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HomeMy WebLinkAboutC-2565(B) - Consulting Service, Pacific Coast Highway Widening0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: 1! INANCE DIRECTOR FROM: CITY CLERK DATE: December 19, 1986 SUBJECT: Contract No. C- 2565(B) Description of Contract Consulting Services Agreement for Widening Pacific Coast Hiwhgay from Jamboree Road to MacArthur Boulevard Effective date of Contract December 16, 1986 Authorized by Mfrmt -Ac-i , approved on City Manager Contract with Clifford A. Forkert, Civil Engineer Address 22311 Brookhurst Huntington Beach, CA 92646 Amount of Contract (See Agreement) s 4je Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CONSULTING SERVICES AGREEMENT FOR WIDENING PACIFIC COAST HIGHWAY FROM JAMBOREE ROAD TO Mac ARTHUR BOULEVARD THIS AGREEMENT is made and entered into this /� 7.4 day of by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and the firm of CLIFFORD A. FORKERT, CIVIL ENGINEER, a private corporation, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY intends to construct Pacific Coast Highway from Jamboree Road to MacArthur Boulevard, hereinafter referred to as "PROJECT "; and WHEREAS, CONSULTANT has submitted to CITY, a proposal dated September 30, 1986, to perform survey services; WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do agree as follows: I. GENERAL A. CITY shall retain CONSULTANT to perform the services hereinafter described in return for the consideration and compensation herein stated. B. CONSULTANT agrees to perform said services all in accordance with the terms and conditions hereinafter set forth. C. CONSULTANT agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. D. The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The required contract provi- sions for Federal -aid construction contracts are included in Exhibit "A" attached and incorporated herein by reference. 1of6 • 0 E. A Certification of Consultant statement signed by an authorized representative shall be required. This statement is included in this contract as Exhibit "B ". II. SERVICES TO BE PERFORMED BY CONSULTANT A. CONSULTANT agrees to perform all services and work as outlined herein below: 1. The surveying firm shall be called on on an as- needed basis to assist the Resident Engineer in double checking the Contractor's surveyor, confirming benchmark elevations, horizontal and vertical control points, subgrade and finish grade elevations, etc. 2. In addition, should elevation, property line or easement conflicts arise during construction, the Resident Engineer may ask for assistance from the surveyor to help resolve any conflicts. III. DUTIES OF CITY CITY hereby agrees to supply CONSULTANT all information, materials, data, reports, plans and maps as are existing and available from same, and necessary for carrying out the work outlined herein. IV. OWNERSHIP OF DOCUMENTS Original drawings, reports, notes, maps, and other documents relating to the plans shall become the property of CITY and may be reproduced as deemed necessary by the City Engineer or his duly authorized representative. CITY agrees to hold harmless and indem- nify CONSULTANT against all damages, claims and losses arising out of any re -use of the plans and specifications. V. RIGHT OF TERMINATION A. CITY reserves the right to terminate this Agreement at any time by giving CONSULTANT Seven (7) days' prior written notice; notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to CONSULTANT's business office at 22311 Brookhurst, Huntington Beach, CA 92646. B. In the event of termination due to errors, omissions, or negli- gence of CONSULTANT, CITY shall be relieved of any obligation to compensate CONSULTANT for that portion of work affected by such 2 o 6 X. INSURANCE A E C 0 CONSULTANT shall furnish the CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Such certificates which do not limit CONSULTANT's indemnification, shall also con- tain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after Ten (10) days' written notice has been received by CITY. It is agreed that CONSULTANT shall maintain in force at all times during the performance of this Agreement all appropriate poli- cies of insurance required by this Agreement, and that said policies of insurance shall be secured from an insurance com- pany assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty and shall be licensed to do insurance business in the State of California. CONSULTANT shall maintain the following minimum insurance cover- ages: Liability Insurance General liability coverage in the following minimum limits: Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $500,000 aggregate $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. D. Subrogation Waiver CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer pro - vidng insurance to either CONSULTANT or CITY with respect to the 4 of 6 services of CONSULTANT herein, a waiver of any right of subroga- tion which any such insurer of said CONSULTANT may acquire against City by virtue of the payment of any loss under such insurance. E. Failure to Secure . If CONSULTANT at any time during the term of this Agreement, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANT's name or as an agent of CONSULTANT and shall be compensated by CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. F. Additional Insured CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to CITY primarily, and to CONSULTANT secondarily, if necessary. XI. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any sub- sequent breach of the same or any other term, covenant, or con- dition contained herein whether of the same or a different character. XII. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of 5of6 • w this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. XIII. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and CONSULTANT. XIV. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attor- neys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to CONSULTANT's errors, negilgent acts, omissions, or work conducted pursuant to this Agreement or arising from or in any manner connected to persons firms or corporations furnishing or supplying work, services, materials, equipment or supplies thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written: APPROVED AS TO FORM: i y Attorney Address & Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (714) 644 -3311 Clifford A. Forkert, Civil Engineer 22311 Brookhurst Huntington Beach, CA 92646 (714) 963 -6793 CITY OF NEWPORT BEACH, a Municipal Corporation By: l c �+ Robert L. Wynn, City Manager CLIFFORD A. FORKERT, CIVIL ENGINEER By. y 6 of 6 • EXHIBIT "A" 6-1.03 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSMICTiON CONTRAC73 I. APPLICATION 1. These contract prowlslons shell apply to all Work performed an the eo cc t by ttla contractor with n I s ben orgs" I at Ion and . cot" the ass i stance of Workmen under his Immed l ate superintendence and to all work performed an the contract by piecework, station Work or by subcontrael. 2. C arm- actors and subcantractors shell Insert In all subcontracts the entire contents of This two PR -1273. The contents Of THIS two 1181411 not be Incorporated by reference. The contractor shall be resconalble for cmmellance by all subcontractors with the cont4nts.ot this tore PR -1273. 3. A breach of any of the stipulations Can - tAlned In these Rsaulred Contract Provisions m!y' be grounds tar termination of the am". A. A breach of me tol lowing clauses may be g'r'ounds for debarment by the Department of Labor as It contractor and a subcontractor as provided In 29 CFR 5.12(m)(1): A-1 Section I, paragraph 2; Section IV, paragraphs 1,3,4,6,7,9,10 and 11 Section V, so Mg. ohs 1,2, and 4; Section X1 11. Ect al wraitmXITT 1. Se4wrlem of Labert During the perfermanee of this contract, the contractor shell net discriminate against labor from any other State, possession or territory of the United States. 2, Eswieymaet Fraetlaess the Epval boloymant copertunity Affirmative Action Nbtice set ter" In 41 CFR 60-102• and 61w1 employment Opportunity Construction Contract Specifications set fort% In 41 CPR 60-4.3 are Incorporated by referemem In this don"Wr, _ 3. Ftirsl OppnrtaeltT Ci4eses During the Partaimence of This co .801, the contractor agrees as follows: a. The contractor will not d1scrlminate against any employee or applicant ter deployment because of race, color, religion, Saw, ar national Origin. The oontraetor will take affirmative action td ensure "at lRollesats are employed, and tint employees are treated during employment without regard to fair race, color, religion, se:, or national Origin. Such action shall Include, but net be Ilaited to to following: employment, upgrading, demotion or transfer; recrultment or recruitment advertising; I *yet ts or termination; rates of pay or other farms of compensatlon; and selection for training, Including apprent leash 19. The Contractor agrees tb post In consplaqus pieces, available to employees and applicants for amp love-1, notices to be provided by to State highway department setting for" to provisions of This nondiscrimination clause. Page I. Mol [cation FR -12 i1. faux oppertunity FR -12 111. Nonsegregated Fee II ItIas FR -14 IV. Payment of Predetermined Minimum nag FR-13 V. Payrolls and Basic Records FR -18 V1. Record of Materials, Supp1to* and Labor FR -19' Vt1. Subletting Or Assigning The FR -20 Vt11. Safety; Accident Prevention FR -21 IX. False Statements Concerning Mignwy PraJeets FR -21 X. Implementation of Clean Air Act and Federal ►aster Ib l l ut i on Control FR -22 X1. Contract nark Hours and Safety Standard Act Repuirsments� FR-22 I. APPLICATION 1. These contract prowlslons shell apply to all Work performed an the eo cc t by ttla contractor with n I s ben orgs" I at Ion and . cot" the ass i stance of Workmen under his Immed l ate superintendence and to all work performed an the contract by piecework, station Work or by subcontrael. 2. C arm- actors and subcantractors shell Insert In all subcontracts the entire contents of This two PR -1273. The contents Of THIS two 1181411 not be Incorporated by reference. The contractor shall be resconalble for cmmellance by all subcontractors with the cont4nts.ot this tore PR -1273. 3. A breach of any of the stipulations Can - tAlned In these Rsaulred Contract Provisions m!y' be grounds tar termination of the am". A. A breach of me tol lowing clauses may be g'r'ounds for debarment by the Department of Labor as It contractor and a subcontractor as provided In 29 CFR 5.12(m)(1): A-1 Section I, paragraph 2; Section IV, paragraphs 1,3,4,6,7,9,10 and 11 Section V, so Mg. ohs 1,2, and 4; Section X1 11. Ect al wraitmXITT 1. Se4wrlem of Labert During the perfermanee of this contract, the contractor shell net discriminate against labor from any other State, possession or territory of the United States. 2, Eswieymaet Fraetlaess the Epval boloymant copertunity Affirmative Action Nbtice set ter" In 41 CFR 60-102• and 61w1 employment Opportunity Construction Contract Specifications set fort% In 41 CPR 60-4.3 are Incorporated by referemem In this don"Wr, _ 3. Ftirsl OppnrtaeltT Ci4eses During the Partaimence of This co .801, the contractor agrees as follows: a. The contractor will not d1scrlminate against any employee or applicant ter deployment because of race, color, religion, Saw, ar national Origin. The oontraetor will take affirmative action td ensure "at lRollesats are employed, and tint employees are treated during employment without regard to fair race, color, religion, se:, or national Origin. Such action shall Include, but net be Ilaited to to following: employment, upgrading, demotion or transfer; recrultment or recruitment advertising; I *yet ts or termination; rates of pay or other farms of compensatlon; and selection for training, Including apprent leash 19. The Contractor agrees tb post In consplaqus pieces, available to employees and applicants for amp love-1, notices to be provided by to State highway department setting for" to provisions of This nondiscrimination clause. b, The contraeter will, in sit solleite- tions or apvertise""s for employees placed py or an behalf of the eontraclOr, state that all qualified soollconts •tit receive consid- orstlde for eepiewment without regard to race, color, religion, sax, or national origin. C. The ppntrae'!or will send to each labor union or representative et workers with which he has a Collective bargaining agreement or: other contract or understanding, a notice tb be provided by. the State highway department advising the said labor URIC" or workers' reprssentative of the contrsetors ebmmltmen?s under this section 11 -2 and shall post copies of the notice in consoleuous places available to employees and applicants tar sop Ioy" t. d. The contrsCtor will Comply with all provisions of Executive Order 11266 of September 24, 1965, and of the rules, regulations (it CFR, Part 60) and relevant erases of the Secretary of Labor. s. The contractor will turn Ian all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and Orders of the Secretary of Labor, or Pursuant thereto, and VIII permit access to his books, records and accounts by the Federal Highway Administration and the Saw tstsry of Labor for purposes of ,Investiga- tion ft ascertain =not tape* with such rules, regulations and-orders. f. In the event of the Contractor's ndneoept)once with , the nondiscrimination Clauses of this contract or with any of the► sale rules, regulations or orders, : this Contract may be cenceled, terminated or suspended in whole or In part and the Contvsctor way be declared Ineligible for further Government contracts or Federally - assisted Construction contracts in accordance with procedures authorized In Executive Order ,11246 of September 24, 1965, and such otnsr sanctions may be Imposed and rowel les Invoked as Provided In Exewtive Order 11246 of Septe 24, 1965, r oy rule, regulation or o mber order of the secretary of Loper, or as ''.0"Wrvife provided by low. 9. The contractor will Include the provi- slens of this Section II -3 in every subcontract or wrongs* order unless exempted by rules, regulations or orders of the Secretary of Labor Issued pursuant to section 204 of Executive Order t1246 of September 24, 1965, so that such provisions ' •III be ' 'binding upon each subcontractor or vander. The contractor vi I I take such aCTIOn With respect To* any subcontract or porehme Order. as the state highway department or "a Federal H19hwy Administration a" direct as a owns of enforcing auah provisions Including sanctions for nenooaollamoz provided, however, that in the event a coaMuctbr becomes involved in, or In Is threatened with litigation with a subcbntrseter or vendor as a result of such Wootton by the Federal Highway Administration, the Contra~ may request the United Status to enter In" suds litigation tb protect the Interests of the United Stall. ♦, Saientlen of Sobasntragtars, P OCeramwt of materials, sod Leasing of Edulpmeaft oaring the psrformanee of this contract, ilia CcnfraC?Or,'fdr Itself, its essignwa and successors In Interest (Mrelnattr retel to as the "eon"Wror -) agrees as follows: a, Compliance 111" Pagulations: The coral seloo shelf openly with the Regulations relative to nondiscrimination In federally — assisted programs of the Oesew," art of Transportstlon, Title 69, Code of Federal "lotions, Ps" 21, as. they cosy be eased" from tine to time, thereinafter referred to as the Regulations), which are herein Inaortlo- rated by reference and Bade a part of this Contract. A -2 P. Nandi Per lminstIon: The contractr, with rpgerd to the work performed by It during the contract, shall not discriminate on the grounds of race, color, saw or national origin In the selection and retention of subcon- tractors, including Procure ant$ of motorists ono leases of equipment. The mntraeter she 1 t not participate althr directly or Indirectly In the discrimination prohibited by section 21.5 of the Raquietlons, Including asployment practices _--n the contract covers a program sat torte In Appendix 5 of the Ragelations. c. Solicitations for Subcontracts, Inctud- Ing Procurements of Weterisis and Equipment: in all. sollcltsrlons either by competitive bleding or nagotlofio+ made by the contractor for work to be W IGNINed under a subeontrset, Including proa:remants of materlsls or leases of equipment, Men potential suboontraO. or supplier shell be notlf)ee. by the contra~ of me comes oils- obligations under this can Ipeet and the ibguistions relative to nondiscrimination on the grounds of race, ooir, saw or national origin. d. Infermarlon and Recartsi 1he contractor sell provide all Information and reports rwarired by -the Raquistlons, or dlreetivea Issued pursuant thereto, and 50011 permit access to Its books; remrds, aCCOMtS, othgP sources of Information and Its faellitses as may be determined by The State highway "am-?- want or the Federal Highway Administration To be Pertinent to ascertain compllanee with such Regulations or directives,, where any Interims- Tian required of a contractor is In the awciusive possession of anethgr whe fells or PON$ a to fur" I5h this Intel Tian the contnetor she ll so esrtify to the State highway codes am , or The Federal Highway A"inistretlon as appropriate, and soil sot fort" what efforts It hog made to obtain The In IN Tian. e. Sanctions for )bneemof lance: In the, event of the WIM M UeTWIS noncompliance with The nondiscriminatlon provisions of this Contract, the State highway department sell Impose such contract sanctions as It or the Federal Highway Administration may determine to be "P OPIs", Including but not limited to: (1) withholding of payments to the contree- tar weer "be contract until the contractor eamplles, and /or (2) cancellation, termination or suspension of "a contract, In whole or in part. I. Incorporetlon of Provisions: The con - Treetop shall Include the provision of this Paragraph a In every subcontract, Including >roowftwents of materials and leases of equip- ment, unless exempt by toe Ragulatlons, or directives Issued pursuant thereto. The con - *reetbr 'Shell take such action with respect to any subdplTraetor or procurement as the State highway department or the Federal Highamy Administration may direct as a means of en +orc- Ing such Provisions including sanctions far A -3 0 nonmwpllarcas Provided, however, that, In the event a contractor **Comm Involved in, or Is Threatened with, litigation with a subeontrae- Tor or supoiler as a result of such direction, the contractor may request the State highway department to enter Into such litigation to protect the Interests o4 the State, and, in addition, the cont reams may request the United States to enter Into such IITIPTlom to proyae1 The Interests of "a United States. 111. 14dMWIGTID FACILITIES (Ap911e0ble. to Federal -old eons"reetlee contracts and related subebatraels exceeding 1110,000 wh 1 eh are not ones! from the bow 1 Oppartlmlty clause.) , By submlislon of this bid, the essawla of "is eenA t or subcontract, or the consum- actlor of this material supply agrMgent, as. appropriate, fro bidder, Federal -old construe- flon amn melee; subraatrector, or material supplier, as appropriate, artltles "het he does not arllHSin or provide for his empleylea any segregated - facilities at any of his establishments, end That he doge not permit his employees to perform Their servlas at any location, under his control, where segregated facilities are maintained. me eartifies further- that he will not maintain or provide for his employees any segregated facilities at ary of his establlsamen", and That he will not permit his ogployegs to porfos their services at any location, under his control, .hero segregated facilities are maintained. Me agrees "het a breach of this cartlflcatlon Is a violation of the Equal Opportunity clause In this contract, As used in This cartlfic"10m, the »arm asagregated fee111Tle;a agent any waiting reams, work areas, restroams and washrooms, restaurants and other Sating arms, tlaeelocks, leekr rooms and other ~"a or dressing areas, parking lots, drinking fountains, recreation or entarraingont aroma, transportation, ,and heuSing feelllTles Prow *lded tar t employees which re segregated by explicit directive or we In fact segregated on rho basis of race, Tees, color, or national origin, because of habit, local custom, or otherwise. Me agrees that (except where he has obtained identlea( certifications from proposee sabeonTreclass and esterlal suppliers for specific time parlods), he will obtain Identical 0 csrtlflcaflon from proposed subcontractors or material suppi isrs prior to the evert of subcontracts or rna consummation of material supply agrewents, exceeding 510,000 which are not except from tea provisions of the Equal Deportunity Clause, and that he will retatn Svc" esrtlfieatlons in his flies. IV, PAtMEMT Of P tswrMI lm MIMiWJ* WAIM 1. fissral At section let and 1400rer1 employed er wdrk- Ing upon the site of "to work shell be paid uneondltionally and not leas often than dnda A weak, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Committed Act (29 C>'I1, ►art 3)), 1110 toll amount of wages and lame fide tringo benefits (or cash dgmlvalents Thereof) des at ties of payment tdNW04 at rates net lass than 1fe .age data (nation of the Sacretwy of Labor which Is attached herate and made a part hereof, regard less of any contrsotudl relationship which any be alleged to exist between the contractor and such laborer's and mechanics, contributions made or costs reasonably anticipated for bens fide fringe bahettts under section I(b)(2) of "a Dow I $-%Co Act an bens I t of laborers or mechanics are considered wages paid to such laborers or mechanics subject to tea provisions of paragraph t of this faction) also, regular contributions aside der costs )new-red for more than a weekly period (but not less often then Ouartarty) under plans, tunes, or progress which cover the particular weekly period, are demand To be canstructivoly wade or Incurred during such weekly psirlod. Such laborers and aeenanles shall be paid the aotroorlete wage rate and hinge benefits an The wage determinstlgn for the Classification of work agtually performed, without. regard tb skill, exept as provided In paragraphs b, 7, and s at this section. Laborers or mechanics performing work In mere man one classification may Do Cempensoted at the rate Specified tar seen classification for the ties actually worked thersini Presided, That the omployerls payroll records accurately set forth the time spent In seen e(.asslflcatlon In which work Is Performed. The wage determination (Including A -4 any additional Classification sod wage- rates conformed under paragraon 3 and 44 of this section) and the 06r)s -6aeen poster (WN.1321) Shall be posted at ell tie" by the contractor and Its subcontractors at the site of the work In a prominent and accessible place where it can be east iy seen by the workers. 2. f ayment of Feces Nov": Wile, the wags ragas sham ere the arnimum rates required by the contract ft be paid during Its 'tits, this It net a representation feat labor can be obtained at "is" rates. No Inerea" In the contract pride 111411 be allowed. or 8uther12" on account of the payment of wage rates In emesss of two* listed therein, 3, aaaslttdatlens a. The State highs" agency contracting offlanr shall requlre that any class of laborers or mechanics which Is not listed In The, ways deferlalnsties and which Is to be employed under .the am me shall be classified In eonformence with the wags determination. The State highway agency contracting dtflaw shell sppaave an additional Classification and wage rate and fringe benitflts therefor only .hen the following criteria have been rot: (1) The mark to be per lot by. the _ classification requested Is .net performed by a classification In the wage determination; and (2) The classification Is utilised In the area by tea construction Industry; 4" (3) the proposed wags rate, Including Any bens fide fringe benefits, bears a reasonable relationship to the mega rates contained In the wage determination. b. It The contractor and The laborers and mechanics to be employed to tea classification (if known), or "air npresantatlre, agree with the classification and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the attlon taken shell be Sant by the Stag nlgnway agency of itrecting officer to. the Administrator of raa Wage and NOW Division, EmoIGyment Standards Administration, U.S. Department of I.soor, Washington, O.C. 20210. The Administrator, or an ' author i Zed representative, rill aoarawo, modify, or disapprove evert' additional classification action within 30 days of receipt or will notity tan Stab highway agency Contracting officer within the 30-day Wlod that additional time Is necessary. C. In to event the Cal I actor, or to laborers or seclanles to be employed In to classification or their representatives, do not area with the State h)gnwy aganey contracting 'otflcw an the proposed classification and Wage, rate (including "a ameunt designated for fringe base+ l ts, memo appropr (stn) , the State highway agency Contracting Cff(cer snail refer tha Questions, Including tfe via" of all interested portion Md the raonmrandatipn of tan State highway agency contracting offler, to the Administrator, sage and mew Division, Department of Labor, for daterwinatlon. The Aominlstretor, llmga and ►bur . Division, Department of Lahr, or an a~ hand reoresomfIve, of I I IssuO i determination within 30 days of receipt or will notify tan State highway agency contrwting officer within the 30-uay perled that additional tlmm Is necessary.. ♦a triage Benefits: a. The wage rate (including fringe benefits were appropriate) daferwln** pursuant to progre"s 3 b and C of this section, shall be Paid to all Workers Wtoraing work in the classification under this contract from the first day an which work Is parformed In to classlf(catlon. ba WwRover the alnlaam ►age rate prescribed I n the contrmet for a c I ass of 1 scorers or aecmmftica Includes a fringe benefit which Is hat papressed as an hourly rate, "a coo. me 01 shall either pay "a banetit as stated In the wage determination or shall pay snafher Dana fide tringe benefit or an hourly Cash oQUlvelent•tneraof. a. If the Contractor does not make payments to a trustee or other third parson, "a contractor may consider as part of "a Wages of any laborer or mechanic "a amount of any costs •A -5 reasonably anticipated in providing boha fide fringe benefits under a plan or program, Praeld", That the Secretary of Labor has found, upon "a wrltten regwat of tuA contractor, that fan 89pllcabla standards of the Davis -bacon Act have been met. The Secretary of Labor may require the Cootrsoter to set aide in a sasarstt account assets for the Meeting of obligations under the Dian or 0109 - see :ftsholdiags a. Too Sfatw highway agency snail, upon Its own lnit(at(ve, or upon wrl"am reauewr of an autnrisad rweventstive of the Department of Labor, withnald, or Caws to be withheld, frog t"M coon i an!0 under this Contract, or MY other Contract between It and "e contraatar, subject te Devi Rica prevailing Wage reaalromm", se, own at to accrued payments or advances as nay be aansidred necessary to bay laborers and waehenies, Including asprantloss a" tralnees9 empic"d by 1100 Contractor, or My srbeentrsetbr, 1ha full 'aeeanr of wage required by "a contract. b. In addition aerate, . tan federal Highway Administration shell, upon Its oWa initiative, r upon written reauasr Of an aufnprl=md representative of to Depnsrtment of Labor, ■Ithft4d r Cause to be withhold from the Conrracororo under this contract, or any federal contract with the Contractor, or any otner f*dre I I Y- ass i sted contract subject to Davis -bacon prove; IIng Wage recuireaefts which Is hold by the con"ectar, so much of the accrued payments or advances as any be weesaary TO maim the payaants set tcm In paragraph a. of this section. C. In tha event of failure to pay any Isoarer or section Ic, Including any apprentice or train**, employed or working on "a site of the work, all or part of to Wages reeulred by tha contract, "a Federal Highway Administration any, after written notice to the State hlgnWay agency, take such action aa. may be, necessary to cause tan suspension of any further payment, advance, or guarantee at funds until such violations have chased. L 6. gcrentleee mWeerfmmnt Of Labor): ApprentlCSS •III be permitted to work at Ippa than tea predetermined rate, for the work -ropy perform when they are 00010yed WSUWt td, and Individually registered In, a ben* fide soorentleeshlp program registered with the U.S. psoerm",' of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recogn i zed by that Bureau, or If a person Is emoloyed In his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who Is not I nd I v l dua I l y reg I stred In Tie program, but who has been Curti fIad by the Bureau Of AporenTICeship and Training or a State AporenTICasblO Agency (where allOroprla%) to he eligible for presationery empleynamrt Ps an apprentice. The of lem ble ratio of. s0oreatie" To. jaw toy as on the Job site In any ere" classification snail not be greater fan the ratio permitted " fa canTTsch:0 as TO to wire work force under Tam reg 1 shed program. Any worker listed an a payroll at an spore" Ice wage rata, who Is not registered or otherwise employed as stated above, Sall be paid not I pas then the app 11 Cab 10 wage rate an the pgp determination far the Classification of work actually performed.. In addition, any socrentlee prta ming work an the Job site in excess of the ratio permitted under the registered program shall be aid not loss than the aoallasble wage rate on the wags dat0 1 not Ian ter tea work actually performed. Where a contractor Is prfarming construction on a proJWT In a locality attar tan tat in which Its program is registered, the ratios and wage rates tempi ass" In :percentages of the jOureeynnn's hourly re"Y soeelffad In the Contrachm Is or subeentreciofIs rogI ~9d program she 11 be observed. Every apprentice oust be paid at not less roan to rate soeclfled In the registered. program for tea appre"Ieevs level d progress, expressed as a i Pall'" tags Of the Journeyman hourly rate scOclflod in the applicable wage deteralnatlon. Meru ICes shall be paid fringe benefits In SCCbrdance• with foe provisions Of the apprenticeship program. If the SoorentlCeshlp Orogres does not specify fringe benefits, aoorantlCas MOST be paid the full amount of fringe benefits listed an the wage defarminetlan for the applicable A -6 classification. It the Administrator, wags and Maur Divlslon, determines that a different practice preval is for the 490itcable apprentice classification, fringes snail De paid In apoordance w(tn that esterminat1On. In the event the Bureau of AWentleesnip and Training, or a State Apprenticeship Agency recognized by tat Bureau, wlthdrsea approval of an apprenticeship program, the contractor will no longer be permitted to uTlllzed saw 0 Ica$ at Iass fan the nol lcable predetermined rate far the work performed until an acceptable program Is approved. 7. Trainees (DaprfmanT of Labdr): Expect se provided in 29 CFR 5. 16, trainees will net be permitted to work at lass than tea Predetermined rate tar tea war% performed unless they are, employed WSuaht to and Individually registered In a program Mich has received prier 800rovel, ovidenOdd by fa I certification by Thar U.S. Department of Labor, Employment pad Training Adminlstritten. Too ratio of fralnees to Journeymen an the Jab site Mail not be-greets fan peraltted under the plan approved by Thor faoleymnnt and ;raining Adnlnistratlon. Every trainee must be aid at not lots tan the rate spec i f 1 ed In the approved program for the trainee's level of progress, expressed as a so a ?"s of the Journeymen nearly rate spoof fled In The applicable wage determination. Trainees shall be aid fringe benefits In accardeme with the provisions of the trs I nee program. 1 f the trainee program does not mention fringe benefits, trainees shell be aid the full @mount of fringe benefits listed an fns wage det"Inatlon unless tha Administrator of the wage and four Division detwmlnes that tore Is an apprenticeship program associated with the corresponding Journeymen wage rate on The wage determination which provides for lesi than full fringe benefits for apprentices. Any employee listed on tea payroll at a trainee rate who Is not registered and partlelpsting In a training plan escrowed by the 6apidyment and Training Administration shall Do aid net less tan tea salleable wags rate on the wage detr@Inatlon for The Classification of work actually performed. In addition, any trainee performing work an the Job site In excess of "a ratio permlftod under 'The rag i sued program she 1 I be a 1 d not less then the applicable wage rata the wage de}ermination for the work aetws.11y performed. In the event tM ..Emplaywent and Training Adelnlstratlon withdraws ovoroval of a training program, "a contractor will no langrr be permitted. to ot1112e tralhees at lass than the spollcabla prooeforwlned rate for the work popforeed until an aaeeptable program Is SOO am 6.. Aponotleoe and Traiemea (Prawgras st aw rtmeat of Treeeparttstlon)s ApprenMleee and trainees working under aeprantleeshlp and skill training progress which he been esp"I'Mod by the secretary of Transportation as promoting equal employment Opportunity In connection with Federal -old highway aonstruetion progress ape not subject to the requirements of section IV, paragraphs 6 and 7. The straight time newly wage rates for apprentices and trainees under such plagrsns will Do *MoI Ished by the particular ppagraes. 9. Eswal Em loyamat opp@rtmalty: The utliltatlo@ of apprentices, trainees, sea journeymen under this part shall be In can +armITy with the save ampleyment opportunity requirements of %necutive, order 11246, as ameaded,and 29 CPA Pert 30. 10. Compllemon eta Cspe+aad Act ree@+resseetss The contractor shell comply with the requirements of 29 CPR Part 3,' which are incorporated by reference In this contract. 11. Comeliness with Oavls- moon mad ablated Act rgalreaents: Rulings and Interpretations Issued under the 4v l s-11acon and Related Acts coma I nied In 29 Cm Parts I and 3 are no- in Incorporated by rafellence In this contract. 12. Dispates concerning labor standards: .Olspatos arising out of the labor standards provisions at "is contract snals net be sueleet t0 the gonersi disputes clause of this contract, such disputes shall be rssolved In accordance with the procedures of the A -7 Department of Labor4t forth In °,29 CFR Parts S, 6, and 7. Disputes wLthln the weaning of this clause Include disputes between the contractor (or any of Its sueeontraeters) and the state highway Contracting agency, the U.S. Department of Labor, or the mmploy"s or their rspresontstives. 13. Certification of Eligiblllty: By estoring Into this contract, the cowirectw certifies that neither It nor OW person or fins who has an Interest In the eanirwTorws firm Is a person or firm Ineligible to be swapped Gavertimset contracts by virtue of section 3(a) of the Obv)s -Balton Act (49 U.S.C. 276@ -2(a)) or 29 CPR 3.12ta)(1), 14. Rastrlatlems on sebesefrastiag: No part of this Contract shall be subapntreetad to any ON W or firm Ineligible for award of a Government Coe met by virtue of section 3(a) of time Davis -a000n Act (40 U.S.C. 276@ -2(a)) or 29 CPR 3.12ta1(i). 13. Penalty ter false - sfafassmfa: The penalty for making false stataeleats Is a fine of net ware than SIC'mo or lacer I son ment for not mere flan f i vo Toeps or both as prescribed a to U.S.C. 1001. V, FAItWJJ AW .BASIC 11111C01111111 1. Coafsats mad rat 1081 Payrolls and basic records relating narsto shall be maintained by the contraetor during The Course of the perk and preserved for a period of throe loops thereafter for all laberrs and machetes working at the site of the work, such records shall contain Cho nano, address, and social security nusbap of each smelt worker, his or her correct classification, nearly rate of wages paid (including rates of contributions or Costs anticipates for bona fide fringe benefits or cash equivalents thereof of the types described In section I(b)(2)(8) of tea Davis -b@oon Act), dally and weekly number of hours worked, deductions made and actual wages Paid. Whenever the Secretary of Labor has found und0F Section IV, paragraph 4 (29 CFA that the .ages of any taborer or .echenlc Include the amount of any Costs reasonably anticipated in providing benefits under. aIplan or program descrlbid In section IIP)(2)(g) of the 0"1s$aran Act, the Contractor shall maintain records which show Thet the osltment to provide such benefits Is enforeeaole, that the plan or program Is financially responsible, and that ttb plan or program has been Ccmaeoicrtad In writing 10 The ,=war$ or mmitselas affected, and records vnien show the Costs anticipated or the actual Cost Incurred In providing such benefits. contractors employing apprentices or tralnsas under saw ovwd programs shall maintain written evidence of the registration of apprenticeship' programs and Certification of trainee programs, the registration of the apprentices and trainees, and the wades avid wage rates in a= Iced In the appliabl• program. Z Sfalamemt of Canal Imost a. The contractor shall submit weekly for each week in .Moll any contract work Is performed a copy of all psyrolIa to the state highway agency for transmission is the Federal Highway Administration. The payrolls submitted shall sot out accurately and completely all of the Information required by these specifications. This Information may be submitted in any form dashed. U.S. Oapartment of Lacer Optional Farm VM-347 may be used for this purpose. The contractor Is responsible for The submission of oppies of psyrelIs by all suoaentraatdrs. (AOOroved by the Office of kenegement and Budget under OMB Control number 121-%4149.) b. Each payroll submitted shall be aecomanled by a nstatement of CimpiI&nea,w signed a the contractor or Subcontractor or h I s or her gent who pays r supery 1 eaa the Payment of the persons mmoloyed under the Cdntract and shall Certify the following: (1) That the payroll for "a payroll Period contains the Information required to be maintained under paragraph 1 of this section (29 CFR S.Sta)t31t1)> and that such 4nformatlon IS Correct and complete; (2) That each laborer or. macnsnIC (Including each apprentice and train**) 'employed On the Contract during the Payroll Period has Itemn paid the ful I weekly wages erred, without reba:a, either directly or M 0 Indirectly, and that no deductions have been made either directly or Indirectly from "a full wages earned, other "on Permissible, deductions as set forth In 29 CPR Part 3; (3) That seen laborer or mechanic has been paid not less than the aW least* .age rates and fringe benefits or cash equivalents for the Classification of wark WIN sned, as specified In the Applicable aagt determination Incorporated Into nto . contract. e. Thor weakly submission of. a property aneuted crti fcatlon sst tenth an tha reverse side of Optional Form 1M.347 shall satisfy the reouirwments for submission of the wStstment of Copt I~ required by paragraph b. of this seetlen; S. Penalties for falslffcatfess The falsification of any of the above Cartlflatlons may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 19 and Section 231 of Title 31 bf the United States Coda, 4. Asallablllty of raadrast The em Ilseter and Subcontractors shall make the records required cater paragraph 1 of this section available for Inspection, copying or transcription by avtkorlbad representatlws Of the State highway agency,. the Federal Highway Adminlstrstlon, and/or the. Oeartmwunt of Lahr, and shell permit swell representatives to interview employees during working hours' on "a Job. If the contrSever or subcontractors fall to submit the required records or to make them ova IIsoIa, the Federal Highway Administration may, after written notice td the State highway Caney, take such action as may be necessary to cause. the suspension of any further payment of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFA 5.12. 11. RIMM OF MATERIALS, SUPPLIES AND LAIM 1. The provisions In this section are applicable to all• contracts crew contracts for. secondary highways, contracts financed solely with funds provided by the Highway E - geauthflostlon Act of 1 965, as Mended, and contracts with a, total bid pries less then S 500, MO. Z. The• contractor shall maintain a record of the total east of all materials and sup- plies purchased for and Incorporated In the work, and also of the quantities of "how specific materials and supplies listed on Fors PR-47 and In the units show. Upon eempletien. of the eontraeT, "IS record, toga~ with the final labor summary required In Section v, paragraph 3: hersef, shall be "Ounamltted to the State highway does !sent resident engineer for the project on Fors PA-47 In accordance with Instructions attached therefb, which will be furnished for this purpose upon request. The quantities for The listed Items shall he reported Separately for roadway and for struc- tw os over 20 feet long &S measured along the comfort Inc of the 'readwy. 3. The GoMraetor shall become familiar with the list of specific materials and sup - 011e6 CON! 1111ed In fern PR -47 prior to the eemmenewant of war% under this contract. Any additional materials lnf~lon required will be Sel felted through revisions of Form PR-47 with attendant emplanatlons. A. acre subeentraetbrs are Involved tee contractor shall summit either a Single- report Covering mark meth by himself and all his sumeoetraefars, or he they submit separate raw I for himself and tar each of his subcontractors. TI I. SUBLIMING 0R ASSIGNING M =WTRACt 1. The contrac hso she I I perform .with h 1 s ass organization contract .ark amounting fa not less then 30 percent of the original tota 1 contract pr lee, except that any Items designated by the State as *Specialty Itemsw coy be per 101 d by fubeeetraet and the amount at any such * Specialty Items* an performed any th deducted from fee original total contract price before computing the amount of work required to be performed by the contractor with his own organization. a. *"is ow organ 1 zat Iona shall be construed TO Include only workman amployed and paid A -9 0 directly by the prime contractor and equipment owned or rented by him, with or without opera- TOPS, b. * Specialty Items" shall be construed to be limited to work that requires highly Sao- elallZad knowledge, Cnftsmenshlp r equipment not ordinarily available In contracting ergoIsirtlons OualIfled th Oid on the contract as a whole. and In general are to be limited to miner components of fla overall contract. Z. In addition to 1M 30 percent recut am M W forte in paragraph 1 some, tea contractor shell furnish (a) a =sweet superintendent or foramen who Is employed by him, who has full authority to direct performance of the work in acordMee with the contract raqulrements, and who is in charge of all construction operations (regardless of .he Performs the work), and (b) such ~ of his Own argon latlone( eoeblllty Md responsibility (suaervlslon, management, and engineering Services) as the State highway department contrasting officer dafarslnes is necessary to &Saute the performance of the contrast. 3. The eontrset amount upon which to 30 percent requlrament Set forte In ON agrsoft 1 Is computed Includes the cost of materials and manufactured products which we fb be pr- chased or produced by the mntrseter under "as contract previsions. t. Any Items that have been selected as "specialty itass* far tea contract are I 1 steel as such In The Spacial ftovlsiona, bid sehed- u 1 e, or elsewhere In the contract documents. S. No portion of the contract shall be sublet, assigned or otherwise disposed of exempt with the wrlTfen consent of the State highway department contracting officer, or his sutherlZSd representative, and such consent when given shall net be construed tb relieve the eontraeter of any responsibility for the fulfillment of the contract. Aaguest far permission to sublet, assign, or otherwise dispose of any portion of the contract shall be In writing and mceompamled by (a) a showing that the organization which w) l l perform fhb work Is particularly experienced and equ 1 pped far such work, and (b) on assurance by the eantroc4or that the labor standards provisions sat torth In this Contract shall apply to labor performed an all work Mcompessed by the request, gill. SAFETY; A=:CFJff MEYENTICN In time perico me a of this contract, the Contrsdter shall amply wit" all applicable Federal, State, and local laws governing - safety, health and sanitation. The Contra~ Shell provide all safeguards, safety devices and protective eouloment and take any Of Mr needed actions, On Pits own responsibility, or as the State highway department contracting officer may determine, reasonably necessary to protect the life and health of employees On the job and the safety of the public and to protect property In =Reaction with "a peNdrmeage Of the work adhered by the Contrast. It•Ia a cow ItIan of this contract, and shall be made a condition of each subcontract entered Into pursuant ft this contract, that The aehtraetar and any $m1PCmtraGtpr SAM I not require any laborer or mechanic emplayed In perfoo nee Of the Contract to work In sur- roundings or under working conditions which are unsesltary, hearccus, or dangerous tb his health or safety, as determined .under Construction safety and health standards (Title 29, Code of Federal Regulations, part 1926, formerly Part 1316. as rw Ised from tram time to time), promulgated by One United States Secretary of Labor, In accordance with Section 107 of the Contract 11ork mows and Safety Standards Act (63 Stat. 95). IX. FALSE STATIDIDIM COICMIMC MIWIAT FIIOJ= In order to assure nigh cue#Ity and durable Construction In conformity with approved plans and speelficatlons and a sign degree of ratio- blllty on statmm•nts and r•or•s•ntatlons made Av engineers, Contractors, supplies, (sla) and workers an Federal -aid highway projects, It Is essential that all Wachs concerned wit" the project ,perform "lair functions as Carefully, thoroughly, and honestly as possible. 11111ful falsification. dlstortlen, or misrepresentation with respect to any facts related to the NOTICE 70 ALL P9130I4111EL BOA= ON PMUtL -AIO HIGMAT PRICNIG T5 Title 166 united States Cede, Section 1020, reads as follows: "Gnawer, being an officer, agent, or employee of t"e UnIted. Stu too, or of my State or Territory, or whasnowt whether a person, association, firm, or corporation, knowingly makes any false statements false representation, or fatesr repart as to the o"eradter, quality, quantity, or cast of the material used or tb be used, or the quantity or duality of the waft prfdrmed or tb be par *I , Or "a costs thereof in connection with the submission of plans, maps, speclflwlcns, ebntraefs., war posts of Construction an any highway ar related project submltttod far . approval tb the Secretary of Transportation; or "lwoever knowingly makes any false state - mant, false representation, tales report, or false clilm wlt" respect to the characM, quality, quantity, or oast of any va " per- formed or to be performed, or m~lals fur- nished or to be fwnlshed, In connection with The construction of any highway or related project approved by the Secretary of Tnns- porfstIon; or 1011Pipeva knowingly makes any false state- ment or tales representation as tb a motorist tact in any statement, cord f Icate, or report submitted pursuant td provisions of the Federal -eld Iload Act approved Juiy 1, 1916 (39 Stat. 395), as amended and supplemented; "Shall be fined not more "an 510,000 or Imprisoned not more than five years, or both." A -10 10 project Is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of The" and similar Gets, tee following netlee shall be pasted on each FedenlNld highway project in one or more places where it is readily available to all "runnel concerned '01" the projeatt NOTICE 70 ALL P9130I4111EL BOA= ON PMUtL -AIO HIGMAT PRICNIG T5 Title 166 united States Cede, Section 1020, reads as follows: "Gnawer, being an officer, agent, or employee of t"e UnIted. Stu too, or of my State or Territory, or whasnowt whether a person, association, firm, or corporation, knowingly makes any false statements false representation, or fatesr repart as to the o"eradter, quality, quantity, or cast of the material used or tb be used, or the quantity or duality of the waft prfdrmed or tb be par *I , Or "a costs thereof in connection with the submission of plans, maps, speclflwlcns, ebntraefs., war posts of Construction an any highway ar related project submltttod far . approval tb the Secretary of Transportation; or "lwoever knowingly makes any false state - mant, false representation, tales report, or false clilm wlt" respect to the characM, quality, quantity, or oast of any va " per- formed or to be performed, or m~lals fur- nished or to be fwnlshed, In connection with The construction of any highway or related project approved by the Secretary of Tnns- porfstIon; or 1011Pipeva knowingly makes any false state- ment or tales representation as tb a motorist tact in any statement, cord f Icate, or report submitted pursuant td provisions of the Federal -eld Iload Act approved Juiy 1, 1916 (39 Stat. 395), as amended and supplemented; "Shall be fined not more "an 510,000 or Imprisoned not more than five years, or both." A -10 I. AIR FEDERAL VATER POLLUTION CONTRIOL (APFLICABLE TO COIRRACTS AND SllBCONTW= 041CH C CEFD 5100.0001 I. The contractor stipulates that any f ac i l l ty to be ut i l l Zed In the prternano* of this odntreet, unless such Cal rtrso! is exempt under the Clean Air Act, as esended (42 U.S.C. 11157 at seq., as wended by Pub. L. 91.601).. and under the Federal motor Pollution Control Act, ae amended (33 U.S.C. MI at seq., as emended by Pub. L. 92 -500), Fxeeutiw Order 11736, and regulations In Implementation thereof (40 C.P.R. Part 13), Is not listed, an the date of Contract award, on the U.S. Env(ronn.ntai Protection Agency, (EPA) List of violating Facilities Pursuant f9 40 C.F.R. )5.20. Z. The axntraetor agrees to amply with all the requlrmeants of section 114 of the Clean Air Act and section 308 of the Federal slater Pollution Control Act and all regulations and guidelines listed theronder. 3. The contractor shall prmnptly no-Pity the. State highway department of the receipt of any communication from the Director, office of Federal Activities, EPA; Indicating gnat a facility to be utlli:ed for the contract Is under consideration to be listed an the EPA List of vielating Facilities. .4. The contraeter agrees tp Include or onus. to be Included the requirements of suborograons 1 through 4 of "is perogrnM x In every Me .4mat subeonfrnct, and turther agrees to take such action as the Government any direct as a means of enforcing such recut resents. XI. CCNfRACr aCM NOU1%S AM SAFEST' STANDARD ACf REgUIR84WS 1. overtime rmalremeats: a contractor or subcautrocitm Contracting for any pert of the contract work which my reaulrs. r Involve no employment of laborers or mechanics, Including watchmen and guards, shell require or permit any such .laborer or mechan I c in any workweek in union he or an* is employed on such ark t0 work In excess of eight hours In sl•eslendar day or in excess of forty hours, In such workweek unless such laborer or mechanic receives Compensation at a rats not less than one and one -half tines tee basic rats of pay for all hours worked In- seams of eight hours In any calsndr day or In excess of forty hews In such workweek, whichever Is greater. 2. "oletles) Ilarllity for egald votes; Ilgmideted daeagea: In tin event of any violation of paragraph 1 of this Section, "or contractor and any fubcpltractar responsible therefor shell be liable fur the Unpaid rages. In addltien, such contractor and subcontractor WWII be liable to the United States (in the case of work done under contract for the District of Colueble or a territory, to such District or to such territory), for liquidated dam". Such liquidated damages shall be Cnomputed with respect to each individual laborer or meelwnIa, Including watchmen- and guards. employed In violation of pregraoh I of this Section, In the at= of $10 tar Bean calendar day or workweek In which such Individual was required or permitted to work In ea mss of eight hours r In .mess of the standard workweek of forty hears without payment of the overtime wages required by Paragraph I of this Section. A -11 3. WIthheldleg for weld wages and Ilpldafed damages: The Federal Highway Adminlsirs?lon shell upon Its own Initlative or woes written request of an aatho 111m rsoresentative of the Department of Labor withhold or cause to be wlttNwld, from any moneys payable on account of. work perfereed by the contractor and ale subcontractors under this Maltreat or any Federal contract with the same contractor, or any other Federally- esslsted contract subject to the Contreet Work Hours and Safety standards Act, which is hold by the some contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor and all subcontractors for unpaid ages and Ilculdated damages as provided In paragraph 2 of this Section. ' 6 -1.06 FSW" -AID FROPOSAL NOTICE 1. NOTICE ON REQUIREMENT F(R AFFIRMATIVE CALIFORNIA ECONOMIC AREA ACTION TO ENSLRE EQUAL 94KONMENT.OPPORTLINITY Goal (E)Z=IYE OROER 11246) (Percent) 1. The Offerrls or Bidder's attention Is called to the "Eawl Opportunity Clause set forth herein. 2. The following goal for female utillss- tlon shell be Included In all Federal and federally assisted =instruction contrsets and suecoetrsets In eweess of $10,000. The goal Is 8001 lassie to the contrsetargs aggregate an -site construction wrkfrea whetter or moll part of that workforce, is performing work on a Federal or federally assisted construction contract or subcontract. Goal for women (applies nationwide) ....... (ININ am T) 609 Untll further notice, the following goals for Minority utliintlon In each construction Craft and trade shell be Included In all Federal or federally assisted construction eantreets and subcontracts in excess of $10,000 to be performed In 190 reapeeTlve geographical areas. The goals are a0ollaabl• to each noesrsst cantraeterls tetfal =nslte construe- ?Ion workforce, ragardloss of whether or not part of that wDrl(torbe Is Performing work all a Federal, federally assisted or nontederally related Project, contract or subcontract, Construction contractors which are partici- pating In an approved Houstown Plan (sae 41 CFR 60 -4.5) are required to amply with the goals of the "me am Plan wlth regard to construc- tlon work they Do !a In the area covered by the Monetawn Plan, with regard to all "air other mki lid =onstruetion work, such ban trse- tors are required to amply with the applicable SMSA or EA goal cantslmed herein. 174 Redding, CA: HMO-smu Csuntles ...............0 6.6 CA Lesson; CA ►adoc; CA F4 was; CA Shasts; CA Sisklyou; CA Teems. 173 Eureka, CAs Nan -SMSA Counties ................ 6.6 CA ooh Martel CA Humboldt; CA Trinity. 176 San Frsne l soo -Ookl ano -San Jose, CA: A -12 SABA Countless 7120 SoIless-Seosldo- Me, erey, CA ................ 29.9 CA s(ahterey, 7360 San Prsnelsee- Oakland, CA. 23.6 CA Alameda; CA Cones Costs; CA Morin; CA ,Son Francisco; CA San Mateo. 7400 San Jas=, CA .............. 19.6 CA Santa CI rs. 7483 Santa Crux, C &...*.*..... 14.9 CA Santa Cruz. 7300 Santa Rose, CA.,,,,,...,,, 9.•1 CA Sonoma. 6720 Vallejo-Fslrfleld- Msps, CA*** ..... 00 ... *** .... 17.1 CA Naps; CA Solaro Nan -SMSA Counties ................. 23.2 CA Lake; CA Mendocino; CA San Bonito. • 177. Sacramento, CA: 7480 SenArbars -Sents Irrla- s LOMPOC, CA .................. 19.7 SMSA Cocwtlesc CA Santa Barbara. 6920 Sacrmwnto, CA........... 16.1 MM -SMSA Countles ................. 24.6 . _ CA Placer; CA Sscrm mite; CA Wye; CA Monej CA Yale. CA .San Luis Obispo. Mss -SMSA Cocntles ........ ........ 14.3 CA Butte; CA Calves; 181 San Diage, CAs CA El Dxede; CA Glenn; CL kaveda; CA Sierra; SMSA Counties CA Sutter; CA Yuba. 7320 Son Diego, CA*."** ..... 16.9 CA San Otago. 178 stock en- Modesto, CA: ken -9411A Counties ................. 1462 CA Imperial, S18A Cous'rles2 5170 Modesto, CA ......... . «.. 12.3 Thew goals are applicable to all the call. CA Stan Islaus, tractor's aenstrudtlon .ark (vaether or net It 8120 Stockton, CA ............. 24.3 Is federal or federally ssslsted) perlee In CA San joseuln. "a oerered Nona. It the contractor parforms kph -91SA owntles ................. 19.8 coastrvstlms mark In N geographical was CA Alpine; CA Amedor; looted detside of the adverse area, It shell CA Caloweres; CA Mariposa; Spot the gaols metals IIshad for such gaagrsoI- CA Meread; CA Tusimene. cal area where the work Is actually performed. With regard to this second arms, the coatrwici 179 Presee•iakersfleld, CAt also Is subject tb the goals for be" Its federally Inwiwd and nantederally lnvelved Sk6A Couhtlew construetlen. 0680 Bakersfield, CA..,.,..,.- 19.1 The can trcolor is compllanes With the Exeeu- CA Kern. tive Order and the regulatlema In 41 CPR Art 2840 Frsace, C1 ............... ML 1 60-4 shall be based an Its Implementation of CA Fresno. rift- iqual Opportunity ClNude, specific afflr- 11sn -94SA Counties. ................ 25.6 mmtiv9 action obligations required by the CA 14 ngs; CA $%darn; specifications set to" In 41 CPR 60.4.3(1), CA Tulare, and Its of farts tb moot the Seals. The tars of minority and female sepleyment and training 160 Los Angeles, CAS oust ub substantially uniform throughout the length of tM contract, end In seen trade, and SMSA Countless the Contractor shall ask* a good talth effort 0360 lmahela -)ants Ans- Garden to employ minorities am, goo" evenly an elan Crowe, CA ................... 11.9 of Its projects. • The transfer of minority or CL Orange. female employees or trainees from Contractor fa 4460 Los Angeies -Lang Cenirschm or tram project to project for the Bowft, CA ................... 28.3 sole woo" of meeting the ContractorIs goals CA lams Angeles. anal) be a violation of the wetraet, the Far 6000 Oxnard -Sial valley- Cutive Order end tM ragulatlons In Al CPR Art v911tlre, CA..*..** .......... 21.5 60-4, Cb"ilane* With, the gealS.WIII be mar CA Yenture. sured against the fetal work nears performed. ' 6780 Rivarside -San Bernardino - Ontarle, CA ................. 19.0 3. The Cantraeter shell provide written CA Riverside: notification to tM Director of ma Office of CA Son Bernardino. Federal Contract Compliance Programs Within 10 A -13 • t u' .arking,08 of award of any can rich sub- Contract Contract In excess of $10,000 at�iy tier for COnsfruc #lon work under the contract resulting from this solicitation.. The, notification Shall list the name, address and talapheM Romper of the subcontractor; employer Identi- f 1 cat Ion number of the subcontractor estlmetw dollar amount of the subcontract; estimated starting and =notation date Of the subcontract; and The' geographical re In which the subcontract Is to be Wide e0. 6-1.07 STANDARD FUERAL EQUAL 9VUr W CrPMI 61ITT C CNS71l=lCN CMTPACr WIM1FICATI014 (C 92'T1VE R1S1FA 112 ") 1, is used In the" specifications% a. "Cover. ad rso* moons the van 20hical arse described In this solicitation from which this contract resulted. It. Got octxR moons Director, Office Of Federal Contract Compllame Prdgres, United State Department of Labor, r any persoa to wham that Dlrehefer delegates amtherlty. C. "Employer IdentIfI ation *saber" means the Federal Social Security number used an the Employer's Quarterly Federal Tax Return, U.S., Treasury Deportment Form 941. d. "Nlneritya Include% (1) Black (all persons Awing origins In any of "a Black African realal groups not of Hispanic origin); (II) Hispanic (all persons -of 11axican, Puerto Rican, OSoan, Cenral or South American or Other Span l sn OI I tore r origin, regardless of race); (111) Asian and Pacific Islander (all persons hewing origins In any of the original peoples Of the For Fast, So�tn- east Asia, the Indian Subcontinent, or the Pacific Islands); and (Iv) American Indian or Alaskan Native (all Arsons having origins In any of the original peoples of Not America and maintaining Identifiable tribal affilia- tions thrown membership and porticlpe- Tion or comounity Identification). 2- whenever the Contraeter, or any Sub- contractor at any tier, subcontracts s Portion of tea work Involving any construction trade, it Shall physically include in each subcontract In caws% of 110,000 that prgelsloos of these• specifications and fie Notice which contains the applicable goals for alacrity and femole participation and which is set' teeth In the set [citations fro% which this contract resul tad. 3. If "a Castrw"r Is participating (pur- suant to ti CFR 60.4.7) In a ►Iemeoae Plan approved by the U.S. Department of Labor In the covered arse either Individually or tnrbega an association, Its affirmativat action pill iga- tlons an all warn In the Plan Area (.Including goals and tleofabte) sell be In aeeardanoe *I" that Plan tar these trade enlch have unions participating In the Plan. Contractors must be abate tp Oe.ensfra" their particl- -Potlon In and camollaneat with the previsions of any such Hometown Plan. Each Contractor or Sub eontree log participating In an approved Plan Is Individually required -to comply with Its obligations under'the EEO claw, and to e*e a good to l" effort to sent eve each 9"i under the Plan. In "Ch trade In which It has seployees. The overall good latch performance by other rAntracTurs r Subcontractors toward a gel In an approved Plan does not Income any covered Contractor's or Subcontractor's failure to take good tal" efforts to schleve. the Plan goals and timetable, A -14 4. The Contraetr shall Implement the specific affirmative action standros provided In paragraphs 70 through p of these specifications, The goals set forth In the solicitation from which this cbntrWr reultad are expressed as percentage of the total hours of employment and training of minority and 'male utilization the Contractor should reasonably be able to achieve In each construction trade In which It has employees in the' covered arcs. Covered construction contractors performing construction .ark In geogreolrieal areas where they de rot have s Federal Or federally assisted eonSI Milan contrast shall apply the minority and tamale goals established for the geographical roe Where the work Is being performed. (bets are published periodically In the Federal flegistr In notice form, and such nations my be Obtained from any Office Of federal Contract. COmolianee Program effuse or tree- Federal procuro+'ht cbntreeting Officers. The Cen"Wior 'Is expected to sere S1111001 folly uniform progress In meeting Its goals In each craft during tare period specified. S. hither the previsions of any collect ive bargaining agreement, nor the fallure by a voice with wham "a Contractor has a collec- tive bargaining agreement, ft refer either minorities or woman shelf excuse the Controv- torts obligations under "wee specifications, Eaecutive Order 11246, or the regulations preaalgated pnrsum"T thereto. 6, In order for the networking trolning hours.Of spot so1loss and trainees to be counted In meeting the goals, suck apprentloss and tralhoas must be employed of the Contractor during the training period, and "ha Contrasfer must new made a eammltment to emoloy the 800M Ices and trainee at the cbmpletlen of tMlr ",mining, subject is the availability Of employment opportunities. . Trainees must be "mined pursuant to "raining programs approved by the U.S. Department Of Lahr. 7. The Contractor shell tare specific efflr- activa actions TO ensure must employment opportunity. The evaluations of the COntrac- tar's a moliam a with these specifications shell be based upon Its etfort to achleve maximum results from Its actions. The Contrac- tor snail document these efforts fully, and Shall Implemant offlroative action sleds at ;mist as extensive as the following: a, rnsr• and maintain a working envlrOn- amn free of harassment, Intimidation, and coercion at all sites, and In all facilities at which the Contractor's employees are asalgnes to work. The Contractor, where A -15 W possible, will assign no or pore amen to each construction project. The Contractor shall specifically ensure that all foremen, superinta,ents, and otter anslte supr- visory personnel are avers of end carry out the Contractor's cbllgatlo" to maintain such a Working environment, with specific a "tOe- tlen to minority or tomes a Individuals working at such sites or In such taslli- ties. b.- Pst"I Ian and asI""In a arrant. I Iat of minority and tamale reerultsnt loran, provide - Wr Mten hetltleatlem to minority and temele. recruitment murees and to oam.unity arganistions wren the Cb"trsetor or its unions have employment opportunities avail- able, and maintain a record of the argenl- sationsW rasocasos, C- Ile1ntaln a current t11a of the amen, addresses and telephone numbers of each minority and tamale Off -the- street evoll- rint and minority or f000le referral from a union, a recruitment source or community ergsnlatlon and at what action was taken with respect to each such Individual. It such Individual was sent to the union hlr- Ing hell fan, reterrol and was not rOfrred book to the Cbntrabtbr by the anion or, If referred, not Weleyed by the COMrester, "Fels shall be document" In the file with The reason therefor, along with whatever additional actions the Contrbetar.mey have Taken. d. Provide lamodlsto written netlfics- tion to the Dlreeter when the union or unions with which the Contractor has a collective bargaining agreement has net referred tb the Dantraetor a minority person or Ices" sent b1r the ran I sc Of , or when the Cdntraetbr has Other 10011 Tien That "a union referral process has Impeded The Contractor's efforts to sect Its obli- gations, e. Dove I GO on-the -Job training opportunities and /or mrTlclpete I" training programs •Or the area which expressly Include minorities and Imon, Including upgrading programs and n aoarant Ices" 10 and tare lnee programs relevant to the. Contractor's amoloyam t moods, especially those programs funded or aoprovee by the Deoortsont of, Labor. The .Coltraeler snail provide notice of these Programs to the sauru:aa ch=atted under 70 above. f, Disseminate the Centradter's EEO pal lay by providing notice of the policy to unions and "mining program and requesting their osoperstion In assisting the Contrac- tor in aioatlag Its EEO obligations; by Including It in any policy annual and =1 lsetive bargaining agreement; by publicising It In The company newmpaper, annual report, etc.; by speeifle review of hen Polley wl"n all Management personnel Mad with all ■Inorlty and femal* employees at least pace a year; men by posting the company EEO policy on bulletin boards accessible 1e all employees at omen Ioest[on where construction mark Is Wferm.d. 0. Raviw, at least annually, the c:M- pany's EED policy and atfirmative Wien Dellgetlons under theme specifications. with all emoloyema having ay responsibility tar hiring, assignment, layoff, termination or other employment doe Islons Including specific review of ?Name Items with onslts supervisory personnel such as Sumrinten- dants, Comm I foramen, etc., prier to the. 'Initiation of construction mark at any Joe site, A written record $114111 e• made and maintained Identifying the time and place of tmoea meetings, preens attemdieg, subject me"rer discussed, and disposition of rho Subject matter. h. Disseminate the Cantrachm 's EEO Policy sxtarnal►y by Including It In any advertising In the news media, specifically Including minority and femMls news media, aSV Providing written notification to and discussing the Ceatrector's EEO policy with other Contractors and Suocontractors with whom the Contractor does or anticipates doing business. 1. Direct Its recruitment off*"%, both oral and wrltten, to minority, female and A -16 • cow ity organizations, to schools with minority and tomals students and to minority and femaio recruitment and training organi- atIons sowing the Contractor's recruitment area and employment needs. Not later then one mantle pr ter 10 the We for the accomm tanee of applications for apprentieasalp or other training by any recruitment sores, the Contractor shall sand written notifica- tion to 01 go such as "a above, devoribing the openings, sereening..proca- dllrea, sad tests to be used In the selection Pie so j. fitoanrage or at minority sea tamale eployaes to recruit armor minarlty persons and woman and, where reasonable, provide after-seneol, suamsr and vacation employment to ■inerfty end least*- youth bath on the sit* and in et?rr roes of 'a. Cbhtrantor`s.. werkferea. Al Volldata all lasts am 0t11*r selection requirements Mears there is an obligation ft . do as ender 41 CPR fort 60-3, Is conduct, at tent aaaue l l y" on I uweatory and evaluation K I east of &I I dnority and female personnel for Pramr Hamel Main to Mes and ancourage. theme employees to mesh or to prepare for, Through approorleta "milking, ore., $asb oviort" it lap. m. Ensure that seniority practices, job classifications, work asslglimemis and other personnel practices, do not have i dlscrlm- In*tery effect by continually mobitring all personnel and employment related activities to ensure that the EEO policy and 'toe Contractor's obligations under theme specifications are being carried out. n.,Ensurs that all facilities and com- pany activities are amsegregatad except that separate or singlwssr toilet and necessary changing facilities shell be provided to assure privacy between the sexes. o. Oouument and maintain a record of ail solicitations of offers ,ter subcontracts from - minority and female 'construction een'Iaclars and suppliers, Including circu- lation of selteltatlons to minority and female contractor associations and other busing" associations. 11 10. Th* Contractor' Owl I 'nor tea• the owls and timetables or affirmative action standards to discriminate against any parson' because of race, color, re(t9ion, set, or national or Ig In. P. Conduct a review, at least annually, 11. 111* Contracom shall not enter* 1010 my of all supervI$or$ adherence to and subcontract with' any parson or firm debarred performance under the CantrWW's E90 . from gemerflmanf CM ITabts Pursuolt'te'ILWowrlw' /16116144, and affirmative aetlat 6101190• Order 11246; " tlons. . < a ... .... 8. Conlrbetbrs are endow" to pbrtto(' pate In voluntary asat6Wicas, Which 'assist In fulfilling one or more of "lair afflnotive action obligations (70 through, p). The efforts at a contractor association, Joint cerraetbr- onlon, Go f ester- avmnwlty, or other similar group of wnidn fine Contractor Is a member and Participant, may be asserted as fulfilling any one of more of Its Obligations. under 710 11 ougll P of these Specifications provided that trio Contra~ actively Partlepatei In the group, mehms every effort to ensure that the grump how a positive lapa6f on the awi"uont of alndrltles and .been In the Industry, ensures that tie Ooneretr banefits of the program are reflected in the Contreetbr's minority aw female mrkforce participation, makes a good feltm effort to meet Its individual goals end tleetbbles, and Cant provide access to d*CLIRO tton which deeonstratee the effectiveness of actions taken on behalf of the Con"rbohow. The Obligation to comply, however, 1s the cen"rseTer's and falIure of such a group to fulitII an obligation snail not be a defense for the Contractor's noneompllame. 9. A single goal far minorities and a sapa- rate single owl for %*Wen he" been esteb- I l shed. The Caft"W1er, hemmer, Is required to pra,ld* equal employment opportunity and to take afflrmative action for all minority groups, both man* and female,- and ell .omen, botk'minrlty and Wan - enmity. Consequently, thl Contractor my be in violation of the Executive Order If a ParTICUIr group Is employed In a substsntlally disparate manner Lfor sample, even though the Contractor has achieved its goals for women generally, the Contractor may be In violation of the Executive Order If a spGlftc e(ncrlty group of women Is undarutlllsed). A -17 It 1hr' Corrector' "akf l l • Garry: ' Goya 6VG*•• ' z sanctions and Penalties' for violation of these soeelflastl6ns and of the Equal Opportunity C1auae, Including suspension, tdrmlnatlew end cancellation of emistinng subcontracts as may be Imposed or ordered pursuant to Eveeutive Order 11246, as amended, and Its Implementing r*91r lotions, by the Office of hdersi Contract Ceaplteam programs. Any Contractor who falls tai Garry Gut such sonettons and penalties shots be In violation of these specifications and Executive Order 11246, as amended. 13. ?he Cowtreetbr, In fulfilling Its 6bligitlows under "Wee specifications, shall Implement specific affirmative action step, at least as extensive as these sta"WU prescribed In Pon of 7 of . these speci fl- oatlons, so as ft achieve Swim a results from Its efforts to ensure equal employment cover- ?unity. If the. Cowtrsctvr falls to comply with the - oulremanfs of tine Es* Iwo Order, "ee Implementing regulations, or ttnese spool - flent)ons, the Director shall Proese0 In accordance wl" 41 CPR 60 -4.8, 14, The Contractor shall designate a responsible official tb mooltor all employment related activity to ensure that the company EEO policy is being carried put, to submit reports relating tp the provisions hereof as Spy be required by the Oovernrsnt and to keep records. Records shell at least Include for won employee the name, address, telephone numbers, am uetlm trade, union afflllatlon If any, emoloyee Identification number when assigned, social security number, rues, sek, status (e.g., mechanic, affl"Wee, train**, helper, or lower), dates of changes In status, hours worhad Per week In the' Indicated trade, rote of pay,'and locations at which fat work was performed. Records she ll be wsintrind In at ratf levab7e fora; ewe 1st 1ng records Contractors shall $*We" records. easily undrsftable and however, to tee degree that satisfy "is reavireeent, not be reoulres to maintain 15. Nothing herein provided shall be eon - strves as 8, limitation upon the application of other ►awes Which establish dlffe cal staMards of Compliance or upon the application of. reoulreeeets for the hiring of local or enter arm residents (e.g.. themm under the Mblle ►larks 6x01 ow sm t A 1971 and the Cosaun 1ty Oeveiepment Block Grant Program). 16. In addition to tee reporting repulramants sot forth alsaehere In eels eontrset the Contraetnr and subeaetraeters holding subcontracts, net Including Material suppllers, of S10,000 or Men. shall submit for .very month of July during which .ark Is pa 10 e4101eymaet We as contained under Para PR -1391 (All 'lit C to 23 CPR, Part 2301. and In aumvance 11th the Instructions Included tharean. A -18 r1 LJ CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the and duly authorized representative of the firm of whose address i syZSi i g.oeK 4 , vrf , fil.g. Cti an t a ne er nor the above firm I ere represent a (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this agreement involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. / �ZU S - to gnature 9M M EXHIBIT "C" ATTACHMENT NO. 1 SURVEYING SERVICES FOR PACIFIC COAST HIGHWAY WIDENING (C -2565) 1. Office work, note reduction, calculations, checking grade sheets, etc. . . . . . . . . $ 33.00 /hr. 2. Two -man Survey Party. . . . . . . . . . . . $ 97.00 /hr. 3. Three -man Survey Party. . . . . . . . . . . $.137.00 /hr. 4. Four -man Survey Party . . . . . . . . . . . $ 173.00 /hr. C -1 LIFFORD A. FORKERT • CIVIL ENGINEER 22311 BROOKHURST HUNTINGTON BEACH. CALIFORNIA 92646 (7 14) 963 -6793 STANDARD RATES SCHEDULE OF CHARGES CIVIL ENGINEERING & SURVEYING Effective August 1, 1986 R A T E HOUR DAY ITEM I - FIELD: (1) 40 hours per week, 8 hours per day, operating from Headquarters: a. Field Inspector $ 42.00 $336.00 Plus mileage b. Furnishing Field Supervisor $ 46.00 $368.00 C. Furnishing Two Man Survey Party $ 97.00 $776.00 d. Furnishing Three Man Survey Party $137.00 $1,096.00 e. Furnishing Four Man Survey Party $173.00 $1,384.00 (2) AUTHORIZED OVERTIME: a. Time worked in excess of 8 hours per day, (excluding travel time) and for work performed on Saturday (maximum 11 hours), multiply above rates by 1.3. b. For work performed on Sunday (maximum 11 hours), multiply above rates by 1.6. (3) PER DIEM: a. When job location requires men to work away from Headquarters - Board and Room furnished: Add $45.00 per day, per man. (4) SPECIAL SURVEY EQUIPMENT - Addition to crew rates: 1. Electronic Measuring Equipment - Long Range: Plus $20.00 hr. 2. Electronic Measuring Equipment - Short Range: Plus $12.50 hr. C -2 a . CLIFFORD A. FORKERT MCIVIL ENGINEER 22311 BROOKHURST HUNTIN GTON BEACH, CALIFORNIA 92646 (714) 963 -6793 SCHEDULE r ULE OF CHARGES (STANDARD) - Auust 1, 1986 ITEM R A T E II - OFFICE TIME: HOUR DAY (1) a. Drafting $30.50 b. Calculating $33.00 c. Design $37.00 d. Supervisor $40.00 e. Legal Description Writing $38.50 f. Title Examination $38.50 g. Look -up and delivery $2.0.00 h. Document Typing $20.00 i. Professional Consultation $55.00 j. Project Technician $23.50 (2) AUTHORIZED OVERTIME: a, Time worked in excess of 8 hours per day and for work performed on Saturday (maximum 11 hours), multiply above rates by 1.3. b. For work performed on Sunday (maximum 11 hours), multiply above rates by 1.6. (3) PER DIEM: a. When job location requires men to work away from Headquarters - Board and Room furnished Add $45,00 per day, per man. ITEM III - PROFESSIONAL SERVICES a. Registered Civil Engineer, $55.00 /hr b. Registered Civil Engineer - 8 hours per day basis, away from Headquarters Board and Room required $500.00 /day C -3 R A T E II - OFFICE TIME: HOUR DAY (1) a. Drafting $30.50 b. Calculating $33.00 c. Design $37.00 d. Supervisor $40.00 e. Legal Description Writing $38.50 f. Title Examination $38.50 g. Look -up and delivery $2.0.00 h. Document Typing $20.00 i. Professional Consultation $55.00 j. Project Technician $23.50 (2) AUTHORIZED OVERTIME: a, Time worked in excess of 8 hours per day and for work performed on Saturday (maximum 11 hours), multiply above rates by 1.3. b. For work performed on Sunday (maximum 11 hours), multiply above rates by 1.6. (3) PER DIEM: a. When job location requires men to work away from Headquarters - Board and Room furnished Add $45,00 per day, per man. ITEM III - PROFESSIONAL SERVICES a. Registered Civil Engineer, $55.00 /hr b. Registered Civil Engineer - 8 hours per day basis, away from Headquarters Board and Room required $500.00 /day C -3 LIFFORD A. FORKERT • CIVIL ENGINEER 22311 BROOKHURST HUNTINGTON BEACH, CALIFORNIA 92646 (7 14) 963.6793 SCHEDULE OF CHARGES (STANDARD) - August 1, 1986 ITEM III - PROFESSIONAL SERVICES (cont'd) : C. Registered Civil Engineer - Consulting . GENERAL CONDITIONS: R A T E HOUR DAY $55.00 (1) Headquarters, as referred to herein, is our Huntington Beach Office. (2) The schedule of charges for survey parties, as shown above under Item (1) c, d, and e, includes transportation (4 -wheel "'rive excluded) , within a radius of 25 miles of Headquarters; survey instruments, equipment and insurance as required to perform various types of land surveying, excepting jobs requiring special instruments and equipment, or of an unusual nature, such as: a. Triangulation surveys requiring first and second order work. b. Surveys requiring electronic distance - measuring equipment. C. Precise level surveys. d. Hydrographic surveys requiring off -shore equipment. e. Work in remote areas not practically accessible by automobile transportation or where the establishment of a camp site is required. (3) Jobs that require survey parties of two or more men where the job location is beyond a radius of 25 miles from Headquarters, a charge of $0.40 per mile will be made for each mile over 50 miles of travel each day, unless otherwise noted. Jobs requiring one man operation, such as Chief of Parties, Field inspectors, Field Supervisors or Registered Civil Engineers, where the job location requires the employee to work from a field office or field Headquarters, and transportation is required a charge of $0.40 per mile or a minimum of .$35.00 per day for each vehicle will be made. C -4 CLIFFORD A. FORKERT r • CIVIL ENGINEER 22311 BROOKHURST • �'�� HUNTINGTON BEACH, CALIFORNIA 92646 (714) 963 -6793 SCHEDULE OF CHARGES (STANDARD) - Auaust 1, 1986 GENERAL CONDITIONS (Cont'd): (4) when 4 -wheel drive equipment (jeep) is required, a charge of $35.00 per day will be made for each vehicle. (5) Material to be charged at cost, plus 20 %. C -5