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.
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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
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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
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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