially. Use xame perw+ns or p:irtim, air im►►m which are. U►e same nr closely rel.tlr.1, if it finds rest such ron,oli• , do"% or eanrurr.•ut view will rontribule to a Inviter diepslrh of its Isusineas and in Use end* of justice, &led it will sot unduly delay et►nstikratiots rat any such ai►t►tie t. Section 7.14 Oral proceedings. (a) Wills rftl,.rt In any t.ra:rrdinz I eforo it. the Board assay ulkin its own initiative or upest tisa request of stay interested person or perry .lirret the inkreptal'ist r:+.ne or panics to appear ls•fon• . the Ilomrd or its designee at it o4it-ifer.l time st.11 poses in order to►tis►tphify the inmuv%presented air to' Intact up any other shatters which may trial t•. wept cite or otherwim facilitate liar dialuvlitb►s of that prorraling. (to) In its disrrrliain, the Board, or :s single ps t•. siding ttnvnlver, us:►y ►+remit oral arg-uaisro.t its .t. y '. pretwiliuu. The, Ihaard, or the ptr6dios; ►n•vai• liar, shall presser -rule• live do sr Mold plaro tier %itris , rrgu►tunt. • ; (a) In its disrtvtsnn lite Itoard may ren.and .use• i wee to the Sulie ter of IAbor or to ilia Achnissia• tutor of do Wage and Ilr►ur &rid Public Coos.'11 tracts 1livisionn of the Nparttnant of Labor, as ap)eroprists, for further pievowdings. 179 r.it boon, Jvw Vol. tea, as suesas4 st 1n r.n. ar4a, Jose r, 10%) Section 7.13 Public Information. . (a) Subject to tits proviaione of §1 1.1s, o.tl(&) (3), said L.O(c) (1) of this Subtitle, All pattern and decuments mado a lied of the official record in the practrdinttn of liar Heard Iand decisions of ilia tlostvt shall lee shade available for puhlils incise•+. Limn during usual bacine-m hours at the oAieo of 1 its flmard in 11 ashington. D.C. (b) I''asysimllor•gsi►wof ctseh pmisrox,d/v:►uuentx, Anil dw+4ionn shall Ion furniclstrl upon 111•iur+.1. There shall law A s'haral. of VA cretin fur melt fs• simile page reproduction t•xerlst for copirc of rasa terl e s dupliested for distribution far no elmrgrt am provided in liarotarrlsh (c). Postal roar lit sxevt.eof dnausstie Amu them lsortrh exists as are naveatry tier 9mosanlittal of oepies will to &aided to ilia prr•pap fes rpssiAed untsim "tape or stenciled earvalupwe are furnothesl with the requt>rit. (a) No charge treed W made for funeichisg: (1) Vassuthrntieated copies of any rules, regulI. boll% or dets!&ions of grneral impoti, (2) copies ►,o Agencies which will ahl is thus adminiwUlan of Out Davis•Botrotl Act And n•Iated now. (1) v►l.ion to re tr&ctor 4sneciations and Visor orgenisat loses 4 for jrwml disvrminllian 104 the informalNni t.►n• tailrod therein. And (4) only ocesuiunally nerve• th ackestad ropier of papas And doturnal" lase. 101. 46 nut. 30. 0 U.n,C.1401 Pave x5 • (11IIi173IT 3) • • t PRACTIO /111`!9Ij 111 lo!"I AFFLALS 110ARD Section 7.1 Purpose and scope. (A) This part contains the rules of proctice of till$ Wilge Appeals Itoartl e41Rill 4.hrd by `t•crelnry of latbor'n Order .1tS-(;1 (',S) F.R. 18R, 701). The rulon implement. Cite reeommendatinns of the linnrd relm filing t bo conduct of ils proccedinb.i. (h) 7'Iro hoard has jurisdiction to decide, in its discretion, upivals cinuerning questions of lass And fact from docisious of the Solicitor of Labor or of the Administrator of Lite Wago and ]four nod Public Contracts Divisions of the Department of Labor wiLh regard to the following: (1) Wngo cletermiontion issued under the 1)nvis•lincon Act find its related minimum wage stntutes; (2) debanuent. cases &rising under Part 5 of Ihissubtitle; (A) controversies concerning the payment of prevailing wage rates or proper clrLssificalions whielt involve sil;nifiwi, sums of money, large grrmps of employees, or novel or unusual situa- 1 inns; And (4) recommendations of a Federal agency for approprinle, Adjustment of liquidated damages whivit Are assessed under the Contract Work hours Standards Act. 12"J F.R. SON. June 24, 1014, a amended at 33 FA 9448. .roue 7. 19081 (c) In considering the matters within the scope of ils jurisdiction, tho IVAgn Appeals Board shall set ns 11141 nuthorirod telncsentnLivc of the Secro- taxy of labor. The Board shall ncvt, as fully And linal ly na might tho Secrotsry of Labor eoncetning such matters. Section 7.2 Who stay rile petitions for review. (n) .111)• interested per -An who is seeking it ntodifientioo fir• other changlit in A w•ngo detenuiltn- lion of the Solicitor nudes the Davis -Bacon Act or its related acts (lot related decision under 11.3 (c) of this sublille), and who has requested the Solicilor to. make such a modification or other change., may file a pet.rLion for review of the action Inken by the Solicitor. (h) For purpose of this fiction, the term "inLer- istNl joemcn" is considered to include, without limitation: (1) Any contractor, or at amocia.tion reprosc•ntin-, :t enntrttctor, who is likely to sock or to work under rootract, containing A. ,particular wagn detorminadmi, or any laborer or mmhanie, or fifty labor og:kniiation which represents a laborer or mechanic, who is likely to be employed nr to seek employment. dnrler a cont root. containing it particular tvogo dtterminntion, And (2) any Federal, Sinto, or local ngencv cgncerned with the ntlnrinist.rntion of n proposed contract or to cult• tract. cottAiniog a pntticular wage determination issued pursuant to the Davis -Bacon Act or any of its related statutes. Section 7.3 Where to file. The original (nod four copies) of lite l+elitimt shrill be filed vvilh the Wage Appeals Board, ilnitcvl SlA1es Department of Labor, Washington, D.C. 20.210. In nddition, Topics of the. ltrl it inn .hAll be served personally or by mail upon each of the following; (It) The Frdcral, State, or local ugency involved, as the case stay be; (h) the Solicitor of Labor, United States Department of Labor, Wash- ington, D.C. 20210, nod (c) any other person (or . the authorized roprosentatives of such persons) known or reasonably expected to be interested in the subject matter,of the (Motion. A niKltat stwte Mont of the mrvico reguired by this soetilin ohnll be filed with the Wage Appeals Board. Section 7A When to Ale. Requests for review of wagn dtterminntion should be timely made. Timeliness is dependent upon the pertinent facts and circumstances in. volved. Such facts and circumstances include llte - contract schedule of the Administering Agency, the. nature of the work involved, its location, and Any other relevant factors. Section 72% Contents of petitions. (a) A petition for the review of a wage deter- mination slmll: (1) Do in writing And sig rr,l by the petitioner or his counsel (or other author- ized representntivo) ; (2) be described as a peti- tion for revioic by the Wage Appeals Board, (3) identify clearly the wage determination, location of the project or projeots in question, And the -agency concerned; (•1) gtntothnttho1-clitionerhns requested the Solicitor In modify or otherwise change the wnge cletcnnin;ttion in quest inn, nod de- scribe hrielly the Action taken by the Solicitor; (A) contain it short and plain teatement nit the grounds for review; and (0) be aormupnnied by supporting data, vinws, or argtnnents- (b) A petition shall indicate whether or not the petitioner eonmtits to the disposition of the quentirnrs involved by to single member of the Board. Section 7.6 Filln, of wage determination rec- ord by the Solicitor. When the Solicitor roccives a ropy of A pt•Litinn secicing review of a wage detenriinntion, he shall forthwith file with the Wage Appealq Board the. record relating to the making of the wage deter, utimainu, fir portion thereof in gncal.inn. In ilia discretion or At. thn request, of the itnarcl, the Solicitor shall in addition file with Life Board A. statement setting forth his views concerning any findings challenged in tire. potition. Section 7.7 Presentations of other Interested persons. Interested persons of her than the petitioner shall have A rew;onabin nppnrtunity to submit to tho Board written data, views, or Arguments mlutittl; to the petition. finch matter ahnttld Ito filed with the WAro Appeals hoard, United ``totes ltepnrt. ment of Lnbor, Washington, U.C. 20210. What is it reasonable opportunity is dependent upon file facts find r.ircumstnocei of eneh case, SwIlt nv the centrucl schedule of the Agency involved, the tnt- turn of tho work involved, And its location. Section 7.8 Disposition by the Wnge Appeal.-4 Board. (a) When the Wage Appeals Bnnrd in its dis• cret.ion reviews A vrege, determination, it shall d:s. pose of the case upon the hesis of Ali relevant m:u • ter contained in the entire mcord before it. The Board shrill nnfify n11 intcretect persons pnrti- eipating in the proceeding of its decision. (b) 11tc Board may decline review of Any case whenever in its judgement a review would be in- appropriate or hecnuse of lack of timelines, the nature of the relief sought, or other reasons. Page 36 60 425: 1 1425 Davis -Bacon Act Regulations The following.clauses must be included in all contracts which are subject to the Davis -Bacon Act provisions: (29 C.F.R. §5.5). 11) Minimurn wages. (i) All mechanics and laborers em. ployed or working upon the site of the work, or under the United States Housing Act of 1937 or under the }lousing Act of 1949 in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regula- tions issued by the Secretary of 4.abor under the Copeland /1st 129 CFR Pert 31), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist be- tween the contractor and such laborers and mechanics: and the wage'detarmination decision shall be post.ed by the con- tractor at the site of the work in a prominent place where it can he easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1(h)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such la- borers or mechanics, subject to the provisions of 29 CFR 5.51a111)(ivl. Also for the purpose of this clause, regular con- tributions made or costs incurred for more than a weekly period under plans. .funds, or programs, but, covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics. including apprentices and trainees, which is not listed in the wage determination and which is to he employed under the contract, shall be classified or reclassi- fied conformably to the wage determination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a par- ticular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Secretary for final determination. liii) The contracting; officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is lint ex- pressed as an hourly wage rate and the contractor is ohlig;atel to pay a cash equivalent of such a fringe benefit, nit hourly cash equivalent thereof to he established. In the event the interestM parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recodr inendation of the con(riti- ing; officer, shall be refened to the Secretary of Labor for dclerminal ion. (iv) If the contractor does not make payments to a lruslw- or other third person. he may consider as part of the wages of nny lahowr or mechnnic the amount of anv costs reasonably anticipated in providing; benefits under n plan or program of a type espiessly listed in I he wage doertiination decision of the Sver-tary of Labor which is it part of Ihiv contract: Provided. however. The Sevretitry of Labor has found, upon Lhe written request of (he contractor, that the applicable standards of the I)nvis•Bacon Act have been met. The Secretary of Labor may rrgoire the contractor in set aside in a separnle account assets for the meeting; of obligations under the plan or program. (2) Withholding. The (write in name of Federal agency) may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be con- sidered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed nr working on the site of the work or under the United States Ifousing Act of 1937 or under the Ilousing Act of 19,19 in the construction or development of the project, all nr part of the wages required by the contract. the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment. advance, or guarantor of funds until such violations have reused. 13) Payrolls and basic records. (i) Payrolls and basic rcv- ords relating thereto will he maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or under the United States I fousing Act of 1937. or under the Ilousing Act of 1949, in the construction or development of the project. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) of the Davis -Bacon Act). daily and weekly number of hours worked, deductions made and ac:Lual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)111(iv► that the wages of any laborer or mechanic include the amount of any costs reasonably an- ticipated in providing benefits under a plan or program described in section l(b)(2)(13) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such bene- fits. (ii) The contractor will submit weekly a copy of all pay- rolls to the City of Huntington Beach if the agency is a party to the contract, but if the agency is not such a party l.he contractor will submit the payrolls to the applicant, sponsor, or owner, a- the case may he. for trans- mission to the C i t y O f 11 . B . The ropy shall he ar companied by a st.sitement sig,neu by the employer or his agent indicating thatthe payrolls are correct and complete, that the wage rates contained therein nre tint less than thnse determined by the Secretan• of l.ahor and that the classifica- tions sot forth for each lahorvr or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance— which is required under t hie contract and the Colx-land regulations of I he Secretary of Labor 129 CFft. Part .11 and the filing; with the initial payroll or any subsequent payroll of a copy of anv findings by the Secretary of Labor under 29 Cl-'It 5.5(a)(l)(iv) shall satisfy this requirement. The pritne contractor shall he responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses (oRevenue Sharing Advisory Service July 1977 - 3 % - Revenue Sharing Handbook — Second Edition Supplementary Conditions Page 2 of the contract available for inspection by authorized repre- sentatives of the and the Depart- ment of Labor, and will permit such representatives to interview employees during working hours on the job. Con- trnctors employing apprentices or trainers under approved programs shall include a notation on the first weekly certified payrolls submitted to the contracting agencies that their employment is pursuant to an approved program and shall identify the program. (4) Apprentices and trainees-6) Apprentices. Appren- tices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registeredin a bona fide apprenticeship program registered with the U.S. Department .of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an appren- ticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Appren- ticeship end Training or a State Apprenticeship Agency )where appropriate) to be eligible for probationary employ- ment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as de- fined in subdivision (ii) of this subparagraph or is not regis- tered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classi- fication of work he actually performed. The contractor or sub- contractor will be required to furnish 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 program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid appren- tices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage deter- mination. (ii) Trainees. Except as provided in 29 CFI! 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individuaay registered in a program which has received prior approval, evidenced by formal certification. by the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and 'Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Appren- ticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainer rate who is not registered and participating in a training plan ap- proved by the iiureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classificnt.ion of work he net ually performed. The cunt rnctor or subcontractor will he requirtvl to furnish the contnu-1 ing officer or a representot.ive of the Wage -Hour Divi- sion of the U.S. 111eparhnent of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribe) in that program. In the event the Bureau of Apprenticeship and Training with- draws approval of a training program, the contractor will no 425: 2 longer be permitted to utilize trainees at less than the appli- cable predetermined rate for the work performed until an ac- ceptable program is approved. (iii) Equal employment opportunity. The utilization of ap- prentices, trainees and journeymen under thi.+ part shall be in conformity with the equal employment opportunity require- ments of Executive Order 11246, as amended, and 29 CFlt part 30. (5) Compliance ruith Copeland Regulations (29 CFR Part ,7). The contractor shall comply with the Copeland Regula- tions 129 CF1t Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) subcontracts. The contractor will insert in any sub- contracts the clauses contained in 29 CFI! 5.51,0111 through (5) and (7) and such other clauses as the (write in the name of Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts !.tint may in turn he made. (7) Contract termination; debarment. A breach of clauses 11► through (6) may be grounds for termination of the con. tract, and for debarment as provided in 29 CFR 5.6. 129 C.F.R. §5.5(a)I Additional provisions which must be in- cluded arc: (1) Overtime requirements.. No contractor or subcontrac. tor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not lass than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may he. (2) Violation; liability for unpaid !sages, liquidated darn - ages. In the event of any violation of the clause set forth in subparagraph (1), the contractor and any subcontractor responsible therefor shall be liable to any affected employer for his unpaid wages. In addition, such contractor and sul,- contractor shall he liable to the United States tin the case of work done under contract for the District of Columbia or a ter- ritory, to such District or to such territory). for liquidated damages. Such liquidated damages shall he computed with re- spect to each individual laborer or mechanic employed in viola- tion of the clause set forth in subparagraph (1), in the sum of $10 for each calendar day on which such employee was re- quired or permitted to work in excess of eight hours or in ex. cess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub. paragraph I1). 13) Withholding for unlmrirk rnages and liquidated dam- ages. The City of II may with- hold or cause to he withheld, from my moneys payable on ac. count of work performed by the contractor or subcontractor, such sums as may administratively be determine( to he neces- sary to satisfy any liabilities of such contractor or subcontrac- tor for unpaid wnges and liquidated damages as provided in the clause set forth in subparagraph 12). ©Revenue Sharing Advisory Service July 1977 -38- Revenue Sharing Handbook — Second Edition 0 Supplementary Conditions Page 3. F. In the event of the Contractor's noncomphunce w.tl, the nornhsenmiuutton cbnts,•. of 1111. ronlnu I ut w111, uny of the said rules, Irgulutions, or order', lhitl coolrtu:t may he canceled. IC1,11111rtwil, or suspended n, or In part and the Contractor muybe declared Ineltgthle fur further governmew contno_ts or fedentliv usni�le•d construction conducts to accordance with procedures aulhorifed in Executive Order 11246 of September 14. 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule, regulation, or order of the Secretary of Labor, or ax otherwise provided by law. G. The Contractor will Include the portion of the sentence immediately preceding paragraph A and the pro- visions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 'of Executive order 11246 of September 24, 196S, so that such provisions will be binding upon each subcontractor or vendor. The Con- tractor will lake such action with respect to any subcontract or purchase order as the Federal Housing Commissioner may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Federal llousing Commissioner, the Contractor may request the United Stales to enter into such litigation to protect the interests of the United States. *U.S. GOVERNMENT PRINTING OFFICE, 1913 724•554/5107 -H. The Contractor will not discriminate against any employee or applicant for employment because of sex. In grr.ordance with the provisions of Section 3700 of the State Labor Code, every contractor will be required to secure the payment of compensation to this employee. The handicapped will be included in the provisions of the Davis/Bacon Act. -39- J=r4R7MEN7 F TPAt, SPORT ATION _ .. EMPLOYEE INTERVIEW: LABOR COMPLIANCE AND EQUAL EMPLOYMENT OPPORTUNITY FORM HC-31 (REV..S/7S) Contract No. Fed. No. Co.-Rte.-P.M. Description 1. TO BE FILLED IN BY INTERVIEWER (Data may be obtained from Pavrol) Records) EMPLOYEE: NAME (NOMSRE DEL EMPLEAOO) LABOR CLASSIFICATION (CLASIFICACION DE TRABAJO) MINIMUM BASE WAGE PER CONTRACT: (HOURLY) ISALARIO POR HORA) (BASE MINIMO POR CONTRATO) S FRINGE BENEFITS (TOTAL) (BENEFICIOS ADICIONALES) S, MINIMUM BASE WAGE PER PAYROLL (SALARfO POR HORA) (BASE MINIMO POR PLANILLA) S FRINGE BENEFITS (TOTAL) ISENEFICIOS AOICIONALES) S EMPLOYER (PATRON) PRIME CONTRACTOR (PRINCIPAL CONTRATISTA) WORK BEING PERFORMED AT TIME OF INTERVIEW (INOICA EL TRABAJO QUE ESTAS HACIENOO EN ESTE MOMENTOI 2. QUESTIONS TO BE ASKED OF EMPLOYEE PREGUNTAS QUE DEBERA CONTESTAR EL EMPLEADO) A. HOW LONG HAVE YOU WORKED FOR YOUR PRESENT EMPLOYER? S, (CUANTOTIEMPOLLEVASTRABAJANDO CON ESTA COMPANIA?) HOW LONG ON THE PROJECT? fCUANTO TIEMPO EN EL PROJECT071 B. DESCRIBE THE TYPE OF WORK YOU HAVE BEEN DOING THE PAST WEEK: (DESCRIBEME EL TRASAJO QUE LLEVASTE ACASO LA SEMANA PASADA:) C. WHAT IS YOUR WAGE? (BASE RATE) (TU SALARIO ES? SALARIO POR HORA) S FRINGE BENEFITS IBENEFICIOS ADICIONALES) S COMPARE TO PAYROLL 0. DO YOU WORK OVERTIME? (TRABAJAS HORAS EXTRAS?) FREQUENTLY (FREQUENTEMENTE) SELDOM, EZ ENCUANDO) DE NUNCA) E. ARE YOU PAID TIME AND ONE-HALF FOR OVERTIME? (TE PAGAN TIEMPO Y MEDIC POR LAS HORAS EXTRAS?) IF NO, EXPLAIN (SI NO ES ASI EXPLICATE) F. DO YOU KEEP A RECORD OF HOURS YOU WORK? (LLEVAS CONTROL DE LAS HORAS QUE TRABAJAS?) G. HAS THE CONTRACTOR DISCUSSED LABOR COMPLIANCE WITH YOU? (EL CONTRATISTA HA DISCUTIDO EL CUMPLIMIENTO OE LAS LEYES OE TRASAJO CONTIGO?) 010 HE DIRECT YOUR ATTENTION TO THE REQUIRED POSTERS ON THE PROJECT? (TE HA MOSTRAOO LOS CARTELES DONOE EXPLICA EL CUMPLIMIENTO DE LAS LEYES DE TRABAJO°) HAVE YOU SEEN THOSE POSTERS? IF NO, EXPLAIN (HAS VISTO LOS CARTELES?) (SI NO EXPLICATE) H. ARE YOU AWARE OF THE CONTRACTOR'S EEO POLICIES? (TIENES CONOCIMIENTO OE LAS POLISAS DE EEO CON RESPECTO AL CONTRATISTA?) DOES THE CONTRACTOR HOLD REGULAR EEO MEETINGS? (MANTIENE EL CONTRATISTA REUNIONES REGULARES CONDE SE OfSCUTAN LAS POLISAS OE EEO') HOW OFTEN? WHO CONDUCTS THE MEETINGS? (CAOA CUANOO?) (QUIEN OIRIGE ESTAS REUNIONES?) WHO IS THE EEO OFFICER FOR YOUR EMPLOYER? FOR THE PROJECT (QUIEN ES EL OFICIAL OEL EEO OE TU PATRON?) (DEL PROJECTO'1 I. ARE YOU INTERESTED IN TRAINING FOR HIGHER SKILL WORK CLASSIFICATIONS? )ESTAS INTERESA00 EN PARTICIPAR EN ENTRENAMIENTOS PARA OSTENER MEJORES OPORTUNIDAOES OE ASENDER EN AL 7RAB4JO Y MEJORAR OE SALARIO?) J. HAS YOUR EMPLOYER INFORMED YOU OF UPGRADING AND TRAINING POSSIBILITIES? (TE HA INFORMADO TU PATRON SOBRE LAS POSIBIL'IDAOES DE" PROMOCION EN TU TRASAJO Y LAS FACILIDAOES OE ENTRENAMENTO QUE EXISTENI) i3. ADDITIONAL QUESTIONS FOR OWNER OPERATORS A. EQUIPMENT DESCRIPTION TRUCK LICENSE NO. TRUCK (CAL-T) NO. HOURLY RATE (FULLY OPERATED AND MAINTAINED) S BARE EQUIPMENT RATE S B. ON'WHAT'DO YOU BASE YOUR EQUIPMENT RENTAL RATE? HOURLY 71 WEEKLY 01 MONTHLY C. 00 YOU OWN THE I MAY I SEE YOUR CERTIFICATE OF OWNERSHIP? EQUIPMENT' (INTERVIEWER NOTE RESPONSE) LEGAL OWNER REGISTERED OWNER - 4. EMPLOYEE COMMENTS (COMENTARIO DE EMPLEADO) A. DO YOU HAVE ANY COMMENTS OR COMPLAINTS ABOUT WAGES OR EEO POLICIES? BE SPECIFIC: (TIENES ALGUNA QUEJA O COMENTARIO SOGRE EL SALARIO O LAS POLISAS DE EEO': SE ESPECIFICO:) 5. INTERVIEWER'S COMMENTS WE INTERVIEWER GATE RESIDENT ENGINEER I GATE' DINKTIONS TO INTIRVIMM 1. Fill in Section 1 from payroll records after interview. 2. Fill in Section 2 completely. (Does not apply to owner operators) 3. Fill In Section 3 completely. 4. Employee comments optional h Section A. 5. Interviewer comments on findings and recommends further actions to be taken. Attach additional sheets if necessary. 6. List 5 employees in same work crew where interview was taken. %ployee's Name I Bork Classification !� Work Classifioation Laborer Ceaent Woon Operating Engineer Irmamrker Carpenter Teamster Electrician Ofter: E i I a • D�o73 A .Page 41 D J rq L-A Ll 0 s 0 FEDERAL WAGE RATES WILL BE INCORPORATED IN THIS CONTRACT PRIOR TO THE CALL FOR BIDS. THE FEDERAL WAGE RATES WILL BE INCLUDED AS PART OF THE CONTRACT. 0- -42- TO: The City of Huntington Beach: The following job classifications will be used for the completion of work on Cash Contract # $ * by the Contractor ( ) 1. 2. 3. 4. S.+ 6. 7. 8. 9. 10. 11. Contractor * Please complete for determination of Wage Rates. -43- • l TO: The City of Huntington Beach: • The following job classifications will be used for the completion of work on Cash Contract # , • by the Sub -Contractor ( ) 1. • 2., 3. s 4. 5. • 6. 7. • 8. 9. r 10. 11. i Sub -Contractor * Please complete for determination of Wage Rates. -44- 0 01 I AM AWARE OF THE PROVISIONS OS SECTION 3700 OF THE LABOR CODE r WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF-INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODE, AND WILL COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT. (Signed){ Title ate Contract This is a State Industrial Requirement. -45- H 0 N E Y W E L L 505 SOUTH MAIN STREET ORANGE, CALIFORNIA' 92668 Honeywell Inc., 505 South Main Street, Suite 1010, Orange, California 92668 City Clerk Civic Center Second Floor Administration BIDS DUE 11/8/79,for CC 462; CC 493; Building CC 448 (11); CC 448 (11) 2000 Main'Street Huntington Beach, CA First Class Mail 81-2 384-016 1 � �f BID PROPOSAL FROM Honeywell, Inc. ngnm MNo To the Honorable Meyer and City Council, City of HwAlsgtos Beach, Cdifornie: in compliance with the notice inviting sealed propeeebfer the supplying of traffic controller for: CC 462 Goldenwest St. at Ellis Ave. CC 493 — Goldenwest St. at Palm Ave. CC 448 (II)— Edwards St. at Slater Ave. CC 448 (II)— Newland St. at Atlanta Ave. i hereby propose and arm to ester into a co~ to perform lice work hems described and to fundsh the materials therefore according to the plank specifications and special provide= for the said work and to the sotidutinn of and under the supervision of the Director of Public Works of said City of Hund ngten BeackCdifersb. The undersigned has not accepted any bid from any suhastree;tor or WtIn men through any bid depository, the by -lows, rules or regulations of which prohibit or prevent the cestnetor fans considering any bid from rosy subconntracter or matorialman which is not processed through said bid depository, er which prevent Buy sunbconttocter or meterialmas from bidding to any contractor who does net No the bcWties of or accept bids from er thrown such bid depository. For the furnishing of all ktber, moteriab and equipment, osd Ore" incidental work necessary to deliver all the improvenwo complete in place in strict conforrsitir with the phok Wicifiatioss and spacial provisions, c a file is iba office of the Director of Public Works, City of Huntington Beech, CaN Wnia, I propose and agree to take full peynnast dwafore at the follower unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE Traffic Controller and Cabinet 1. L.S. complete for Goldenwest St. at Ellis at}1iiu�,&eP &,✓ _/DOLLARS $/ $1.f Lu p Sum Traffic Controller and Cabinet comp e e for Goldenwest St. at Palm 2. L.S. at �?1_, //w01! �y� OLLARS $1� $L Lump Sum Traffic Controller and Cabinet 3. L.S. complete for Edwards St. and Slater at OLLARS $ S L p Sum $.�...LI�L Traffic Controller and Cabinet 4. L.S. complete for Newland St. at Atlanta at LLARS $LCy ,1sD Lump Sum TOTAL BID IN WORDS � ,�, ,� �� zf�. TOTAL HID IN DOLLARS FIGURES P-1 It is understood and speed that tha approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or Ion than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract tim thrit allotted for the contract is 80 working _days. It awarded the contract, the undersigned haraby agrees to sign said contract and furnish the necessary bonds within ton (10) days of the arard of sm'd contract, and to b4n work within ton (10) days from the date of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefuily the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall he conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of rnaterials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is -- Bi , and .- ($ ^ -- 1 1 1 ). NOTICE: Insert the words "Cash," "Certified Cho&," or "Bidder's Bond," as the case may no, W an amount equal to at least I a percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form at forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said &amity shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Honeywell, Inc. Orlin Vf. Lee,A(rea Manager TMC Siowure of SkMw Business Address Main Htregj PUca of Residence Orange, CA 92668 Datedthis-8th day of November--,,19-2—q— Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Be' �ture. P 2 The bidder is required to supply the following information. Additional sheets may be attached if necwtsary. 1. Firm Name: flgnevwell Inc. 2. Address: th Main Stre CA 92668 3. Telephone - 714Z5.58-7400 4. ,ry7 of firm —individuall, partnership, orQwpor*tjw: Corporation 5. Ccrporation organized under the laws of the Statf, of Delaware Cantractw"s license Number Not Applicable Classification of Contractor's Liconse 7. List the names and addrams of all n4mbus of the firm or naftm and titles of ail officers of the corporation. Edson Spencer, President Clarence Spangle, Vice President Phil Paul, Division Manager John Lee, Western Area Manager S. Number of yaws experience as a contractor ion construction work: 9. List at least six projects completad as of recent date: (Contract amt.) (Class of vrvirk) (Data Completed) (Name and address of Owner) City of Riverside $9,000 'tv of Cy ress $8.500 r i +- %jr ri f T.A Pa ] Ma S7.a-50 City of Tustin $27,500 C4 ,tv_of_Sunnyvale $68,000 Caltrans Direct Bid $140,000 10. List the name of the person who inspected the site of the proposed work for your firm: John Lee Date of Inspection . 11 / 5 / 7 9 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other informat-M.011 and references sufficiently comprohansive to permit an appraisal of his current financial condidom P 3 DESIGNATION OF SUBCONTRACTORS in compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the mane and location of the place of business of each subcontractor who will perforate work or labor or render service to the prime con- tractor in or about the construction of the work or improveanent in an amount in excess of one -hall N of one percent (1%) sal the prince contrarctor's'total bid, and shell further eat forth tho portion of the work which will be done by each subcon- tractor. Only one subcontractor for seek portion be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemeal to have agreed to pedwm such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinaftar' at forth, Subletting of subcontracting of any portion of the Mork to which no subcontractor was designated in the original bid shall only be permitted in rases of public amergeracy or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTaON STATE LICENSE OF WOAK NTRACTO" NAME AND ADDRESS NUMBER CLASS None Fiy submission of this proposal, the contractor certifies: That has is able to and will perform the balance of all work which is cove^"ed in the move subcontractor listing. ". That the City will be furnished collies of all scab -contracts entered into and bonds furnished by scab-cantraaoor for this project. P4