HomeMy WebLinkAbout01-17-2017 Agreement between SLO City, and SLO County, and RDZ ContractorsAGREEMENT
THIS AGREEMENT, made on this 17th day of January, 2017, by and between the City of San Luis Obispo,
a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner)
and RDZ CONTRACTORS, (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required to complete all the work of construction of
CALLE JOAQUIN PARK AND RIDE, SPEC NO. 91288
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the
Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed
and completed under the direction and supervision and subject to the approval of the Owner or its authorized
representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful
performance of this Contract, subject to any additions or deductions as provided in the Contract Documents,
the contract prices as follows:
Item
No.
Item i Unit of
Description Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)_
1
Mobilization
.... ...... ......................... .
Clearing & Grubbing
LS
1
$31,393.91
$31,393.91
2
LS
1
$14,175.40
$14,175.40
3
Remove Conc. (Curb & Gutter)
LF
66
$16.28
$1,074.48
4
Remove Concrete Sidewalk
SF
1730
$3.94
$6,816.20
5
Remove Concrete (Mow Strip)
LF
204
$12.60
$2,570.40
6
Remove Irrigation
LS
1
$2,625.00
$2,625.00
7
Excavation
CY
1000
$44.10
$44,100.00
8
Class 2 Aggregate Base
CY
560
$63.79
$35,722.40
9 Class 3 Aggregate Base
CY
69
$37.57
$2,592.33
10
Class 4 Aggregate Base
CY
461
$90.38
$41,665.18
11
Geotextile Fabric
SF
4680
$0.77
$3,603.60
12
Hot Mix Asphalt, Type A
TON
309
$120.00
$37,080.00
13
Permeable Interlocking Concrete
Pavers
SF
EA
4680
2
$8.40
$525.00
$39,312.00
$1,050.00
14
Observation Well
15
Minor Concrete (Curb)
LF
950
$32.55
$30,922.50
16
Minor Concrete (Retaining Curb)
LF
17
$30.45
$517.65
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Item
No.
Item
Description
Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
in figures
17
Minor Concrete (Barrier Curb)
LF
295
$28.35
$8,363.25
18
HDPE Plastic Edging
LF
330
$9.98
$3,293.40
19
Minor Concrete (Curb & Gutter)
LF
162
$26.25
$4,252.50
20
Minor Concrete (Sidewalk)
SF
3200
400
$4.99
$15,968.00
21
Minor Concrete (Driveway)
SF
$7.35
$2,940.00
22
Minor Concrete (Bus Pad)
SF
1030
$11.81
$12,164.30
23
Minor Concrete (Motorcycle
Parking)
SF
62
$11.03
$683.86
24
Wheel Stop
Area Drain Inlet
EA
2
6
$150.00
$300.00
25
EA
$1,050.00
$6,300.00
26
Curb Drain Inlet
EA
1
$5,880.00
$5,880.00
27
Storm Drain Pipe (12" HDPE)
LF
362
$58.80
$21,285.60
28
Storm Drain Pipe (18" RCP)
LF
98
$9975
$9,775.50
29
Storm Drain Manhole
EA
1
$8,925.00
$8,925.00
30
Bus Stop Shelter with Metal
Bench (5 ft)
EA
1
$11,167.26
I $11,167.26
31
Pavement Markings
SQFT
610
$6.83
$4,166.30
32
33
Sign, Single Post
Lighting
EA
9
$340.00
$3,060.00
LS
1
$35,731.73
$35,731.73
34
Landscaping
LS
1
$20,667.15
$20,667.15
35
Irrigation
SF
5478
$5.45
$29,855.10
Bio TOTAL: $500,000.00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the
documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the
Contractor may be required to do, or respecting the size of any payment to the Contractor, during the
performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and
conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following
documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto
attached:
1. Notice to Bidders and information for bidders.
2. Standard Specifications, Engineering Standards, Special Provisions, and any Addenda -
3. Plans.
4. Caltrans Standard Specifications and Standard Plans 2010.
5. Accepted Bid.
6. List of Subcontractors.
7. Equal Employment Opportunity Certification.
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8. Public Contract Code Section 10285.1 Statement.
9. Public Contract Code Section 10162 Questionnaire.
10. Public Contract Code Section 10232 Statement.
11. Labor Code Section 1725.5 Statements.
12. Bidder Acknowledgements.
13. Qualifications.
14. Attach Bidders Bond to Accompany Bid.
15. Non -collusion Declaration.
16. Debarment and Suspension Certification.
17. Non -lobbying Certification for Federal -Aid Contracts.
18. Disclosure of Lobbying Activities.
19. Agreement and Bonds.
20. Insurance Requirements and Forms.
ARTICLE IV, INDEMNIFICATION: Hold Harmless and Indemnification. The Contractor agrees to defend,
indemnify, protect and hold the City and its agents, officers and employees harmless from and against any
and all claims asserted or liability established for damages or injuries to any person or property, including
injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or
claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in
performing the work or services herein, and all expenses of investigating and defending against same;
provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or
employees. In the event of conflict with any other indemnification or hold harmless provisions of this
Agreement, the provision that provides the most protection to the City shall apply.
ARTICLE V, REQUIRED FEDERAL CONTRACT PROVISIONS:
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I General
ll. Nondiscrimination
III. Nonsegregated Facilities
IV Davis -Bacon and Related Act Provisions
V Contract Work Hours and Safety Standards
Act Provisions
VI Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway
Projects
IX. Implementation of Clean Air Act and Federal
Water Pollution Control Act
X. Compliance with Governmentwide
Suspension and Debarment Requirements
XI Certification Regarding Use of Contract
Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for
Appalachian Development Highway System or
Appalachian Local Access Road Contracts (included
in Appalachian contracts only)
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I. GENERAL
1. Form FHWA-1273 must be physically
incorporated in each construction contract funded
under Title 23 (excluding emergency contracts solely
intended for debris removal). The contractor (or
subcontractor) must insert this form in each
subcontract and further require its inclusion in all
lower tier subcontracts (excluding purchase orders,
rental agreements and other agreements for supplies
or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any
purchase order, rental agreement or agreement for
other services The prime contractor shall be
responsible for compliance by any subcontractor,
lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid
design -build contracts, in all subcontracts and in lower
tier subcontracts (excluding subcontracts for design
services, purchase orders, rental agreements and
other agreements for supplies or services). The
design -builder shall be responsible for compliance by
any subcontractor, lower -tier subcontractor or service
provider.
Contracting agencies may reference Form FHWA-
1273 in bid proposal or request for proposal
documents, however, the Form FHWA-1273 must be
physically incorporated (not referenced) in all
contracts, subcontracts and lower -tier subcontracts
(excluding purchase orders, rental agreements and
other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the
following sections, these contract provisions shall
apply to all work performed on the contract by the
contractor's own organization and with the assistance
of workers under the contractor's immediate
superintendence and to all work performed on the
contract by piecework, station work, or by
subcontract.
3. A breach of any of the stipulations contained in
these Required Contract Provisions may be sufficient
grounds for withholding of progress payments,
withholding of final payment, termination of the
contract, suspension / debarment or any other action
determined to be appropriate by the contracting
agency and FHWA
4. Selection of Labor: During the performance of this
contract, the contractor shall not use convict labor for
any purpose within the limits of a construction project
on a Federal -aid highway unless it is labor performed
by convicts who are on parole, supervised release, or
probation. The term Federal -aid highway does not
include roadways functionally classified as local roads
or rural minor collectors
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part
230 are applicable to all Federal -aid construction
contracts and to all related construction subcontracts
of $10,000 or more. The provisions of 23 CFR Part
230 are not applicable to material supply,
engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must
comply with the following policies: Executive Order
11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC
Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), Title VI of the Civil Rights
Act of 1964, as amended, and related regulations
including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply
with: the requirements of the Equal Opportunity
Clause in 41 CFR 60-1.4(b) and, for all construction
contracts exceeding $10,000, the Standard Federal
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Equal Employment Opportunity Construction Contract
Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive
authority to determine compliance with Executive
Order 11246 and the policies of the Secretary of
Labor including 41 CFR 60, and 29 CFR 1625-1627.
The contracting agency and the FHWA have the
authority and the responsibility to ensure compliance
with Title 23 USC Section 140, the Rehabilitation Act
of 1973, as amended (29 USC 794), and Title VI of
the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27;
and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230,
Appendix A, with appropriate revisions to conform to
the U.S. Department of Labor (US DOL) and FHWA
requirements.
1. Equal Employment Opportunity: Equal
employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure
equal opportunity as set forth under laws, executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630,
29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and
orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant
to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractor's
project activities under this contract. The provisions of
the Americans with Disabilities Act of 1990 (42 U.S. C.
12101 et seq.) set forth under 28 CFR 35 and 29 CFR
1630 are incorporated by reference in this contract. In
the execution of this contract, the contractor agrees to
comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting
agency and the Federal Government to ensure that it
has made every good faith effort to provide equal
opportunity with respect to all of its terms and
conditions of employment and in their review of
activities under the contract.
b. The contractor will accept as its operating policy
the following statement:
"It is the policy of this Company to assure that
applicants are employed, and that employees are
treated during employment, without regard to their
race, religion, sex, color, national origin, age or
disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship, pre -apprenticeship,
and/or on-the-job training."
2. EEO Officer: The contractor will designate and
make known to the contracting officers an EEO
Officer who will have the responsibility for and must
be capable of effectively administering and promoting
an active EEO program and who must be assigned
adequate authority and responsibility to do so
3 Dissemination of Policy: All members of the
contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or
who recommend such action, or who are substantially
involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in
each grade and classification of employment. To
ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel
office employees will be conducted before the start of
work and then not less often than once every six
months, at which time the contractor's EEO policy and
its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office
employees will be given a thorough indoctrination by
the EEO Officer, covering all major aspects of the
contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct
recruitment for the project will be instructed by the
EEO Officer in the contractor's procedures for locating
and hiring minorities and women.
d Notices and posters setting forth the contractor's
EEO policy will be placed in areas readily accessible
to employees, applicants for employment and
potential employees.
e. The contractor's EEO policy and the procedures
to implement such policy will be brought to the
attention of employees by means of meetings,
employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for
employees the notation: "An Equal Opportunity
Employer." All such advertisements will be placed in
publications having a large circulation among
minorities and women in the area from which the
project work force would normally be derived
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee
referral sources likely to yield qualified minorities and
women. To meet this requirement, the contractor will
identify sources of potential minority group
employees, and establish with such identified sources
procedures whereby minority and women applicants
may be referred to the contractor for employment
consideration.
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b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals,
the contractor is expected to observe the provisions of
that agreement to the extent that the system meets
the contractor's compliance with EEO contract
provisions. Where implementation of such an
agreement has the effect of discriminating against
minorities or women, or obligates the contractor to do
the same, such implementation violates Federal
nondiscrimination provisions.
c. The contractor will encourage its present
employees to refer minorities and women as
applicants for employment. Information and
procedures with regard to referring such applicants
will be discussed with employees.
5. Personnel Actions: Wages, working conditions,
and employee benefits shall be established and
administered, and personnel actions of every type,
including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken
without regard to race, color, religion, sex, national
origin, age or disability. The following procedures
shall be followed:
a. The contractor will conduct periodic inspections
of project sites to insure that working conditions and
employee facilities do not indicate discriminatory
treatment of project site personnel.
b. The contractor will periodically evaluate the
spread of wages paid within each classification to
determine any evidence of discriminatory wage
practices.
c. The contractor will periodically review selected
personnel actions in depth to determine whether there
is evidence of discrimination. Where evidence is
found, the contractor will promptly take corrective
action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d The contractor will promptly investigate all
complaints of alleged discrimination made to the
contractor in connection with its obligations under this
contract, will attempt to resolve such complaints, and
will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the
complainant, such corrective action shall include such
other persons. Upon completion of each
investigation, the contractor will inform every
complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying,
and increasing the skills of minorities and women who
are applicants for employment or current employees.
Such efforts should be aimed at developing full
journey level status employees in the type of trade or
job classification involved.
b. Consistent with the contractor's work force
requirements and as permissible under Federal and
State regulations, the contractor shall make full use of
training programs, i.e., apprenticeship, and on-the-job
training programs for the geographical area of
contract performance. In the event a special
provision for training is provided under this contract,
this subparagraph will be superseded as indicated in
the special provision. The contracting agency may
reserve training positions for persons who receive
welfare assistance in accordance with 23 U.S.C.
140(a).
c. The contractor will advise employees and
applicants for employment of available training
programs and entrance requirements for each.
d. The contractor will periodically review the training
and promotion potential of employees who are
minorities and women and will encourage eligible
employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part
upon unions as a source of employees, the contractor
will use good faith efforts to obtain the cooperation of
such unions to increase opportunities for minorities
and women. Actions by the contractor, either directly
or through a contractor's association acting as agent,
will include the procedures set forth below:
a. The contractor will use good faith efforts to
develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minorities
and women for membership in the unions and
increasing the skills of minorities and women so that
they may qualify for higher paying employment.
b. The contractor will use good faith efforts to
incorporate an EEO clause into each union
agreement to the end that such union will be
contractually bound to refer applicants without regard
to their race, color, religion, sex, national origin, age
or disability.
c. The contractor is to obtain information as to the
referral practices and policies of the labor union
except that to the extent such information is within the
exclusive possession of the labor union and such
labor union refuses to furnish such information to the
contractor, the contractor shall so certify to the
contracting agency and shall set forth what efforts
have been made to obtain such information.
d. In the event the union is unable to provide the
contractor with a reasonable flow of referrals within
the time limit set forth in the collective bargaining
agreement, the contractor will, through independent
recruitment efforts, fill the employment vacancies
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without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain
qualified and/or qualifiable minorities and women.
The failure of a union to provide sufficient referrals
(even though it is obligated to provide exclusive
referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph In the event the
union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions,
such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be
familiar with the requirements for and comply with the
Americans with Disabilities Act and all rules and
regulations established there under. Employers must
provide reasonable accommodation in all employment
activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of
Materials and Leasing of Equipment: The contractor
shall not discriminate on the grounds of race, color,
religion, sex, national origin, age or disability in the
selection and retention of subcontractors, including
procurement of materials and leases of equipment.
The contractor shall take all necessary and
reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential
subcontractors and suppliers and lessors of their EEO
obligations under this contract.
b. The contractor will use good faith efforts to
ensure subcontractor compliance with their EEO
obligations.
10. Assurance Required by 49 CFR 26.13(b)
a. The requirements of 49 CFR Part 26 and the
State DOT's U.S. DOT -approved DBE program are
incorporated by reference.
b. The contractor or subcontractor shall not
discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of
DOT -assisted contracts. Failure by the contractor to
carry out these requirements is a material breach of
this contract, which may result in the termination of
this contract or such other remedy as the contracting
agency deems appropriate.
11. Records and Reports: The contractor shall keep
such records as necessary to document compliance
with the EEO requirements. Such records shall be
retained for a period of three years following the date
of the final payment to the contractor for all contract
work and shall be available at reasonable times and
places for inspection by authorized representatives of
the contracting agency and the FHWA.
a. The records kept by the contractor shall
document the following:
(1) The number and work hours of minority and
non -minority group members and women employed in
each work classification on the project;
(2) The progress and efforts being made in
cooperation with unions, when applicable, to increase
employment opportunities for minorities and women;
and
(3) The progress and efforts being made in
locating, hiring, training, qualifying, and upgrading
minorities and women;
b. The contractors and subcontractors will submit an
annual report to the contracting agency each July for
the duration of the project, indicating the number of
minority, women, and non -minority group employees
currently engaged in each work classification required
by the contract work. This information is to be
reported on Form FHWA-1391. The staffing data
should represent the project work force on board in all
or any part of the last payroll period preceding the end
of July. If on-the-job training is being required by
special provision, the contractor will be required to
collect and report training data. The employment data
should reflect the work force on board during all or
any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid
construction contracts and to all related construction
subcontracts of $10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that
segregation on the basis of race, color, religion, sex,
or national origin cannot result. The contractor may
neither require such segregated use by written or oral
policies nor tolerate such use by employee custom.
The contractor's obligation extends further to ensure
that its employees are not assigned to perform their
services at any location, under the contractor's
control, where the facilities are segregated. The term
"facilities" includes waiting rooms, work areas,
restaurants and other eating areas, time clocks,
restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas,
transportation, and housing provided for employees.
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The contractor shall provide separate or single -user
restrooms and necessary dressing or sleeping areas
to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT
PROVISIONS
This section is applicable to all Federal -aid
construction projects exceeding $2,000 and to all
related subcontracts and lower -tier subcontracts
(regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of
a roadway that is functionally classified as Federal -aid
highway This excludes roadways functionally
classified as local roads or rural minor collectors,
which are exempt. Contracting agencies may elect to
apply these requirements to other projects.
The following provisions are from the U.S.
Department of Labor regulations in 29 CFR 5.5
"Contract provisions and related matters" with minor
revisions to conform to the FHWA-1273 format and
FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working
upon the site of the work, will be paid unconditionally
and not less often than once a week, and without
subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage
determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to
exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated
for bona fide fringe benefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or
mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of
paragraph 1.d. of this section; also, regular
contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made
or incurred during such weekly period Such laborers
and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for
the classification of work actually performed, without
regard to skill, except as provided in 29 CFR
5 5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at
the rate specified for each classification for the time
actually worked therein: Provided, That the
employer's payroll records accurately set forth the
time spent in each classification in which work is
performed. The wage determination (including any
additional classification and wage rates conformed
under paragraph 1 b of this section) and the Davis -
Bacon poster (WH -1321) shall be posted at all times
by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it
can be easily seen by the workers.
b. (1) The contracting officer shall require that any
class of laborers or mechanics, including helpers,
which is not listed in the wage determination and
which is to be employed under the contract shall be
classified in conformance with the wage
determination. The contracting officer shall approve
an additional classification and wage rate and fringe
benefits therefore only when the following criteria
have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the
wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona
fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(2) If the contractor and the laborers and
mechanics to be employed in the classification (if
known), or their representatives, and the contracting
officer agree on the classification and wage rate
(including the amount designated for fringe benefits
where appropriate), a report of the action taken shall
be sent by the contracting officer to the Administrator
of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within
30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the
30 -day period that additional time is necessary.
(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or their
representatives, and the contracting officer do not
agree on the proposed classification and wage rate
(including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer
the questions, including the views of all interested
parties and the recommendation of the contracting
officer, to the Wage and Hour Administrator for
determination The Wage and Hour Administrator, or
an authorized representative, will issue a
determination within 30 days of receipt and so advise
the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is
necessary.
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(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs
1.b.(2) or 1.b (3) of this section, shall be paid to all
workers performing work in the classification under
this contract from the first day on which work is
performed in the classification
c Whenever the minimum wage rate prescribed in
the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash
equivalent thereof.
d If the contractor does not make payments to a
trustee or other third person, the contractor may
consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the
Secretary of Labor has found, upon the written
request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met.
The Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting
of obligations under the plan or program
2. Withholding
The contracting agency shall upon its own action or
upon written request of an authorized representative
of the Department of Labor, withhold or cause to be
withheld from the contractor under this contract, or
any other Federal contract with the same prime
contractor, or any other federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor, so much
of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the
full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed
or working on the site of the work, all or part of the
wages required by the contract, the contracting
agency may, after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
3. Payrolls and basic records
a Payrolls and basic records relating thereto shall
be maintained by the contractor during the course of
the work and preserved for a period of three years
thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the
name, address, and social security number of each
such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section
1(b)(2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of
any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits
under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or
program has been communicated in writing to the
laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred
in providing such benefits. Contractors employing
apprentices or trainees under approved programs
shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in
the applicable programs.
b. (1) The contractor shall submit weekly for each
week in which any contract work is performed a copy
of all payrolls to the contracting agency. The payrolls
submitted shall set out accurately and completely all
of the information required to be maintained under 29
CFR 5.5(a)(3)(i), except that full social security
numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only
need to include an individually identifying number for
each employee ( e.g. , the last four digits of the
employee's social security number). The required
weekly payroll information may be submitted in any
form desired. Optional Form WH -347 is available for
this purpose from the Wage and Hour Division Web
site at
http://www.dol.gov/esa/whd/forms/wh347instr htm or
its successor site The prime contractor is responsible
for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall
maintain the full social security number and current
address of each covered worker, and shall provide
them upon request to the contracting agency for
transmission to the State DOT, the FHWA or the
Wage and Hour Division of the Department of Labor
for purposes of an investigation or audit of compliance
with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a
subcontractor to provide addresses and social
security numbers to the prime contractor for its own
records, without weekly submission to the contracting
agency
(2) Each payroll submitted shall be accompanied
by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons
employed under the contract and shall certify the
following:
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(i) That the payroll for the payroll period contains
the information required to be provided under §5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the
appropriate information is being maintained under
§5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that
such information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the
contract during 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 directly or indirectly from the full
wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid
not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage
determination incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for
submission of the "Statement of Compliance" required
by paragraph 3.b (2) of this section.
(4) The falsification of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal prosecution under
section 1001 of title 18 and section 231 of title 31 of
the United States Code.
c. The contractor or subcontractor shall make the
records required under paragraph 3.a. of this section
available for inspection, copying, or transcription by
authorized representatives of the contracting agency,
the State DOT, the FHWA, or the Department of
Labor, and shall permit such representatives to
interview employees during working hours on the job
If the contractor or subcontractor fails to submit the
required records or to make them available, the
FHWA may, after written notice to the contractor, the
contracting agency or the State DOT, take such
action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required
records upon request or to make such records
available may be grounds for debarment action
pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when
they are employed pursuant to and individually
registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in
his or her first 90 days of probationary employment as
an apprentice in such an apprenticeship program,
who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to
the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the
applicable wage rate on the wage determination for
the classification of work actually performed. In
addition, any apprentice performing work on the job
site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for
the work actually performed. Where a contractor is
performing construction on a project in a locality other
than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's
or subcontractor's registered program shall be
observed.
Every apprentice must be paid at not less than the
rate specified in the registered program for the
apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for
the applicable classification If the Administrator
determines that a different practice prevails for the
applicable apprentice classification, fringes shall be
paid in accordance with that determination.
In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined
rate for the work performed until an acceptable
program is approved
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined
rate for the work performed unless they are employed
pursuant to and individually registered in a program
which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration.
The ratio of trainees to journeymen on the job site
shall not be greater than permitted under the plan
approved by the Employment and Training
Administration.
Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's
level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the
trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage
and Hour Division determines that there is an
apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and
participating in a training plan approved by the
Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the classification of work actually
performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the
applicable wage rate on the wage determination for
the work actually performed.
In the event the Employment and Training
Administration withdraws approval of a training
program, the contractor will no longer be permitted to
utilize trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
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c Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246,
as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U S.
DOT).
Apprentices and trainees working under
apprenticeship and skill training programs which have
been certified by the Secretary of Transportation as
promoting EEO in connection with Federal -aid
highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. The
straight time hourly wage rates for apprentices and
trainees under such programs will be established by
the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than
permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements.
The contractor shall comply with the requirements of
29 CFR part 3, which are incorporated by reference in
this contract.
6. Subcontracts The contractor or subcontractor
shall insert Form FHWA-1273 in any subcontracts
and also require the subcontractors to include Form
FHWA-1273 in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR
512
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR
parts 1, 3, and 5 are herein incorporated by reference
in this contract
9. Disputes concerning labor standards Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U S.
Department of Labor, or the employees or their
representatives.
10. Certification of eligibility
a. By entering into this contract, the contractor
certifies that neither it (nor he or she) nor any person
or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon
Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to
any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is
prescribed in the U.S. Criminal Code, 18 U.S.C. 1001
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid
construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of
the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the
clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and
mechanics include watchmen and guards.
1. Overtime requirements. No contractor or
subcontractor contracting for any part of the contract
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work which may require or involve the employment of
laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which
he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such
workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause
set forth in paragraph (1.) of this section, the
contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the
United States (in the case of work done under
contract for 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 or
mechanic, including watchmen and guards, employed
in violation of the clause set forth in paragraph (1.) of
this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to
work in excess of the standard workweek of forty
hours without payment of the overtime wages
required by the clause set forth in paragraph (1.) of
this section.
3. Withholding for unpaid wages and liquidated
damages. The FHWA or the contacting agency shall
upon its own action or upon written request of an
authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys
payable on account of work performed by the
contractor or subcontractor under any such contract
or any other Federal contract with the same prime
contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime
contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in
paragraph (2.) of this section.
4. Subcontracts. The contractor or subcontractor
shall insert in any subcontracts the clauses set forth in
paragraph (1.) through (4.) of this section and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1 ) through (4 ) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid
construction contracts on the National Highway
System
1 The contractor shall perform with its own
organization contract work amounting to not less than
30 percent (or a greater percentage if specified
elsewhere in the contract) of the total original contract
price, excluding any specialty items designated by the
contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the
total original contract price before computing the
amount of work required to be performed by the
contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization"
refers to workers employed or leased by the prime
contractor, and equipment owned or rented by the
prime contractor, with or without operators Such
term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of
the prime contractor, or any other assignees. The
term may include payments for the costs of hiring
leased employees from an employee leasing firm
meeting all relevant Federal and State regulatory
requirements. Leased employees may only be
included in this term if the prime contractor meets all
of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the
quality of the work of the leased employees;
(3) the prime contractor retains all power to accept
or exclude individual employees from work on the
project; and
(4) the prime contractor remains ultimately
responsible for the payment of predetermined
minimum wages, the submission of payrolls,
statements of compliance and all other Federal
regulatory requirements.
b. "Specialty Items" shall be construed to be limited
to work that requires highly specialized knowledge,
abilities, or equipment not ordinarily available in the
type of contracting organizations qualified and
expected to bid or propose on the contract as a whole
and in general are to be limited to minor components
of the overall contract.
2. The contract amount upon which the requirements
set forth in paragraph (1) of Section VI is computed
includes the cost of material and manufactured
products which are to be purchased or produced by
the contractor under the contract provisions.
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3 The contractor shall furnish (a) a competent
superintendent or supervisor who is employed by the
firm, has full authority to direct performance of the
work in accordance with the contract requirements,
and is in charge of all construction operations
(regardless of who performs the work) and (b) such
other of its own organizational resources (supervision,
management, and engineering services) as the
contracting officer determines is necessary to assure
the performance of the contract
4. No portion of the contract shall be sublet,
assigned or otherwise disposed of except with the
written consent of the contracting officer, or
authorized representative, and such consent when
given shall not be construed to relieve the contractor
of any responsibility for the fulfillment of the contract.
Written consent will be given only after the contracting
agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent
provisions and requirements of the prime contract.
5 The 30% self -performance requirement of
paragraph (1) is not applicable to design -build
contracts; however, contracting agencies may
establish their own self -performance requirements
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts.
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 635). The contractor shall provide all
safeguards, safety devices and protective equipment
and take any other needed actions as it determines,
or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and
to protect property in connection with the performance
of the work covered by the contract.
2. It is a condition of this contract, and shall be made
a condition of each subcontract, which the contractor
enters into pursuant to this contract, that the
contractor and any subcontractor shall not permit any
employee, in performance of the contract, to work in
surroundings or under conditions which are
unsanitary, hazardous or dangerous to his/her health
or safety, as determined under construction safety
and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this
contract that the Secretary of Labor or authorized
representative thereof, shall have right of entry to any
site of contract performance to inspect or investigate
the matter of compliance with the construction safety
and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work
Hours and Safety Standards Act (40 U S.C.3704)
VIII. FALSE STATEMENTS CONCERNING
HIGHWAY PROJECTS
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable
construction in conformity with approved plans and
specifications and a high degree of reliability on
statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons
concerned with the project perform their functions as
carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with
respect to any facts related to the project is a violation
of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts,
Form FHWA-1022 shall be posted on each Federal -
aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons
concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of
the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or
corporation, knowingly makes any false statement,
false representation, or false report as to the
character, quality, quantity, or cost of the material
used or to be used, or the quantity or quality of the
work performed or to be performed, or the cost
thereof in connection with the submission of plans,
maps, specifications, contracts, or costs of
construction on any highway or related project
submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement,
false representation, false report or false claim with
respect to the character, quality, quantity, or cost of
any work performed or to be performed, or materials
furnished 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, certificate, or report submitted pursuant to
provisions of the Federal -aid Roads Act approved
July 1, 1916, (39 Stat. 355), as amended and
supplemented;
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Shall be fined under this title or imprisoned not more
than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of
this contract, or subcontract, as appropriate, the
bidder, proposer, Federal -aid construction contractor,
or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from
receiving an award due to a violation of Section 508
of the Clean Water Act or Section 306 of the Clean Air
Act.
2. That the contractor agrees to include or cause to
be included the requirements of paragraph (1) of this
Section X in every subcontract, and further agrees to
take such action as the contracting agency may direct
as a means of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid
construction contracts, design -build contracts,
subcontracts, lower -tier subcontracts, purchase
orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or
that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier
Participants:
a By signing and submitting this proposal, the
prospective first tier participant is providing the
certification set out below.
b. The inability of a person to provide the
certification set out below will not necessarily result in
denial of participation in this covered transaction. The
prospective first tier participant shall submit an
explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or
agency's determination whether to enter into this
transaction. However, failure of the prospective first
tier participant to furnish a certification or an
explanation shall disqualify such a person from
participation in this transaction.
c The certification in this clause is a material
representation of Fact upon which reliance was placed
when the contracting agency determined to enter into
this transaction. If it is later determined that the
prospective participant knowingly rendered an
erroneous certification, in addition to other remedies
available to the Federal Government, the contracting
agency may terminate this transaction for cause of
default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to
whom this proposal is submitted if any time the
prospective first tier participant learns that its
certification was erroneous when submitted or has
become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person,"
"principal," and "voluntarily excluded," as used in this
clause, are defined in 2 CFR Parts 180 and 1200.
"First Tier Covered Transactions" refers to any
covered transaction between a grantee or subgrantee
of Federal funds and a participant (such as the prime
or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under
a First Tier Covered Transaction (such as
subcontracts). "First Tier Participant' refers to the
participant who has entered into a covered
transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor)
"Lower Tier Participant" refers any participant who
has entered into a covered transaction with a First
Tier Participant or other Lower Tier Participants (such
as subcontractors and suppliers).
f. The prospective first tier participant agrees by
submitting this proposal that, should the proposed
covered transaction be entered into, it shall not
knowingly enter into any lower tier covered
transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless
authorized by the department or agency entering into
this transaction.
g. The prospective first tier participant further
agrees by submitting this proposal that it will include
the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions," provided by the
department or contracting agency, entering into this
covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for
lower tier covered transactions exceeding the $25,000
threshold.
h. A participant in a covered transaction may rely
upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the
certification is erroneous. A participant is responsible
for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its
principals, as well as the eligibility of any lower tier
prospective participants, each participant may, but is
not required to, check the Excluded Parties List
System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be
construed to require the establishment of a system of
records in order to render in good faith the
certification required by this clause. The knowledge
and information of the prospective participant is not
required to exceed that which is normally possessed
by a prudent person in the ordinary course of
business dealings.
j Except for transactions authorized under
paragraph (f) of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier
covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other
remedies available to the Federal Government, the
department or agency may terminate this transaction
for cause or default.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to
the best of its knowledge and belief, that it and its
principals:
(1) Are not presently debarred, suspended,
proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered
transactions by any Federal department or agency;
(2) Have not within a three-year period preceding
this proposal been convicted of or had a civil
judgment rendered against them for commission of
fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen
property;
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(3) Are not presently indicted for or otherwise
criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the
offenses enumerated in paragraph (a)(2) of this
certification; and
(4) Have not within a three-year period preceding
this application/proposal had one or more public
transactions (Federal, State or local) terminated for
cause or default.
b. Where the prospective participant is unable to
certify to any of the statements in this certification,
such prospective participant shall attach an
explanation to this proposal.
1. Instructions for Certification - Lower Tier
Participants:
(Applicable to all subcontracts, purchase orders and
other lower tier transactions requiring prior FHWA
approval or estimated to cost $25,000 or more - 2
CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the
prospective lower tier is providing the certification set
out below.
b. The certification in this clause is a material
representation of fact upon which reliance was placed
when this transaction was entered into. If it is later
determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal
Government, the department, or agency with which
this transaction originated may pursue available
remedies, including suspension and/or debarment.
c The prospective lower tier participant shall
provide immediate written notice to the person to
which this proposal is submitted if at any time the
prospective lower tier participant learns that its
certification was erroneous by reason of changed
circumstances.
d The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person,"
"principal," and "voluntarily excluded," as used in this
clause, are defined in 2 CFR Parts 180 and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. "First Tier Covered Transactions" refers
to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier
Covered Transactions" refers to any covered
transaction under a First Tier Covered Transaction
(such as subcontracts). "First Tier Participant" refers
to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor).
"Lower Tier Participant" refers any participant who
has entered into a covered transaction with a First
Tier Participant or other Lower Tier Participants (such
as subcontractors and suppliers).
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e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed
covered transaction be entered into, it shall not
knowingly enter into any lower tier covered
transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless
authorized by the department or agency with which
this transaction originated.
f. The prospective lower tier participant further
agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions
exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely
upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the
certification is erroneous. A participant is responsible
for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its
principals, as well as the eligibility of any lower tier
prospective participants, each participant may, but is
not required to, check the Excluded Parties List
System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be
construed to require establishment of a system of
records in order to render in good faith the
certification required by this clause. The knowledge
and information of participant is not required to
exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
i. Except for transactions authorized under
paragraph a of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier
covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other
remedies available to the Federal Government, the
department or agency with which this transaction
originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion --Lower Tier
Participants:
1 The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its
principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered
transactions by any Federal department or agency
2. Where the prospective lower tier participant is
unable to certify to any of the statements in this
certification, such prospective participant shall attach
an explanation to this proposal
XI. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts
which exceed $100,000 (49 CFR 20).
1. The prospective participant certifies, by signing
and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or
will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated
funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or
employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions
2 This certification is a material representation of
fact upon which reliance was placed when this
transaction was made or entered into. Submission of
this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.0
1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for
each such failure.
3 The prospective participant also agrees by
submitting its bid or proposal that the participant shall
require that the language of this certification be
included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and
disclose accordingly
XII: CARGO PREFERENCE ACT
Use of United States —flag vessels:
The contractor agrees —
1. To utilize privately owned United State -flag
commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk
carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or
commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable
rates for Unites States -flag commercial vessels.
2. To furnish within 20 days following the date of
loading for shipments originating within the United
States or within 30 working days following the date of
loading for shipments originating outside the United
States, a legible copy of a rated, 'on -board'
commercial ocean bill -of -lading in English for each
shipment of cargo described in paragraph (1) of this
section to both the Contracting Officer (through the
prime contractor in the case of subcontractor bills -of
lading) and to the Division of National Cargo, Office of
Market Development, Maritime Administration,
Washington, DC 20590
3. To insert the substance of the provisions of this
clause in all subcontracts issued pursuant to this
contract
ARTICLE VI, TITLE VI ASSURANCES: During the performance of this Agreement, the contractor, for itself,
its assignees and successors in interest (hereinafter collectively referred to as Contractor) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title
49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference
and made a part of this agreement.
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(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub -applicants, including
procurements of materials and leases of equipment. CONTRACTOR shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the agreement covers a program set forth in Appendix
B of the Regulations.
Y '
(3)Solicitations for Sub -agreements. Including ... _ ding Procurements„of Materials and Equipment: In all
..
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to
be performed under a Sub -agreement, including procurements of materials or leases of
equipment, each potential sub -applicant or supplier shall be notified by CONTRACTOR of the
CONTRACTOR'S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
California Department of Transportation or FHWA to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of CONTRACTOR is in
the exclusive possession of another who fails or refuses to furnish this information,
CONTRACTOR shall so certify to the California Department of Transportation or the FHWA
as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
nondiscrimination provisions of this agreement, the California Department of Transportation
shall impose such agreement sanctions as it or the FHWA may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1)
through (6) in every sub -agreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or
is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may
request the California Department of Transportation enter into such litigation to protect the interests of the
State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
ARTICLE VII: It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first
above written.
ATTEST:
��&
City Clerk
APPROVED AS TO FORM:
J. ChO�E'i re Dietrick
City #ttOTney
12-28-09
2 5/12116 DMA
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CITY OF SAN LUIS OBISPO
141
By:
H di Hfarmon
r4ayor
CONTRACTOR:
RDZ Contra to►s
j
By:
Pedro Rodriguez
Its: Owner