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Home My WebLink AboutC-2565(C)January 6, 1987 CITY OF 9� S NEWP CRT BEACH, T0: CITY MANAGER C° FROM: PUBLIC WORKS t- JAN$ 1987 ?? RECEIVED SUBJECT: COAST HIGHWAY WIDENING - SERVICE AGREEMENT C;r,..,m,i*K . Enclosed for your execution, in triplicate, is a service agreement to retain Twining Laboratories as a materials lab to perform various soil tests to widen the subject roadway. The materials lab will be used as a back -up lab in the event the County of Orange is unable to perform necessary testing as required on Federal projects in a timely manner. The fee for the services is not to exceed $10,000.00. The agreement has Caltrans approval and will be funded at the standard 86% Federal /14% City ratio. Sufficient funds are in the current budget. 44 Benjamin B. Nolan Public Works Director HH:jb 0 40 CONSULTING SERVICES AGREEMENT FOR WIDENING PACIFIC COAST HIGHWAY FROM JAMBOREE ROAD TO Mac ARTHUR BOULEVARD THIS AGREEMENT is made and entered into this day of by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and the firm of TWINING LABORATORIES, 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 October 1, 1986, to perform material testing assurance observation; 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. Iof6 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 Provide qualified personnel to observe material testing procedures performed by the City's testing consultant, to assure the tests are being property executed. 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 3310 Airport Way, P. 0. Box 47, Long Beach, CA 90801. 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 errors, omissions, or negligence of CONSULTANT. If this Agreement is terminated for any other reason, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of the fee schedule contained herein. 2 o 6 VI. TIME OF COMPLETION The execution of the Agreement by the parties hereto constitutes authorization to proceed. VII. PAYMENT AND FEE SCHEDULE A. In consideration for the performance of the specified services, CITY hereby agrees to compensate CONSULTANT a fee not to exceed the amount of Ten Thousand Dollars ($10,000). B. The contract amount shall be paid in monthly partial payments based on billing for hours expended and costs incurred during the preceding month. Billings submitted shall be based on the FEE SCHEDULE set forth in Exhibit "C" attached hereto. C. CITY agrees to reimburse CONSULTANT within Thirty (30) days after receipt of CONSULTANT's invoice. Invoice shall include classifi- cations of personnel, dates and hours worked. VIII. ADDITIONAL WORK No change in the character, extent, or duration of the work to be performed by CONSULTANT shall be made without prior written approval from CITY. Any such additional work shall be performed on an hourly basis in accordance with the hourly rate schedule set forth in Exhibit "C "; IX. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of the services done under this contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly iden- tified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives the CITY the right to examine and audit same, and to make transcripts therefrom as deemed neces- sary and to allow inspection of all work, data, documents, pro- ceedings and activities related to this Agreement. X. INSURANCE A. CONSULTANT shall furnish the CITY with certificates showing the type, amount, class of operations covered, effective dates and 3of6 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. B. 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. C. 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 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. 4 of 6 ' l 1 • • I it 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 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. 5of6 E 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: APPRQV1rD AS TO FORM: I(, BY: 1 ri!f \1l CU C'ltq"Attorney Address & Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 (714) 644 -3311 Twining Laboratories 3310 Airport Way P.O. Box 47 Long Beach, CA 90801 (714) 828 -6432 CITY OF NEWPORT BEACH, a Municipal Co-rrpporation( , Robert "L.'Wynn, City Manager TWINING LABORATORIES By:iifidf C9 VV 6 of 6 • EXHIBIT "A" 6-1.05 REOU I Rm Cp(1RA(T W4V I S l OMS FUCRAL-AID CONSTRUCTION CONTRAC73 1. APPLICATION 1. These contract provisions shell apply te all War% performed an "as Contract by rte Contractor eel" his eon argon I at ion and . wl 11l tM assistanee of Workman under his Immediate superietenomnes and To all .ark performed an The contract by piecework, station Work or by subcontract. 2. Contractors and subcontractors shall Insert In all subcontracts the entire Contents of this form PR -1273, The Contents of This two snalI Fiat - be Inc" Pam sted by reference. The Contractor shall to responsible for comb 11 once by at I subebntrsetar s With the contents.of this far* PR -1273. 3. A breach of any of the stipulations Con+ tamed in these Required Contract Provisions 61" be grounds for termination of the con- tract, 4. A breach of the following Clauses may be grounds for debarment by the Department of Labor me IN Contractor and a subcontractor as Provided in 29 CFR 5.12(a)(1): A -1 Section 1, paragraph 2; Sect 1Cn IV, peregrapns t. 3, 4, 6, 7, 9, t0 and It Section y, paragraphs 1,2, and 4; Section XI it, EO , C 1POTrU 11Tf 1. Soleetloo of tabor: curing the Performance at ftis Contract. the Contractor shall not discriminate against tabor free any other State, possession or territory of the United States. Z FaNel+aat Frocfiw: The Equal Employment CROW lag ity Affirmative Action Notice sat forth In 41 CFR 60 -492- and Equal Baplor"ot 0000r nity Construction Canreet Speeiflestlons set fort: In 41 CPR 60-4.3 are Incorporated by reference In ttls contract. 3. ravel Oppartesity Mamas: Our ino the Par fammonea of ttls Contract. "a Contractor sprees si follows: a. The contractor will not dlserlminate age Inet any employee or notlosnt far employment because of race, color, religion, sea, or national origin. The Contractor will take affirmative action to ausure That *cot [cents are employed, and "hat employees are treated during employment without regard to fair rocs, color, religion, sea, or national origin. Such action stall Include, but not be Ilelted To the tat lowing- employment, upgrading, demotion or transfer; recruitment or rWC ultment advertising; layoffs er termination; rates of pay or otter farms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post In conspicuous plot", available to woloyees and 40011cants for employment, notices to be provided by tie State highway department setting forth the provisions of this nondIserlminatleft Clause. Page 1. Application FR -12 II. Equal cow runity FR -12 I11. Nonsegregated Fecllltlss FR -14 IV. Pmyweet of Predetermined Minimum Nag FR -13 Y. Payrolls and Basle Records FR -18 Vt. Record of Materials, Supplies and :mbar FR -19 yll. Subletting or Assigning the Contract FR-20 rill. Safety; Accident Prevention- FR -21 IX. False Statements Ca+esrning . Nlgb.ay Project FR -21 X. Imptemmsntatic" of Clow Air Act and Federal star Pollution control Act FR -22 XI. Contract mark Yews and Safety Standard Act Requlrauonts- FR -Z2 1. APPLICATION 1. These contract provisions shell apply te all War% performed an "as Contract by rte Contractor eel" his eon argon I at ion and . wl 11l tM assistanee of Workman under his Immediate superietenomnes and To all .ark performed an The contract by piecework, station Work or by subcontract. 2. Contractors and subcontractors shall Insert In all subcontracts the entire Contents of this form PR -1273, The Contents of This two snalI Fiat - be Inc" Pam sted by reference. The Contractor shall to responsible for comb 11 once by at I subebntrsetar s With the contents.of this far* PR -1273. 3. A breach of any of the stipulations Con+ tamed in these Required Contract Provisions 61" be grounds for termination of the con- tract, 4. A breach of the following Clauses may be grounds for debarment by the Department of Labor me IN Contractor and a subcontractor as Provided in 29 CFR 5.12(a)(1): A -1 Section 1, paragraph 2; Sect 1Cn IV, peregrapns t. 3, 4, 6, 7, 9, t0 and It Section y, paragraphs 1,2, and 4; Section XI it, EO , C 1POTrU 11Tf 1. Soleetloo of tabor: curing the Performance at ftis Contract. the Contractor shall not discriminate against tabor free any other State, possession or territory of the United States. Z FaNel+aat Frocfiw: The Equal Employment CROW lag ity Affirmative Action Notice sat forth In 41 CFR 60 -492- and Equal Baplor"ot 0000r nity Construction Canreet Speeiflestlons set fort: In 41 CPR 60-4.3 are Incorporated by reference In ttls contract. 3. ravel Oppartesity Mamas: Our ino the Par fammonea of ttls Contract. "a Contractor sprees si follows: a. The contractor will not dlserlminate age Inet any employee or notlosnt far employment because of race, color, religion, sea, or national origin. The Contractor will take affirmative action to ausure That *cot [cents are employed, and "hat employees are treated during employment without regard to fair rocs, color, religion, sea, or national origin. Such action stall Include, but not be Ilelted To the tat lowing- employment, upgrading, demotion or transfer; recruitment or rWC ultment advertising; layoffs er termination; rates of pay or otter farms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post In conspicuous plot", available to woloyees and 40011cants for employment, notices to be provided by tie State highway department setting forth the provisions of this nondIserlminatleft Clause. q 0 p, The contractor will, in all sollclt*- tlons or advertisements for employees placed ay or an behalf of the Contractor, state mat all sualitled appllcantt will receive consid- arstlon for employment without regard to race, color, religion, sew, or national origin. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or; other Contract or understanding, a notice to be provided by. ilea State hI9ft"y doper"Nowl advising the sold labor union or workersn representative of "a Contractors mmmllments under this seetlon II -2 and shall post copies of "a notice In Conspicuous places available to ancloyees and soolleants for employment. d. The eontraetal will comply .wlth all grow ISides of fitaeutive Order 112" of September 24, 1965, and of the ruIas, regulations (i1 CFR, Part 607 and relevant orders of "a Secretary of Labor. e. The CollI so ft will far" Ian ell Information and reports reoulred by Executive Order 11246 of September 24, 1965, and by rules, regulations had orders of The Secretary Of Labor. or pursuant "Wrote, and will permit access to his books, records and accounts by the Federal Highway Administration and the Secretary of Lobor for purfat"s of 'Investiga- tion tp ascertain compliance with such rules, regulations and -orders. f. in the *want of the contractor's noncompliance with "M nendlscr lot notion clauses of this contract or with any of "a sold rules, regulations or orders, 'this contract may be canceled, terminated or suspended In whole or In part and the Contractor may be declared Ineligible for further 9overmment contracts or Federally- assisted construction contracts In accordance with procedures authorized in Executive Order ,11246 of September 24, 1965, and such other sanctions way be Imposed and remedies Invoked as provided In Executive Order 11246 of September 24, 1967, or by rule, regulation or order of the Secretary of Labor, or as Otherwise provided by low. 9. The contractor will Include the provl- slens of this Section 11 -3 In every subcontract 9 or purchase order unless Mowpted by rules, regulations or orders of the Secretary of Lobar Issued pursuant to section 204 of Executive Order 11246 of September 24, 1963, so that such prow Islons ' will be binding upon Men subcontractor or vendor. The contractor will take such action with respect To � any subcontract or purchase order. as "a State highway department or the Federal Ni ghwy Administration soy direct as a Beans of enforcing such provisions Including sanctions for noncompliance: Provided, however, the? in the avant a contractor becomes Involved In, or In Is Mrastened with litigation with a subcontractor or vendor as a result Of such direction by :lee Federal Nignway Administration, "a contractor Bay rediumt the United States to afar Into such litigation to protect the Interests of the United Stall. 4. Selection of Seamwtreaters, Frpbarement of No a fats, sad teasing of Eaalponat: Oaring the pericineweea of this contract, "a cbntrsdtOr,'for Itself, Its assignee and successors In Interest ( herainafter WON to as The •ContrW"Ir') agrees as follows: = a. Compliance With Requlatlehs: The contractor shell dimply with the Regulations relative to nondiscrimination In tederally- asslsted programs of the Oepsrtment of Trans" rtatlon, Title 49, Code of Federal_ Regulations, Ps" 21, as. they cosy be emended from tlma Tp time, (hereinafter ratorred to as the Regulations), which are herein Incorpo- rated by reference and male a Do" of this contract. A -2 b. Nondiscrimination: The contractor, with regard To the work pertarmed by It during the contact, shall not discriminate an the grounds of race, color, sax or national origin In the selection and ra»ntion of subcon- tractors, Including Prom won" of moTer la l s and losses of edulpment. The contactor shall not pa"Iclpate either directly or Indirectly In "a discrimination prohibited by sactlon 21.5 of the Regulations, Including employment precticros --=.n "a contract covers a program Set forth In Appendix 6 of The Regulations. c. Solicitations for Suoeontrects, Ineiuo- ing Procurements of rrterlals and Equipment: In all solicitations either by competitive blddl','g or negotletion mode by the contractor for work to be performed under a WOCOn tract, Including procurements of materials or losses of equip to each potential subcontrsetor or suoolier shell be notified by the contractor Of the contractor's obligations under this contreet and the Regulations reiative to nondiscrlainstlon on the grounds Of race, color, sea or national origin. d. Information and Reports: The contrsefer still provide all Information and reports required by this Regulations, or directives Issued pursuant thereto, and shall permit access tb Its books, records, accounts, ~ sources of Information and Its facll►tln as may be determined by the State highway depart went or the Federal Highway Mminlstratlon to be pertinent to ascertain eomollanee ■IM such Regulations or directives, where any Infarme Plan required of a contractor Is In the exclusive possession of another who falls or refuses to turn Ish this Information the contractor shale so certify to the state highway department, or "a Federal Highway Administration as appropriate, and Poll sell forth .nat efforts It has made to obtain the Informatlon. a. Se"CTI its for Hone. silence: In the event of the contractor's noncompliance with the nandlserlm►notion provisions of fats contract, the State highway depertaent shall Imeose slash oontraet sanctions as It or the Federal Highway Mminlstratlon may determine to be 80VO Aare, including but not limited to: (1) withholding of payments to the contra" tor under the contract until the contractor comolln, and /or (2) cancellation, termination or suspension of the contreer, in whole or In part. to Inoararatlon of Provisions: The can - tractor shell Include foe provision of this parogrooh a In every subcontract, Including procurements of materlals and leases of equip. went, unless exempt by the Regulations, or directives Issued pursuant thereto. The con - fractbr shell take such action with respect to any subcontractor or procurement as the State highway department or the Federal Highway Mminlstratlon may direct as a means of enforc- Ing such provisions including sanctions for A -3 noneowpllance: Provided, however, that, In the event a Contractor beeamee involved In, or Is threatened with, litigation with a wbadntree- for or supplier as a result of such direction, the contractor may request the state highway deper"ont to enter Into such 11t198tlon to protect the interests of the State, and, In addition, the Contra~ ems request the United States to ammo Into such 11119ltlon to pro gal the Interests of the united States. 111. VIONSIDIMMATED FACILITIES (Applicable to Federal old construction contracts and related subcontracts eseeadIng 510,000 which are not exempt from the Equal Opportunity clause.) By submission at tots bid, The exaeutlon of this contract or subeontrset, or the cbnsuso� wtlon of this wrorial supply agreement, as sppropriat, "a bidder, Federal -old constrac- tlon coM'raetor; subcontractor, or mmtarlal supplier, as appropriate, asrtlfies that he does not melntain or provide for his employees any segregated facilities at any of his establishments, and that he don not welt his aeplalee to perform their services at any location, under his control, whore segregated facilities are aeihhtalnad. He certifies turtnar tot he will not maintain or provide Per his employees any segregated facilities at any at his establishments, and that he will not permit his employees to perform their services at May loca*lon, under his control, where segregated tocllltln are Mlntolned. we agrees that a bread+ of this certification Is a violation of the Equal Opportunity Clause In this contract. As used In tnls cartlficatlon, the farm slog at" facilities* means any molting rooms, work areas, restrooss and moshrooas, restaurants and ether mating gross, tlmeelocks, locker roams and other storage or dressing arses, arking lots, drinking town-Pains, recreation Or entertainment areas, traesportgrlon, and housing facilities provided for smoloyess which are segregated by explicit directive or are In feet segregated bn the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees mat (except where he has Obtained Identical Cart1f1catIons tram proposed subcontreelo s and moterlal suppliers for specific time periods), he will obtain' Identical certification from proposed subcontractors or mater l al suppI Ier s or for to the award of $upcontraCt$ or the confumwmtion of material suoply agreements, ewceeding 510,000 vnich are not exempt from the provisions of the Equal 00portunity elauSe, and that he will rstsln such certifications In his tiles. ly. PAYOW OF Aliff0fTe DMIUM 161MI (M UMS 1. general All eecf+en►es and laborers employed or wark- Ing uo" "a site of fns work shall be paid uncowmitlonally and net less often than Ones a week, and v "Out subsaauent deduction or rebate on any account (except such payroll deductions as are permitted by. regulations I $sued by The Secretary of tabor under the Copeland Act (29 CM Part 3)), fns full amount of wages and bone fide fringe benefits (or cash equivalents thereof) due at Twee Of payment, apmputed at rates not lea$ Then the wage do ination of the Secretary of Gear which Is attached hereto and mode a part hereof, regard I au of any contract" 1 relationship which say be alleged to exist between The contractor and such laborers and macAnlcs. Cgntrlbatloas made or casts reasonably anticipated far bone fide fringe benefits under section 1(b)(2) of Ma Dow IaBecon Act on behalf of laborers or mechanics are consldred cages aid To such laborers or mechanics subject fa tee provisions of paragraph 4 of this section; also, regular contributions made or costs Incurred far leers titan a weekly paled (but not less otter than quarterly) under plans, funds, or "rums which cover tM particulr weekly period, are deemed To be constructively made or incurred during such weekly period. Such laborers and mechanics snail be paid TM approorlste wage rate and fringe benefits on the wage detrmlastlgn tar the classification at work aeltoal ly performed, without. regard To skill, except as provided In paragraphs 0. T, and ! of This section, Laborers or mechanics performing work In more than one classlflgaTlon say be Compensated at the rate soeeftled for each classification for the time actually worked "wort Ini Provided, That the emoloyer's payroll ram ds accurately set forth the time spent in each c(.ass(fication In which Work is performed. The wage determination (Including 'I any additional classification sod wage- rates conform" under paragraph 3 and N of this section) and The Davis-Secon poster (WM -13211 shall be posted at all times by the contractor and Its subcontractors et the site of the .ark In a prominent and accessible place Where it can be Seel I seen by the workers. A -4 2m Payment of Excess wages: While fM wage rates shown are the ornlmum rates required by the contract Tag be paid during Its life, this is not a representation That labor don be obtained at fne" rates. No Incremme In Tito contract pride Snell be allowed or authorized oh account of the payee" of wags rates in excess OT ?"SO Ilsted therein. 3, closalflentlems a. The State highway ago" csntrseting officer shall reoulre fist any class Of laborers der mechanics which is not listed In The wage deTrmination and which Is to be employed under -the contract shot be classified In conformance with the wags determination. The state highway agency contracting officer shell approve an additional classification and wage rate mad fringe boneflyS Therefor only whoa TM following crlteris lure been act: (1) The work to be pertained by, the . Classification requested I s .not prtrmcd by a classification in tM wage dereralnatlon; and (2) The classification Is utilised In the orm by the construction Industry; and (3) tha proposed we" rate, Including any bona fide fringe benetlts, bears a reasonable relationship To the wage rates conts+lned in the wage do of Instlon. It. if the contrsetof and The laborers and mechanics to be employed In the classification (►f known), or their representative, agree with the classification and wage rata (including the amount designated for fringe benefits woors aporpprlate), a report of the action taken shell be sent by the State highway agency cntrscting officer to. the Administrator of ye Wage and ►bur division, &woIolment Standards A" In I a"#? left, U.S. Department of labor, Washington, O.C. 20210. The Administrator, or M - authorized representative, will approve. modify, or disapprove every additional classification gction within 30 days of rec*lpt or will notify the State highway agency oee?reeting officer within me 30-day period that additional time Is necessary. C. In Ina avert Pte contractor, or the laborers or mechanics to be employed in the classification or "air representatives, do not ogres, with the State highway agency oca l acting Officer an the proposed Classification and wage rata (including the amount deslgneted tar fringe benefits, .nave appropriate), the State nlgnway agency contracting officer shop rotor the questions, Including the v►aas of oil interested po"l*s and rte recommendation Of ma State highway agency cowls- ting offlnar, to the Administrator, re" and Hour Division, Department of Labor, for determination. The Mail n I a I, stor, Wage and }bur Division, Department of Labor, or an *at act lZed representative, will Issue a defarminatlon wlthln 30 dogs of recelpt or will notify ten State highway agency contracting officer within the 30-day period fnat additional time Is necessary. ♦. Fri"o S"matItss a. The eago rate ( Inc 1 ud Ing fringe benefits where appropriate) determined puramnt to pgragraons 3 b and C of this section, shall be cold to all warkmr$ performing work In the classification under "is contract tram the first day on which work Is performed. In the classification. b. Whenever the minlmam wag* rate prescribed In the contract tar a class of laborers or mechanics Includes a fringe benefit which Is not !*pressed as M hourly rote, the contractor shop either pay the benefit as stated In the. logo deteraingtlon or snail pay another bona fide tr Inge b*hetlt or an nearly Cash equ(vel Mt•fnoreot. C. If the contractor does not make payments to a truatea or other mlyd parson, ten contractor may consider as part of the loges of any laborer or mechanic ma amount of any coats •A -3 • reasonably anticipated In providing Dona fide fringe benefits under a Dian or program, Provided, That rho Secretary of Labor has found, upon the written request of the contractor, roar the goal IcAOI* standards of the Dov I s•49econ Act have been met. The Secretary of Labor may roqulr* tta Osntreetor to amt said* In a $eggs" account assats for the ageting of obligations under the plan or arpgrma. s, n"A014lags a. The State• hIgnmey agony shell, upon, Its am Initiative, or upon wrIMM request of an authorized representative of ten Oscar%"+ of Labor, withhold, or came to be withheld, from fho COntroc"r under "is mmntreot, or any other contract between It and the contractor, subject to Davis -fliean prevailing wag* requirements, so much of fen seerued peymants or advances as may be conildered necessary to pay taperers and meehonles, Including apprentices and trainees, employed by ten oontraeter, or any subaontra~, ten full *amount of wages required by the we me!, b. In addition "Wrete,.tna Federal Highway Ada(nlsfration $fell, upon Its own initiative, or upon written request of an autnar ►zod hreorassntative of Ina Deportment Of Labor, wlthho•Id or cause to be wl"he ►d tram Ina mntraetar under cols contract, or any Federal contract wlm ten Contractor, or ply other federally.es$Isted dontradt subject to Dow l s -Macon prwo l l l ng wage reau l rem ants which Is hold by the contractor, so much of ten accrued payments or sovencet as a" be necassgry to amke rho payments set tarts in paragraph a. of this section. C. In the event of failure to pay any laborer or mechanic, Including any apprentice or trainee, 0"Icyed or working an ten site of the work, all or port of ten wages reaulred by the contract, me Federal Highway Adwlalstration may, after written notice to the Sts? - :iighway agency, taw such motion as. dry b.• necessary to Cause the $"scansion of any further payment, advance, or guarantee of funds until such violations have Mooed. 4 Apprpt (See ((iepertsnt at Laow) : Apprentices VIII be peraitted to .ark at lass than the predetermined rata for the work y ".y pertorm when they are amployed pursuant to, and individually registered In, a bona fide sporenTichlp program registered with The U.S. es Deportment of labor, Employment and Training Administration, Bureeu of Aggrentleeshlp and Training, or with a State Apprenticeship Agency recogn 1 zed by that Bureau, or If a persar Is eapl0yed In his or her first 90 days of probations/ employment as an apprentles In such an apprenticeship program, who Is not Ad I I dug I I rag Istored In the program, but wind has peen csrtItIad by The Bureau of Aporentleesnlp and Training or a State Apprenticeship Agency (wire aOpraprlate) to be eligible far probationary amblbys -aM as an apprentice. The allowable ratio of. SOON to. journeymen on the Job fife In any arch classification shall not be greater Tin the ratio permitted to ti contractor as TO ti entire work fares under The reglsMad program. Any worker Ilstad on a payroll at nn svprentIan wage rate, who Is not ragIstared or otherwise employed as s"Ted above, shell be paid not I ass then the opp l s cab 19 wage rate an ti wage determination for tha classification of work act"I ly performed. In addition, any soorenTlcs performing mock on The Job site In excess of The ratio permitted under Tbe registered program "If be mid rot leas fin the soollcable wage rata an the wage determination for the work actually performed. snare a contractor Is parforming construction On a CrOJect In a locality Other than that In which Its program is registered, the ratios and mega rates (expressed In :percentages of The jour oymen's hardy rata)' specified In ti contractor 1* or subeor►rpeTOr I s registered Program shell be observed. Every apprentice must be paid at not less than ti rate saeclfled In ti registered. program for ti aoprenticers level of progress, evoresSed as a WCOntage of the journeyman hourly rate specified In the applicable cage determination. AOPrentless shall be paid fringe beneflts In so'Mrdenc%• with "a provisions of the soorehTlcashlp program. If the apprenticeship orogrow deem not *ossify fringe benefits, apprentices must be paid Ti full amount of fringe benefits listed o,. the Wage determination for The applicant* i cI ass Ifl Orr ton. If the Administrator, raga and lour Division, d*termines that a different Practice prevelis for the applicable apprentice classification, fringes shall be paid In accordance with tit eeTerminOTlon. In the went the Bureeu of Apprenticeship and Training, or a 5t111te ANWORTIemehip /genes reragniZed al, that Bureau, wlthdrsws approval of an apprenticeship program, the Contractor will no longer be pormirred to utilized apprsntless at lass "an the applicable 0 re0efermxined rate for the work porfereed until an seeeptable program Is approved. A -6 7. Trainees (Depmrtlaw of Labdr)s bwapt as provided In 29 Cfli 5.16, trainees will not be permitted tO work at loan than the presstsrmined rate far tM work perfam unions they aM. ambioyed pursuant fm and individually reglat0 In a pragrme Mich has received prior approval, evidenced by formal certification by the- U.S. Departwant of Labor, Wicy"em and Training Administration. The ratio of trainees to Journeyman am the Job site snail not be,grestar than permitted andar the plan evorowed by the Employment and Training Administration. Every train** nut is pale K hat less than the rate specified In the approved program far the "i nee x a laws, of progress, expressed as a percentage of The Journamms no rly rata smcltled In the applicable wage determination. Trainees sill be paid fringe benetlts In accordance wain the provisions of ti "I"D program. It the train** program does not mention fringe De aft", trainees Sill be paid the full amount of fringe benefits Iistee on the Wage determination unions the Aaminintrotor of the rage and your Division determines that 'tire is an sooranTlesshlp program associated with ti corresponding Journeyman Wage rate an the wage determination union provides for Iasi than tuft fringe benefits tar apprentices. Any employee listed On the payroll at a trainee rate who Is not registered and participating In a training plan approved by the Employment and Training Administration shall be paid not lass tin The a"IIcable wage rate on the wage determination for ti classification of work actually performed. In addition, any trainee performing Work on ti Job site In *rases of the ratio permitted under 'the reg i stared program shall be pa I d not Isss tnsn the applicable wags rata on the raga determination ter the work actually perfornned. -In tht event the. Employment and Training Administration withdrew$ approval of a training prograe, the contractor will no longer be permitted . to utilize tralnees at less than eta 60pllcable predofsrmined rats for the work performed until an apceotable progrm Is approved. e, Aopreeticas end Trainees IF digs —S of 0gertmeat of Traeasertstice)s Aporentleas and trainees working wider apprenticeship and skill 1Ta4ning pregr�a which new been esrtlfied by time Seererery'of Transportation as prompting Doual 4aaplavmeet opoertunity In Connection wit" Federal -aid highway construction program are not Subject- to tat reauiromants of Section ly, peragnpns 6 and 7. The straight ties hourly age rates ter aptenticas and frslnets under such Fag M w i l l be estab I i send by the parts al sr progrs.s. 9. Bsarl bapioymest Copertan)tyf The uTlllatlon of apprentices, trainees, and journeyme under this pert shall be In eenferMity with the aaasl we Ioyaenat eveartunity requirements of fivauttve.Omer 11246, as amended,and 29 CPR Part 30. 106 Cs■N Is"* eat% Cosiand Act reaalrevow"s The contractor shall epmoly with eta ►epulremtnts of 29 CPR Part 3. which ere tcaeorsarated by reference In this contract, 11. Came Ilame with Dow ls•iaeam and ftietae Apt regeiremwn"s Rulings and Interpretations issued under the Dpvls -Bacon and Related Acts eontalned In 29 CPR Arts I and S are herein Incorporated by rsfetance In this contract. J 12. tllapataa opaearplaq laser stoodaress 61 sautes' or 1 s 1 nq out of to I soar standards prevlslons of this Contract spot! not be suajeet to the general d129411es Clause of this contract. Such disputes sail be resolved In accarCnce with the procedures of the 1 J Dtpsrtaent of Labor set forth In '29 CFR Parts S, 6, and T. Disputes within the meaning at this Clouse Include disputes between tha cartradtpr (or any of Its subcontractors) and the State highway contracting agency, the U.S. Dtpartaent of Labor, or the eaplpyees or their representatives. 13. CM- ificitien of 91191billtys By a ov Ing Into Weis contract, the evotradtor certifies that neither it nor any person or firm who has an interest In "to cog! Wtarms firm Is a parson or firs Ineligible to be awarded Government pontrs Ts by virtue of section 3(a) of "a Dswis -2saon Act (49 U.S.C. 776r2(a)) or 29 CPR 1.12(0(1). 14, Flow latices ae Sabmatrastingc W part of this contract shall be scocpntractad to any paw Or firm Ineligible far owed of a Government contract by Wirt" of seatiea 3(a) of tea Davis -Bacon Act (40 u.S,C. 276& -2ta)) or 29 CM S.12ts)t1). A -7 1% Pamelty far }sloe ststeeaatss The penalty for asking false a" emants Is a fine of net Mare ttaan $10.000 or (Mprlsenaaent for not Mare rhea five years or Dote as 11r11serlbed by 15 U.S.C, 1001. t. fMIV LU AIfD.11"IC PUMM 1. Casemate end rafaatleas Peyrolls and basic rsnards relating thtwto Shelf be m I nta i fad by eta =0 Seal during "a emrse of The work end preserved ter a period. of three years therm"er ter all 1 aborts and Mechanics work I ng at to site et fen work. Such records salt Cents l lm the fw"g *"rose, and apple) security nuabar at each such Worker, his or bar correct classification, hourly ram of ages paid (including rates of awl lbuTlons or costs anticipated for bona tide fringe benefits or dash pulvelents thereof of to Type• described In section IIb)(2)IS) at The Davis -Bacon Act), dally and weekly number of Hours worked, deductions and* and actual wages paid. Whenever the Secretary of Labor has fownd cedar Section Iv, paragraph 4 t29 CFR S.S(a)tt1(Iv)) that Ina ages of any taborer or sachem IC Include the amount of any costs raesonebly anticipated in providing benefits under.& plan or program described in section l(p)(2)(8) of the 0ovIa -8sasn Act, the contractor shalt maintain records which show That the commil"nt to provide such benefits Is enforceable, that the plan or program Is financially responslble, and that the Pis" or program has been cowmanheated In writing to the laborers or sadhanlcs stfsctsd, and records which show the costs anticipated or the :crust cost incurred In prow IdIng such benefits. Contrectors employing apprentices or trainees under No" Uvwd programs shall maintain written evidence of Ina registration of apprenticeship' programs and certification of trainee program, the registration of the aborwnttess and trainees, and the, ratios and edge rates proscribed In the applicable Program. 2. Statement of COOM lawt a. The contreeter shall submit weekly for each week In welch any con act work Is Doric rmed a copy of all payrolls to "a State highway agency for transmission to the Federal Highway Administration. The payrolls Submitted stall sef out acourstely and Completely all of "to Inttrmatton required by these specifications. This Information may be submitted In any term dsslred. U.S. Department of Labor Ootlo ml Form eH-347 may be used for this purpose. The esntraetbr Is rasbonalble for The submission of copies of payrolls by all SuboentraCIMPS. (Apgrered by the Office of management and Budget under 043 control number 1215-0IA9.1 b. Each payroll suoml"od shell be aeeomoanled by a "Statement of Compliance," signed h the contractor or subcontra: ter or his or her agent who psys or suoervlses fM Payment of the Waves employed under the contract and shall Cortity the fallowing: Ili That the payroll ter the payroll period ussntalns fee Information required to be Maintained under paragraph I of this segtson t29 CFR'S.Sts)(3)il >> and that such +Information Is correct and complete; r1 LA Indirectly, and that no deductions have been made either directly or Indirectly from the full ages earned, other than Permissible deductions as set torte In 29 CFR Part 3; (3) That eedh laborer Or eeehanle has been paid not leas than The applicable age rates and fringe benefits or cash equivalents tar the classification of work Per hp$ , as apeCified In the applicable sage determination IncbrPat ted into the contract. d. The weekly submission of a property executed eartltestion Sol far" on The reverse side of options Form kH-347 shall $at I sty "a requirements for submission of the nsratomnt of Comollanoe" required by Wagraph b. Of this sactlon, S. ha*Attoa ter taisltteattest The tslslflestlon of any of Ina soar* cortlftatlans may Subject the eomtrachm or subcontractor TO civil or criminal proseeutlon under Section 1001 of Title lE and Section 231 of Title 31 of "m Untted States Coos. 4. Availability of reasrdss - The contractor and subcontractors snail make the rederdo required under pamsgraph 1 of this section evaltest* ter tnspeetlen, copy I mg or transcription by author I add regreseataflvea Of fee State highway agency, the Federat Highway Aoeinlstratieh• and /or tM. Department of Labor, and shall permit such representatives tq Intervlew employees during working haws an the Job. If the contractor or Subcontractors fall to submit the required rocceds or to make fume available, the Federal Highway Administration may, after written notice to fee State highway deny, take such action as May be necessary to cause the suspension of any further payment of funds. Furthermore, failure To submit rte required Peebras upon request or to asks such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Vt. N=M OF MATERIALS, WKJES AND WOR (2) That each laborer or. mechanic 1. The provisions In this section are (including each apprentice *no trainee) aopl insole to at I. contracts except gbntradts Seel eyed on the contract during the payroll tar secondary highways, contracts financed period has beam paid the full weekly wages solely wt" funds provided by the Highway earned, without rebe:s, either directly or M3 I 1 • tisauflficatlon Act of 1%5, as amended, and cpnlractl with a. 1`07111 bid price lass than SS00,000. 2..The-co"treetor snail maintain a record of the total cost of all materials and sup- plies purchased for and incorporated In the work. and also of the quantities of those Specific materials and supplies listed an Farm PR-47 and In the units shown. Upon compiKlon. of toe Contract, this record, together with the final labor Summary required In Section V, paregreph 3; hereof, shall be transmitted to the State highway department resident engineer for the project on Form PR-47 In accordance wt" Instructions attached thereto, which will be furnished ter this purpose upon request. The quantities for the listed Items shall be reported separately for roadway and for struc- tures ever 20 feet long as measures along the centerline of "to roadway. S. the contractor shall Daeeme feel Itar with the Ilst of soecl tic materials and Sup- piles colt land In Farm PA-47 prier to the commencement of mark under this contract. Any additional metoflot$ Information required will be solicited through rewislons of Fore PR-47 wt" attendant explanations. - a, More a,, tractors are Involved the ebntraatar Shell submit either a single regart Covering work path by himself aed all his subcontractors, or he may submit Separate reports tar himself and ter even of his suecontraetors. Me SUBLIMING OR ASSIOIIIC THE COIMk#= 1. The contractor shall port" with his awn organization contract work amounting to not Ion than 30 percent of the original totes contract or lea, exeeoT feat any Item designated by the Stets as -Specialty Items• say be Performed by subcontract and the amount at any such -Specialty Items- so performed may 1`a• deducted from the original "tat contract price before computing the amount of work required to be performed by the contractor with .his own organization. a. ""Is awn organlatlon• shell Do construed TO Include only workmen employed and paid KIM • directly by tha prima Contractor and equipment owned or rented by him, with or without opera- tors. b. vSoecla Lty IteeSw shall be Construed to be limited to mark that requires highly spa clallzed knowledge, Craftsmanship or equipment not ordlnerlLy evellable In Contracting organizations qualified to 111d an the Contract as a wrote and In general are to be Ilmited to minor components of The overall Contract. 2. In additlon it the 30 perealt requirement W farts In paragraph 1 above, 1`M Contractor shall furnish (a) a Competent Superintendent or foremen wfo is employed by him,. who has tul l authority to direet perfarsmnee of 1`M work In accordance wt" the cantraet reauirementS, and who is In charge of all Construction operations (regardlen of who parterms the lark), and (b) push other of his own organt.urttonal eoeblII?y and responsibility (supervision, management. and saglnsaring services) as the State highway department eontrsetlng officer determines Is necessery to "Sure the performance of the Contr'un:t. 3. The contract ammant upon which tlo 30 power! requlraeent ant forth In paragraph 1 Is computed Includes the Cesar of arterials and mwrufmcfursd products which are to be par - Chasms ? In educed by 1`M CantraC"r hander "a contrast provisions. a. Any Items that have bean selected as "Specialty Items for "0 contract are listed as such In the Special Provisions, bid $Chad - wle, or elsewhere in the opntraet documents. 3. Ib pbr'tion of 1`M Contract shall be 'SUOlet, assigned or otherwise disposed of except wt" the written Consent of two State highway deportment contraeting officer, or fits authorized FOWOSOntafiwe. and such COefeet when given snail not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. AeaueR far permission to sublet, assign, or otnervlse dispose of any portion of the contract snail be in writing and accompanied by (a) a showing that the organization which will perform the work is pm(CUlarly experlenced and equipped for such work, and (b) an assurance by 1`M contractor that the labor standards provisions Set north In this contract shall apply to haoor performed on all work encdmpaa"d by me request. till. SAFETY; A=IMW FRETENTION In ins porfoo no& of this contract, the Contractor shell comply with all epplleable- Federal , State and locel laws governing safety, heel" and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any o"or needed actions, on his own responsibility, or as the- State highway department contracting officer may determine, reasonably necessary to ,retool the IIfa and heel" of copIogees on the job and the safety of "'a public and to protect 'pra"MY In connection with the perfermence of the work covered by the Contract, . It • it a condition of "Is contrwr, and shall be made a Condition of each subcontract anMod Into pursuant to this Contract, that the corr"acter and any subcentraetar ens 1 I not require any laborer or mechanic employed In Performance of the Contract to work In sur- roundings or under working conditions which are unsanitary, haZOrdous, or dangerous ft his health or safety, as determined .under construction safety and health standards (Title 29, Code of Foderal ilegulatlons, p11rt 1926, formerly Part 1516. as review from from time to time), promulgated by the United States Secretary of Labor, In aeoordanaa with Section ;OT of the Contract Work mows and Safety Stsneres Act (63 State 96), IX. FALSE STATEMEMTS O>? mkiesis poiswAT FRO.IEC I In order to assure nigh duality and durable construction In conformity with approved plans sad s0eolflC41110416 and a high degree of re(la- bllity to ststamon" and "presentations made Ay engineers, Contractors, su001let, (sic) and workers on Federal -old highway projects, It is essential trot all persons concerned with the project ,perform their functions as carefully, Thoroughly. and honestly as possible, Willful tolsifleatlon, distortion, or misrepresentation vlth �asoeCT to any facts related to the A -10 L-A project Is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -old highway project In one or more places where It is readily available to all personnel Camara" with the, project: NOTICE TO ALL MRSC"L EMWAW ON FWEML -AID NIGMAT PF4I6M Title 16, United Stags Code, Section 1020, roods as follows. "khoewer, being an officer, agent, or employee of the United.states, or of any State Or Tarrltory, Cr wneevar, WWW61W a Orson, association, firm, or cprpm efla", knowingly mekas any false statement, tslto representation, or false report as to the Cferaeler, Qusllty, awntlty, Or Cost of the noterlal used or to be used, or the Quantity or dual lty of the work performed or ft be wftr=4, or fire Com thereof In Qo:ownflon with the submission of plans, maps, specifications, contracts, or Costs of construction an any hlghwey or related project subml""d ter. soprowel to the See r0 0, of Transacrtetidn; or "Mkoever knowingly makes any false state- sent, false representation, false report, or false Cliia with respect to the Character, Quality, Quantity, or sort of any work per- formed or To be performed, or materials tar- nished or to be hhralshed, In conneetloa wl" the oonsTruetson of eery h1gfwway or re lated project ao0roved by the Secretary of Trans. Sol tsfIon; or "11116OWN knowingly makes any false steta- Went or false representation as to a material teat In any statement, certiticate, or report Submit?" pursuant TO provisions of the Federal -old Feted Act esOrowed July 1, 1916 (39 Stet, 339), as amended and su0Plemente0; •Shall be fined not sore then 510,000 or Imprisoned not more than five years, or both.• X. ImAb4ENTATICN IOF CLEAM AIR AM 'FIDERAL xATER FOLLUTICN CONTROL ACT (AFPLJCMLE TO CcuTRACTS AND SUBCONTRACTS WHICHIECEED $100,000) 1. The contractor stipulates that any f mc I I I ty to be ut I I I zed I n the per f co nce of this contract, unless such contract Is exempt under the Clean Air Act, as wended (42 U.S.C. 1837 at seq.. ss aman'ad by Pub. L end under ?no Federal rstr Pollution Control ACT, as eman'ad (33 U.S.C. 1251 at a"., as a mended by Pub. L 92 -500), Executive Order 11738, and regulations In Iplamantstlon thereof (40 C.F.R. Part 15) , I not listed, on the data of contract award, On the U.S. Environmental Ftotaetlon Agency, (EPA) lest of Violating Facilities Pursuant TO 40 C.F.R. 15.20. 2. The contractor agrees to comply with all the requirements of section 114 of the Chen Air Act and section 308 Of the Federal (later pollution Control Act and all regulations and guidelines listed thereunder. 3. The ObnTraeTar shell promptly notify the. State hlghay decertaent of the reesior of any eoaunleatlon Man "is Director, Office of Federal Activities, EPA; Indicating 'The? a teclllTy to be utllited for The conTrW Is undr osnsloeratlon To be Ilsteq On The EPA LIST of Violating Facilities. .4. The contractor agrees t0 Include or Cause to be Included the requirements of Subpragraph$ I through 4 of "Is paragraph X In every nOnexwot wpcontract, and further agoras to tabs such action as The Government MOT dlrOCt as a mamas of enfOrcing such requI rements. . XI. CONTRACT VOM MMM AND SA/1:T1' STAIOMO ACT REQUIR84WS 1. OeertIM regs)rsaeatst ,Aa Contractor. or subconTreetor Contracting Ipr any part of the contract work wnlOh my require Or Involve The employment of laborers Or rehonlea, Including watchmen and guards, shall require or permit any such .laborer or mechanic In any workweek In which he or she is MVIOyed on such work to work In excess of eight hours In alocalendar day or In excess of forty hours, in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -nal f times the basic rote of pay for all hours worked In excess of eight hours In any calendar day or In excess of forty hogs In Such wortweek, M Ichaver Is greater. 2. ytolatlon) IlNlltty for ampa(d wngmsl Ilseldet" daseg"s In the avant of any vloistlon of paragraph I of this $action, tM <antracIal and any aubebntraetor reeponslblo therefor she ll be liable for the unpaid ages. In aodltlon, such contractor and subcontractor Shall be liable to the United States (In the Casa of ark done under OoMrsgt for the District Of Columbia or a territory, to such District or to sapn territory), for liquidated damages. Sues liquidated damages shell be eomeeted wltn respect tO each Individual I~r or mechenIa, Including watchmen- and qua" a0 eployed In violation of 'peragrobn I of this Section, In the sum of $10 tar each Calendar due or wwkueek to Mich seen Individual as requireid or permitted ?o Work In excess at ,elght hears or In excess of the standard Workwa ik Of forty hours without payment of the overtime ages required by paragraph I at this Section. A -11 3, aitMaldleg for agald Wages sod t lgldaf" dammgest The Federal Highway Administration shell upon Its own initiative or upon written request Of an aut I tod reorssentat lve of The DOW WON I of Labor Withhold or cause to be withheld, from any now, peyeble on account Of. work performed by the contractor and all subC ""Mtors under this can-tract or any Federal contraet With the some contractor. or any other Federally- esslsTed contract subject To the Contract Work Flours and So t" StwWsrds Act, Which Is hold by the some Contractor, such $ue as may be determined to be necessary to "Tlsty any liabilities of such Oontracmal and all subcontractors for unpaid ages and liquidated damages as provided In paragraph 2 of this Section. 0 W.06 FEOR.NAL.A10 MOPOSAL NOTICE I. NOTICE OF REQUIRE}iNT FOR AFFIRMATIVE ACTION TO ENSLAE EQUAL D4ftOVMENT.OPPORTUNITY IEACCUr1VE OIOER 11246) I. The Offeror's or Bidder's attention Is Celled to tM .'Esusi Opportunity ClauW set forth heroin. 2. The following goal far female 01112a- then shell be Included In all Federal and federally assisted construction contracts and Subcontracts In @Noce$ of $10,000. The goal Is egg lemble to the can so 1a I a aggregate of-slte construction workforce whether Or not part of that workforce Is performing work an a Federeh or federally asslsfed. construction can aet or WAMMOTraet. Goal for woman (Ovalle$ nationwide) ....... (Wrcent) 619 Until further notice, the following goals for minority btllisstlon In each construction erg" and trade shall be Included In all Federal or federally sselst" consttvetIon eantreets and subcontracts In excess of $10,000 to be perfeetaed In Nne respective gebgnphlal areas. The goals an O"lloable to each naeewaset contractor's fatal ansite consttUa- tion wbrkfarce, regardless bf •nether or not pert Of That wVF%#Waa Is pal 100 Ing work an a Federal, federally assist" Or confederally related prOJeet, em 11 or sgacoh rant. Construction contractors which are partici- voting in on q)prowed lbwmetown Plan (see 41 CFR 60-4.5) are reaulred tb amply with the goals at the hbmetoan Plan with regard to construc- tlon work they perform In the area cowered " the load; mm Plan. 1111th regard to all their ether aoiered construction work, such cwntrae- tbrs are reaulred to amply with the applicable SMSA or EA goal contained herein. CALIFORNIA ECQW>4IC AREA Goal (Percent) 174 Redding, CAs mon -siM Counties ................ 6.6 CA Lassen; CA Mbdec; CA Pluses. CA Shasta; CA Sisklyou; CA Telnw. 175 Eureka, CAS Ion -SMSA Coantles .......4........ 6.6 CA Owl Norte; CA Mmiboldt; CA Trinity. 176 San Fronelseo-0skiund -Sen Jose, CAs SNSA Countless 7120 Salinas-Sesslde- Manterey, CA ................ 28.9 CA Monterey. 7360 Son Frenclsm-0eklow, CA. 25.6 CA Alameda; CA Contra Cestss CA Marin; CA .San Francisco; CA San wetao. 7400 Son Jose, CA .............. 19.6 CA sect• Clore. 7485 Santa Cruz, CA............ 14.9 CA Santa Cruz. 7500 Santa Rasa, CA............ 9..1 CA SIMMONS. 6720 Vallojo-Falrfleld- Nea, CA** ...... 0..04000..0. 17.1 CA Ilea; CA Solana A -12 mcm -SMSA Counties ................. 23.2 CA Lake; CA Mendocino; CA Son Benito. • 177 Sacramento, G: 7460 Santa Barbara-Santa Marla- Lompoc, CA .................. 19.7 94SA Countless: G Santa Barbara. 6920 Sacramento, G........... 16.1 rbn -SMSA Counties ................. 24.6 - G Placer; CA Saeramakto; G Inyo; G Menoi CA Yelo. G .San W1s Obispo. Mon -94SA Counties.................. 14,3 CA Butte; CA Coluse; 181 Son Die", G: G El Oorade; G Glenn; G ►avede; CA Sierra; SMSA Counties G Sutter; G Yuba. 7320 Son Diego. G.« «....... 16.9 G Sae Diego. 175 Sfeekten-Mbdesto, G: Noe -91SA Counties ................. 18.2 G Imperlei. SMSA Counties: 5170 Mb6eate, G.......... «.. 12.3 Thew goals are app t l aab l e to all "to Con - CA Stanislaw, "wfer's ebnstruetlen work (vnether or not It 8120 Stockton, G ............. 2403 Is federal or federally aaslstedI performed In G Son kMuln. the covered area. If tae eontran:ter perfer" Mon -WSA Counrl*a ... ... .... 0...... 19.8 eonstru¢tlan work in a Oman aft test area G Alpine; CA Am~; 1.01 0 uahI 140 Of the Covered area, It shit G Cale eras; CA Weripow; apply ?ft goals established for such geegrapnl- CA Ware"; CA Tuolumne. Cal area where The wit is actually performed. With regard 10 this second area, the contractor 179 G: site is subject to the goals for barn In federally Involved and nontecorally Ihvedved -SMSA Cam+Iaw eensfruetlon. 0680 5ekersflold, CA ....... «. 19.1 The Comtraeter*s comollance with to Eseeu- CA Far". tive Order a" the regulations In 41 CPR Art 25+0 Fr woo w, G ............... 26.1 60-4 shall be based on Its Implementation of G Freese, tune Somal covertnnity Clause, specific afflr- ►an -91SA 0aw les.. ................ 23.6 native action oblsgstions required by the G Kings; CA Madera; sooelfieatlons set to" In At CPR 50 -4.3(4), CA Tv l are. and Its efforts to moist Ta god s. The hours of mlawlty and femme amployment and Trelning 180 Los Angeles, G: aunt be substantially uniform throughout The length of the contract, and In each trade, and SMSA Counties: the contractor shall make a good faith affnart 0360 Anehelm-Sente Ana - Garden to employ minorities and, women evenly an wen Grote, G .................« 11.9 of Its projects. - The transfer of minority or G Orange. femele amoloyees or trainees from Contrwiol tb 4460 Los Angeles -Long Contractor or from project to project for the Beech, G ................... 2503 aole purpose of meeting the Contractor's goals G Los Angeles. Nall be a violation of to contract, to Eae- 6000 Oxnard -S)ml valley- eutive Order and fa regulations in 41 CPR Art ventwa, G ................. 21.5 60-4, Comolleave with, the goals.wllt be nee- , G venture. sured against the total m rk hours perfermed, ' 6780 Riverside -San Bernardino- Ontarle, CA. 0 ........ 0* ..... 19.0 3. The CCntreeler Mall provide written CA Riverside; notification to to Director of to Office of CA San Sernardlno. Federal Contract Compllance Progrmms within 10 A -13 t 11" working Lays of acrd of any co"AcTion sub - cbnTrsct' In excess of $10,000 at any tier for construction ark under the contract resulting 'tree finis solicitation.. The. notification Shell list the nsee, address and telephone nunoer of the subcontractor; employer Idet"l- f lent ton number of the subcontractor; estleat" dollar amount of "a subcontract; estimated starting and coiss(etlon dates of the subcontract; and 1-M geographical area In which the subcontract is to be performed. 6-1.07 STAICNIO FEDERAL EQUAL 9I11101.0"WIT OrRyRUIITT CONSTRICTION COttIRACT VMSFICATIOM (E)Z=lyt ORDkR 11246) 1. As used In these specifications: a. *Covered area* means Tie geographical area describes In the solicitation from which this contract resulted. b. •Director" sears Director, Otflde of Fedsrsl Contract CowolIowa Progress, Unites States Dsoertssnt of Labor, or any person to Wins 1-M Dirsdfbr dolge"$ aAMhorlty. e. •£moloyer Identification number• means the Federal Social Security nu~ used an the Eeoloys"s Quarterly Federal Tax Return, U.S., Treasury Department Fore gal. d. •M(norlty- Includes& (1) Black (all Wsons having origins In any of the Black African racial groups not of Hispanic origin); (11) Hispanic tall persons-of Mexican, Wert• Rican, Cuban, CA, I or South American or other Spanish Culture or origin, regardless of race); (111) Asian ale Pacific Islander (all Persons having origins In any of the original peoples of fie For bast, Seuth- eest Asia, tie Indian Subcont I nent, or The Pacific Islands); and (Iy) Awerlcen Indian or Alaskan Native (911 persons having origins to any of the original peoples of North America end maintaining Identifiable "lost offllle- tions thrpagh sembsrshlp and partic100- 1-100 or community IdMtificatlon). 2. uhenewe► the Contractor, or any Sub- contractor at any tier, subcontracts a portion Of the nark. involving any construction trade, It shell payslcelly Include in each subcontract In excess of $to,000 the provisions of these. specifications and the Notice which contains 1-M applicable goals for minority and female participation and which is setter" In fns solicitations from Which tots contract resulted. 3. It tie Contractor Is participating (pur- suant to At CFR 60 -4.5) In a tbeeto.n Pt an sooreved by the U.S. Oaoarfemt of Labor In the eW~ed arcs •(tier Individually or llr h an association, Its affirmative action oblige- fions on all Wert In the Pion Area (Including goals and Timetables) shell be In accordance with thet Plan for These Trades Wblch hwe unions participating In the Pies. Contractors .must be able to dseonstrs» "Mir partics- �patlon In and basollarce with the provisions of any Such Hometem Plan. Each Contractor or subcontractor Part•clpating in an approves Plan is Individually reousres -10 Cosely with its obligations wider the EW clause, and to make s good tat" effort tb afatave each goal ands tM Plan, in each trade In which It Ms employees. The *"rail good felts partoreane0 by other Contractors or Subeonfraeters toward a goal In an approved Plan does not excuse any cowered contractor 15 or Subeontrdctor's toIIUre to take good toIth effects To achieve. the plan goals and Timetables. A -14 4. The rvntractx shell Implement the specific offlrsTlve action standards provides In paragraphs 7a Through p of theea some I t I cat tons. The goals set forte In the solicitation from which "Is contract resulted pre expresses as percentages of the Patel hours of esoloyment and training of minority and fend• u'rlllatlon TM ContrwTor should reasonably be able to van leve In earn construction trade In which It has woleyeas In the covered Dram. Covered construction contractors performing construction work in geegraoh►Ical reins whore they do not hove a Federal or federally assisted construction contreat shall moply the minority and #maul• goals established for the gkegrophlcal rem where the work Is being performed. Goals are published periodically In the Federal 1logister In notice form, and such nations may be obtained "ram any Office of Federal Contract• Camollanon Programs office or froo- Federal p'OOhremmnt contracting officers. The Contractor Is expeatmd to mks substantially uniform progress In meeting Its goals In e,eh craft during the period specified. S. wither the provisions of any collective bargaining agreement, nor th* failure by a union with whom TM Contra~ Nos a called ,?two bargaining agreement, Ta refer elther minorities or .Omen shall excuse the Contrac- tor's obligations under theom specifications, Esachtive Order 11246. or ate regulations promulgated prsuanr therm". 6. In ~ for the nanorktng training hours .Ot Spin 0" to" and treln «s ft be eoanted In M"ting the goals, such SWentldes and trainees must be splopd by the Contractor during the training period, and the Contractor must have made a commitoont to employ tM 300e1tle" and trainees at the completion of their training, subject to the availability of employment opportunities. . Trainees must be trained prsuent to training programs approved by The U.S. apartment of Labor. 7. The Contractor shell take specific affir- mative Wiens to ensure equal Malay" T oopertunity. The evaluations of the Contrac- tor's Compliance with these specifications Shell be based upon its effort to ocaleve maxlmmD results trove Its aetlons, The Contrac- tor shell document those, offer" f u l l y, and Shell Implement offlrmstivo Set Ion steps at laist as owtonsive as the followings a. Ensure and maintain a working eh,lron- eent from of harassment, Intimidation, and edmrelen at all sites, and In all facilities at which the Contractor's employees are assigned ft work; The Contractor, where A -15 is possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen. superintendents, and Other onslte super- visory personnel arum amore of and carry our the Contractor's obligation to maintain such a so -king onvlrcinent, with specific atter tlon to minority or female individuals working st such sites or In such taclll- ties. b.- Estaot I" and maintain a current, I lst of mincrlty and female rso 11mmnt sources, provide wrltYmm notification to .Inerlty and female recruitment sources and to cacem+lty organ1wrions wean the Cpatreetor or Its unions have employment ooportunitles avail- able, and msintaln a record of the organl- Zatlons' responses. c.. MaI"taln a currenT fl le of ale mamas, addresses and "I PA numbers of each minority and female etf- tla- street small - cant and minority or female referral from a union, a rewltment source or comm" ity orgenintlon and of wrest action was taken with raapeet fa oxen such Individual. If such Individual map sent to tM union hlr- Ing hall fen, referral and was not referred back tb the Contractor by "to eh Ion or, 1 f referred, not smployee by fM Oantradfor, this shell be documented In the film wl nth "a reason therefor, along with whetewer add it le me l actions "a QDr&racfar . may hew* taken. d. Prowid* immediate written notltica- flon to the Director when the union or unions with which the Contractor has a Collective bargelaing agreement has not referred to the Contractor a minority p►raen or woman sent by the Contractor, or when the Con rector Ms other In *I ?Ion thet the union referral process has Impeded the Contractor's efforts to a"? its call - gotlons. e. Dave loo on- the -job training OOportunittes and /or porticipete In training programs •or the area which expressly Include minorities and women, Including upgrading programs and aoor*ntleesnlp and trainee programs relevant to the Contractor's amDioyment need's, eaoee 1 a t I y those programs funded or approved by the Department of, Labor. The .Contractor snail provide notice of these Programs To the Sources compiled under 711 above. f , 01 saw I note the Contractor 1 s EEO Polley by providing notice of the policy to unions and training programs and requesting their onowaTion In assisting the Centrse- tar in o6ting Its EEO obligations; by Including It in any policy manual and collective bargaining agreement; by publicizing it In the company newspaper, annual revert, etc.; by specific review of the policy with all management peraonnel and with all minority and female amvloymes at least one" a year; and by posting the company EEO policy on bulletin boards seemaslble to all eat 0loyees at own IOWIon where construction work Is performed. g, pavlw, at least annually, the mar penyns EEO policy and offlrsetive action obligations under thaw specifications. with all employees (wing any responsibility for hiring, assignment, layoff, termination or other small of T decisions Including Specific rovlw of fheae Items with onsIto saserviSary persmnnsi such as Superinten- dents, General Foremen, etc., prior to the Initiation of construction .art at any job site. A written record shell be made and maintained Identifying the time and place of theea meetings. persons attending, subject metier dlscusama, and disposition of the Subject metier. . no Disseminate the Contraetor's EEO Polley maternally by Including It In any advertising in the news media, soeeifleally Including minority and female news media, amp providing written nottfleatlon to and diSeussing The Cantraeterls EEO Polley With other Contractors and Sueeontrxtors with whom the rentraetdr do" or antlelostes doing boolness. 1. Direct Its recruitment efforts, both rat and wrltten, to minority, tomele and A -16 community organizations, to schools With minority and tamale students and to minority and twat* recrultmnnt and tarslning organl- atlens serving the Contractor's recruitment area and employment needs. Net later than one month pr Ix td the date for the aeee0- tonee of applications for soorentieeshlp or other trslning by Boy recruitment aeures, the Caotrseter she 1 I send wr 1 tten not 1 f 1 ea- tlon to organizations such as the above, Closer IbIng the *man Ings, sereen ing.proce- dures, and tests td be used in the selection proems*. J. 6mmUrage present m inar 1 ty and female employees to recruit other minority persons and .omen and, Mere reasonable, provide after, school, summer and veeatlon mployment to elnarlty end tmmale• yemM be" an the site and In other areas of 'a C43ntraetdr4s.. wdrkferea. 'k. Validate all fasts and other Selection redulrmaents share mare is M obligation tp do so under at CPR Port 60-3, ' I. Conduct, at least annually,. an Inveetbry and syslustlpn at least of all mindrlty and tamale personnel far podium - tlonal eaportleltlas and enemursge, these wploysee td seek or to prepare ter, ttrogh appropriate "Ining, eft., such a0perftam It 1 ea. a. Ensure that senlorlty prsctleea, job classifications, Work assignee and other personnel prsctlees, do hot nova a diserlm- Instory offset by continually monitoring all personnel and wgioyment related activities to ensure that the EEO Polley and 'the Ceetraetor's obligations under these specifications are being carried out. n „Ensure that all facilities and cam. pany activities are nonsegregated except that separate or single -user tollet and necessary changing facilities shell be provided to assure privacy between the Samos. o. Document and maintain a record of all solicitations of offers for subcontracts from aI nor Ity and fwmle 'construction colutraetors and suppliers, Including circu- Iatlon of solicitations to minority and female Contrsctal associations and other business associations. 0. Coaduct a review, at least annually, of all suMrvi Sara I adherence to and Performance under the Contractor Ia EEO policies and affirmative sctlerr obilgo- flens. 6. ContrOn"re are encouraged fa pertiei Onto In voluntary associations, which 'assist In fultIIIIng one or more of their offlrmative action obligations (7a througre p). The, efforts of a contractor association, Joint coetraeter- rnIan, contractor-community, . or other similar graea of which the Contractor Is a weer and partlelpant, may be asserted as ful f l l l Iny any one of more of Its obligations- under 7a through p of ""an Specifications provided that the Contractor actively particpates In the group., makes ..very effort e To assur that the group has a positive Impact on the employment at minoritles and women In the Industry, ensures that the concratw, benefits of the program are reflected in the Coetraafar's minority and female workforce partiaipatlaa, makes a good faith effort to meet Its Individual goofs and tlme"blesp and Can provide anesas to documentation which demdnstriBi" the effectiviness of actions taken on behalf of the owl ache.. The GotIgatlon to Camplyp however, Is the Contrscialfs and failure of such a group to fulfill an obligation shalt roof be a deftese for the COntreetGO'I nee IMPII hem. 9. A single goal for minorities and a Soon - rata single goal for woman have been estoo- Ilshed. The Contractor. however, Is required to provide equal employment opperttmlty and to take affirmative action far all minority groups, bark maim and female.• and all women, botn•minarlty and non- minority. Consequently, tho Contrsetar may be in violation of the Executive Order If a particular group Is employed In a substantially disparate Benner Lfar emaeple, even though the Contractor has achlewed its goals for women generally. the Contractor may be In violation of the Executive Crowe It a specific minority group of women Is uneerut l l l zed). A -17 10. The Contractor' shad I -not use' the goal s and timetables or affirmative action standards to discriminate against any parson' because of race, color, rat IgIon, sax, or national or ig in. 11. The Contractor shall not enter, Into any subcontract with' any person or firm debarred from Government contraats pursirnt' In' Exec atlw' Odor 111246: fZ Thr' Contractor- she I I � tamer ' cur+ Sear'. $emotions and penalties for violation of these specifications and of the Eoual Opperttmlty Clause, Ineluding suspension, tirwlnatlGn and cancellation of existing subeentrsu:ts as may be lupoaed or ordered pursuant » Executive Order 11246, as anen'ad, and Its Implementing raga- lotions, by the Office of Federal Contract Count laws 01 dill as. Any Centrsetor who tea Is to Garry cut such saruetlans and penalties shell be In violation of these specifications and Executive Order 11296, as amended. 13. The Contrmaim, in fulfilling Its, obligations under thew specification, shell Implement speelfle affirmative action steps, at least as asnenslve as thaw ataa*area Prescribed In be agra90 7 of these epaalfi- cations, so as to achieve maxlmam results "ram Its affects to ensure awl emalevemm G000r- "inity. It The Contractor tells to amply with the requirements Of the Executive Ordure the Implementing regulations, or thew sgeal- flestlons, the Olreetor shall preessd In accordance with 41 CFR 60.4.6. 1t, the Contraetor shell designate a responsible official tG smaller all employment related activity to ensure that the company EEO policy Is being Carried Out, to submit reports relating to the provisions hereof as may be required by the Geverneent and to keep records. Records shell st least Include for each employee the name, addressp telephone numbers, construction trade, union affiliation It any, employee identification member when assigned, soGlal security number, rem, a". status (e.g., mechanic, apprentice, trainee, he)oer, or I~of), dates of changes In status, hours worked per week In "16, Indicated trader rate of pay,'and locations at which the work as performed. Records shall be maintained In an easlly understandable and retrievable fore: however, to the degrem that eklstlnq records satisfy this requirement, Contreetars shall not be required to maintain fepara" reeards. , 17. worn Ing herein prow i dad shahs be Can - struad as a 1Imitation u0ae the 8001leatidn of ernes law welch WWI diffssaht stoWards of mspllance or weem the a0011eatlan of requirmems" far the hiring of local or other arm residents (e.g., those under tha Public works Gaol oyment AcOof 1977 and the Commun I ty Development Block Grant Pragrtml. 16. In addition f. the reporting requirements set forth *ISO 11010 In this Contract the Contractor and subcontraClors holding sabcontrsKts, not Including msterlal woollers, of 5109000 or mare, shall submit far very month of July during which wsrk Is performed, employment date ac contained under Form PR -1391 lAppesdis C to 23 CPR, Pert 230). and In eaabrdmnee with "a Instructions included thaaraaso A -18 ."101141r'- ] HI BIT "B" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Assistant Manager and duly authorized representative of the firm of Tw1nj_nz 1, an , whose address is 1514- D N. Susan St. , tat ne e nor the above firm I here represent as: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than 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. 867 ate ature B -1 EXHIBIT "C" 7V/tillld6 LAs3ogA -MR)rs ngineer4ng ;eologist Quotation hour - :oil =ield Technician ** 39.00 hour* Asphalt Field Technician*** 39.00 /hour; *Include travel time & vehicle costs **To perform soil compaction testing * * *To perform AC compaction testing Material Testin Soils: Maximum dry density determination 60.00 /each R -Value 2 t3 - — /each Sand Equivalent 30.00 /each Aggregate Base: Sieve Analysis 58.00 /each Sand Equivalent 365— /each R -Value 200.00 /each Asphalt Base: Sieve Analysis 75.00 /each Surface Abrasion (Calif. Test 360, Method A) N/A /each Concrete: Compression testing* 12.00 /cylinder *Include pickup C -1 of cSou6G= ed�ovda' .fns 3310 Airport Way I Mailing Address PA. Box 471 Long Beach, CA 90801 / (213) 4263355 / (213) 636 -2386 / (714) 628 -6432 BRANCH OFFICE: 1514 -D North Susan Street I Santa Ana, CA 92703 / (714) 5542645 SCHEDULE OF FEES EFFECTIVE SEPTEMBER 1, 1986 THRU AUGUST 31, 1987 The management of Twining Laboratories of Southern California, Inc., appreciates the confidence placed in us by so many companies which have selected our firm for testing and inspection services on past and current projects. The qualified personnel employed, for the many phases of inspection and testing of construction materials, are provided with excellent facilities and testing equipment. This ensures the greatest economy commensurate with efficient service. You are cordially invited to visit our laboratory, meet with our staff and discuss your testing and inspec- tion program. E. M. Twining President MEMBERSHIPS — American Concrete Institute, American Welding Society, American Society for Testing g Materials, American Society of Civil Engineers, Structural Engineers Assoication of California, National Society of Professional Engineers, American Society of Non - Destructive Testing, Society of American Military Engineers. C -2 INSPEGTION SERVICES Field Inspection „) • W Laboratories Concrete, Masonry, Gunite, Pile Driving, Prestress, Fireproofing Thickness, per hour ......... $ 43.50 Structural Steel and Welding, per hour .............. ............................... 43.50 Lead Inspector, per hour .............................. .......................... 44.50 Structural Inspector (approved by Structural Engineer), per hour ......................... 44.50 Shop Inspection Structural Steel Fabrication, per hour ................ ............................... $ 43.50 Concrete Batch Plant Technician, per hour ........... ............................... 38.00 Glue- Laminated Fabrication, per hour (local) .......... ............................... Quotation Nondestructive Examination Ultrasonic, Magnetic Particle, Dye Penetrant, per hour .. ............................... $ 46.50 Radiographic, Technician, Level II .................. ............................... Quotation Combination, Welding Inspector and Ultrasonic, with equipment, per hour ................. 46.50 SAMPLING MATERIAL & FIELD TESTING Technician for sampling Aggregates, Structural Steel, Brick, Block, Job Sampling of Reinforcing Steel (portal to portal), 2 hour minimum, per hour . ............................... $ 38.00 Technician for performing field testing services (portal to portal), 2 hour minimum, per hour.... 38.00 ENGINEERING, TECHNICAL PERSONNEL & SERVICE FEES Technical Personnel Senior Registered Civil Engineer (portal to portal), per hour ............................. $ 80.00 Registered Civil Engineer (portal to portal), per hour .... ............................... 68.00 Staff Engineer (portal to portal), per hour ............ ............................... 54.00 Engineering Technician (portal to portal), per hour ..... ............................... 43.00 Locating Reinforcing Steel (portal to portal), per hour ... ............................... 55.00 Pull -out Tests on Embedded Bolts, Anchors, Dowels, etc. (portal to portal), per hour ......... 50.00 Drafting, Compilation of Test Data & Preparation of Reports, per hour .................... 40.00 Review of Files for Processing of Affidavits and Certificates required by various agencies, perhour .................................. ............................... 40.00 Legal Consultation, Expert Witness & Court Appearances Registered Civil Engineer (portal to portal), minimum $400.00 per day, per hour ............ $ 100.00 Technician & Staff Engineer (portal to portal), minimum $300.00 per day, per hour.......... 75.00 Laboratory Services Load Testing per Manufacturers' Specifications and International Conference of Building Officials (ICBO) ................................... ............................... Quotation Plastics, Pipe & Fitting per Plumbing Code ............... Quotation ........................... Field Testing of Structures, Stress - Strain, Strain Gauge Instrumentation, Surveying Measurements .............................. ............................... Quotation In -place Shear Testing ........................... ............................... Quotation Mileage Rate, per mile ........................... ............................... $ .50 Schedule of Fees September 1, 1986 C -3 Twining Laboratories CONCRETE Specimen Pick-Up Cylinder Pick -up ($15.00 minimum), each ........... ............................... $ 5.00 Flexural Beam Pick -up ($60.00 minimum), each ....... ............................... 30.00 Cylinders, Beams & Cores Compression Test, 6" x 12" cylinders, including hold, ASTM C 39, each ................. $ 10.00 Unit weight of hardened concrete, each .............. ............................... 22.00 Compression Test, 2 ", 4 ", 6" Cores, ASTM C 42, (including surfacing if necessary), each..... 28.00 Flexure Test, 6" x 6" Beams, ASTM C 78 or C 293, each ............................ 27.00 Splitting Tensile, 6" x 12" Cylinders, ASTM C 496, each ............................. 25.00 Modulus of Elasticity Test - Static, ASTM C 469, 6" x 12" cylinders, each ................ 85.00 Laboratory Trial Batch Laboratory Trial Batch, ASTM C 192, each .......... ............................... $ 140.00 Trial Mix 6" x 12" Compression Test Cylinders made in laboratory, each ................. 19.00 Trial Mix 6" x 6" Flexural Beams made in laboratory, each ............................ 25.00 Shrinkage Length Change (3 bars, 5 readings, up to 90 days), ASTM C 157 ....................... $ 180.00 Additional Reading, per set of 3 bars ................ ............................... 32.00 Storage over 90 days, per set of 3 bars, per month .... ............................... 20.00 Mix Design Aggregate Tests for Concrete Mix Designs Only, including Sieve Analysis, Specific Gravity, No. 200 Wash, Organic Impurities, Weight per Cubic Foot, per Aggregate Size ............. $ 75.00 Mix Design, Determination of Proportions, each ....... ............................... 55.00 Sampling Aggregate for Mix Design and /or Laboratory Batch, 2 hour minimum, per hour ..... 38.00 Proportional Analysis Proportion of Cement & Aggregate in Hardened Concrete, Mortar & Grout, each ........... $ 210.00 TES Basic Tests Sieve Analysis — Processed (each size), ASTM C 136, each ............................ $ 22.00 Sieve Analysis — Pit Run Materials, each ............ ............................... 65.00 Specific Gravity, ASTM C 127, 128, each ........... ............................... 22.00 Absorption, ASTM C 127, 128, each ............... ............................... 22.00 Unit weight per Cubic Foot, and Voids in Aggregate, ASTM C 29, each ................... 26.00 Physical Properties Soundness — Sodium or Magnesium Sulfate (5 Cycles), ASTM C 88, each ................ $ 180.00 Abrasion (L.A. Rattler 100 & 500 Revolutions), ASTM C 131, each ...................... 60.00 Potential Reactivity (Chemical Method), ASTM C 289, each 225.00 Percent Flat or Elongated Particles, CRD C 119, each .. ............................... 120.00 Percent Crushed Particles, Calif. 205, each ........... ............................... 85.00 Schedule of Fees September 1, 1986 C -4 Twining Laboratories AGGREGATES — Continued Deleterious Materials Organic Impurities, ASTM C 40, each ............... ............................... $ 22.00 Clay Lumps and Friable Particles, ASTM C 142, each .. ............................... 75.00 Material Finer than No. 200 Sieve, ASTM C 117, each . ............................... 30.00 Soft Particles, ASTM C 235, each .................. ............................... 65.00 State Tests Cleanness Value, Calif. 227, each .................. ............................... $ 100.00 Compression, 3" Durability Index, Calif. 229, each .................. ............................... 90.00 Cubes, ASTM C 109, each ......... ............................... Sand Equivalent, Calif. 217, each .................. ............................... 40.00 MASONRY Concrete Block ASTM C 140 Compression,. . (3 required) each .................. ............................... $ 26.00 Absorption, .. (3 required) each .................... ............................... 17.00 Moisture Content as Received,. . (3 required) each ..... ............................... 15.00 Linear Shrinkage, ASTM C 426,. . (3 required) each ... ............................... 50.00 Tension, each .................................. ............................... 70.00 Compression, 4 ", 6 ", 8 ", Cores, each .............. ............................... 28.00 Shear Test on Masonry Cores (2 Faces), each ........ ............................... 43.00 Efflorescence Tests, (3 required), each ............... ............................... 17.00 Brick ASTM C 67 Modulus of Rupture (flexure), (5 required), each ....... ............................... $ 20.00 Compressive Strength, (5 required), each ............ ............................... 20.00 Absorption — 5 hour or 24 hour, (5 required), each ............................... '... 17.00 Boil, 1, 2 or 5 hour, (5 required), each .............. ............................... 17.00 Initial Rate of Absorption, (5 required), each .......... ............................... 17.00 Efflorescence, (5 required), each ................... ............................... 17.00 Cores, Compression, each ....................... . ............................... 28.00 Cores, Shear, 6" and 8" Diameter, 2 Faces, per core .. ............................... 43.00 Mortar & Grout UBC Std 24 -22 Compression, 2" x 4" Mortar Cylinders, each ........ ............................... $ 10.00 Compression, 3" x 6" Grout Prisms, each .......... ............................... 10.00 Compression, 2" Cubes, ASTM C 109, each ......... ............................... 10.00 Masonry Prisms ASTM E 447 Compression Test, Grouted Prisms, each ............ ............................... $ 95.00 Cutting Prisms, when required ..................... ............................... Quotation Pick -up Prisms (minimum 60.00), each .............. ............................... 30.00 Schedule of Fees September 1, 1986 C -5 Twining Laboratories MISCELLANEOUS CONSTRUCTION MATERIALS Gypsum, Vermiculite, Perlite, etc., Roof Fill ASTM C 495 Compression Test, each .......................... ............................... $ 13.00 Density, each .................................. ............................... 13.00 Gunite & Shotcrete Compression, 2 ", 4 ", 6" Cores, ASTM C 42, each .... ............................... $ 28.00 Pick -up Test Panel ($60.00 minimum) ............... ............................... 30.00 Roofing Tile Roofing Tile Breaking Strength per U.B.C., (5 required), each ........................... $ 23.00 Roofing Tile Absorption, (5 required), each ........... ............................... 15.00 Roofing Tile, Additional /Special Tests ............... ............................... Quotation Fireproofing Tests Technician Field Sampling, per hour ................ ............................... $ 38.00 Oven Dry Density (per sample) .................... ............................... 22.00 Pick -up and Delivery to Laboratory, each.. ($15.00 Minimum) .............. ............. 5.00 REINFORCEMENT Reinforcing Steel ASTM A 615 Tensile Test, No. 11 Bar or Smaller, each ............ ............................... $ 14.00 Bend Test, No. 11 Bar or Smaller, each ............. ............................... 10.00 Tensile Test, No. 14 Bar, each .................... ............................... 40.00 Tensile Test, No. 18 Bar, each .................... ............................... 60.00 Sampling & Tagging at Fabricator: 6:00 a.m. to 5:00 p.m., Monday thru Friday — per sample.. ($22.50 minimum) ........ 7.50 Before 6:00 a.m. and after 5:00 p.m. and Saturday & Sundays — per sample.. ($33.00 minimum) ................................. ............................... 11.00 Processing Mill Certificates, each ................... ............................... 7.00 Welded Specimens Tensile Test, Welded No. 11 Bar or Smaller, each ..... ............................... $ 25.00 Tensile Test, Welded No. 14 Bar, each .............. ............................... 50.00 Tensile Test, Welded No. 18 Bar, each .............. ............................... 70.00 Tensile Test, Mechanically Spliced Bar, each .......... ............................... 80.00 METAL TESTING Metal & Steel Testing ASTM A 370 Tensile Strength, up to 100,000 Lbs., each ........... ............................... $ 16.00 Tensile Strength, 100,000 to 200,000 Lbs., each ...... ............................... 22.00 Tensile Strength, 200,000 to 300,000 Lbs., each ...... ............................... 26.00 Tensile Strength, 300,000 to 400,000 Lbs., each ...... ............................... 40.00 Tensile Strength, 400,000 to 600,000 Lbs., each ...... ............................... 100.00 Schedule of Fees September 1, 1986 C -6 ,A, % " 00 METAL TESTING — Continued Metal & Steel Testing ASTM A 370 — Continued 00 Twining Laboratories Tensile Strength (Stress -Strain Percent Offset), each .... ............................... 90.00 Bend Test, each ................................ ............................... 11.00 Brinell & Rockwell Hardness Test: ASTM E 18 Individual Sample, each ...................... ............................... 20.00 2 or more Samples, each ..................... ............................... 17.00 Machining & preparation of Samples: Mild Steel (per 0.5" thickness or fraction thereof), each ............................ 22.00 Stainless and Alloys ......................... ............................... Quotation Processing Mill Reports, each ...................... ............................... 7.00 Steel Chemical Analysis, each ..................... ............................... 70.00 Prestressing Wires and Tendons ASTM A 416 Stress - Strain Analysis, Wires or Strands (including chart & percent offset and "E" value), each .. $ 95.00 Tensile Test only, each ........................... ............................... 58.00 Tendons ...................................... ............................... Quotation Welding Certification Qualification of Welders by AWS, ASME, API & NAVY CODES: Bend Test, each .......... $ 13.00 Tensile Test, each ......... 18.00 (Machining & Preparation of Samples: Refer to Metal & Steel Sampling) CALIBRATION OF HYDRAULIC JACKS & RAMS 60 -Ton and under, each ......................... ............................... $ 70.00 61 -Ton to 100 -Ton, inclusive, each ................. ............................... 75.00 Over 100-Ton, each ............................. ............................... 85.00 EQUIPMENT RENTAL Skidmore - Wilhelm Bolt Tension Cell, per day ......... ............................... $ 40.00 Torque Wrench, per day ......................... ............................... 15.00 (Weekly or Monthly Rates by Quotation) Pickup or Delivery of Skidmore - Wilhelm Cell or Torque Wrench ......................... 20.00 Slump Cone and Rod ........................... ............................... 60.00 NOTE: When rental of special equipment is necessary, charges will be at cost plus 15% TESTING MACHINES Universal Testing Machines, per hour ............... ............................... Quotation (Plus Regular Rate of Technicians and Engineers) Schedule of Fees September 1, 1986 C -7 �w �• .. 4 Twining Laboratories GENERAL CONDITIONS Note: Working conditions are established by contract with Local 12, Operating Engineers. MINIMUM CHARGES Show -up: No inspection performed — 2 hours. 4 -hour minimum: 1 to 4 hours inspection completed before noon. 8 -hour minimum: Inspection over 4 hours plus any inspection extending past noon. NOTE: Less than 24 -hour call -out may necessitate premium charges. REGULAR TIME First 8 hours, Monday through Friday, between the hours of 6:00 a.m. and 5:00 p.m. TIME AND ONE -HALF Concrete Placement and Off -Site Welding Inspection: After the first 8 hours through 11 hours Monday through Friday and first 11 hours on Saturday. All Other Types of Inspection: After the first 8 hours through 10 hours. DOUBLE TIME Concrete Placement and Off -Site Welding Inspection: After the first 11 hours Monday through Saturday, all day Sunday and Holidays in Shop (off- site). All Other Types of Inspection: After the first 10 hours Monday through Friday, all day Saturday and Sunday. TRIPLE TIME Holidays at Jobsite. Holidays are: New Year's, Decoration, Independence, Labor, Veterans, Thanksgiving, Day after Thanksgiving, Christmas, and the first Saturday following the first Friday of June and December. TRAVEL TIME & MILEAGE No travel time or mileage within 40 -mile radius of nearest laboratory for Deputy Inspection only. For projects outside the 40 -mile radius, $ .50 per mile will be charged. Portal to portal, for Engineers and Technicians is from the Laboratory to site of work and return. PARKING Charged at cost unless provided. SUBSISTENCE On remote jobs, by Quotation, unless provided SHIFT DIFFERENTIAL Second (Swing Shift) — Eight (8) hours shall be charged for first 72/2 hours worked. Time in excess of 71/2 hours at overtime rate. Third (Graveyard Shift) — Eight (8) hours will be charged for first 7 hours worked. Time in excess of 7 hours at overtime rate. CANCELLATION No charge if made before 4:00 p.m. of the preceding day. See minimum charge. TERMS OF PAYMENT Fees charged are for professional and technical services and are due on presentation. If not paid within 30 days from date of invoice, they are considered past due and a finance charge of I'/z% per month will be added to the unpaid balance. (APR 18 %). All invoice errors or necessary corrections shall be brought to the attention of the company within fifteen (15) days of receipt of invoice thereafter, customer acknowledges invoices are correct and valid. Twining Laboratories reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining Laboratories, its subsidiaries, affiliates, servants and agents, for termination of work on account of these terms. Should it be necessary to refer a past -due account to an attorney or to file suit for collection, customer agrees to pay all reasonable expenses and costs incurred thereby, including reasonable attorney fees and costs. Jurisdiction and venue shall be in Los Angeles County, State of California. Schedule of Fees September 1, 1986 C_8