Attention: Monte Anders, Business Representative
Regarding: Grievance on LAUSD Project - Gardner ES
In response to your letter dated August 19, 2002 and received by our office via fax on August 21, 2002, we have since submitted to Masters Contracting Corporation a Letter of Assent for the Gardner Elementary School Project. And to all future Proposition BB construction projects, we will provide the General Contractor with this same consentment document although being excluded from the scope of the Project Stabilization Agreement (also known throughout as the
'Agreement'). Upon a thorough review of the Agreement, Section 3.7 of said Agreement clearly excludes myself, my staff, and our duties from said Agreement. Those points are cited for your review below:
- Section 3.7 of the Project Stabilization Agreement excludes from the scope of the Agreement 'professionals'.
- Whereas I am licensed and practicing as a 'professional land surveyor' as defined in
Sections 8701 and 8708 of the California Business and Professions Code.
- The Los Angeles Unified School District requires the General Contractor to
employ a State of California licensed surveyor to perform the duties of FIELD ENGINEERING
as described in Section 01130 of the LAUSD Project Bidding Documents.
- Section 3.7 of the Project Stabilization Agreement 'shall not apply to any
Contractors, ... engineers' and excludes from the scope of the Agreement 'engineering' as noted in item (a) of said section.
- Whereas I and those I employ are specifically contracted to perform the duties of FIELD
ENGINEERING in accordance to Section 01130 of the LAUSD Project Bidding Documents.
- Section 3.7, item (d) excludes from the scope at the Agreement 'all employees
of any Contractor, design team or any other consultant of the District not performing manual
labor with the scope of this Agreement'.
- Whereas neither I nor those I employ build or construct. Nor do we perform 'manual
labor' as is defined in Black’s Law Dictionary, sixth edition, as being "labor performed by hand or by the exercise of physical force, with or without the aid of tools, machinery or equipment, but depending for its effectiveness chiefly upon personal muscular exertion rather than skill, intelligence or adroitness."
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Please review the references cited. Above all things, I strive to be forthright and honest in all my dealings. And I may someday desire to enter into a labor agreement with Local 12. However, it is certainly clear that the Project Stabilization Agreement was written with the intent of excluding the services that I and my company render.
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