HomeMy WebLinkAboutC-2591(H) - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland StreetCONSULTANT AGREEMENT
THIS AGREEMENT, entered into thisC$/V°T day of bGG /G,
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1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and SMITH -EMERY COMPANY, whose address is
5427 East La Palma Avenue, Anaheim, CA 92806 (hereinafter referred to as
( "CONSULTANT "), is made with reference to the following:
RECITALS
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and CONSULTANT desire to enter into a professional services
agreement for material testing for the Pacific Coast Highway Widening Project
No. C -2591 upon the terms and conditions set forth herein:
NOW, THEREFORE, it is mutually agreed by and between CITY and
CONSULTANT as follows:
SECTION 1. GENERAL
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
provisions for Federal -aid construction contracts are included in Exhibit "A"
(Pages FR -1 through FR -18) attached and incorporated herein by reference.
A Certification of Consultant statement (Exhibit "B") and Title
49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification
(Exhibit "C ") must be signed by an authorized company representative.
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SECTION 2. VICES TO BE PERFORMED
herein below:
CONSULTANT agrees to perform all services and work as outlined
A. Provide qualified personnel and equipment to perform
independent assurance testing and Engineering Geologist Services as required by
the project Resident Engineer to assure that the material used in this project
is in compliance with the contract documents.
B. Provide supplemental personnel as required for on -site and
off -site testing and inspection.
SECTION 3. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed pursuant to
this Agreement in the amount and manner set forth in Exhibit "D" which is
attached hereto and incorporated herein by this reference with the maximum fee
not to exceed $30,000.
SECTION 4. STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
services shall be performed by qualified and experienced personnel who are not
employed by CITY nor have any contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created
by this Agreement is that of employer- independent contractor. The manner and
means of conducting the work are under the control of CONSULTANT, except to the
extent they are limited by statue, rule or regulation and the express terms of
this Agreement. No Civil Service status or other right of employment will be
acquired by virtue of CONSULTANT's services. None of the benefits provided by
CITY to its employees, including but not limited to unemployment insurance,
workers' compensation plans, vacation and sick leave, are available from CITY to
CONSULTANT, its employees or agents. Deductions shall not be made for any State
or Federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer- employee relationship from any fees due CONSULTANT.
Payment of the above items, if required, are the responsibility of CONSULTANT.
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SECTION 6. HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and against any and
all loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees, arising from the negligent performance of
services or work by CONSULTANT pursuant to this Agreement.
SECTION 7. INSURANCE
On or before the commencement of the term of this Agreement,
CONSULTANT shall furnish CITY with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
coverage. Such certificates, which do not limit CONSULTANT "s indemnification,
shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled by the insurer except after ten
(10) days' written notice has been received by the City of Newport Beach."
It is agreed that CONSULTANT shall maintain in force at all times
during the performance of this Agreement all appropriate coverage of insurance
required by this Agreement, and that said coverage of insurance shall be secured
from an insurance company assigned Policyholders' Rating B (or higher) and
Financial Size Category Class VIII (or larger) by the latest edition of Best's
Key Rating Guide and licensed to do insurance business in the State of
California.
A. COVERAGE
1. Workers' Compensation. Statutory coverage as required by the
State of California.
2. Liability. Comprehensive general and automotive liability
coverage in the following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $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 shown
above.
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B. SUBROGATION WAIVER
CONSULTANT agrees that in the event of loss due to any of the
perils for which it has agreed to provide comprehensive general liability
insurance, CONSULTANT shall look solely to its insurance for recovery.
CONSULTANT hereby grants to CITY, on behalf of any insurer providing
comprehensive general liability insurance to either CONSULTANT or CITY with
respect to the services of CONSULTANT herein, a waiver of any right of
subrogation which any such insurer of said CONSULTANT may acquire against CITY
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE
If CONSULTANT at any time during the term hereof, should fail to
secure or maintain the foregoing insurance, CITY shall be permitted to obtain
such insurance in CONSULTANT's name or as an agent of CONSULTANT, and shall be
com- pensated by ENGINEER for the costs of such insurance at the maximum rate
permitted by law computed from the date written notice is received that such
costs have been paid.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, and
employees shall be named as an additional insured under all insurance coverages
except any professional liability insurance and Workers Compensation Insurance
required by 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. An additional insured
named herein shall not be held liable for any premium deductible portion of any
loss, 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.
SECTION 8. PROHIBITION AGAINST TRANSFERS
Neither party shall not assign, sublease, hypothecate, or transfer
this Agreement or any interest therein directly or indirectly, by operation of
law or otherwise, without the prior written consent of the other party; any
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attempt to do so without said consent shall be null and void, and any assignee,
sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of CONSULTANT, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if CONSULTANT
is a partnership or joint venturer or syndicate or cotenancy, which shall result
in changing the control of CONSULTANT, shall be construed as an assignment of
this Agreement. Control means fifty percent (50 %) or more of the voting power
of the corporation.
SECTION 9. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and certificates
that may be required in connection with the performance of services hereunder.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document, prepared by CONSULTANT under this Agreement shall be the property of
CITY.
CITY shall make no use use of materials prepared by CONSULTANT
pursuant to this Agreement, except for construction, maintenance and repair of
the Project. Any use of such documents for other projects, and any use of
uncompleted documents, shall be at the sole risk of the CITY and without
liability or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or
assembled by CONSULTANT pursuant to this Agreement shall be made available to
any individual or organization by CONSULTANT without prior approval of CITY.
CONSULTANT shall, at such time and in such form as CITY may
require, furnish reports concerning the status of services required under this
Agreement.
SECTION 11. RECORDS
CONSULTANT shall maintain complete and accurate records with respect
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to costs, expenses, receipts and other such information required by CITY that
relate to the performance of services under this Agreement.
CONSULTANT shall maintain adequate records on services provided in
sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and
shall be clearly identified 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 CITY the right to examine and audit same,
and to make transcripts therefrom as necessary, and to allow inspection of all
work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be kept separate from
other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
SECTION 12. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from CONSULTANT to
CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Attention: Gregory Deist, Resident Engineer
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to
CONSULTANT shall be addressed CONSULTANT at:
Smith -Emery Company
5427 East La Palma Avenue
Anaheim, CA 92806
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any
reason by giving the other party seven (7) days' prior written notice; notice
shall be deemed served upon deposit in the United States Mail, postage prepaid,
addressed to the other party's business office. In the event of termination due
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to fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for
only those authorized services which have been completed and accepted by CITY.
If this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of fee schedules
contained above, subject to any maximum amount to be received for any specific
service.
SECTION 14. 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.
SECTION 15. ADVERTISEMENT
CONSULTANT shall not post, exhibit, display or allow to be posted,
exhibited, displayed any signs, advertising, show bills, lithographs, posters or
cards of any kind unless prior written approval has been secured from CITY to do
otherwise.
SECTION 16. COMPLIANCES
CONSULTANT shall comply with all applicable laws, State or Federal,
and all applicable ordinances, rules and regulations enacted or issued by CITY.
SECTION 17. NUISANCE
CONSULTANT shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under
this Agreement.
SECTION 18. SAFETY REQUIREMENT
All work performed under this contract shall be performed in such
a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or
cease and desist orders to the CONSULTANT when unsafe or harmful acts are observed
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or reported relative to the performance of the CONSULTANT's work under this
Agreement.
The CONSULTANT shall maintain his work free of hazards to persons
and /or property resulting from his operations. Any hazardous condition noted by
the CONSULTANT, which is not a result of his operations, shall immediately be
reported to CITY; however, it is not CONSULTANT's responsibility to determine
whether any such hazardous conditions exists.
SECTION 19. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is obtained, only those
people and subcontractors whose names and addresses appear in this Agreement or
any attachments hereto shall be used in the performance of this Agreement.
Request for additional subcontracting shall be submitted in writing, describing
the scope of work to be subcontracted and the name of the proposed subcontractor.
Such request shall set forth the total price or hourly rates used in preparing
an estimated cost for the subcontractor's services. Approval of the subcontrac-
tor may, at the option of CITY, be issued in the form of a Work Order.
SECTION 20. 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 subsequent breach of
the same or any other term, covenant, or condition contained herein whether of
the same or a different character.
SECTION 21. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be exe-
cuted on the day and year first above written.
CITY OF NEWPORT BEACH,
APPROVED AS TO FORM: a Municipal Corporation
By
pity Manager
SMITH -EMERY COMPANY
By Gvre�e
C NS ULTANT
Title
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EXHIBIT "A"
.. SECTION 6. FEDERAL REQUiREH1E)RS FWR FEDERAL -AID CONSTRUCTION PRO48M -.
6-1.0, YEMEPAL.--T1» work herein proposed
rill be financed In dal• or to part with Fed -
erel funds, and therefore at of the statutes,
rules and regulations In lgated by the Fed-
eral Govermmat and applicable to wai financed
in dale or in part with Federal funds will
apply to such work. The *Required Contract
Provisions. Federal-Ald Construction
Contracts," Form FMIA 1273, are Included In
this Section 6. Whenever in sold required
contract provisions :retool we rode 40
OSHA contracting *"few-,. Osm- resident
engineer•, a *wthortzed representative of "a
SHAM, such references shell be construed to
amen MEnglaeerO as defined In Section i -1.18
of the Standard Specifications.
6-1.02 PE FORIVACE OF FR WIM COM-
TRAcT.—la addition to the .- provisioas In
Section if. *NOndiscriminetlom,* and. Section
VII. *Sublettleg or Assigning the Contract,• of
the required contract provisions, tM
Contractor shall comply with the following: -
The bidder shall execute "*.CERTIFICA-
TION WITH RE MW TO THE PSW MWCE OF
PREVIOUS CONTRACTS OR SUBCONTRACM SUBJECT
To THE EQUAL _OPPORTUNITY.CLAUSE AND THE
FILING OF . REQUIRED. REPORTS...loated -in the
proposal. No request for subletting or
assigning any portion of the contract In
excess of 510,000 will be considered under
the provisions of 'Section VII of the
required—contract provisions unless such
requoit is accompanied by the CERTIFICATION
referred to above. executed by the proposed
subcontractor.
6-1.03 W*-C LLUSW - FROVISION. The
Provisions In this section are applicable to
81.1 contracts except contracts for Federal Aid
Secondary projects.
Tltle 23, United States Cede, Section 112,
requires as a condition precedent to approval
by ma Federal Nlyhrey Administrator of the
contract for this work Met earn bidder M* a
sworn statement executed by, or on behalf of,
Revised 3--21-88
FR -1
the parson, firm, association, or corporation
to whoa such contract Is to be a.arded, cerfl-
tying that such parson, tiro, association, or
corporation has not, either directly or Indi-
racily, entered Into any agroomentr particl-
pated In any collusion, or otherwtsa.takoa any
action in restraint of free competitive bid-
ding In connection with the submitted bid. A
form to make the non- colluslon affidavit state-
seat required by Section 112 es a certification.
under penalty of perjury rather than as -a sworn
statement, as permitted by 28. USC. Sec. 1746,
Is included in the proposal.
6-1.04 PARTICIPATION BY MINORITY BUSINESS
ENTERPRISES IN 2WMTRACTiNG. --Part 23,
Title 49, Code of Federal Regulations applies
to this Fedral -aid project. Pertinent sao-
tian of said Code are Incorporated in pert or
in its entirety within other sections of these
special provisions.
IIII1511111S1115
Schedule 8—Info netloa for Oetrmising Jolat
Venture EllgibtIfly
(This form need not be filled in if all
joint venture firms are minority owned' )
1. Name of joint venture
2. Address of joint venture
3. Phone number of joint venture
4. Identify the firms which comprise the
joint venture. (The MBE partner must complete
Schedule A.)
(a) Describe the .role of the MBE firm In
Me joint venture.
(b) Oescrlbe vary briefly the experience
and business Qualifications of each non-#48E
joint venturer:
i
On this _ day of , 19_�
before me wooered (Name)
to r personally known, vbo, being duly sworn,
did eweete i:w ,rgoing affidavit, m! ;::d
state that he or she ws properly wthor[zed
by (Name of firm)
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FR -3
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to execute the affidavit and did so as his or
her free act and deed.
Notary Public
Comelsslon expiry
ISea11
segregated facilities at any of Its establlsh-
emwrts, and that Me firm does not Permit its
employees to perform their services at any .
location, under Its Control, where seareeste.t
facilities are maintained.. .The firm agrees
that a breach of this certification Is a viola-
tion of the Equal Opportunity Claw" in this
contract. The firm further certifies that no
employe" will be denied access to adequate
facilities on the basis of sac.
b. As used In this unification, -the term
esegroget"d fecllltles• Wrens any waiting
rooms,' work roes. restrooms and washrooms:
restaureats and attar eating reds, tlmeclockso
locker rooms, sad other storage or dressing
arses. 'parking lots. drinking '.'fountalns;
recreation or awtertalnmant areas' transpor-
tation, and housing facilities provided for
employ which are segregated by expifelt
directive, or re, In fact, segregated on "a
basis of race, color, religion, or national
origin, because of habit, local custom, or
otherwise.
C. The cmireclot agrees that 11' has
obtained or will obtain Identical certification
from proposed subcontractors or arterial
suppliers prior to award of subcontracts or`-
consummatlon of metarfel supply agreementa.-
''. Ing $10,000 and that It will rotate such
certifications In Its tiles.
IV. PAYNOW OF PREDETMIUM MNIMUI MACE
(Applicable to Federal -mid construction
contracts and related subcontracts ecce"ding
$2,000.)
1. 8"meral.
a. All mechanics and laborers employed or
working upon the site of the wo,ic will be paid
unconditionally and not less often than once a
week and without subsequent deduction or rebate
on any account texcepf such payroll deductions
as are Permitted by regulations issued by the
Secretary of labor under the Copeland Act (29
CFR Part MI the full amounts of wages end bona
fide fringe benefits (or cash equivalents
thereof) due at time of payment. The payment
shell be computed at wage rates not less than
those contained In The wage determination of
Revised 3 -21-88 Fit -)
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the Secretary of labor (hereinafter 'the vaga
determinatlon•) Mich Is attached hereto and
made a Par► hereof, regardless of any .contrac-
rA :a,.:1nsi6iP Moth nay he •��ti .�.. 'G fw:.i
between the contractor or. It* Subcontractors
and such laborers and mechanics, -The, wage
determination (Including any additional glassi-
Mottoes and gage rates conformed under para-
graph 2 of this Section IV and Ma oOL poster
(1114- 1321) or Form RMA -1493) shall be posted at
all times by "a contractor and Its subcon-
tractors at the sits of the work In a prominent
and accessible place where It can be easily
seem by the workers. For the Purpose of, this
Section, contributions made or costs reasonably
anticipated for bona fide fringe benefits under
Section 1(b)(2) of "a .Davis-Sacoa Act (40
Y.S.C. 276a) on behalf of laborers or mechanics
arm considered wages aid to Such .laborers or
mechanics, subject to the provisions of Section
IV, paragraph 3b, hereof. Also, for tM pur-
pose of this Section, regular contributions
made or. costs incurred 'for worm than a weekly
period (but - not IWS often "M duartrly)
enter plans, funds, or p agrees, which cover
the IwTlcular weekly period, era dammed to be
eonstruct(veljr made or - Incurred dring such
weekly -period. Such laborers and mechanics
shall.be paid appropriate wage raft -and fringe
benefits an "a wage determination for "a
classification of. work actually performed,
without regard to skill, except as provided In
paragraphs 4 and 1 of this Section IV,
b. Laborers or mechanics prformIrW work Iq
more then one classification way be cwspensated
at "a rate specified for each clasulticstion
for the time actually worked therein. provided,
that the owloyrts payroll records accurately
sat forth the time spec in each classiticetlon
In which work is performed.
c. All rulings and iaterpretat!ons of The
avls -Seem and Related Acts coal [nod In 29
CFR Ports 1. 3, and 7 we herein incorporated
by reference In this Contract.
2. Ctessifteatloni
a. The SIIA contracting officer shell require
that any class of laborers or mechanics
employed under the contract, which Is not
s
a. discriminate against labor from any other
State, possession, or tarrlt+ory of the United
States, or
b_ rscict labor for any purpose
within fha.list" of the project unless It is
labor performed by convicts who are on parole,
supervised raise". or probation. .
L Warner neer Practices$
a. The Equal Employment Opportunity
Affirmative Action Notice-set faith in 41 CFR
60-4.2 and the Equal Glployamit Opportunity
Constractlon Contract Specificettons set faith
la 41 CFR 60-4.3 are incr_ panted by reference
In this contract. 1
Is. Regulation at CFR 60-4.2 requires goals
and final lea for minority and heals par -
ticipattan expressed in percents" to far
the contrectorls aggregate work force In each
trade on ell construction work In the covered
arms. The goals for this contract are stated
elsewhere to the bidding documents and In the
eoashacttoo contract.
c. Regulation 41 CFR 60-4.3 provlda
specific affirmative action standards the
contractor shalt Implement to ensure equal��
aspioymorr opportunity in achieving ths,
minority and female participation goals set
forth In pasagraM 2b at this Section.
d 3. Equal Opportually Closes Ouring the
Performance of this contract, the contractor
*gross as follows:
a. The contractor will not discriminate
against any employee or appllcant for employ -
so. because of race, color, rellgion,.sex, or
national origin. The contractor wt II take
affirmative action to ensure that applicants
are employed and Mat employees are treated
during employment without regard to their race,
color, religion, sex, or national origin. Such
action shall Include, but-wt be limited to,
the followings employment, upgrading, demotion
or h m sfr; recruitment or recruitment ad-
imrtlsing; layoffs or termination; rates of pay
or other faro of compensatlon; and, selection
for training, Including apprenticeship. The
contractor agrees to post In conspicuous
Places, available to eeployMS and applicants
R.vls.d 1 -21-88
FR-5
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for employment, noticas to be provided by the
State. highway - agency ISM) setting forth the
provisions of this nondlscrlmlastlon-ctouse.
. b. The contractor *will, in all sollcitarlons
or advertisements for employees placed by or on
behalf of "a contractor, state Mat all quali-
fied applicants will recelve'consldereTion for
employment without regard to race, color,
religion, sex, or national origin.
c. The contractor will send to each labor
union or representative of workers with which
the contractor has a collective bargaining
agreement cc other contract or understanding a
notice to be provided by the SIM advising Me
sold labor union or workerat rapreselltativs of
the contractor *s commitments under Mls Section
11, paragraph 3.
d. TM contractor will comply with all
provisions of- Executive Order 11246, Equal
Employment Opportunity, dated September 24,
1 963. and of the rules, regulations (41 CFR
Part 60), and relevant orders. of the Secretary
of labor.
e. The contractor will furnish all
Information and reports required by Executive
Order 11246 and by rules, regulations, and
orders of. the Secretary of Labor, pursuant
ttarato, and will permit access to its books,
records, and accounts by the Federal Highway
Adminlsh atlon (Flats) and the Secretary of
Labor for purposes of� Invsatigatlon to as-
certain compliance with such rules, regula-
tions, and orders.
f. In the event of the
contractor's-non-compliance with the nondiscrimination clauses
of this Section 11, paragraph 3, or with any of
the said rules, regulations, or *orders, this
contract may be canceled, terminated, or sus -
pmMad In whole or In part. The contractor may
be declared Ineligible for further Government
contracts or federally- asalsted construction
contracts In accordance with peocWures evtho-
rized In Executive order 11246 and such other
sanctions as cony be Imposed and remedies
Invoked as provided In Executive Order 11246 or
by rule, regulation, or order of the Secretary
of Labor, or as ottnervlse provided by law.
g. The contractor rill. Include the provl-
slons of this Sictlon 11, paragraph 3, In every
subcontract or purchese order so that such
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recogn I zed by the Bureau, or if a parson Is
employed In hls/har first 90 days of probation-
ary employment as an apprentice In such an _
apprenticeship orr.nren., ..r 1Z io: I..divldual lv
registered in the program. but who has been-
certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency
agency (whoa appropriate) to be Nigible for
Probation" employmnt as an apprentice.
(2) The allowable ratio of apprentices to
Journeymen level employees an the job site in
say craft classification shall oat be greater
then the ratio permitted to The contractor as
to the entire work farce under the registered
program. Any employee Ilsted an a payroll.at
an apprentice wage rata, who Is eat registered
or otherwise employed as stated a0ev*. shall be-
paid not lass than the applicable wage rate
listed In the wgm determination for the
classification of wok actually performed. in
addition, any apprentice Pei fag fag wok an the
job site In excess of the ratio permitted under
the nglstered pragram-shelI be paid not less
tan the applicable wag* rah an the wage
determination for the work actually performed.
llhere a contractor or subcontractor Is Pei lot
construction on a project In a locality",
other than that In which Its program Is reglsv-
Tared, the ratios and wage rates (expressed to
percent"" of the journeymae -level hourly
rata) specified in the contrsetoras or
subcontractor's registerad-.progras shell be
observed.
(3) Every apprentice must be paid at not
less than the'rate speeltled In the registered
program for MI apprentice's level of progress,
expressed as a percentage of the journeyman-
level hourly rate.speclfled In the applicable
wage determination. Apprentices shell be paid
fringe benefits In accordance with the provl-
$ions of th, apprenticeship (w'ogl . If the
opplentic*ship program does not specify fringe
benefits, apprelrtlees must be paid the full
amount of fringe benefits listed an the wage
determination for the applicable classifica-
tion. If the Administrator for Me Wage and
Four Division determfnos that a different
practice prevails for the app[ lcabl• apprentice
classification, fringes shall be paid In
accordance with Met. detarmi not Ion.
Revlsed 3,-21-88
FR -9
(a) In the avant the Bureau of Apprentice-
ship and Training, or a- -State - apprenticeship -
agency - recognized by the Bureau. withdraws -
n1+;'o:2: an apprenticeship program. the
contractor or subcontractor wllI no longer be
Permitted to utilize apprentices at less than
the applicable predetermined rate for the
comparable work perforwed by regular_employess
until an acceptable program is approved..
b. Tralaeasl
(1) Except as provided In 29 -CFA 3.16,
trainees will not be permitted to work at .less -
thn the predetermined rata for the work per-
formed unless they are employed pursuant to and
Individually registered In a program which has
received prior approval, *vldexaceI by farms[
certification by the U.S. Department of Labor,
Employment and Training Admlalsh tion.
(2) The ratio of "foe" to journeyman -
level employs" on the Jobr site shall not be
greater than permitted under the plan approved
by the Employment and Training Administration.
Any employ « Ilsted on this payroll at a tomb"
rate who is not registered and participating In
a training pin approved by the Employment and
Training Adminlsim ion salt be paid not less
than the applicable wag* rate an the wage
determination for the classification of work
actually performed.:- In addition, any.fralnee
Performing work on The job sit* in excess of
the ratio permitted under the : registered
program shall be paid not less than the.eppll-
cable wage rat* on the wag* determination for
the work actually performed.
(3) Every train** must be paid at not loss
than the rat* specified In the approved program
for his/her level of progress, expressed as a,
percentage of M* journeyman -1*vel hourly rate
specified In the applicable wage deterwlnatlon.
Trainee shell be paid fringe .benefits in
accordance with the provisions of - the trainee
program. It the train program does not
wanton fringe benefits. trainees shall be paid
Me full amount of fringe benefits listed on
The wage determination unless Ma Administrator
of the Wage and lour Division deteco(nes Mat
More Is an apprenticeship program associated
with the corresponding Journeyman -lewl wage
rate on M* wage determination which provides
without payment of the overtime wages required
by the clause set forth In paragraph 7.
.a - Witblaldina for Un(w!!' ' Yq;a: and.
Liquidated Oemegess -
The SMA 5hal l upon Its own action or upon
written request of any authorized repres•ntu-
tive of the OOL withhold, or cause to be
withheld, from any monles payable on account of
WOO k performed by the ooMraehor or Sul beon-
tractor under any such contract or any other
Federal contract with the am" prime •con-
tractor, or. any other federall"lisisted
CantraCt subject to the Contract Worjt hours sad
Safety Standards Act, which Is held. by the same
prime contractor, such sums as my be dater-
allied hs be necessary to satisfy airy 11411111-
ties of such contractor or Subcontractor for
undid .ages and liquidated damages as provided
In the clause set forth In paragraph E above.
Y. STAT131EIIT5 Ave PAYROLLS
(Applia0le hs construction
consvction
contracts and related subcontracts emceed ing,-
52,000.)
1. Compliance with Copeland Regulations (29
CFR Part 3):
The contractor shall comply with the
Copeland Regulations of the Secretary of Labor
which are herein Incorporated "by reference.
2. Payrolls and PeV II•Ae*m d
`a. Payrolls and basic records relating
thereto shall be maintained by the contractor
and each subcontractor during the course of the
wont and preserved for a period of 3 years from
the date of completion of the contract for ail
laborers, mechanics, apprentices, trainees.
welcimom 0. and guards working at the site of the
work.
b. The payroll records shall contain fat
new, social security number, and address of
eeeh Such employee, his or her correct
classification, hourly rates of wages paid
(Including rates of contributions or costs
Revised 3-21 -88
0
anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described
In Section i(b)(2)(8) of the Oevis -8ncon Act),
dally and weekly animber of hours wnx-kad, aed.r.-
tlons mad• and actual magus paid._ Whenever the
Secretary of Labor, pursuant to Section IV.
paragraph 3b, has found that the wages of - arty
laborer or mechanic include the amount of any
costs reasonably anticipated In providing
benefits under a plan or program described in
Section t(b)(2)(81 of the Oevis -6*c*n Act, the
co tractor and each subcontractor shall main-
tain records whfCh show that the Commitment to
provide such benefits Is *of*[ ble, that The-
plan or program is financially responsible, and
Ito! the plan or program has been communicated
In writing to the Iaborers or mechanics affect -
ad, and records which show the Costs anticl-
pated or the actual ants Incurred In
WoviAing -such Oen•fIts. Contractors or Sub-
coatraetw s employing apprentices or trainees
under approved programs shall maintain written
evidence of the registration of apprenticeship
programs and Cal Iflcatlon of "in" programs,
the registrrtlan of oppr•atleas and tralneaa.
and fat ratios and we" rates pr•acrlbod in the
appllubl• programs.
e. Etch Contractor and subcontractor shall
furnish each week In which any contract work Is
performed to the resident engineer ■ pry"
roil of wages Veld each of Its eoployses
(Including apprentices and ftelnees described
In Section IV, paragraphs 4 end Sand watchmen
and guards engaged an week during the preceding .
weekly payroll period). The payrolls submitted
shell set out oeaurately and Completely all of
the Information required to be maintained under
paragraph 24 of fh(s Section V. This inforva-
tlon any to Submitted la any form desired.
Optional Form aa-347 is available for this
purpose and .way be purchased tram the
Superintendent of Ooarments (Federal stock
number 029 - 005- 0014-1). U.S. Government
Printing Oftice, Washington, O.C. 20402. The
prime contractor Is responsible for the
submission of copies of payrolls by all
Subcontractors.
d. Each payroll submitted shall be accom
ponied by a 'Statement of Compliance.^ slgned
by the contractor or subcontractor or his /her
agent who pays o^ supervises Me payment of the
FR -II
performed any be deducted from the total
original contract price before computing the
amount of work required to be performed by the
contractor$$ own arganlzatton (23 CFR Per*
635).
a. wits own organization- shall be construed
to Include only workers employed and paid
drrectly by "a prima contractor and equipment
owned or ranted by the prima contractor, . with
or without operators. Such term doet not In-
clade.employees or. equipment of a subcon-
tractor. assignee. or .agent of the prime
Coal. ractor.
b. especially Items- shall be construed to
be limited to work that requires highly
specialized knowledge, abilities, or equipment
not ordinarily available In the type of con -
iracfing organizations qualified and expected
to bid on the contract as a whole and In
general are to be Ilmited to minor odganents
of The overall contract.
2. The contract .amoant upon which the
requirement set forth -ta..paragraph I of this
Section VII Is computed Includes .the cost of
materials and manufactured products which are
to be purchased arm produced by the contractor .-
under the contract provisions.
3. The contractor shall furnish (a) a
competent superintwdent; or supwiiw who is
employed by tha fire. has .full wthorlty to
direct performance of tit* work In accordance
with the. contract rOff ulrwents, and is In
charge of all construction operations (regard-
less of who performs the work) ant (b) such
other of its one organizational resources
(supervision, management, and anglaering
services) as the SM contracting officer dater-
mines Is necessary to assure the performance of
the contract.
4. NO portlon of the contract shall be
sublet, assigned or otherwise disposed of
except with the written consent of the SHA
contracting officer, or authorized representa-
tive, and such consent when given shall not be
construed to relieve the Contractor of any
Reused 3 -21-88
Fit -13
responsibility for the fulftlla at of the
contract, written consent will be given only
after the SHA has assured that each subcontract
in. wr)Tind and fh!* 1 ♦'L.,..�:1
alt pertinent provisions and requirements. of
Ma prime contract."
rill. SAFETY; ACCiDEKT PREVENTION
1. In the performance of this contract the
Contractor shall comply with all applicable
Federal, State, and local laws governing
safety, health, and sanitation (23 CFR Part
635). The contractor shall provide all safe-
guards, safety devices and protective equlpeent
and take any other needed actions as It deter-
mines, or as the SHA contracting officer may
determine, to be reasonably necessary to pro-
tect the life and heal" of aacloyeas on the
Job and the safe y of the publ Ic and to protect
Property In connection with "a performance of
the work covered by the oontract.
2. It is a condition of this contract, and
shall be mede a condition of each SubcontnM
entered Into pursuant to this contract, that
the contractor and any subcontractor shall. not
require any laborer or mechanic employed In
performance of "*contract to work in sur-
roundings or under condltlons which are ue-
sanitary, hazardous, or dangerous to his/her
health or safety, as determined under construc-
tion safety and health standards (Title. 29,
Code 'of Fedora( Regulations, Part 1926.'
(formerly Part ISM as may be revised( promul-
gated by the Secretary of Labor, in accordance
with Section 107 of the Contract work Hours and
Safely Standards Act (83 Stat. 96).
IX. FALSE STATEMBI S CONCEMOO HICHHAY
FWJEM
In order to assure high quality and durable
construction In conformity with approved plans
and specificatlons end a high degree of mile -
bility_on statements and rapresentatlons made
by engineers, contractors, suppliers, and
workers on Federal -aid highway projects, it Is
essential Met all persons Concerned with the
s
,
0 0
6-1.06 f87EAAL -AID F91ALE AND MINORITY GOALS
in accordance with Section it.
Non -SMSA Counties ................. 23.2
•Nondlscrtelnatl! .• iu, of "fequlrad
^. L&"; 1;A Mendocino;
Contract Provisions Fedral -aid Construction '
CA San Benito.
Contracts- the following are the goals for
_
female utilization:
177 Seera.ulto. CA:
Goal for Mommy
SNSA Counties:
(Applles nationwide) ....... (percent) 6.9
6920 Seeremento, CA ........... 16.1
- CA
CA Placer; CA Sacramwlto;
The following are goals for minority
CA Yolo.
utilization:
Non -SIM Counties .:............... 14.3
CA Butte; CA Colusa;
CA El Dorado; CA Glenn;
CALIFORNIA ECONOMIC AREA. -;
CA Nevada; CA Sierra;
Goal
CA Sutter; CA Yuba.
" (Percent)
174 Redding. CA:
Non -SMSA Counties ... ;............ 6.8
CA Lassen; CA •Aodoc;
CA Plums; CA Shasta;
CA Siskiyou; CA Tehame.
173 Eureka. CA:
Non-SMSA Counties ................ 6.6
CA Del Norte; CA Mkimboldt;
CA Trinity.
176 San Francisco - Oakland -San Jose,-CA:
SMSA Counties:
7110 Salinas-Seaside-
Monterey, CA ................ 28.9
CA Monterey.
7360 Son Francisco - Oakland. CA. 23.6
CA Alameda; CA Contra Costa;
CA Merin; CA San Franclsco;
CA Son Mateo.
7400 San Jose. CA .............. 19.6
CA Santa Clara.
7485 Santa Cruz, CA............ 14.9
CA Santa Cruz.
7300 Santa Rose, C)(............ 9.1
CA Sonone.
8720 Val I9jo- Falrfleld-
Napa. CA .................... 17.1
CA Nana; CA Solano
Revlsed 3-21-98
FR -15
178 Stockton esto, CA:
SMSA Counties:
3170
Modesto. CA ..............
CA
Stanislaus.
8120
Stockton. CA .............
CA
San Joaquin.
Non -SMSA
Count l as .................
CA
Alpine; CA Amedor;
CA
Calaeeras; CA Marlposa;
- CA
Merced; CA Tuolumne.
t79 Fresno- Sakersf fold. CA:
12.3
24.3
19.8
SMSA Counties:
0680 Bakersfleld, CA.......... 1941
CA Kern.
2840 Fresno. CA ............... 26.1
CA Fresno.
Non —SMSA Coantles ................. 23.6
CA Kings; CA Madere;
CA Tulare.
180 Los Angeles, CA:
SMSA Counties.
0360 Anww(a -Santa An*- Garden
Grow, CA ................... 11.9
CA Orange.
4480 Los Angeles -Long
Beech, CA ................... 28.3
CA Los Angeles.
6000 0�nard -Sinl Valley -
VeI -ura, CA ................. 21.3
CA Ventura.
0
6 -26-76
SECTION 6-2. MERAL REp0IRMIM;I TXAS11I2}C SPECIAL PROVISIMI
6 -2.01 As par- -_ of the Contractor's equal e=ploymant opportmilty affix- -
aative ac'_.lon prograe, training shall be provided as follwss _
The Contractor shall provide on- the -job training to develop full
journevnen in the types of trades or job classification involved..
She goal for the number of trainees or apprentices to be trained -
under the requirements of this special provision will be 7
In the event the Contractor ■ubcontracts a portion of -E'79 contract
work, he shall deter3ine how'wny, if any, of the trainees or appren-
tices are to be trained by the subcontractor, provided however, that
the Contractor shall%retaln the primary responsibility for aretlnq
the training requiremehts imposed by this special provision. The ..
Contractor shall also insure that this T- raining Special Provision is
made applicable to such subcontract. Where feasible, 25 percent of :
trainees or apprentices in each or_apLation shall be in their first
year of appren ^lceshlp or training. -
She nurser of trainees or apprentices shall be distributad among
the work classificatlons on the basis of the Contractor's needs and
the availability of jour- neymen in the various classifications Within
a reasonable area of rsr_ait nt. Prior to co==encing work, the
Contractor shall submit to the Departmnt for approval the number of -.
trainees or apprentices to be trained in each selected classificst'_on _
and training program is be used. 7urt a -amore, the Contractor shall
speci`_y the starting time for training in each of the classifications.
The Contractor will be credited for sash trainse or apprentice
es=ployed by hi= on the contract work who is currently enrolled or
becomes enrolled in an approved program and will be rei=bursed for
such trainees or apprentices as provided hereinafter. -
Training and upgrading of minorities and women toward journeyasn
status is a primary objective of this Training Special Provision.
Accordingly, the'Contraator shall make every effort to enroll minority
and women trainees or apprentices (e.g., by conducting systematic and
direct recrait=ent through public and private sources likely to yield
minority and vcmen trainees or apprentices) to the extent such persons
are available within a reasonable area of recuit=ent. ne Contractor
will be responsible for demonstrating the steps that he has taken in
pursuance thereof, prior to a deter=ination as to whether the Con -
tractor is in c mpliance with this Training Special Provision. This.
training cormitaent is not intended, and shall not be used, to dis-
criminate against any applicant for training, whether a member of a
minority group or not.
Ho employee shall be employed as a trainee or appren tice in any '
classification in which he has successfully completed a training
course leading to journeyman status or in which he has been employed
as a jon.- neyman. She Contractor should satisfy this requirement by
including appropriate questions in the eaplovee application or by
other suitable means. Regardless of the method used the Cone actor's
records should doc-inlent the findings in each case.
SSe n!ninvm length and type of training for each classification will
be as established in the training program selected by the Contractor
and approved by both the Department and the Federal Highway Aeministra-
tion_ ^tie Depaz==ent and the Pederal Highway Adsiniatratlon will
approve a programs if it in reasonably calculated to mat the equal
e.�loynent op
portanity obligations of the Contractor and to qualify
the average Cainee or apprentice for journeyr,n status in the
classification concerned by tha and of the training poriod. rurther-
oore, apprenticeship prog =aaa rcgi3rcrcd with C -n D.S. Department of
Labor, Bureau of Apprentienship and Traininq, or with the Sure of
California, Deoart� nt of Industrial Ralationa, Division of Appron-
ticaship Standards recogni_nd by the Bureau and trailing proyrana
• •
6-26 -78
approved but not necessarily sponsored by th,i O.S. Departmant of
Labor, Manpower Administration, Bureau of Apprenticeship and Train-
ing shall also be considered acceptable prov�Aad it is being __ .
administered in a manner consistent with the equal employment obli-
gations of Federal -aid highway constriction contracts. Approval or
acceptance of a training program shall be obtained from the State ..
prior to c�mnencinq work on the clam sificati can covered by the pro-
gram. It is the intention of these provisions that training is to
be provided in the ccnat- -uc^.Son crafts rather than clerk - typists or
secretarial -type positions. Training is permissible in lower level
management positions such as office engineers, estimators, time-
keepers, etc., where the training is oriented toward construction
applications. Training in the laborer classificat-lon may be
permitted provided that significant and neaningful training is .
provided and approved by the.divisioa office, Some offsite train-
ing is permissible as long as the training is an integral part of _
an approved training program'.and does not =.prise a significant
pa=t of the overall t=aininq.
Except As otherwise noted below, the Contractor will be reimbursed
80 cents per hour of training given an employee on this contract in
accordance with an approved training program. As approved by the
Engineer, reimtihur2ement will be made for training at persons in ."
excess of the number specified harain. This reimbursement will be.
made even though the Contractor receives additional training pro-
gram funds from other sources, provided such other source does not
specifically prohibit the Contractor frca receiving o t':er raizhurse-
meat. Rel-bursemant for offsite trajning indicated above may only
be made to the Contractor where he does one or more of the following
and the trainees or apprentices are =nett —wetly employad on a
Federal -aid project: eontributas to'tha cost of the t-aininq, pro-
vides the instruction to the trainee or appr.mtice or pays the
trainee's or aporenticm's wages during the offsite training period.
No payment shall be made to the Contractor If either the failure
to provide the required training, or the failure to hire the train*
or apprentice as a joarayman, is caused by the Contractor and
evidences a lack of good faith on the par of the Contractor in
meeting the requirements of this Training Special provision. It ,
is normally expecsd that a t =mina or apprentice will begin his
training on the project as soon as feasible after start of work
utilizing the skill involved and remain on t!,e project as long as
training opportunities exist in his work cla.,sification or until
he has completed his traininq program. it is not required that
all trainees or apprentices be on board !or the enure length of
the contract. .1 C=tracar will have fulfilled his responsibilities
under this Training Special provision Sf he ikas provided acceptable
training to the number of trainees or apprana -.ices specified. 2342
number trained shall be determined on the basis of the total number
enrolled on the contract for a significa: r period.
only trainees or apprentices registered in a program approved by _
the State of California's State Administrator; of Apprenticeship nay
be employed on the project and said t-aL^ees or appran t:ces shall be
paid the standard wage specified under tha r•;gulations of the craft
or trade at which they are employed.
The Contractor shall furnish the t aLnee or apprentice a copy of
the program he will follow in providing the �raiaipg. :tie Contractor
shall provide each trainee or apprentice vita a eartlfleation showing
the type and length of training satisfactorily completed.
^re Contractor will provide for the maintrnance of records and _
furnish periodic reports doccumant' -ng his par`ormance under this
:raining Spacial Provision. _
ro_1o,
0 0
EXHIBIT "B"
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the Vice President and duly
authorized representative of the firm of SAITH -EMERY COMPANY ,
whose address is 5427 E. La Palma Ave., Anaheim, Calif. and that neither
I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage,
contingent fee, or other consideration, any firm or person (other than a bona
fide employee working solely for me or the above consultant) to solicit or
secure this agreement;
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person in connection
with carrying out the agreement; or
(c) paid, or agreed to pay, to any firm, organization or person (other
than a bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Transportation in connection with this agreement involving
participation of Federal Aid highway funds, and is subject to applicable State
and Federal laws, both criminal and civil,
1.
Y 2r,N„1
Signature
EXHIBIT "C"
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The prime Consultant, under penalty of perjury, certifies that, except as noted
below, he /she or any person associated therewith in the capacity of owner,
partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion,
or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered
against it by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the
following space.
Exceptions will not necessarily result in denial of award, but will be
considered in determining Consultant responsibility. For any exception noted
above, indicate below to whom it applies, initiating agency, and dates of
action.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
The above certification is part of the Proposal. Signing this
Proposal on the signature portion thereof shall constitute
signature of this Certification.
Signature Consultant
SMITH -EMERY COMPANY
EXHIBIT "0"
REQUEST FOR PROPOSAL
WIDENING PACIFIC COAST HIGHWAY (C -2591)
MATERIALS TESTING
Personnel: Fee
Engineering Geologist $65.00 /Hour (1)
Soil Field Technician (2) 37.50 /Hour (1)
Asphalt Field Technician (3) 37.50 /Hour (1)
(1) Includes portal to portal travel time & vehicle costs
(2) To perform soil compaction testing
(3) To perform AC compaction testing
Material Testing:
Soils: Maximum dry density determination $100.00 /Each
R -Valve 5_0.00 /Each
Sand Equivalent 55.00 Each
Aggregate Base: Sieve Analysis 50.00 /Each
Sand Equivalent 55.00 /Each
R -Valve 150.00 /Each
Asphalt Base: Sieve Analysis 55.00 /Each
Surface Abrasion
(California Test 360, Method A) * /Each
Concrete: Compression testing
(Included pick -up of cylinders) (4) 14.00 /Each
(4) City personnel will take the samples, testing lab is to supply the
cylinders
*Unable to perform this test
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into thik —" L day of
198 1 by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and H.V. LAWMASTER & COMPANY, INC., whose
address is 7940 Main Street, P.O. Box 246, Stanton, CA 90680 (hereinafter referred to as
( "CONSULTANT "), is made with reference to the following:
R E C I T A L S
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and CONSULTANT desire to enter into a professional services
agreement for material testing for the Pacific Coast Highway Widening Project
No. C -2591 upon the terms and conditions set forth herein:
NOW, THEREFORE, it is mutually agreed by and between CITY and
CONSULTANT as follows:
SECTION 1. GENERAL
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
provisions for Federal -aid construction contracts are included in Exhibit "A"
(Pages FR -1 through FR -18) attached and incorporated herein by reference.
A Certification of Consultant statement (Exhibit "B ") and Title
49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification
(Exhibit "C ") must be signed by an authorized company representative.
1of9
SECTION 6. HOLD HARMLESS
0
CONSULTANT shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and against any and
all loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees, arising from the negligent performance of
services or work by CONSULTANT pursuant to this Agreement.
SECTION 7. INSURANCE
On or before the commencement of the term of this Agreement,
CONSULTANT shall furnish CITY with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
coverage. Such certificates, which do not limit CONSULTANT "s indemnification,
shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled by the insurer except after ten
(10) days' written notice has been received by the City of Newport Beach."
It is agreed that CONSULTANT shall maintain in force at all times
during the performance of this Agreement all appropriate coverage of insurance
required by this Agreement, and that said coverage of insurance shall be secured
from an insurance company assigned Policyholders' Rating B (or higher) and
Financial Size Category Class VIII (or larger) by the latest edition of Best's
Key Rating Guide and licensed to do insurance business in the State of
California.
A. COVERAGE
1. Workers' Compensation. Statutory coverage as required by the
State of California.
2. Liability. Comprehensive general and automotive liability
coverage in the following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $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 shown
above.
3 o 9
B. SUBROGATION WAIVER
CONSULTANT agrees that in the event of loss due to any of the
perils for which it has agreed to provide comprehensive general liability
insurance, CONSULTANT shall look solely to its insurance for recovery.
CONSULTANT hereby grants to CITY, on behalf of any insurer providing
comprehensive general liability insurance to either CONSULTANT or CITY with
respect to the services of CONSULTANT herein, a waiver of any right of
subrogation which any such insurer of said CONSULTANT may acquire against CITY
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE
If CONSULTANT at any time during the term hereof, should fail to
secure or maintain the foregoing insurance, CITY shall be permitted to obtain
such insurance in CONSULTANT's name or as an agent of CONSULTANT, and shall be
com- pensated by ENGINEER for the costs of such insurance at the maximum rate
permitted by law computed from the date written notice is received that such
costs have been paid.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, and
employees shall be named as an additional insured under all insurance coverages
except any professional liability insurance and Workers Compensation Insurance
required by 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. An additional insured
named herein shall not be held liable for any premium deductible portion of any
loss, 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.
SECTION 8. PROHIBITION AGAINST TRANSFERS
Neither party shall not assign, sublease, hypothecate, or transfer
this Agreement or any interest therein directly or indirectly, by operation of
law or otherwise, without the prior written consent of the other party; any
4 o 9
attempt to do so without said consent shall be null and void, and any assignee,
sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of CONSULTANT, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if CONSULTANT
is a partnership or joint venturer or syndicate or cotenancy, which shall result
in changing the control of CONSULTANT, shall be construed as an assignment of
this Agreement. Control means fifty percent (50 %) or more of the voting power
of the corporation.
SECTION 9. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and certificates
that may be required in connection with the performance of services hereunder.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document, prepared by CONSULTANT under this Agreement shall be the property of
CITY.
CITY shall make no use use of materials prepared by CONSULTANT
pursuant to this Agreement, except for construction, maintenance and repair of
the Project. Any use of such documents for other projects, and any use of
uncompleted documents, shall be at the sole risk of the CITY and without
liability or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or
assembled by CONSULTANT pursuant to this Agreement shall be made available to
any individual or organization by CONSULTANT without prior approval of CITY.
CONSULTANT shall, at such time and in such form as CITY may
require, furnish reports concerning the status of services required under this
Agreement.
SECTION 11. RECORDS
CONSULTANT shall maintain complete and accurate records with respect
5of9
0 0
to costs, expenses, receipts and other such information required by CITY that
relate to the performance of services under this Agreement.
CONSULTANT shall maintain adequate records on services provided in
sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and
shall be clearly identified 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 CITY the right to examine and audit same,
and to make transcripts therefrom as necessary, and to allow inspection of all
work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be kept separate from
other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
SECTION 12. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from CONSULTANT to
CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Attention: Gregory Deist, Resident Engineer
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to
CONSULTANT shall be addressed CONSULTANT at:
H.V. Lawmaster & Company, Inc.
7940 Main Street
P.O. Box 246
Stanton, CA 90680
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any
reason by giving the other party seven (7) days' prior written notice; notice
shall be deemed served upon deposit in the United States Mail, postage prepaid,
addressed to the other party's business office. In the event of termination due
6of9
to fault of CONSULTANT•ITY shall be obligated to compensate CONSULTANT for
only those authorized services which have been completed and accepted by CITY.
If this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of fee schedules
contained above, subject to any maximum amount to be received for any specific
service.
SECTION 14. 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.
SECTION 15. ADVERTISEMENT
CONSULTANT shall not post, exhibit, display or allow to be posted,
exhibited, displayed any signs, advertising, show bills, lithographs, posters or
cards of any kind unless prior written approval has been secured from CITY to do
otherwise.
SECTION 16. COMPLIANCES
CONSULTANT shall comply with all applicable laws, State or Federal,
and all applicable ordinances, rules and regulations enacted or issued by CITY.
SECTION 17. NUISANCE
CONSULTANT shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under
this Agreement.
SECTION 18. SAFETY REQUIREMENT
All work performed under this contract shall be performed in such
a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or
cease and desist orders to the CONSULTANT when unsafe or harmful acts are observed
7 of 9
or reported relative to the performance of the CONSULTANs work under this
Agreement.
The CONSULTANT shall maintain his work free of hazards to persons
and /or property resulting from his operations. Any hazardous condition noted by
the CONSULTANT, which is not a result of his operations, shall immediately be
reported to CITY; however, it is not CONSULTANT's responsibility to determine
whether any such hazardous conditions exists.
SECTION 19. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is obtained, only those
people and subcontractors whose names and addresses appear in this Agreement or
any attachments hereto shall be used in the performance of this Agreement.
Request for additional subcontracting shall be submitted in writing, describing
the scope of work to be subcontracted and the name of the proposed subcontractor.
Such request shall set forth the total price or hourly rates used in preparing
an estimated cost for the subcontractor's services. Approval of the subcontrac-
tor may, at the option of CITY, be issued in the form of a Work Order.
SECTION 20. 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 subsequent breach of
the same or any other term, covenant, or condition contained herein whether of
the same or a different character.
SECTION 21. 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.
M
•
IN WITNESS WHEREOF, the parties have caused this Agreement to be exe-
cuted on the day and year first above written.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
a Municipal Corporation
By
City Manager
H.V. LAWMASTER & COMPANY, INC.
By /'-' 7/ l JCJR�c-
ONSULTANf
President
Title
9of9
i'
1 �
a•
:sw
i
EXHIBIT "A" •
SEMOM 6. FSXPAL REOU1R940)(TS Fqt FEDCRAL -AIO CONSTRUCTION PROJECTS
6-1.0: GENERAL. --The work t rein proposed
will be financed (a who(* or la part vith Fed-
eral funds. and thsrefcre ail of the statutes,
rules and:rop(atfans prdulgated by tM Fid-
es( 6ovornweat and applicable In work flnenced
In whole or In part with Federal funds Vill
sooty to such work. The •Roqulred Contract
Provisions, . Federal -Aid Construction
Cantraets.• Fnnw F11MA 1273, are Included in
this Section 6. 16enever In sold required
contract provisions : fefravees we cede Ito
'STN contracting o"Icor•,, -SIIA- resident
engineer -, or •authorised reproseet%tive of the
S1M -, .such references spell be construed to
won •Engineer* as defined to Section t -t.18
of t1we Standard Specifications.
6-1.02 R#OVAim OF IREYIOUS Cav-
TRACT. -4a addition to the - provisions In
Section 11. - /(adiscriwtaattaa,• and . Section
Its I, -Subletting or Assigning the Contract,- Of
the required Contract provisions. the
Contractor shat( Ooap(y with tM following: `
. The bidder wall exewta "o.CERTIFICA-
TION WITH RSMM 0 TO 711E OF
PREVIOUS. CMMAM OR SI MMIRACTS SU JWr
TO THE EQUAL _OPPGRTutITY . CAME A10 THE
FILING OF_PSWIRED,REIMT$._locstod In the
propose(. fb regoast for wbfettiog or
assigaleg any portion of tae Contract In
excess of 510.000 will bo .considered under
the orov(sloss --of -Section III of the
requlred'=contrict provisions unliss such
request is e000wpanlad by tM CERTIFICATION
referred To above, executed by the proposed
suboonMactor.
6-1.03 W* C0=ION PROVISION. The
Provisions In thls section are aoollcobfe to
sl.l contracts except contracts for Federal Aid
Secondary projects.
Title 23. United States Code. Section M.
requires as a Condition precedent to approval
by me Federal Nfgnway Administrator of. the
Contract for this vork that even bidder file a
Sworn state t arc ted by, ar• w behalf of.
R.v(s.d
FR-1
the parsono flew, assocW104, of.- Corporation
-to wflgw such Contract Is to be awarded. Certi-
fying that suds parson, firm, association, or
corporation has not, *(Thar directly or Ind(-
racily, entered into any agreement, partici-
pated In arty collusion, or otharwise.taken any
action In restraint of free cowpetltive bid-
ding In toanacrlon wl" Ina submitted bid. A
foam to make the non- collusian affidavit stair
aunt required by Section 112 as a certification.
under penalty of perjury rather than as-s sworn
statement, as parented by 28, t1SC. Sac. 1746,
Is included In the proposal.
6-1.04 PARTICIPATION 8Y II4NORITY OUSINESS
ENTERPRISES IN SIBOONiRACTiNG. --part 23,
Title 49, Coda of Federal Regulations applies
to this Federal -ald project. Perttaent Sec-
tions of said Coda w Incorporated In part or
In Its entirety wf"(n other sections of The"
special provisions.
I§ffffffffffffff
Schedule 8-- Inforsetlon for oariralaiag Joint
yentlw Ellgiblllty
(This fora need not be' filled to if all
Joint venture firs$ are of"Wify oaai )
1. IN of Joint venture
2. Address of Joint venture
3. Phone numbr of Joint venture
4. Identify "a flews which comprise me
Joint venture. -(The MN partner Must Caeplere
Schedule A.) .
(a) Oesw1be the .role of the MBE flew in
the Joint venture.
(b) Oesc'ibo very briefly the exiwieace
and business qualifications of each non-4BE
Joint venturer: _ _ --
S. "re.-of the Joint_ verttur.Ars business
6. - Provlda a copy of tea Joint venture
agreement. _
7:.1aet Is the claimed peroentage of WE
ownership?' ... .
G. Ownership of Jal". venture: (This need
not be filled In If described in the' Joint
venture agreement, provided -by Question 6.).
(a) Profit and loss. sharing.
(b) Capital 'contributions, . Including
equipment. ' ._ I.
(c) Other applicable ownacstilp later -
asts.
9. Control of and participation In this
contract. . Ideatify by name. race, sex, and
'firm- those Individuals (and their titles) who
are tespoaslbie for day-to-day management and
polity ' decislonmaking, including, but not
limited to,' those with prima responsibility
for:
(a) FlnancW - decisions
(b) Management decisions, such as:
(1) Estimating
the terms and operation of our Joint .m1Lra
and. the Intended participation by each Joint
venturer In the' undortakiny. Further. the
undersigned covenani and agree.to provide to
grantee current. complete and accurate
In far am.tion r*garding actual Joint venture
work and the payment therefor -and any pro-
posed changes in -any of the Joint •venture
arrangements and to permlt the audit - and
examination'of the books, records and flies of
the Joint venture, or those of each Joint
venturer relevant to tM Joint venture, by
auttar•IZed representatives of the grantee err
the federal funding agency. Any material
misrepresentation will be grounds for
terminating any contract which` may be awerdad
and for initiating action under federal or
State Im concerning false statemmats.-
............... ...............................
Home of Firm Hams of Firm
.
............................................
Signature Signature
............... ...............................
............... ...............................
Title Title '
.............................................
Date .. Oats
(2) Marketing and sales
(S) Hiring and firing of 'management:.. Date -
personnel _---- -_ - - -- _ State of. '. .
. (t) Purchasing of major items or. County of
supplies ... .
(c) Supervision of field operations
Hate. —If, after filing this Schedule 6 and
before the - eampletlon of the • Jolat . venture+s
work' on the .contract Covered ' dry this C"u I a-
tlon, then. Is ;any slgnlflcent change to the
Information submitted, the Joint venture east
Jnform.tho.grartha, either directly or tf tough
the prime contractor If the Jolat venture Is a
subcontractor. .
Affidavit
-The undersigned :veer that tM foregoing
statements ore correct and Include all material
Information necessary to Identify and ewolaln
R.vls.d 5 -21-98
FR -2
An this day of 19
before me appeared '(Namm) ,
to ere .personally-known, who, -being duly sworn,.
-did execute the foregoing affidavit,-and Aid
stata.that he or aM was properly authorised by
(Hama of firm) - to
execute tIN affidavit and did so as his or her
free Oct and deed..
Notary Public
Commission expires
ISeall
Oster
State of
County of
On this _day of , 19 execut* the affldedt and did so es his or
befog-* w spored (qaa *1 her free act and deed.
to er peg-sonal ly known, wixl, being duly sworn, Notary Pub( I
did ::*.going affldevll, m9 ::d Commission expire
state tnar he or she was properly authorized ' 150411
by (!Mr of firw)
E
w.lsed s -21-ae Fa -s
t!(
r
SBCTION 6-1.05 REQUtM .COMIRACT PPoOVISIOMS
FEDERAL -AID CONSTRIM(M CONTRACTS
(Exc:.0 ;ve of Appalachian Contracts)
Page
1. General ...........................FR -t
I1. Nondiscrimination .................FR -4
111. Nonsegregated Facilities .........:FR -6
IV. Payment of Predetermined Mlnlaus
Wage .... . ......................... FR -7
V. Statements and Payrolls ...........FR -11
V1. Record of Materials, Suppl lei,
and Labor .........................FR -t2
V11. Subletting or Assigning the .
Contract ......................... FR -12
VIII. Safety: Accident Prevention .......FR -13
IX. false Statements Concerning Highway
Projects ............ : ............ FR -13
X. Implementation of Clean Air Act and
Federal Water Poi Iutlan Control
Act ..... ..........................FR -if
1. GENERAL
1. These contract provisions shall apply to _
all work performed on t contract by tan!
The
contractor's own organization and with the
assistance of workers under the contractor's
imaadlate superintendence and to all work
performed on the contract by pleeevork, station
work, or by subcontract..
2. Except as otherwise provided for In each
section, the contractor shall Insert In each
subcontract all of the stipulations contained
In these Required Contract Provisions, and
further require their Inclusion In any lover
tier subcontract or purchase order that may In
turn W and*. The Required Contract Provisions
shall not be Incorporated by reference In any
case. The prime contractor $nell be respon-
sible for compliance by any subcontractor or
lover tier subcontractor with these Required
Contract Provisions.
3. A breach of any of the stipulations
contained In these Required Contract
Provlsloas shall be sufficient grounds for
teralnatlon of the contract.
<. A breach of the following clauses of the
Required Contract Provlsloos any also be
grounds for debarment as provided in 29 CFR
5.12:
Revised 5-21 -04
Form FMWA 1273
(R... 10-87)
FR-
Section I, paragraph 2;
Section IV, paragraphs 1. 2, 3. t, and 7;
Section V. paragraphs 1 and 2s through 4.
3. Oisputes arising out of the labor
standards provisions of Section IV (except
paragraph 3) and Section V (except paragraph 3)
of these Required Contract Provisions shall not
be subject to the general disputes clause of
this contract. Such disputes shall be resolved
In accordance with the procedures of the U.S.
Department of Labor (OOL) as set forth to .29
CM Parts S. 6, and 7. Disputes within the
smaning of this clause Include disputes between
the contractor (or any of Its subcontractors)
and the contracting agency. the OOL. or the
contractor's emptoyees or their representa-
t i ves.
6. Qwtlflutlon of Eligibility: By-
entering into this contract, the contractor
certifies as follows:
a. Neither the contractor nor any person or
firm who has an Interest In the contractor's
tins Is Ineligible to be awerdoa Government
contracts by virtu* of Section. 3(a) of. tan
Oavls Bacon Act or 29 CFR
b. No part of this _contract shall be
subcontracted to any Person or firm ineligible
for award of a Government contract by virtu* of
Section 3(a) of the Davis -bacon Act or 29 CFR
c. The penalty for waking false statements
Is prescribed in the U.S. Criminal Code, IS
U.S.C. 1001.
I1. NONDISCRIMINATION
(AppI lcable to Federal -ald construction
contracts and related subcontracts and purchase
orders exceeding 510.000.1
1. Selection of Labor: Wring the perfor-
mance of this contract, the contractor shall
not:
rt
.�
a. discriminate against labor from any other
State, possesslOn, or territory of t"* United
States, or .
b- eea'c; =;;Ict labor for any purpose
wfthfa +"*. limits of the project unless It is
to" -psi lamed by convicts wbo are on parole,
supervised release, or probation. .
2. Employes*? Prect(cess
a. The Equal Golayment Opportunity
Affiroetive Action Hatice set forth In 41 CFR
60-4.2 and t"* Equal rmplayment Opportunity
Construction Contract Speclf(eattons sat taritk
In 41'CfR 601.3 are inoo.porsteWby veteran*
In this contract. k
b. Pagvlatlon 41 CFR 60.4.2 repulm goals
and timetables for minority and tfesmle par -
ticlWlon expressed in percentage tat for
the oontrectorts aggregate work force in each
trade on all construction work to the covered
area. The goals for this contract are stated
elsewhere to t"* bidding documents and in the
construction contract.
c. Regulation 41 CFR 60-4.3 provides
specific afflrmetive action standards t"*
contractor shall tnplamart to ensure equal��
emplayment opportunity In achieving the -
Ialwity' and femata WtfciW.I<a goals set
forth to pe agrapn 2b of this Section.
3e Equal OppWfoilty Clause: Ouring the
.performance of this contract, the contractor
agrees as follows:
a. ,The contractor will' not discriminate
against any employee or applicant for employ -
eeat because of race, color, rellglon,.sm. or
national origin. The contractor will take
affirmative action to ensure that applicants
are employed and that employees are treated
duct employment ng e wlthoat regard ce
to their roes,
Color, religion, sex, or national origin. Such
action shall Include, but,not be limited to,
the following: employment, upgrading, deaot(on
or h anster; recruitment or recruitment ed-
4orrfaing; layoffs or terainatlon; rates of pay
or other forms of compensation; end. selection
for framing, includfng apprenticeship. The
contractor agrees to post In conspicuous
places, available to employees and applicants
R.vls.d 5 -21-88
iii -S
0
for employment, "tics to be provided by the
State. highway - agency (SM) setting forth the
provisions of this nondiscrimination- cteuse.
. b. The contractor'wlll, in all soticitatlonf
or advertisements for eaployeee placed by or an
behalf at the contractor, state that alt Quell -
fled applicants will recelve'consfderatlon for
employment without regard to race, color,
religion, sax, or national origin.
c. The contractor will sand to each labor
union or representative of workers with which
t"* contractor has a collective bargaining
agreement oc other contract or understanding a
notice to be provided by the SIN advising the
sold labor union or workerst representative of
the aontractarta coma(tments under this Section
11, paragraph 3.
d. The contractor will comply with all
provisions of- Executive Order 11246, Equal
Employment Opportunity. doted September 24,
1965, and of t"* rules, regulations (41 CFR
Part 60)r and relevant orders of the Secretary
of labor.
Is. Th4 contractor will furnish all
Information and reports required by Executive
Order 11246 and by rules, regulations, and
orders of. "a Secretory of Labor, pursuant
Thereto; and will Wait access to its books,
records. and accounts by The Federal Highway
AdminTstratfon (FHMAI and !fN Secretary of
Labor for purposes of- investigation to as-
cm 1In compliance with such rules. regula-
tions, and orders.
f. In the event of the contractor's-non-
compliance with the nondiscrimination clauses
.of this Section 11. paragraph 3. or with any of
t"* said rules, regulations, ar ',orders, this
contrsct may be canceled, terminated, or sus -
panded In whole or In part. The contractor any
be declared Ineligible for further Government
contracts or federally - assisted construction
contracts in accordance with procedures autho-
rized In Fxatutive Order 11246 and such other
sanctions as may be Imposed and remedies
Invoked as provided In Executive Order 11246 or
by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
g. The contractor will include me prov(-
Mons of this Sictlon 11, paragraph 3. In every
subcontract or purchase order so that such
•
provisions 'will 'be` binding upon each sub -
contractor or vendor, ualess exempted by rules,
regulations, or .orders of the Secretary of _
Labor- Issued pursuant to Section 204 of _
Eioocotive Order' 11346. The contractor will
take such action with respect to any sub-
contract or purchase order as the SIN or the
FHWA any direct as G means of enforcing such
provisions,' Including sanctions for non-
compliance. In the ceoat a contractor bae.1
a party to .litigation by a subcontractor or
vendor as a result of such direction; tM
contractor may request the ' SHA to enter Idto - -.
such litigation to protect the interest of the.
State. In addition, the contractor-may request
ttue United States to.enter Into such litigation
to protect the Interests of the United States.
4. Zelectlos of Subcontractors, procure-
meal of Wtadleis. and teasing of Equipment:
a. The contractor shall not discriminate an
the grounds of race, color,-sex. or national-
origin in thi selectloa and retention of sub-
contractors, Including procurement of materials
act lessee of equlpam is In all -iollcitationi
made by 1M contractor - each potential sub=
contractor a- supplier shall be ootlfled by the
contractor 'of -the coritrecinr's obligations
under this contract relatlye to nondisarliat-
notion an the grounds of race, color,. saw, or_.
national origin.
b. In The event of . the, contractor's non-
. compllanp with -the nondiscrimination provl-
slons of this Section 11, paragraph 4, this
contract may be subject-to sanctions Including
but not limited to the withholding of payments
to the Contractor under the contract until the
contractor compiles act /or cancellation, terml-
natlon, or suspension of the contract In whole
. or In part.
t. The contractor shall Include the provl-
slons of "is paragraph 4 In every subcontract,
Including procurement of materials and leases
of equipment. The contractor shall take such
action with respect to any subcontractor or
procurement as the SIN or the FHMA may direct
as a means of enforcing such provisions, in-
cluding sanctions for noncompliance. In the
event a contractor becomes Involved In, or Is
Threatened with, Iltlgatlon by a subconrractw
or supplier as a result of such direction. the
contractor any request the SIN to enter Into
such litigation to protect the Interests of the
State. In o44It!C:, th4 wn:rociar my rmqueet
the United States to enter Into such litigation
to protect the Interests of the United States.
S. General Participation Requirements:
a. Policy: It Is the policy of. the WT that
disadvantaged business enterprises (OBE's); as
. defined In 49 CFR Part 23, shall have equal
opportunity to participate in the performance
of contracts financed In alale or.In Part with
Federal funds. Consequently, tM requirements
of 49 CFR Part 23 apply to this contract.
.b. Obligation: TM contractor agrees to take
all necessary steps to ensure that eligible
businesses, as defined In 49 CFR Part 23, have
equal opportunity to compete for and perform
subcontracts financed In whole or In part with
Federal funds provided under -this contract.
c. The contractor's failure to awry out the
.: , requirements of paragraphs So 'and :,% of this
Section it shall. constitute a. broach of con-
tract and may result In terminatlon of the
. contract or other approprlato action.
d. The contractor shot l. provide all infaram-
tlon and reports required by 49 CFR Part 23 or
directives Issued pursuant thereto, and shall
permit access to Its books; records. - accounts.
other sources of Information and Its facilities
as any be determined by the SHA or tM FHMA to
be pertinent to ascertain compliance with the
regulations cc directives.
R..Isod 3-21-80 FR-6
111. NMGEGREGATED FACILITIES
. (Applicable to Federal -old construction
contracts and related subcontracts exceeding
$10,000.)
a. By submission of this bid, tM exeautson
of this contract or subcontract, or the con-
summation of this material supply agreement or
purchase order, as appropriate, the bidder,
Federal -ald construction contractor, subcon-
tractor, material supplier, or vendor, as
appropriate, certlfles that the firm does not
malntalei or provide far Its employees any
segregated facilities at any of its establish -
mants, and that "a fire does not p"it Its
60090yees to perform their services at any
loCatlon, under Its Control, where sedredate.r
fiac114tt" are maintained.. .The firm agrees.
the? a breach of this Certification Is a v(048-
4I&a of" the Gavel Opportunity Clause In this
contract. The firm further Certifies that no
owgioyee will be denied access to adequate
faelliTlas on the basis of a".
y. As used to this certification. •the tem
OMP4veted faeilitloew weans any waiting
rooms. work are". .*a! and ashrooms,'
rawtauranta and ether voting area, tim::clocks.
locker rooms, and other storage or dressing
areas. -perking lots, 'drinking : fountains'.
recreation or a forftinmett area, transpor-
tatton, and housing facilities provided for
_veploy.es `which are segregated by explicit
directive, 'or are, to fact, segregated on the
hosts of rave, color, religion, or national
aP1214, because of habit, local custom, or
otherwise.
c.. The contractor agrees that it has
obtained or will obtala.tdeatial arttftation
f�. proposed subcontractors or Wrorlal
aual lers, , Ortor to sword of 'atboontracft or.'
CiLgnluwntloa of material $Wly agreemeam
exceedlig.S10,00o sod that it will retain such
certifications to Its flies.
IV. PAViOM OF PAEOETEMIUM M(M40A RACE
(Applicable to Ferlereiv*id contra loa
contracts and related subcontracts exceeding
$4000.)
1. 0emerel:
a. All mechanics and laborers employed or
working upon the oife of the wai wi I i be aid
unconditionally and not less often than once a
reek and without subsequent deduction or robot4
on any account (except such payroll deductions
as are pow II e0 by regulations Issued by the
Secretary of labor ender the Copeland Act (29
CFR Part 3)1 the full amounts of wages and bona
fide fringe benefits (or ash equivalents
thereof) due at time of payment. The payment
shall be computed at wage rates not less then
Nova contained In the wage deterw(natlon of
R.vis.d 3-21-48
r9im
the Secretary of tabor (hereinafter ethe rage
det"Inatlone) .etch Is attached hereto and
wade a part hereof* regards "s of any ,confrac,
which mau." ti tZ
between the contractor or- Ito subcartrectors
and such laborers and mechanics. -The. wage
determination (including any eddltlonal Classi-
fications and .age rat" conformed under pers-
graph 2 of this Section IV and the 001. poster
(tat- 1321) or Fora FMM -1493) shell be posted at
all times by the contractor and its subcon-
tractors at the sits of the work In a prominent
and acc"stbte place where It tan be easily
seen by the workers. For the purpose of this
Section, contributions wade or Costs reasonably
anticipated for bona fide fringe benefits under
Section 4(b)(2) of the .Davis -Bacon Act (40
B.S.C. 27641 on behalf of laborers war mechanics
era considered wag" aid to such laborers or
mechanics, subject to the provisions of Section
IV, paragraph 3b, hereof. Also, for the pur-
pose of this Section, rapier Contributions
wade or.aosts Incurred 'for wore than s weekly
period (but. not (ass often than quarterly)
under plans, funds, or programs, which Cover
the particular weakly pried, are doused to bus
constructively made or -4ocu v-ad during each
weekly 'period. Such laborers and mechanics
shail,be aid aopropriatt- wega so! -and fringe
benefits an the wage determination for the
classification of.-work satuallY Performed,
without regard to skill, except as provided in
paragraphs 4 and 3 of this Section IV.
b. laborers or aacnaala partpmtgg work in.
more than am cl &"A f (cation away be cv8pensated
at the'# a specified for each clasulflcetlOn
for the floe actually worked taerela, provided.
that the eoployerxs payroll records accurately
sat fm H. the ties spent In mach classification
in which work is performed.
c. All ruling* and Interprafat'ans Of the
0evis -Bacon and Related Act* Contained la 29
CFR Parts 1. 3. and 5 are herein Incorporated
by reference In this contract.
2. Ciasslflcatlons
a. The SMA contracting officer shell. require
that any class of laborers or mechanics
employed under the contract. which Is not
c:
0
. listed in the c ga determination, shall be
classified I:i conformance with the wage
determination.
b: The contl�.=�eting offices rhrl! =;Ira:: u..
aGAitional'clwsalfication. wage rate end triage
benefits therefor only when the following
criteria beve been met:
�J
tlon. Said Administrator, or "an authorized
-
representative, will Issue a determination
within 30 days of receipt and so advise the
contracting vlf!, -w oc . ul ;i nofi ty. the ;con-
tracting officer within the 30-day period that
additional time is necessary. - -
e. The'wage rate (Including fringe benefits
where a let*) det i ad t to ro-
I' -- fl" fringo benefits, bears a reasonable
relationship to the wage rates contained in .the
'wage determination.. Z. .
C. If tbe contraetor:or: subcontractors, is
appropriate. "W laborers; and ,sachaoics•.Alf,.
-,- known) to be am- toyed la- the additional.
olass Iflcatlon .or.- .their, represeotatives,_smsd
the eoaitracting officer egree-on tbe 'classi -.._
tication and 'woo rate' - (Including the amount
designated for- frtnge,•benefitf wham appro-
prlato)j-4 report of The -action taken shall be
sent by tho 'coatractlag officer to tM B.S.
Department of'Lebor. Administrator, of the Mega
and :_Hour Of visions - .6oloyment .'. standards
Administretton,.Washington, O.C. 20210.. _The
We" and four Administrator, or an authorized .
representative, •wi.1I:.approve, modify, or - dts
approve every additional classification action
within 30 days -of receipt and so advise tbe
contracting officer or ..will notify tbe
contracting officer vltkla the 30-day period
that addltlonal.time Is necessary.
d.. In the event the contractor or sub,
tractors. as Wropriate, . the laborers or
mechanics to. be .employed In the additional
classificatioo or their representatives. -and
the contracting officer do not agree on tM
proposed classification and wage rate
- (Including the amount designated for fringe
benefits, where appropriate), the contracting
officer shall rotor tM questions, Including
the views of all Interested parties and the
recommendaflon of the contracting officer, to
the wage and Hour Administrator for detrmloa-
In:. the ..contract for a .cless of laborers or
mechanics Includes a fringe bemefIt .Mich is
not expressed as anihourlr.rato. the contractor
_or subcontractors, as appropriate, shall either
pay the beaefIt as stated in the wage dater -
minatton or shall pay an~ --bone •fide - fringe
.tenet Itar �an hourly cash equlvelent thereof.
•. .b. ,If, tM contractor . or subcontractor, as
.-appropriate, ..does not. mak4V payments. to ,a
trustee or.other third person",, he/she -may can-
... ,,.. ._-
-_:._slder_as part of the wages of any ,laborer or
mechanic "a: amount of any costs reasonably
anticipated to providing bons fide fringe
benefits under a plan or program. provided,
that the Secretary of labor has found, upon the
written .request of The contractor, that. tbe
applicable standards of the Movls..Baoon Act
have been met. ' The Secretary of- Labor may
require the contractor_ to set aside to a sepa-
rate account assets for The meeting of
-' obligations under the plan or program.
d. Apprentices and Trainees (Progress of
-the U.S. Department of Labor):
.. a. Apprentices:
(1) Apprentices will be permitted to work at
less than the predetermined rate for the work
they performed when they ere employed pursuant
to and Individually registered In a bona tide
apprenticeship program registered with the U.S.
Department of Labor. Employment and Training
Administration, Bureau of Apprenticeship and
Tralolog, or with a State apprenticeship agency
R.vIsW }21 +; FR-8
I I- ero a pursuan . pa
(1) the work
to be performed by
the
graph 2c or 2d of This Section IV shall be paid
additional elaosiflcatlon requested Is
not
to all workers .;performing work ,.In the addl-
per•formed by o
classification In tbe
wage
tlonat classification from the first day on
detaralnatlon;
which work. Is performed In the classlf lcatlon.
(2) the additional clesslticetlon
*As
utlIlied in t4a
area by the - ;_construct lion
. 3. PaYmeat- of.- Frlmge 8enettts:.,.,_,,
Industry; and
. .
.. (3) the proposed
wage rata, secluding
any
... a. Mhen*ver.the alnlmus wage rate' prescribed
I' -- fl" fringo benefits, bears a reasonable
relationship to the wage rates contained in .the
'wage determination.. Z. .
C. If tbe contraetor:or: subcontractors, is
appropriate. "W laborers; and ,sachaoics•.Alf,.
-,- known) to be am- toyed la- the additional.
olass Iflcatlon .or.- .their, represeotatives,_smsd
the eoaitracting officer egree-on tbe 'classi -.._
tication and 'woo rate' - (Including the amount
designated for- frtnge,•benefitf wham appro-
prlato)j-4 report of The -action taken shall be
sent by tho 'coatractlag officer to tM B.S.
Department of'Lebor. Administrator, of the Mega
and :_Hour Of visions - .6oloyment .'. standards
Administretton,.Washington, O.C. 20210.. _The
We" and four Administrator, or an authorized .
representative, •wi.1I:.approve, modify, or - dts
approve every additional classification action
within 30 days -of receipt and so advise tbe
contracting officer or ..will notify tbe
contracting officer vltkla the 30-day period
that addltlonal.time Is necessary.
d.. In the event the contractor or sub,
tractors. as Wropriate, . the laborers or
mechanics to. be .employed In the additional
classificatioo or their representatives. -and
the contracting officer do not agree on tM
proposed classification and wage rate
- (Including the amount designated for fringe
benefits, where appropriate), the contracting
officer shall rotor tM questions, Including
the views of all Interested parties and the
recommendaflon of the contracting officer, to
the wage and Hour Administrator for detrmloa-
In:. the ..contract for a .cless of laborers or
mechanics Includes a fringe bemefIt .Mich is
not expressed as anihourlr.rato. the contractor
_or subcontractors, as appropriate, shall either
pay the beaefIt as stated in the wage dater -
minatton or shall pay an~ --bone •fide - fringe
.tenet Itar �an hourly cash equlvelent thereof.
•. .b. ,If, tM contractor . or subcontractor, as
.-appropriate, ..does not. mak4V payments. to ,a
trustee or.other third person",, he/she -may can-
... ,,.. ._-
-_:._slder_as part of the wages of any ,laborer or
mechanic "a: amount of any costs reasonably
anticipated to providing bons fide fringe
benefits under a plan or program. provided,
that the Secretary of labor has found, upon the
written .request of The contractor, that. tbe
applicable standards of the Movls..Baoon Act
have been met. ' The Secretary of- Labor may
require the contractor_ to set aside to a sepa-
rate account assets for The meeting of
-' obligations under the plan or program.
d. Apprentices and Trainees (Progress of
-the U.S. Department of Labor):
.. a. Apprentices:
(1) Apprentices will be permitted to work at
less than the predetermined rate for the work
they performed when they ere employed pursuant
to and Individually registered In a bona tide
apprenticeship program registered with the U.S.
Department of Labor. Employment and Training
Administration, Bureau of Apprenticeship and
Tralolog, or with a State apprenticeship agency
R.vIsW }21 +; FR-8
0
reoogn 1 zed by the Bureau, or If s person Is
eaptoyed In his/her first 90 days of probation-
ary employment as an apprentice in such an .
apprenticeship Cno. w '.3 io? 1414 i vidus I I y
registered In the program, but who has be" •
certified by The Surow of Apprenticeship and
Trafa(ng or a States *ppreeticeenlp agency
agency (wwre appropriate) to be eligible for
probatlonay employment as an oweattce.
- M. The allowable ratio of eppreetices to
journeymen level employ an the job site In .
any craft cle"Iflcatioh shall tat be greeter
then The ratio permitted to The contractor as
to the entire %W feorOe under the registered
program. Amy employee listed ate a payroll'.at
an apprentice wage rate, who is eat registered
or otherwise employed as stated o", shall be-
paid hot leas than the o"llcellle wage rate
listed .10 the 60" determination for the
classificetion of work actually performed. (a
addition, any apprentice pen•tag fog wtx'k on the
job site in excess of tha halo permitted wrier
the iog(stored program -shell be paid not less
than the appltdble %age rah on the wage
detwwI*4iHoa for the work actually performed.
More a contractor or wAwntraetor is ow- tom w
lag *instruction an a project to a locality"
other lien thel in which Its IN agi Is raglsv•
tared, the ratios and wage ..I (expressed to
..percentages of `the journeymen+leal hourly
rah) specified In the ' contractorrs , or
subcortMct*rrs registered. :program shall be
observed. ..
(3) Every aoiwontice must be paid at not
less Than 'Ihetrste specified in the registered
program for tam apprentice's level of progress,
expressed as a percentage of The journoymn-
level hourly re! .speeltled in The applicable
wage determination. Apprentices shall be paid
fringe bmletits to accordance with the provi-
sions of "R apprenticeship program. It the
oppreatlpahio program does eat specify fringe
benefih..epprent(ces must be paid the full
*Yount of fringe benefits listed on the wage
deteralnarion far the applicable clesstf(ca-
Tlon. It the Administrator for The wage and
Hour Oivlslan determines that a different
practice prevails for The aopllcaole apprentice.
classification, fringes snail be paid in
accordance with that.detern(hation.
R..is.d 5-21-98
FA -9
0
(e) In the event the Bureau of Approat(Cw
ship and Training, or e- -State apprenticeship
agency rawgnizod by the Bureau:. withdraws .
eM�Oa: a. an mWootice%hip -program. the
contractor or subcontractor w i t '1 no longer be
permitted to utilize apprentices at lees Than
Me eopilcabfe predetesrmined rat* for the
fable work performed by regular_employeas
until an acceptable program Is approved.
b. Tralneeet
(17 ExoW as provided in 29 -CFR 3.16,
tra(aees will not be permitted to work at .(ass'
than the predetwalaod na- tar TM nark per-
formed unless they are employed pursuant to and
Individually registered to a program which Ms
received prior approval, evidenced by formal
certification .by The U.S. i)apartmont of tabor,
Employment and Training Administration.
(2) The ratio of trainees do journeyman -
towel employees on the job site stall hot be
greater 'then permitted under the plan a09roved
by the Employment and Training Mathis 14110h.
Any employee listed on The payroll at a Troth"
rate who is not registered and participating In
a "thing Olen approved by the Employment and
Training Administration shall b* paid mot to"
than thin applicable wage rate on the wage
determination for the classification of work
actually pert* mad.r la addition, wy,trelna*
performing work on the job alto to amass of
The ratio permitted under the :.registered
program shall be paid hot less than The -4901-
,cable wage rate on the wage determination for
TM work actually performed.
(3) Every trainee most be paid or act fees
than the rate specltled to 2nd approved Program
for his/her level of progress, expressed as 'a•
percentage of the Journeyman -level hourly rate
specified In the applitabl• WdQ* 404MIh41`1011-
Trainees shall be paid fringe :benefits 10
aeeordence with the provislans of - The tralae*
program. If The Trainee program does not
mention fringe benefits. trainees shalt to paid
the full amount of triage benefits tilted on
th,i wage determination unless the Ado( "lstrafar
of the Wage an4 lour Oivlston determines That
Mere Is an aOprenticeantp program associated
with the corresoondlag journ*vran -love( cage
rate on'the wage determlnatloa white provides
R'
r
determination which provides for-less.,than full
fringe benefits for apprentices, to which. case...
such traloeas' shelf receive the. sewn f.clago
benef 1 is m< �.•:.t:.:L:.. .... .. .... .
(4) In the event'the Employment and Training
Administration withdraws approval of a training .
program, the contractor or subcontractor will
no longer be permitted to utilize''tralnees at
less than "a applicable predeferulned rate for
the work performed until an acceptable program
Is approval.
e. Equal Employewst Opportualtyt
The utilization of apprentices;. trainees,
and Journeymen -Iovei employees tshall be In
conformity with the equal avloymant .oppor-
tunity requfremeats of Executive Order 112460
23 CFR 230A, and 29 CFR Part 30. .
S. Appreatloes sad Teethe" (Programs of
the U.S. Department of Traospa lom):
Apprentices .and' trol9$" ' working under ...
apprenticeship and ' skill �Iraihtay programs
which love 'be" certlfted by the Secretary of- _
Transportation as promotlho equal agloywent .
opportunity In connection with Federal -ofd
highway construction programs are not subject
to the requirements of paragraph 4. of this
,Section IV. The 'at. Ight 'flea h6urly 'wage
.Including - .eppranr�eas.- tratn�as._. and -- hoipers, .
employed by "a contractor_ or. any subcontractor
the full amount of .wages_ required, by ,-the. cod
ir"; , in the event of fdi Jura , •to - pay : any _
laborer or_ archanic,' including. , any apprentice,
train**, or helper, emp(oyed or working on the
site of the work, all or. part. of the wag"
required by the contract, the Sf1A contracting
officer may, after writtm.notiu to ..the con-
tractor, take such action as my be aecessary
to cause the suspension of any: further payment.
advance, or guarantee of funds ' until such
violations have Conseil.
7. Overflew Requlremen". -.
No Contractor or subcontractor ooatrecting
for pay part of '"t Contract work which way
require or Involve the'employeant of laborers,
aechaelcs, watchm"'i -or guards (Including
appr"tices and trainees describid la para-
graphs 4 and 3 above) shall raqutre or permit
any laborer, 'mechanic, watchman, or guard In
any workweek An which Wshe `Is employed on
such vtork;''tn 'work to axoess of 40 lours in.
-such. workweek..unlass such laborer, mechanic, .
Watchman. or guard recelves'cowpeasation at a -
rate not -(mss -then ooe-ond-one -Mt f -times
his/her b'"'Wrate of.pay for all hours worked
In exeess`of 40'Iaurs in such workweek.
rates for apprentices and trainees under such
Program will be established by the'particulac
Programs. The ratio of apprentices and
trainees to journoya n shall not be greater'
than permitted by the Ives of the particular.
Program.
6. Withholding:
TM SNA-ahali upon Its awn action or upon
written request of 'an authorizad representative
of Ina OX withhold. or cause to be withhold,
from tM contractor or subcoatractor under this
contract or any other Federal contract with the
sans prime contractor; or any other federally-
assisted contract subject to Oavis -0ecoa pre -
"fling wage requirements which Is hold by the
same prime contractor, as nuch of the accrued
payments or advances as may be considered
necessary to pay laborers and mechanics,
R.vl sad 3 -21-98
FR -10
a. Violation: -
. •� ... ,._ - i
Llablllty -for - thlpold Wages; Ltquitoted
.Damages: -in the event of any violation of the
clause sat ' forfh -to paragraph .7 above, "a
contractor and "y subcontractor- responsible
thorefar `shell be liable -to -the affected
employee for his/her "paid wages: I'm addition,
such controctor...:end .subcontractor shelf be
Itable -to the United .States (In the. rasa of
work done under contract .sfor'the. District of
Columbia or 'a territory, to such District or to
such territory) for - liquidated damages. Such
liquidated damages shall be computed with
respect to each Individual :laborer„ mechanic,
watchman, or guard employed In violation of the
clause set forth An paragraph 7, in Me sum of
$10 for each calendar day on which such
employee was required or permitted to work In
.«toss of the standard workweek of 40 hours
0
without payment of tit ov+rtlme Wages required
by the clause Sot lorthh In paragraph 7.
°."• withholding for IInNhS - Yoga: meted_
Liquidated Oemegest
The SIN shall vpan its awl action or upon
written request of any authorlzW reprusents-
tive of tit OOL withhold, or cause to be
withheld, from may Mont" payable an a000unt of
raft pwl* by the contractor or subaon-
treefof under any such contract or any otlhe,r
Federal contract with .fit seem pries -con-
tractor, or. any ' other federally- assisted
contract subject ft the Contract work (burs ON
Safety Standards Act, which Is hold . by the so"
pries contractor, such sea as my be deter -
mined to be necessary to Satisfy any llabill-
tt" of such contractor or subcontractor for
unaid wages and liquidated dam" as provided
In the clause sat forth In paragraph E above.
V. STAT94t31r5 AM PAIROLLS
(Applicoto to .Fedisrel -Std construction
contracts and related subcontracts 00080:11M.
$2,000.1
1. Compliance with Copeland 1legulations (29
CFR Part 3):
The contractor shall :comply with the
Ca"tand Regulatlons of fit Secretary of labor
which are, herein incerporeted�by reference.
2. Payrolls and Psyrell Isom a;
'a. Payrolls and- basic -*cords relating
thereto Shelf be Maintained by the contractor
and each subcontractor durhn tit course of tit
work and preserved for a period of 3 veers from
The date of compietion of the contract for all
laborers, mechanics, apprentices. trot"".
watchman. and guards working at the site, of the
work.
b. The payroll to= s shall contain the
name, social security number, and address of
each such employe, his or her correct
classification, hourly rates of Wages paid
(Including rates of contributions or costs
Rev(s.d 5 -21-88
antleipated far bona fide fringe benefits or
cash equivalents thereof of the types dascrlbad
in Section I(b)(2)(8) of 'Me tlavts-eacon Aet1.
dal I and weekly number of hours worked, deNa.°-
tlons vied* and actual wages aid.. Whenevwr tae
Secretary of Labor, pursuant to Section 617,
paragraph 3b, has fond that the wage: of -day
laborer par Mechanic include "a amount of any
costs reasonably anticipated In providing
benefits under a plea par program described 10
Sectlan 1(b)(2)(8) of the Oavia -8econ Act, the
contractor and each subcontractor shell main-
fain robords which show that the commitment to
provide Such benefits Is enforceable, !fiat the-
plan Or program Is financially resoonalble, and
That the plan or program has been com.au+icsted
In writing to tit laborers or mechanics effect-
ad, and records whits maw tit costs matict -.
Voted or the actual costs Incurred in
providing -such benefits. .Contractors or Sub-
contractors employing apprentices or traloo"
under approved programs shell maintain written
evidence of tit registration of appreaticeship
programs s-a d certification of trained program,
tit registrattda of apprentices and tralneea,
and tit ratios and wage rat" prescribed in the
applicable program.
c. Each contractor and subcontractor Shall
furn(Mh each week In which any contract work Is
performed to the SIN resident enginear a pay-
roll of wages pold each of Its employees
(including moireaticas and train*" described
in Section IV, paragraphs a and Sand watclwn
and guards engaged an work during the preceding
v"kry payroll perlod). The payrolls submitted
shell Set out accurately and completely all of
the Information requlfed to be maintained under
paragraph 2b of this Section V. This tnforma-
t(on may be submitted to any form desired.
Optional Form 111-347 IS available for "Is
purpose and may be purchased from the
Suparintead*nt of Documents (Federal stock
number 029- o03-0014-1), U.S. Government
Printing Office, Washington, O.C. 20402. The
pries contractor Is responsible for "a
submission of copies of payrolls by all
subcontractors.
d. Each payroll submitted shall be aeeaa-
panted by a 'Statement of Coeollonce,' signed
by the contractor or subcontractor or his /her
agent Who pays or supervises the payment of the
fii -1 1
cake
persons.a.ployed.umder the contract and shall
certify the follo log:
f t) that the payroll for the payrol l period
wmtalns the.lnformatlon required to be emin-
_talned.under paragraph 2b of this Section v and
that such information Is oorrect and coop late;
. (2) that.auch laborer or mechanic (Including
each Alper. apprentice, and trainee) employed
on the contract. daring the payroll period has
been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that .
no deductions have been made either 41 set or
Indirectly from-the full Vegas earned. other
then permiss(ble deductions as set. #orth In the
Regulations, 29.CFR Part 3; '
(3) that each laborer or mieAaate has Men
paid not less than the applicable wage rates
end fringe benefits or cash equivalents W the
classlficatlon -ot work performed, as specified
to the` applicable wage determination -'-
Incorporated into the contract.
a. The waakly.submiss(oo of a property mce
cuted oert(ftcation. sat forth an .the fevers*
side of.Opttonel Form MH-347 shalt satisfy the.
requirement for submission of the OStatwnf of—
Compliance" require by paragraph 2d of this
Section V.
f.. The falslftcatton -of any of the above
certifications may subject the contractor to
civil Cr Criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of
the United States Code.
g.. The contractor or subcontractor shall
make the records required under paragraph 2b of
this Section Y available for Inspection, copy -
Ing, or transcription by authorized represonta-
tives of The SHA. the FNMA, or the OOt, and _
shall permit such representatives to latervieme
employees during working hours on the Job. If.
the Contractor or subcontractor falls to submit
the required records or to make then available,
the SRA, the FHWA. OOI, or all may. ,after -
Wr(tten notice to in* contractor, sponsor,
applicant, or ovmme, take 'such actions as may
be necessary to cause the suspension of .any
further payment, advance, or guarantee of
funds. Furthermore, failure to submit fhe
required records upon request cr to make such
records available my be grounds for debarment
acYlon pursuant tier 29 CFR 3.(2.
Revised 3 -21-88
FR -12
fIffffffSifff5SS
yl. ISO= OF MATERIALS. WIPIIES, AND LABOR
1. On all Federal -ald primary,. urban, and
laterstato Syst*m contracts. except- those which
provlde solely for the Installation of protec-
tive devices at railroad grade aroeSlngs, those
which w Constructed an a torar account or
direct labor basis, highway ,beautification
contracts, and Contracts for which Me local
final Construction cost fur roadway and bridge
Is less than S 1,000,000 (23 CFR [Part 635) the
Contractor shell:
a. Become familiar with the list of specific
materials end supplies contained In Fora
~-47, - "Statement of Materials and labor Used
by Contractor of Highway Construction Involving
Fedecai Funds." prior to the- commencement of
work under "is contract.
b. Haintaln a record of the 'total cost of
all materials and supplies purchased for and
Incorporated In the work, and also of the
Quantities of. those specific materials and
supplies listed on Faro FHNA -fa„ and In the
units shown an Form FHMA -47:
c: Furnish, upon the completion of the
contract, to the SI4A resident engineer on Form
FHWA -47 together with the data required In
paragraph Ib rilat(w to materials and sup-
plies, a final -= .labor suasary- of all contract
work Indicating the total lours worked and The
total amount earned. .
2. At the prime contractorts option, either
a single .report Covering all contract work or
separate reports for the contractor and lot-
each subcontract shall be submitted.
Till. SLGLETTOG OR ASS(GI(($ G THE r 0KM4Cr
1. The contractor shall perform with Its own
organization contract work amounting to not
less than 30 percent (or a greater percentage
It specified elsevhere In the contract) of the
total original Contract price, excluding any
specialty Items designated by the State.
Speclalty Items may be partormed by subcontract
and the amount of any suctr specialty Items so
0
performed way be deducted from the total
original contract Price before ooepuflag the
amount of work reoulred to be performed by the
Contractor's own organlzarim (23 CFR Pat-
635)., -.
a. alts own Crganlzationw shall be Construed
to Include only workers employed and Paid
directly by, the prime contractor and equipment
owned or ranted by the prime coatrectar,.with
or without operators. Such faro dam! not In-
elude .employees or o"lpmaat of a subeon-
trachor, assignee. or -agent of the prime
contractor. -
b. wSpeetelty Rasa shall be osnstrud to
be Melted to work that requires highly
speelel lzed knowledge. abi IWed. or equipment
not ordtnarlly available in. the type of con-
tracting orgen(zatlons quallfled and ekpeetwd
to bid on the contract as a dole and In
general are to be iloltad to manor components
of tine overall cwntreet.
2. The contract ..amount' upon which the
requtranent sat fo.if -la.- paragraph 1 of this
Section vll Is ocnpwtd taetudes the cost of,
alatartals and manafectured products which are _
to be purchased ar. produced by the contractor
under fha contract provisions.
3. The .contractor, shall furalsh (a) a
competent - suparintendent.:or suprvtsor who is
employd by the firm, has •full authority to
direct Performance of the -work In accordance
with the contract requlramants, and is In
charge of ail Construction operations (regard-
less Of who perform the work) arid' (b) such
other Of its own organizational resources
(super41110n, management, and engineering
servic"I as the SHA contracting Officer deter -
mtnes Is necessary to Maur* tea Pertorsonco of
the con Oct.
s. No Portion of the contract shall be
sublet, "Signed or otherwise disposed of
*Xceot with the written consent of the SF%
contracting officer, or authorized represinta-
five, and such Consent when given shall not be
comstrued to relieve the contractor of any
R.vls.d 3 -ZI-68 FR-13
0
responsibility for the fulfillment of "a
contract. WCfttM w_ Sont will be given only ---
after the SHA has assured that each subcontract
1= a.:Lx.Ci,4 In. .rhino and tht-t It's^ -'^t
all per rinent provisions and c"ulremarts. of
the Prime contract.
Y111. SAFETY_ ACCIOf71T PREVENTION
1. In the performance of this Contract the
contractor shalt eomoly with all applfcobte
Federal, State, and local lava - governing
safety, health, and sanitation (23 (FR Part
635). The Contractor she(( provide all safe-
guards, safety devices and protective equipment
and take any other needed actions as It dater
*1044. or a/ The SHA contracting officer may
dehratno, to be rawmably necessary to Pro-
tact the life and health of amployas an the
Job and the safety of tha pub$le and to protect
property to connection with the performance of
the work covered by "a contract.
2. It is a condition of this contract, and
shall be made a condition of each suboontract -
ertel taro pursuant to this coafrncr, that
the Contractor and any subcontractor shell. not
c"utre any laborer or maahanie eployed to
Performance of the 'contract to work to sur-
roundings_ or under conditions whldn are on-
sanitary, hazardous, or dangerous to his/her
health or safety, as determined udder construc-
tton safety , and - health standards (Title- 29.
Code 'of .Federal Regulations. Part 1926:
(forwarly Part 1318) as may be revised$ Promul-
gated by the Seeratary of Labor. In ecom won
with Section 107 of tM Contract Mork fours and
Safety Standards Act (83 Start. 96).
IX. FALSE STAT84SM (AHCMt1Q HICWAY
PROJECTS
la order to assure high quality and durable
constructlon In conformity with approved Plans
and speclficatloas and a high degree of rella-
b(llty on stat-me;nts and representations made
by engineers, contractors, suopliers, and
Workers on Federal aid highway projects. It Is
easeatlal that aft Arsons dp(1Cerfled v(th the
�!s
-a
project. partorw'thel r.Junctions..as carefully,
thoroughly, and honestly as possible. Willful
falsification, distortion, or Misrepresentation
•
with /efQeot t0 env fnc�, related tv �;N (.fu-
ject.Is a violation of Fedora( law. To'prevont
any Misunderstanding regarding the sriousnefs
of these end similar acts, ma following notice
shall be posted on each Faderal -aid highway
project (23 CFR Part 635) In one or aa'e. Places
whore It Is readily available to all parsons
concerned with the project: ..
NOTICE TO ALL PFRSOIMEL EMIGA61D ON
FEDERAL -AtO N16FMAT FROJeM
Title 18, United.States Code, Section 1020,
reads as follows: -
!'Whoever. being an officer, agent.. or
*"toyed of the United States. or of any State
or Territory, or whoever,. whifhr a parson,
association, .firm, cc corporation, . know(ngly.
makes any fats*, statement, fats* represeafe- '
Lion, or fats* report as to the eheracfer,
Qua( Ity,,Quantity. or cost of me materfat used
or to be used,. or the Quantity or quality of
the work performed or to to Vrfor•mea. "or the,.
costs thereof 1a conaect(oa with the subefsston
of plans. maps. specifications. contract, or .
costs'of construction an any highway or rniat*d
project siba)tted for aopraval' to me Seovtar•y
of Transportation) or
.: " Whoever - knowingly makes any .false state-
want, false representation, false report 'or '
false claim with respect to the character,
quality, quantity; or cost of any work . per-
formed or to be performed, or material: tur- -
nishod or to be furnished, In connection with
the construction of any highway or related
Project approved by the Secretary of
Transportation; or .
'Whoever knowingly makes any false statement
or false representation as to material fact In
any statement, crtlficate, or report submitted
pursuant to provisions of the fedora! -Ald Roads
Act epprovad July 1, 1916, (39 Stat. 355), es
amended and +001 amanfed;
'Shall be fined nor epee than 110,000 or
Imprisoned not more then 5 years, or both.-
Revised 3 -21-88
FR -14
A- iWLEWWATIf . nr !."UM AM .'—, %v .
FEDERAL WATER POLLUTION CONTP4DL AC'T
(Applicable Foderat -aid ' ' construction
contracts and related - subcontracts exceeding
8900,000.)
By submission of this ' bid, `or. the exaout(Qn
of this contract or' wboontrac% as oppro-
Priete, the bidder. Federal -ald construction
contractor. or subcontractor. -as appropriate,
will be deemed to hew stipulated as follows:
1. That any facility that is or will be
utilized In the prforaence of `this -oontract,
unless such contract Is •- rxeapt under the Clean
Air Act, as amended (42 U.SX. 1.857 at seq., as
amnded by Pub. L. 91- 604),— and " - under the
Federal Water Pollution 'Control-.. Art. as emended
(33 U.S.d. 1251, at sad.. as amended by Pub. L.
92 -500). F.x*cutivo Order 11738;. and regulations
M leplimw tatloa thereof .(40 M Part 15) Is
.root listed, on the date of ;coatrstt award, on
the U.S.'- Environmental Protection Agency (EPA)
List of-- Violating Factltttes pursuant to 40 CFR
15.20.
2- That the -.firm
to compliance with
toctlan 414. of --the
308 of the . Federal
end all : rsgulatlo
thereunder.
agrees. to -oowiy and rweatn
all - •thir'• :aqu:raments of
Clean Air Act and Section
Water:. Pot Iutlon ConTrol--Act
is� and.. guidelines Ilsted
3. That the firm shall prvaptly notify the
SIN of the racetpt of any , comsuntcation from
the Director. Office of Federal Aetivittes,
EPA, Indicating that, a facility that Is or will
be utilized for the contract Is under consld-
oration to be Ilsted on* -fhz -EPA List of
Violating Facilities.
A. That the firm agrees to Includa or cause
to be Included- the requirements of paragraphs 1
through 4 of "is Section X In every nMaxempt
subcontract, and further. agrees !^ take such
action es the government may direct as a means
of enforcing such requirements.
Fe.lt.a 3 -21-88
FR- 13
f
6-1.06 FEDERAL -AIO FEMALE ANO MIMMITY GOALS
In accordance vita Section it.
-
Non -SMSA Cauntles ....... ,,...cao....
I
23.2
- MondlscrlminatIn. .- �� �;,,p.. `w. of Mupulred
.^... :4"; 4;A MlEetie �a.f3;
Contract Provisions Federal -e(d Construction
CA San Benito.
Contracts- the following are the goals for
feaal4 utilization:
IT7 Sacramento. CA:
Goal for Women
SMSA Count(es:
(applied nationwide) ....... (percent) 6.9
6920 Sacramento, CA...r000....
16.1
CA Placer; CA Sc,:a`sscanto;
The following w goals for minority
CA Tolo.
utilization:
Mon-SMSA Couatied.� .... c.:.s.......
14.3
-
CA Butte; CA NY14Y..nf
CA El (Dorado; Cf, Gbt*m;
CALIFORNIA ECONOMIC AREA:.-
CA Nevada; CA -q&wr -.
Goal
CA Sutter; CA Yuba.
(Percent)
176 Stockton- +bdestu. CA:
(74 Redding. CA:
SKSA Counties:
Non -SMSA Counties ... ;............ 6.8
3170 Modesto. CA .............
12.3
CA Lassen; CA vMedoe;
CA Stenisiaus.
CA Pluses; CA Shasta:
8120 Stockton. CA .............
24.3
CA Siskiyou: CA Tenema.
CA San loeyuln.
175 Eureka, CA:
Man -SMSA Counties .... <...........
19.8
CA Alpine; CA A64dav;
Ion -SMSA Counties ................ 6.6 --
CA Calaveres; CA I�GFfpaaa•
CA Oel torte; CA Nlaboldt;
- CA Merced; CA Tuottmmo.
CA Trinity.
179 Fresno- BakarstNld. CA:
176 San Franelsw-Oakland -San Jose. •CA-
$NSA Couatles:
i
SMSA Counties,
0680 Bakersfield. CA..........
19:1
7120 Salinas - Seaside-
CA Kern.
- Mxlterey, CA ................ 28.9
2610 Fresno, CA........,..,...
26.1
CA Monterey.
CA Fresno.
7360 San Franelseo- Oakfood. CA. 25.6
Mon -SMSA Combed .................
23.6
CA Alameda; CA Contra Costa;
CA Kings. CA Madero;
CA Merin; CA San Francisco;
CA Tulare.
• CA San Mateo.
_
7400 San Jose. CA .............. 19.6
180 Los Angeles, CA:
CA Santa Clara.
7485 Santa Cruz, CA............ 14.9
SMSA Counties:
CA Santa Cruz.
0360 McM(w -Santa Aaa-4x6en
7300 Santa Rose. CA............ 9.1
Grove, CA ..... .<.<.,:,o......
11.9
CA Sonoma.
CA Orange.
8TZ0 Val lajo•- Fa(rfiel d-
4480 Lot Angeles -tan;
.
Mapa. CA .................... 17.1
Beech, CA.............,.......
28.3
CA Nape: CA Solono
CA Los Angeles.
6000 Oxnard -Slat Vc(1. �=
Ventura, CA ......... .n......
21.3
CA Ventura.
Fe.lt.a 3 -21-88
FR- 13
i
6780 Rlverside —San Bernordln07
_
Ontario, CA .................
19.0
in addition to the reporting requirements
CA Riverside;
set forth elsewhere In this contract the.
• Cs S=.. Cw"rdlno.
::On Tractor and subcontractors "holding
-7430 Santa Barbera —Santa Karla—
subcontracts, not Including material suppliers,
Lompoc,, CA ................:.
19.7
of $10,000 or enre, shell submit for. every
CA Santa Barbara.
month of July during which work Is perfaeled,
Hon —SMSA Counties.................
24.6
eoployment data as contalr4d,under farm PR -1391
CA Inyo; CA Kole;
(Appendix C to 23 CPR, Part 230), end in
CA Son Luis Obispo.
accordance with the Instructions Included
thereon.
181 San Olego, CA:
SKSA Counties
7320 San Diego. CA .......
16.9
.
CA San Otago.
Mon —SMSA Counties .................
16.2
_. CA Imperial.
Revised 5-21 -68 FR-16
X,
6 -z6-79
• ,-
SLCTION 6-2. r=KRAL RLQQIRL`M4- MAIMING SPECMAL PROVISICS -
6 -2.01 As part of the Contractor's equal employmnnt opportunity affix- -.
native action program, training shall be provided as follows: -
The Contractor shall provide on- the -job training to develop full
journeymen in Lye types of trades or job classification - involved. -
The goal for the number of trainees or apprentices to be trained -
under the'req•,iirameata of this special provision will be 7
In the event the Contractor subcontracts a portion of the contract
work, he shall determine how many, if any, of the trainees or appren-
tices are to be trained by the subcontractor, provided however, that
the Contratcr shA11 retain the pri:=ary responsibility for sreting
the training requirements imposed by this special provision. She ..
Contractor shall also insure that this Training Special Provision is
made applicable to such subcontract. Where feasible, 25 percent of :
trainees or apprentices in each or_ipatiea shall be in their first
year of apprenticeship or training. -
the number of trainees or apprentices shall be distributed among
the work classifications an the basis of the Contractor's needs and
the availability of journeyman in the various classifications within
a reasonable ar_a of rscriitmant. Prior to cormencing work, the
Contractor shall submit to the 'Department for approval the number of
trainees or apprentices to be trained in each selected Classification .
and training program to be used. Purthernore, the Cunt -actor shall
specify the starting time for training in each of the classifications.
The Contractor will be credited for each trainee or apprentice
employed by hu on the contract work who is currently enrolled or
becomes enrolled in an approved program and will be reimbursed for
such trainees or apprentices as provided hereinafter.
T= and upgrading of minorities and women toward joa.- aeyarn
status is a primary objective of this Training Special Provision.
Accordingly, 1-he-Contractor shall make every effort to enroll minority
and women trainees or apprentices (e.g., by conducting systematic and
direct recruit ant through public and private sources likely to yield
minority and woman t.- ainees or apprentices) to the extent such persons '
are available within a reasonable area of recuitaent. --he Contractor
will be responsible for demonstrating the steps that he has taken in
pursuance thereof, prior to a determination as to whether the Con -
t-actar is in r..plianca with this ^raining Special Provision. %his.
training commitment is not intended, and shall not be used, to dis-
criminate against any applicant for training, whether a amber of a
minority group or not.
No employee shall be eagloyed as a trainee or apprentice in any
classification in vhlch he has successfully completed a training
course leading to journeyman status or in which he has been employed
as a jou-- neyman. The Contractor should satisfy this requirement by -
including appropriate questions in the employee application or by
other suitable means. Regardless of the method used the Contractor's
retards should document the findings in each case.
The minimum length and type of training for each classification will
be as established in the training program selected by the Contractor
and approved by both the Departxnt and the Federal Highway Administrr-
tion. ^ie Depa_.aent and the Federal Highway Ad><inistration will
approve a programs if it is reasonably calculated to meet t_he equal
am--,?loyment oppartunity obligations of the Contractor and to qualify
tie average tr=ainee or apprentice for Journeyman status in the
classification concerned by the and at the t aining period. Further-
more, apprenticeship programs registered with tS[n Q.S. Dapex,nt of
Labor, Bureau of Apprent :caahip and Training, or wl =h the State of
Califor'nia, Depart nt o1 Industrial Relations, Division of Xppran-
"ceship Standards racogai_ad by the Buzoau and t=a "ing programs
Fr -ii
0
6-z6 -78
approved but not necessarily sponsored by th.a O.S. Department of
Labor, Manpower Administration, Bureau of Ap[,renticeship and Train -
Ing shall also be considered acceptable provided it is being __ .
administered in a manner consistent with the equal employment obli-
gations of Federal -aid highway construction ,ontracts. approval or
acceptance of a training program shall be obtained from the State
prior to commencing work on the classification covered by the pro-
gram. It is the Intention of these provisions that training is io
be provided in the construc -lon crafts rather than clerk- typists or
secretarial -type positions. Training is permissible in lower level
management positions such as office engineers, estimators, ti=-
keepers, etc., where the training is oriented toward construction
applications. Training in the laborer classification may be
permitted provided that significant and neanAngful training is '
provided and approved by the division offir_, Some offsite train -
Ing is permissible as long as the triining is An integral part of
an approved traia:.nq program.and does not apt; ?rise a significant _
part of the overall traiainq.
Exceot As otherwise noted below, the Contracar will be reimbursed
so cents per hour of training given an employee on this contract In
accordance with an approved training program., As approved by the _.
Engineer, reimbursement will be made for training of persons in
excess of the number specified herein. =4z reimbursement will be.� .. _
made even though the Contractor receives additional training pro-
gram funds from other saurcas, provided such other source does not _
specifically prohibit the Contractor frca receiving other reimburse-
ment. Re4rbursement for offsits tsaialn5 indicated above may only
be made to the Contractor where he does one or more of the following
and the trainees or apprentices are coner-.e»tly employed on a
Federal -aid projects contributes to'the cost of the training, pro-
vides the ins- .suction to the trainee or a ?prantice or pays the
t:aiaee'a or apprentice's rages during the offsite training period.
No payment shall be made to the Contras -oz if either the failure
to provide the required training, or the fai7.ura to hire the trainee
or apprentice as a journeyman, is caused by the Contac -..or and
evidences a lack of good faith on the part of the Contractor in
meeting the requiramsnts of this Training Special Provision. It _
is normally expect—ad that a trainee or apprentir_ will begin his
training on the project u soon as feasible rtfter start of work
utillting the skill involved and remain on tha project as long as
training opportunities exist in his work clajsification or until
he has Completed his training program. t Is not required that
all trainees or apprentices be on board for the anti a length of '
the contract. a Contractor will have ful_ili.ed his responsibilities
under this Training Special Provision if he i�as provided ae^.eptable
training to the number of trainees or appran; :ices specified. The
number trained shall be determined on the ba: +is of the total number
enrolled on the contract for a significant period.
only trainees or apprentices registered in a program approved by
the State of California's State Administrator of Apprenticeship may
be employed on the project and said trainees or apprenr ices shall be
paid the standard wage specified under the r- lgulations of the craft
or trade at vhich they are employed.
T`.e Contractor shall furnish the txxi:nee or apprantica a copy of
the program he will follow in providing the r= ainizg, ^ire Contractor
shall provide each trainee or apprentice vit'.i a certification shoving
the type and length of training satisfactorily completed.
The Contractor will provide for the =int..nanca o! records and
furnish periodic reports doc• -nting his per'or=ance under this
:raining Special Provision. _
M
0 0
EXHIBIT "B"
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the President and duly
authorized representative of the firm of H.V. LAWMASTER & CO., INC. ,
whose address is 7940 Main St., Stanton, CA 90680 —a—nT that neither
I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage,
contingent fee, or other consideration, any firm or person (other than a bona
fide employee working solely for me or the above consultant) to solicit or
secure this agreement;
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person in connection
with carrying out the agreement; or
(c) paid, or agreed to pay, to any firm, organization or person (other
than a bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Transportation in connection with this agreement involving
participation of Federal Aid highway funds, and is subject to applicable State
and Federal laws, both criminal and civil.
August 10, 1989
Date Signature
EXHIBIT "C"
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The prime Consultant, under penalty of perjury, certifies that, except as noted
below, he /she or any person associated therewith in the capacity of owner,
partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion,
or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered
against it by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the
following space.
Exceptions will not necessarily result in denial of award, but will be
considered in determining Consultant responsibility. For any exception noted
above, indicate below to whom it applies, initiating agency, and dates of
action.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
The above certification is part of the Proposal. Signing this
Proposal on the signature portion thereof shall constitute
signature of this Certification.
-Signat� Consultant T
H.V. LAWMASTER & CO., INC.
0
EXHIBIT "D"
REQUEST FOR PROPOSAL
WIDENING PACIFIC COAST HIGHWAY (C -2591)
MATERIALS TESTING
^ - -- - - - - -' -
Engineering Geologist
Soil Field Technician (2)
Asphalt Field Technician (3)
(1) Includes portal to portal travel time & vehicle costs
(2) To perform soil compaction testing
(3) To perform AC compaction testing
Material Testing:
Soils:
Maximum dry density determination
R -Valve
Sand Equivalent
Aggregate Base:
Sieve Analysis
Sand Equivalent
R -Valve
Asphalt Base:
Sieve Analysis
Surface Abrasion
(California Test 360, Method A)
Concrete:
Compression testing
(Included pick -up of cylinders) (4)
Fee
$75.00 /Hour (1)
40.00 /Hour (1)
40.00 /Hour (1)
$ 75.00 /Each
20.00 Each
3 .00 Each
45.00 /Each
35.00 /Each
--T4-G-. 00 Each
175.00 /Each
* /Each
10.00 /Each
(4) City personnel will take the samples, testing lab is to supply the
cylinders
*Unable to perform this test