HomeMy WebLinkAbout2010-008 Ferravanti Grading and Paving CITY OF ATASCADERO
Y
p
i
leis p 1979CONTRACT FOR
Ferravanti Grading and Paving
for
Santa Rosa Road Rehabilitation
Bid No. 2009-009
I. '
INS 1 9
CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
Ferravanti Grading and Paving
THIS CONTRACT is made and entered into between City of Atascadero ("City'),
and Ferravanti Grading and Paving ("Contractor"). City and Contractor agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR:SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requestedby the City. This Contract and its exhibits shall be known
as the "Contract Documents.'' Terms set forth in any Contract 'Document shall be deemed to
be incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF-PERSONNEL:
t A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and 'not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Contractor for the
performance of services pursuant to this Contract shall remain employees of Contractor, shall
at all times be under the direction and control of Contractor, and shall not be considered
employees of City. All persons employed by Contractor to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Contractor employees
and shall not be entitled', as,a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
rev 5/1/06 1
792119.3
City of Atascadero
Ferravanti Grading and Paving - ..
B. INDEPENDENT INVESTIGATION. The Contractor agrees and
hereby representsµit_has satisfied itself by its own investigation and research regarding the
conditions affecting the work to be done and labor and materials needed, and that its decision
to execute'this"Contract is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully
informed of, shall observe and 'comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Contractor are to commence upon execution of this Contract by City,
and;shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later, than December 31, 2010, unless extended by the mutual
agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated'for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
a
services are authorized in advance and in writing by the Executive Director`of the City or
designee (hereinafter "Executive Director" shall include the Executive Director's designee).
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City and Contractor at the time City's express written authorization signed by
the Executive Director is given to Contractor for the performance of said services.
k
rev 5/1/06 2
792119.3
Y
City of Atascadero.
Ferravanti Grading andPaving .
F - -
5. SUPERVISON', LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the
responsibility for supervising"the services provided under this Contract, hiring of personnel,
establishing 'standards of performance,, assignment of personnel, determining and affecting
`discipline, determining required training, maintaining personnel,files, and other matters relating
to--the: performance of services and-control of personnel. The City may use any reasonable
means'to monitor performance andthe Contractor shall comply with the Executive Director's
request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor, is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance 'shall not in any manner be subject to any bargaining
E agreement(s) or any other agreement(s) the Contractor may have covering and/or with is
employees.
r
= C. APPROVAL"OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the-stability and" continuity of Contractor's.staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
be assigned toperform the services required under this Contract and shall obtain the approval
of the Executive 'Director of a list. of all proposed staff members who are to be assigned to
perform services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE_ . -The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of-such termination, Contractor shall be
compensated for non=disputed fees under the terms of this Contract up to the date of
termination.
' B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the-City for damages sustained by the
City by ,virtue of any 'breach of this Contract by Contractor, and the City may withhold' any
payments due to Contractor until such time as the exact amount of damages, if any, due the
City from Contractor is, determined'. ° All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
rev 5/1/06 3
792119.3
h
City of Atascadero
Ferravanti Grading and Paving,
7. CHANGES:
The :City or Contractor may; from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both, Parties in writing. Mutually agreed changes shall be
incorporated in written amendents to this Contract. Any increase in the amount of
Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the Executive Director.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the
materials„prepared by the Contractor if`used for purposes other than those expressly set forth
in the Intended, Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or.'created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
` required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order. Contractor will be allowed to retain copies of all deliverables.
B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the,Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of-the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has
or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall `take reasonable:,-bare to ensure that no person having any such interest shall be
employed by it as an officer; employee, agent or subcontractor without the express written
consent of.the Executive` Director. Contractor agrees to at all times avoid conflicts of interest
or the appearance of any conflicts of interest with the interests of City in the performance of
this Contract. Contractor agrees tor include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
rev 5/1/06 4
792119.3
City of Atascadero
Ferravanti Grading and Paving °
10. CONFIDENTIAL INFORMATION-
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that_they shall not be made available to any individual or organization without the prior written
approvalof the City, except by court order.
B.: REIMBURSEMENT FOR"UNAUTHORIZED RELEASE. If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to"reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without, limitation expert's fees and
disbursements.
C. COOPERATION. City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena , notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located ;within the City. City= and Contractor each retains the right, but has no
obligation, to represent the other` party„and/or be present at any deposition; hearing or similar
proceeding. Contractor and City agree to cooperate fully with the other party and to provide the
other party with the opportunity to review any response to _discovery requests provided by
Contractor,or City. However, City and Contractor's right to review any such response does not
r imply or mean the right by the other:party to control, direct, or,rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this,Contract except as set forth in Exhibit,C.. City acknowledges that all
equipment and other tangible assets used by Contractor in, providing these services are the.
property of Contractor and shall'remain the property of Contractor upon termination of this
`Contract.
B. SPECIAL SUPPLIES. 'City shall be responsible for supplying any special supplies,
stationary, notices,=forms or,similar°items that it requires to;be issued with a City logo. All such
items shall be approved by the Executive Director and shall,be provided at City's sole cost and
expense.
rev 5/1/06 5
792119.3
City of Atascadero
Ferravanti Grading and Paving
12. COMPLIANCE WITH'LAW!
A. COMPLIANCE REQUIRED' Contractor shall keep itself informed of applicable local,
state, and federal laws andregulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit notrespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall atall times hold a valid contractor's
Y.
license if performing any function or activity for which a`iicense is required pursuant to Chapter
9 (commencing with section 7000).of Division 3 of the,California'Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The
City, its officials, officers, elected officials; appointed officials and employees shall not be liable
at law or inequity as a result of anyfailure of contractor to comply with this'section.
B. PREVAILING WAGES The Contractor is required to pay prevailing wages for the
work performed under this Agreement. The Contractor shall pay all penalties and wages as
required by applicable law.
13. SUBCONTRACTING:
None of the-services covered by this Contract shall be subcontracted without the prior
r written consent of the Executive,Director. Contractor shall be as fully responsible to the City
for the negligent acts and omissions of its contractors and subcontractors, and of persons
either directly or indirectly employed by them, as it is for the negligent acts and omissions of
x persons directly employed by Contractor.
14. ASySIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Contractor from the
City under this Contract may be,assigned to a financial institution, but only with prior written
consent of the Executive Director. Notice of any assignment or transfer whether voluntary or
involuntary shall 'be' furnished promptly to the City. The, rights and benefits under this
_agreement=are for the; sole and exclusive benefit of the City and this Contract shall not be
-'construed thatanythird party has an interest in the Contract.
15. LIABILITY OF CONTRACTOR`
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and'the negligent acts of its employees, agents, contractors
and subcontractors. The City shall! have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
Lre792119.3
reventing risk to Contractor or its employees, agents, contractors or subcontractors.
v 5/1/06 6
F
;n -
City of Atascadero
Ferravanti;Grading and Paving
16. INDEMNIFICATION;
z
A. INDEMNIFICATION, FOR PROFESSIONAL.LIABILITY. When the law establishes a
professional°standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, ,defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part by any negligence, or wrongful act, error or omission of
Contractor, willful, misconduct, or recklessness of its officers; agents, employees or
subcontractors (or any-entity or,individual that Contractor shall bear the legal liability thereof) in
the performance of professional services under this agreement
B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional;services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold°,harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for 'claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Contractor or by any ,individual or entity for which-contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of Contractor.
C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees- to obtain
executed indemnity, agreements with provisions identical to those set forth here in this section
for each and every subcontractor.-or any other person or 'entity involved by, for, with or on
behalf of Contractor in the performance of this agreement,. InJhe event contractor fails to
obtain such indemnity obligations from others as required here;. Contractor agrees to be fully
'- responsible according to the termsof this section. Failure of_City to monitor compliance with
_ N ,
these requirements imposes rio additional obligations on City and will in no way act as a
waiver of any.rig) hereunder- This obligation to indemnify and defend City as set forth here
`is binding on'the"successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section.
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting-the rights of City under any provision of this agreement, Contractor shall not
be required to indemnify'and hold harmless City of liability_ attributable to the active negligence
of City, provided such active negligence is determined;by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have
actively negligent and where Citys active negligence accounts for only a percentage of
. y ne " '
li 9 9 . .
the liability involved, the obligation,-of contractor will be-for that entire portion or percentage of
liability not attributable to the active negligence of City.
17. INSURANCE:
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
rev 5/1/06 7
792119.3
,3 S
_ . City of Atascadero
Ferravanti Grading and Paving
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abatedor serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of 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 and in a form acceptable to the City, which the
City, may specify and change from time to time. Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine-'66d,audit said books and records, shall permit City to make
transcripts therefrom-as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation,,disability,=ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith; shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this 'contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW: The City.and Contractor understand and agree that the laws of
the State of California shall govern
;the rights, obligations, duties„and liabilities of the parties to
this Contract and also
g ern 'the interpretation of this Contract.`Any litigation concerning this
:
f Contract shaWtake place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
3
9;
Y.
rev 5/1/06 8
792119.3
City of Atascadero
Ferravanti Grading'and Paving
D. City hass an 'interest in the _qualifications of and capability of the
persons and,entities that will fulfill the duties and obligations imposed upon Contractor by this
Contract. In recognition of that,interest, neither any complete nor partial assignment of this
Contract, may be made by Contractor nor changed, substituted for, deleted, or added to f
without the prior written consent of City which consent shall not be unreasonably withheld. Any
attempted assignment or-sub-stitution shall be ineffective, null; and void, and constitute a
material`breach of this Contract entitling City to any and all remedies at law or in equity,
including summary termination` of�this Contract. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements,"conditions, representations, warranties or promises, with respect
to this Contract, except those:contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses 'of conduct, prior dealings among
the parties and documentation of any kind-without limitation.,
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, :only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION Contractor and City agree and
acknowledge that the provisions'of this Contract have been arrived at through negotiation and
that each party has had a full and,fair opportunity to revise the provisions of this Contract and
to have such,provisions-reviewed by,legal counsel. Therefore, any ambiguities in construing or
f' interpreting this Contract shall not-be- resolved against the drafting party. The titles of the
various sections are merely informational'and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party ofanyof its rights with respect to a
default or other matter aris ng4 in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
I. ^SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not'render the other provisions invalid, illegal or unenforceable.
rev 5/1/06 9
792119.3
`City of Atascadero
Ferravanti Grading and Paving
*—W
J. NOTICES.,', Allinvoices, payments, notices, demands, requests,
comments,,,or approvals that are ,required to be given by one party to the other under this
Contract shall be`in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a 'United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
Public Works Director
6907 EI-Camino Real
Atascadero, CA 93422
,,. Contractor Ferravanti Grading and Paving
Gary Ferravanti
395 Hunter Place
Paso Robles, CA 93446
Each party may change the; address at which it gives- notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Contractor warrant and represent-that they have the authority to execute this Contract on
behalf of their Company and further warrant and represent that they have the authority to bind
Contractor to the performance of itsobligationshereunder.
AGREED to this day of 11 �(� , 2010 by the parties as follows,
Approved as to form: Ferravanti Grading and Paving
By: t*Aa,4�
Counsel for contractor Gary Ferrava i, President
Approved as to form: CITY OF ATASCADERO
By: �tAle
Y:
Brian Pieri , City Attorney idAney, City M nager
rev 5/1/06 10
792119.3
City of Atascadero '
'2 Ferravanti Grading and Paving.
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for. workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the Gperformance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
Gary Ferravanti,-President
Ferravanti Grading and Paving
4
a
rev 5/1/06 1 1
792119.3
3
City of Atascadero =
Ferravanti Grading,and sPavng
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California Labor Code sections 18,10 and following, 8 hours
of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of
$25.00 for each worker employed in the.execution of this Contract by Contractor or any
subcontractor,for each calendar day during which such worker is'required or permitted to work
more than 8 hours in any one calendar day'and"40hours in any one calendar week in violation of
the provisions of Labor Code section 181`0. (Labor Code § 1813.)
Copies of the determination of the Director of the Department of Industrial Relations of the
prevailing rate of per diem wages,for,each craft, classification or type of worker needed to
execute this contract will be on file.in, and available at, the office of the Director at 6907 El
Camino Real, Atascadero, CA. Wage determinations are also available online at
www.dir.ca.gov/DLSR/PWD/Southem.html.
Contractor shall post at the work site, ,or if there is no regular work site then at its principal
office, for the duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor
Code §.1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified
prevailing rate of per diem wages to all -workers employed in the execution of the contract.
(Labor Code,§ J774.). Contractor is responsible for compliance with Labor Code section 1776
relative to the retention and inspection of payroll records.
Contractor shall comply with all provisions.of Labor Code section 1775. Under Section 1775,
Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the
execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly
registered apprentices in the execution of the Contract. Contractor is responsible for compliance
with Labor,Code section 1777.5 for all apprenticeable occupations, This statute requires that
contractors�and, subcontractors must submit contract award information to the applicable joint
apprenticeship,committee, must employ apprentices in apprenticeable,occupations in a ratio of
not 'less than one hour of apprentices work for every five hours of labor performed by a
joumeyman'(unless an exception-is granted'under § 1777.5), must contribute to the fund or funds
in each craft or trade or a like amount to the California Apprenticeship Council, and that
contractors and subcontractors must not discriminate among otherwise qualified employees as
apprentices solely on the ground of sex,,race, religion, creed, national origin, ancestry or color.
Only apprentices defined in,Labor Code sections 3077, who are,in training under ap enticeship
standards and who have written apprentice contracts, may Aeoyed on pub c works in
apprenticeable occupations.
I�
I" CONTRACTOR
Gary Ferravanti, President
rev 5/1/06 12
792119.3
s;
EXHIBIT A
Scope of Work
All.work performed shall comply with-engineering plans and specifications instructions,
Oe`r bid package Santa Rosa Road Rehabilitation, City'Bid No. 2009-009, hereby
incorporated by reference. The Santa Rosa Road Rehabilitation project consists of
roadway excavation and reconstruction; cold planning surface of existing asphalt concrete
pavement; furnishing, spreading'and compacting hot mix asphalt',(HMA); preparation of
subgrade for portland cement concrete (PCC) and asphalt concrete; PCC removal; saw
cutting; constructing PCC curbs; gutters, adjusting of utility lids to grade; construction RCP
storm drain; constructing pedestrianpathway; tree trimming; brush clearing and clean-up.
Services provided as described-inl.the specifications Santa Rosa Road Rehabilitation, as
Awarded by Atascadero City.Council to be the Base Bid in the amount of$410,107.46 and the
Add Alternate in:the amount of$146;541,39 will not exceed the total contract price of
$556,648.85. Per the specifications, the contractor shall diligently prosecute the work to
completion before the expiration.of 45,working days. Due to the proximity to school
facilities,work cannot..begiri prior to June 7th, 2010 and will be completed within 45
working days calculated as,,August 10th, 2010.
It is agreed by the parties to the Contract that in case all the work called for under the
t Contract is not completed before orupon the expiration of the time limit;as set forth in these
specifications, damage will be sustained by the City, and that it is°and will be impracticable to
determine the actual;damage which'-the City will sustain, in the event of any, by reason of such
delay; and it is therefore agreed that the Contractor will pay to the City the sum of five
hundred dollars ($500.00)rper day for each and every calendar day delay beyond the time
prescribed:to complete the work; and', the Contractor agrees to?pay such Liquidated Damages
as herein provided;-and in the'same are not paid, agrees that the City may deduct the
amount thereof from any moneys due or that may become due'the Contractor under the
contract.
The Contractor shall not be assessed with Liquidated Damages, nor the costs of
engineering;'and inspection during any delay in the completion of the work caused by acts of
the federal government or the public,-enemy, or acts of God, fire, floods, epidemics, severe
weather, or delays°of subcontractors due,to such causes; provided that the Contractor shall,
within ten (10) days from the beginning of such delay, notify the City Engineer in writing of the
cause of delay, who shall ascertainthe facts and extent of the delay, and his finding of the
facts thereon shall be final and conclusive.
658615.1
DRAFT 06/4/014:33 PM A-1
r
`PROPOSAL
TO
THE CITY OF ATASCADERO
P
SAHTA*0'0 0kROAD REHABILITATION
_u
BWNO: 2009-009:
NAME OF BIDDER &J1fvv' dAZ U
r BUSINESS'-P.O. BO
CITY, STATE, ZIP
RO
BUSINESS STREET ADDRESS G
1 _
(Please include even,if P.O,. Box is used)
CONTRACTOR'S'LICENSE NUMBERrAND CLASSIFICATION ili'T
TELEPHONE NO: ( }�Sr D l
EMAIL:
The work for hick th a OrdsodI3'.submitted is for construction.in accordance
with' he Special Provisions;:(including:the payment of'.not-jesg than the State
General Prevailing Wage Rates'or the�Federal minimum wage'rates when set forth
herein),,the-Plans described'below including any addenda;thereto, the contract
annexed hereto'for use in connection with Caltrans Standard' .pe, fications dated'
May 2006:and Standard Plans; Dated May 2006 and Labor Surcharge and
Equipment'Rental Rates.
The'Plans and•-Special Provisions for the work to be,done are entitled:
s' SANTAROSA ROAD REHABILITATION
FEDERAL PROJECT NO. ESPL5423(027)
BID 2009409
ESPL-5423(027) Project Manual=Part B
3
658615.1
DRAFT 06/4/014:33 PM A-2
v F •rJ; i �� �ta. � 4 `i
x 4 qFQ
A
�4
` ct)'o� Zp10
REVISED BID SHEET PER ADDENDI1gsc
To the.•HONORABLE MAYOR'and MEMBERS OF THE CITY COUNCIL oNhe
CITY OF ATASCADERO, California.
Ladies,and,Gentlemen:
The undersigned, as-Bidd& d0dares that he/she has carefully examined the
location of`the proposed A,work P above described, read and, examined the
Contract Documents; and Addendum/Addenda..(List Addenda',Received: t ,
therefor, read the Notice;to Contractors,'the'ProposahlR quirements,
. ..
including'the Standard Spe iiiion_s, and hereby proposes-and°agrees, if this
Proposal is accepted by the;Clty, to furnish all materials and services,required
to do all the .work rqu
elred',to'co_mplete the said construction in accordance
with the ContractT me
merits in the time stated herein, for the unit'prices
and/or lump suaiYprices givep below:
CITY OFATASCADERO '
SANTA`ROSA ROAD`REHABILITATION PROJECT
BASE BID'(HIGHWAY-101 TO-136 WEST OF RIO BLA
. � NCO) °
ITEMPAYMENT APPROX 'TOTAL.
NO BID HYMS' REFERENCE QTY 'UNIT'r UNIT PRICE ITEM COST
1. b' Bon&'& Permit^Y 10.1.07 1
'2.• rafficconmi '- .' 10.2.04 1 LSc.`; v
_9 aferPollutio6Comm1 10.3.03 fAS,
A lig _ 1".02 1 :. _._ AS_
5 'I Barin andGmbb' 10.5.02 .1,• LSA. �'
6 ree Removal;.' 10-7.03 0 LS
9`= 7. Cii2p._ _=,T_ M . `PG64 10'Y 10.8.04 `190 TN,i. '
B Igneous M;, _ .- 10.7.04 1000. SF
9 Id Plane 2=12.AC.:' 10.10.04 140.079:'';SF `
r,. 10 Id Planeor Remove FSdsitin`AC ATE Plans)' 10.10.04 1.000. ..SF.
,' 11` =Section G G'ATE Plans -" 1010.04 80- –<LF
12, wt'-Section ILD ATE Plans: 10=10.04 40 7 LF" —
'1371 ad=Section H-H ATE Plans 10.10.04 22' LF,
14'" ut of Remove and Replace 4"AC _ 10-11.05 11,975 SF
15.: _w of Remove and Iace 6":AC 10-11.05 A,510 - I_SF,
16" _ orRe o eand law 6=12"AC w 10.11.05 800' .'SF
ILCA
s-
17"' or Remove and lace 3",AC over V AB ATE Plana)L 10.11.05 :. 1,500' SF
18- Fabric ATE Plans)-' 10.18.04- _ 185' SY
19"; rden Roadwa'P W"A _ - 10=11.05' :'970 LF
20' Swale 6"A 10-11.05' ;"310. ".1.F0 - ,
BID 2009-009
ESPL5 23(927) Project Manual Part B
8.2
658615.1
DRAFT 06/4/014:33 PM A-3
z - -
I
,74 Remove and lace W11=8 Emergency Vehicle S' : _,10.20.04, ^'. 2, 'aFA
75, _`._ve and laoc W I4;4-"Limited Site Diikvn °Si 10.20.04 " 0 EA ,
76
Remove and lace S1=1 School Si y._. 1020.04'_% 2: _1EA
'77''Remove and R-lace SCI"School!S' 10.20.04 2' .. 'FA
X78::Remove and ftlaoe S5-2"End Sd ool'Zone,Sign* - 10=20.04 .; 2. __ ;EA o
Remove and Replace-'School Speed Lrmrr 25:Whtro,Children Are
79 °.Si` 1 10.20.04 2' EA, I IQS— b�
TOTAUBASE,111IMPRICE6 410 DDS•
Is=`Lump Sum sf=SquareFeet, ea=Each If=Linear Feet in=Ton
'NOTE:In case of error ini6aiihsion of price into the total price colurhh.'the unit price will govem.
The basis.-of awanl4ill°b6Zase Bidc ,The City of Atascadero reseriiiw.the,right to add the Add
Akernate•to the`prq ect at its ii6kion.
The Contractor shallycorrrplySWith,the regiaremeMs of
Division-5, Part•I, of`the'State 1abor Code, and
specifically with Sections 6705'and!6707 thereof` The:Contractor shall submit for approval a detailed plan
showing;3he design,ofiifi6hng,bracing sloping,or other provisions #o be mad6jar,workerprotection ifor
gall areasAo be excaivated;,to a depth of five feet-or more. If the plan varies.from°'the.shoring systern
standards,the plan shall be prepared by a registered civil or structural engineer.
CITY OV ATASCADERO
SANTA ROSA:ROAD RERABR ITATION PROJECT',.
ADD ALTERNATE(-136''WEST OF RI0'6LANC06T_0"WGHWAY 41)
STEM PREFYMENT ERENCE APQTY- tUNIT iJMrr, PRICE 'TOTAL
NO. BID ITEMS.._ ITEM COST
1 NlibikWom6 Bonds`. lnsuran CalGain Peimit_:: 104.07 1 .':IS'_. :
z, ratsecont � to z.oa I LS
3 Wou Pollution CoMol Prow
_. 10-3.03 1 "LS`
10-4.02 Al IS two,.
5 -'and Gavbb' L 10-5.02 1 :L$., �
G roe Removalg 10.7.03
T Cil)rinmj:T Medi PG64-10 _ 10-8.04
8 iscellaaeoiuPav 10-7.04 of .SF-
.9 _ 1d P1ane 2=12 AC'- 10-10.04 64,921" : F
10 !d PlanemRovo HuiAC A7E'Plaas 1010:04 - 0. .: SF
l l t-Section" ATE Plans , 1010.04 0` LF
12 Section D=D'ATE Plans : 1010.04: 0:: LF°
}-
13,: Section H-H ATE Plana "-`- -- 1410.04` 0, LF•
14 i irut or Removc and lace 4"'AC 1011.05 3.175_ _SF.
15 66irt orReigkeind I"A" 1011.05. 0'
16 »t orRemove'andR laoe6-12''AG.'_ - 10-11.05, 0` J SF,7,
..a._.
' 17 i utoiRemoveand I6oe3"AC"over:61AI3 ATETlans 1411.051' 0 _ SF€:
:
18 1 Fabric(ATEPIans ;;. 10.18:04 ;E`. .0 - Sy 5
BID 2009009
ESPL'-5423(027)` Project Manual-Part B
3
658615.1
DRAFT 06/4/014:33 PM A-4
;4
19,, iden R
1'(6",k) 10.11.05 0'
20` Sivale'6!'A _ 10-11:05: 0. LFs
2R aft and lkeplmeAC D&C 10-9.04' --.488 LF
23 canF.xi§tin ACDike - 10=8.04 35
i
AC Dike and Seal Coat 10.8.04 447 :LF
24F_ PCG(}oss Gutter, 10-12.04' 0 SFi
25' nsbW PCC Side►valk 10.12.04 0 SF
s; 26 PCC Handi...- .._s,. : 10=12.04 0- EA:=
27 nstell' ` . _filet Ci Std502 40.13.04 0 EA
iove ex Sto_tm D in Pipe"aW IfisW 18"HDPE w/slurry,
k 28' ll ' 10-13.04. .0 LF
29 ubsiderice 1014.04 800 SF ,
30 Manhole Covers " . 10-15.03 :.3 EA - $
31 dust Manhole Covers to Finish Gtade.r - 10-15.03 3 EA
32, Lower WateiNalvesL . '_ -- - 10.15.03 4 ,
33. dust Water:.Valves to Finish Gude' , 10=15.03. 4 EA._ r
34. dust Gas Valve to Finish'Guide s .:_:. 10-15.03' 0` _ 4,LF-
'35.' Adjust Surf Monuments'to Fwsli Grade 10-15.03` 0
36:
Shoulder B =.' 10-16.04 3082 :37': nstruct 4'Widened Slioulderr10-17.04 038 mllmm6us Grad Shoulder .10-17.04 0 39 iscellaaeous Glad'_.and Sod laeeft ent 10.6.04 0 40' isoellaneous Grad' '.. et Lake Park, " - 10 .04 0_4L- ove Roots UnderAC/PCC 10.19.03° 0 42 1'Blut RPM's Fire N .- .. ". 10.20.04 0 43 12 White CrosemIlAimit Lim 10.20.04' _. 120 1
44i. 12"Yellow Crosswalk ermo . ._'. 10-20.04' "0 LF'_7
45 4";Yellow Crosswalk b 10-20.04 2,543
l F
46:': hi in Detail N 21" 10=20.04' 0 ,:f,
` 9ZStripirij Strip' Detail#2713 =:.:_ 10-20.04 0_ f LF.",
4s,; triOng Detail#26 o 1x20.04' '0 LF_+
49 tri Detail#38A 10-20.04 0 LE'4'
50 tri " Detail 39 0 __. _ _.__ ,. -
10-20.04 0 :. LFs'$
51.: tri"' Detail#39A - 10-20.04 0 LF
52 w T [V o 10-20:04 0
53_ 35" -. :.d _.o : __ 10-20.04 3 ...EA , `.:', 5`
54• 0100V Le .: ., r
_._ .:._ _ Io-20:00- "o �. ,i 'EA=.
55•_ G".Le d , 10.20.04 0Y,;
56 AHEAD' o _ 10-20.04 0 EA:;; "
57: �- d' - : 10-20.04 o
-. 58,: CIEAR'Le 10.20.04 0-
'159
_ EA""
-' "59. SLOW-, _ 10-20.04 0' ,3A
60 O1VLY d 10.20.04 •0 _ FA=p,
61 STOP". d 10-20.04 1 EA
` 1 WI l'-1 Bicycle`atid WI6,1.°ShareTlieRoad"_Signs on `
62, New Post 10.20.04 0 EA ..
X: '63!`Remove and lice R1.1 S*Si _ 10-20.04 _ ` 0 EAc'
` 64'`= veand IaCORI-34-W :S :.. _: 10-20.04 0 z".EA,"i
6S veand ReplueR2-i:Speed Limit 35 AVM Sign 10-20.04 2 EA,:'
66" -ve` Replice R3-2 No I eft Run Sign 10-20.04 0 EA
67_ M2ve and Replace R3-5,"% t Ttihi Si "- 10-20.04 -:0 EA .
68 ' tieand IaoeRb Lu"One W .<Ri S' 10-20.04 10 " EA Vi p
69_, ve and lace R9-3EiNo Pedestrian Si 10-20.04
BID2009-009' _
ESFt`5423{027)" Project Manual-Part B
4
j -
658615.1
DRAFT 06/4/014:33 PM A-5
Ly
City of Atascadero
Ferravanti Grading and Paving
-70•.,Remove and R=66e R9-31i-'Use Crosswalk"Sig,. _ _ .:
10-20.04 0 EA_
71 _ ove and lkiyla6i R26 CA "No PMdng Any Tone' 10.20.04 0° EA-.
ove and Replace R36(CA),"Commcn.ial Vehicles Over 7'
72 ons Prohibited Si_ " 10-20.04 1 EA 7 S8 15
73 ove and R-lace W3-1 S*Aliead Si _ 10-20.04 0 TX
74 " ve and Replaii WI 14 Vwcle si. 10.20.04 0 JFA
75. '' ove and lace'W I",•Limited Site Distance'Si 10.20.04 2 EA
76 `ve and i Iace S l-Y Sdmol Sign, 10-20.04 0 EA "
77 end lace S4-3°SrJiaol"Si" 10-20.04 0 EA
78 Rernaricand Replace S5=2"Eud School Zone S" 10.20.04 0 EA..
ve end Replace"School Speed Limit 25 When Children'
'19 Am Present"Si r 10.20.04 0 EA
TOTALADD'ALTERNATE BIV RIG
Is=_Ltmp'Sum sf=Square Feet ,ea=Each If'--Linear Feet to=Ton
'NOTE:Incase of error in extension of price in o the total price column,the unit price.will,govem. _
t
rev 5/1/06 A-f)
792119.3
r ,
DESIGNATED,,SUBCONTRACTOR;INFORMATION'SHEET
PROJECT-NO'.'2009-009
:The Contractor shall set forth the following information on the Desi�ated Subcontractor
Informationsheet"the name and location the place of business,telephone and email address,
license,number and classification of eachsub�ntractor.who will'perform work or labor or render
service to the undersigned'
in or about the`,construction of the work,- be;performed. That portion
of'the work which;will be;done,tiy such subcontractor foreacti sub�niract.shall be listed by ,
individual item number,'percent,of=item; dollar amount of-item and.brief�description. The
contractor's,attention is''directed'to Section 6-1.11,"Listing of Subcontractors,of these Special
Provisions. i
Name,
Addresa,— Address:
x - y
�-►11moe AProl
City.Slate:Zip i -
.say-���ts
Plyumbe�r. -- _.--- -- Phone Number -
-PJnal address- - - -
emaa aadrass
UcnseNumber and tons f License Number andClamficabans
'
-e�
3: AOQ So r t r ► _ r �
Item No Percent of item Ilar Amount ttem No _ Percent of[tem- DoVar Amount
$as
iDescr[tl f Abova Item'
- � oeeolplbn a nears Item
43
" m -+ Percent of I Dollar Anau Item No Percent of Item Dollar Amount
DesW n of I = Desertption ofAbove Item=
Name - .,, =Name
{
A�
Address
a �l�es (��R.,. q3 �D,
City,5 to ZIP ., _ Cay,State,Zip -..
���.L/�� =(Qo3a.
Fix; Ju'inber-`-- _ -.-- _ - Phare Number -
Emal addressemail address
tJCtnse Number and Clossocaborts - - tkense Number and Cl_Ssiflcatlons.
1011 ID I
..^Item No _ Percent or Itp1n -..- ,- Amount item No -. Percent or Item - Doom Amo rd
.
Description otAhove Item Description of Above[tem'
Mom No,' .Pen>3rtt of Item Dollar Amount Item No Percent of Item Dolar Amou t
-_
Desatpton&Above item prion of Above
ees
pignature
CPO
a,n
NOlE: This torte may De reproduced and aItached behind this page to lst more su tra ,� �- n
BID20f)9`--009 > _ , - 1�;��• ��UP�� 110!Di11�
ESPL.5423(027) Proled Manual-Part
21
S
658615.1
DRAFT 06/4/014:33 PM A-7
7,
City of Atascadero
Ferravanti Grading ancL Paving
Exhibit 15;G1 9-;. e'ncyBiader UDBE Commitment 7onstructlon;C,ontcacts) r
"NOTE:' PLEASE;REFER T. 1WTRU.,CTIONS ON'THR IIgVERSE'rSED OF THIS
'FORM
GENCY: CIfSf OF ATASCADERO LOCATION: ATASCADERO.CA 93422
ROIECT.DESCRMTION: SANTA_ROSA'ROAD REHAB
I MATION
f0TAL CONTRACTtAM :::: G 10 lID DATEcIDDER'S NAME
CONTRACT UDBE GOAL:_Z% -
CONTRACT OF WORK'AND DESCRIPTION.UkW&of UDBE SIAME OF UDBEs. LLAR AMOUNT
rrEM NO. R SERVICES TO BE AND EXPIRATION Must be certified on the date bids UDBE
UBCONTRACTED`OR MATERIALS` ATE opened-iiel"UDBE
BE PROVIDED 02 esa and Dona nut oar` .
d ct~-.� p -'gip. _. -06
1 D
j
3
or Local Age&yI6 Complete l i�vy1•� c�yY�r.
Total Claimed $ I311r1'•>�+
Loca Agency ContiaetNumber: Petieipa o*n.
Federal Aid Project Number FSP1-5423(0271-
ederal S":,
ntrtxt Award Dam:
14
Lociil'Aiipazicycertifies-that all information is wmplete'and—1c-
Sipaque ofB
Print Mame Signature Date s
t' Agency,Repiesentative �V
Date ._ _ .`., Dkicit e)Tel No.
Area Code Tele bona Number..
or'CaltransReviewc ' aqu ,
Person;0 Contact, (Please Type or Print)
Print Name 3ignamre Data L�'A�y Biddc=UDBE Coromirmem ME 3M)
_.- CalvaobDistrrctLocelAssrstenaEngineci _--.-
Distribution: (1)C6py—,Fax or scan a eopy;to the Calnms District Imal`Assismnee Engieeer(DLAE)w ithmz l5 days"of award.':Failure to
,'lead a copy,to the puT wrtbm 15.daya ofaward may,result in d"bligetion of t3mds for"project.
(2)Copyn Include in award package to Caltrans Di i ict Last Assistance
(3)Original-Lacal'agmcy filcv
u{F.
BID 2009-009.
1_ ESPL-542*027) Project Manual-Part B
s 23
rev 5/1/06 A-8
792119.3
Y - :
r
a)G
EXHIBIT B
Compensation and Method of Payment
Senricesprovided as described in,the specifications Santa Rosa Road Rehabilitation, as
Awarded b Atascadero Ci Council to be the Base Bid in the amount of$410,107.46
Y tY
and the_Add Alternate in the amount of$146,541.39 will' ' ot-exceed the total contract
price of$556,648.85. Any additional services not included in the,scope of services must be
approved by a City of Atascadero Change Order priorto performing any additional work. All
additional work authorized by a City Of'
Atascadero Change:Order`-will be compensated at the
same unit cost for the defined services as determined on the bidder's original bid sheet.
Payment for work performed will be issued within 30 days of receipt and approval of invoices.
No invoice will'be approved without receipt and approval of certified payroll records.
Final Payment °
A 10% retention will-be held'for thirty-five days after the Notice of Completion is filed with the
County of San Luis Obispo. The retention will be released upon the City of Atascadero's final
approval and the satisfactory completion of the project.
.'� Contractor agrees that the payment of the,final amount due,under the Contract is contingent
upon Contractor furnishing a release of all claims against the�City„arising by virtue of this
f
contract. Disputed contract claims.in stated amounts may'be`specifically excluded by
Contractor from the operation of the release.
F
I
1
I•
658615.1
_s DRAFT 06/4/014:33 PM B-1
EXHIBIT C
Items Provided by City
None.
658615.1
DRAFT 06/4/014:33 PM C'
r`
EXHIBIT D
Location Schedule
Cz-
e � ,
14
ORT�OLq AVENUCb
E
A tit _ 5 v
PROJECT
LOCATION
- 0 ROTA Iy .
�BRif�
LOCATION MAP
The Santa Rosa Road Rehabilitation-base bid will be constructed on Santa Rosa,Road
from Highway-101 to the Santa Rosa Road Bridge. The Add,Alternate awarded will
' -
`
Highway 41/Morro Road.construction on Santa:Rosa Road from the Santa Rosa Road Bridge'to
iY
658615.1
DRAFT 06/4/014:33 PM D-1
•
i
e;
EXHIBIT E
INSURANCE`REQUIREMENTS FOR CONTRACTORS
J Contractor shall procure and maintain<for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in:connection with the performance
of the work hereunder and the results of that work by the Contractor, his agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any
auto)
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability insurance (for lessees with employees).
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability $1,000,000 per accident for bodily injury and-property damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductiblesvor,self-insured retentions must be declared to and approved by the City. At the option`
of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial
L r, guarantee satisfactory to the City guaranteeing payment�of losses and related investigations, claim
' administration and defense expenses.
658615.1
DRAFT 06/4/014:33 PM E—
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following
provisions:
1. The City,,,its officers, official's, employees and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the
contractor; and with respect toliability arising out of work or operations performed by on on
behalf of the Contractor including materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85)
2. For any claims related to this,project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
4. Coverage shall not extend to 'any indeminity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision,(b)of Section 2782 of the Civil'Code.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish the City with original certificates and.amendatory endorsements effecting
coverage required by this clause. The endorsements shouldbe on,forms provided by the City or on
other than the City's forms, provided those endorsements or policies-conform to the requirements. All
certificates;and endorsements are to be received an
d approved by the City before work commences.. The
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
s Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and„endorsements for each.subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
658615.1
DRAFT 06/4/014:33 PM E'2
EXHIBIT F
of
CITY ATASCADERO DEPARTMENT OF PUBLIC WORKS
k DATA UNIVERSAL NUMBERING SYSTEM (D-U—N—S) NUMBER
F
ubmit this form with the Executed Contract. If you fail to submit your D-U N-S Number,the Department
ill not approve the contract
CONTRACT NUMBER:
CONTRACTOR NAME: Q mst OL V i l�
BUSINESS ADDRESS (D-U-N-S Number Location):
STREET:
CITY: cc � \�S
STATE: CA
ZIP CODE:
D-U-N-S Number:
Contact Name:
Telephone No:
658615.1
DRAFT 06/4/014:33 PM F-1
i
l
EXHIBIT G - FederalForm 1273
_ REQUIRED'CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page related subcontracts of.$10,000 or more.). '
� i. General ....................................,. 1
11: Nondiscrimination ............................. 1 1. Equal Employment Opportunity: Equal employment opportu-
11. Nonsegregated Facilities ........................ 3 nity(EEO)'requirements not to discriminate and to take affirmative
IV. Payment of Predetermined Minimum Wage .. , ..... 3 action to assure equal opportunity as set forth under laws,executive
V: Statements and Payrolls .,......... .... 51 orders,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)
VI.; Record of Materials,Supplies,and Labor ........... 5 and orders of the Secretary of Labor as modified by the provisions
• VII. Subletting or Assigning the Contract 5 prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall
VIII:. Safety: 'Accident:Prevention ....................,.. 6 constitute the EEO and specific affirmative action standards for the
IX. False Statements'Concerning Highway Projects...... 6 contractor's project activities underthis contract.The Equal Opportu-
X. implementation of Clean Air Act and Federal nity Construction Contract Specifications set forth under 41 CFR 60-
Water Pollution Control Act ... ..... 6 4.3 and the provisions of the American Disabilities Act of 1990(42
XI. Certification Regarding Debarment,'Suspension, U.S.C.12101 et sem.)I set forth under CFR 35 and 29 CFR 1630
Ineligibility,and Voluntary Exclusion .... 6 are incorporates by.reference in this contract. In the execution of this
XII. Certification Regarding Use of Contract Funds for contract,the contractor agrees to comply with the following minimum
Lobbying ........................... • 8. 1 specific requirement activities of EEO:
ATTACHMENTS a. The contractor will work with the State highway agency
(SHA)and theTederal`Government in carrying out EEO obligations
A. Employment Preference for Appalachian Contracts and in their review of his/heractivities under the contract.
(included in Appalachian contracts only)
b. The contactor will accept as his operating policy the
I. GENERAL following statement: -
1. These contract provisions shall apply to all work performed on "It is the policy-of this Company to assure that:applicants are
the contract by the contractor's own organization and with the employed,and that employees are treated during employment,
assistance of workers'under the;contractor's limmediate,supennten- without'regard-to their race,'religion,sex,color,national origin,
dence and to all work performed on the contract by piecework,station age or disability., Such action shall include: employment,
work,or by subcontract. upgrading, demotion; or transfer, recruitment or recruitment
advertising,layoff or termination;rates'of pay or other forms of
2. Except as otherwise provided for in each secttori,•he contractor compensation;and selection for training,including apprentice-
shall insert in each subcontract all of the stipulations;contained in ship,preapprenticeship,and/or on-the-job training."
inclusion in an lower tier subcontract or purchase order that may
these Required Contract Provisions, and, further,require
y p ay in . .. 2. EEO Offfcer. The contractor.will designate and make known
tum be made. The,,Required Contract.Provisions shall not be to the SHA contracting officers an EEO Officer who will have the
,incorporated by reference in any case. The prime contractor shall be responsibility for and must be capable of effectively administering and
responsible for compliance by any subcontractor or lower tier promoting an active contractor program ofEEO and who must be
subcontractor with these Required Contract Provisions`. assigned adequate authority and responsibility to do so.
3. A breach of any of the stipulations'contained in these Required 3. Dissemination of Policy: All members of the contractor's staff
Contract Provisions shall'be sufficient grounds for termination of the who are authorized ;to hire; supervise, promote, and discharge
contract. employees,or,who recommend such action,or who are substantially
involved in such action, will be made fully cognizant of, and will
4. A breach of ttie following clauses of the Required'Contract implement,the contractors EEO,policy and contractual responsibili-
Provisions may also be;grounds for debarment as provided in 29 ties to provide EEO ineach grade and classification of employment.
CFR 5.12: To ensure that the above agreement will be met,the following actions
will be taken asa minim_um:
Section I,paragraph 2;
Section IV,paragraphs 1,2,3,4,and 7; a. Periodic~meetings of supervisory and personnel office
Section V,paragraphs 1 and 2a through 2g:, 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
5.Disputes arising out of the labor standards provisions of Section EEO policy and its implementation will be reviewed and explained.
IV,(except paragraph 5)and Section V of these Required Contract The meetings will be conducted by the EEO Officer.
Provisions shall not be subject to the general disputes clause of this .
contract. Such disputes shall be resolved in accordance with the b. All new supervisory or personnel office employyeeswill be
procedures of the.U.S.Department_of Labor(DOL)as set forth in 29 given a thorough indoctrination by the EEO Officer,covedng'all major
CFR 5,6,and 7c.Disputes within the meaning of this clause include .
disputes between the contractor(or any of its subcontractors)and the aspects of the contractor's EEO obligations.within thirty days
I' contracting agency,the DOL,or the contractor's employees or their following their reporting•for duty with the contractor.
representatives.
c. All personnel who are engaged in direct recruitment for the
6. Selection of Labor. During the;performance of this contract, project will be instructed by the EEO Officer in the contractor's
the contractor shall not: procedures for,locating and hiring minority group employees.
a.discriminate against labor from any other State,possession, d.Notices and posters setting forth the contractor's EEO policy
or territory of the United States(except for employment Preference for will be placed in areas readily accessible to employees,applicants for
Appalachian contracts,when applicable,as`specifiediin Attachment employment and'potential employees.
A),or
e. The contractor's EEO policy and the procedures to imple-
' b. employ convict labor for an purpose within the limits of the ment such otic will,be brought to the attention of employees b
j, PY YPrP policy 9Y
project unless it is labor performed by convicts r who are on parole, means of meetings,-employee handbooks, or other appropriate
supervised,release,or probation. means.
II., NONDISCRIMINATION 4. Recruitment: Whenadvertising for employees,the contractor
will include in all advertisements for employees the notation; "An
r
(Applicable to all Federal-aid construction contracts and to all Equal Opportunity Employer."All such advertisements will be placed
Form FHWA-1273(Rev.3-94) Page 1
DRAFT 06/4/014:33 PM G-1
in publications having a large circulation among minority groups in the minority groups and women within the unions,and to effect referrals
area from which the project-work force would normally be derived: by such unions of=minorityand female employees. Actions by the
contractor either directly or through a contractor's association acting
a. The contractor will,"unless precluded bya valid bargaining as agent will`includethe procedures set forth below:
agreement,cond s tematicanddired�ecruitmeq throw hpublic
and private employee referral sours es hike to yield ualified minoritya. The contractor will usebest efforts to develop,in coopera-
Ys 9
roup applicants. To meet this,requirement, the contractor will tion with the unions,hint trainingprograms aimed toward qualifying
identify sources of potential minority,group employees,and establish more minority,group,members and women for membership in the
with such identified sources procedures whereby minority group unions and increasing,'the-skills'of minority group employees and
applicants may be referred to the contractor for employment consider- women so,that they may qualify for higher paying employment.
ation.
b. The contractor will use best efforts to;Incorporate an EEO
b.to the event the contractor has a valid bargaining agreement clause into each union;agreement to the end that such union will be
providing for exclusivehiring,hall referrals,he is expected to observe contractually bound to°refer applicants without regard'to their race,
the provisions of that agreement to the extent that the system permits color,religion„sex,national origin,age or disability.
the contractors compliance with EEO contract provisions. (The DOL
has held'•that where implementation of such agreements have the., c. The contractor into'obtain,information as to the referral
' effect of discriminating against minorities or women,or obligates the practices and policies of the labor union except that to the extent
contractor to do the same,such implementation violates Executive such information is within the exclusive possession of the labor union
Order 11246,as amended.) and such labor union refuses to fumish such information to the
contractor,the contractor shall so certify to the SHA and shall set
c.:The contractor will encourage his present employees to refer forth what efforts have been made to obtain such information.
minority group applicants for employment. Information and proce-
dures with regard to referring minority group applicants will be d. In the event the union is unable to provide the contractor
discussed with employees- with a reasonable flow of minority'and women referrals within the time
limit set forth in the collective bargaining agreement,the contractor
5.Personnel Actions:Wages,working conditions,and employee will, through independent recruitment efforts, fill the employment
benefits shall be established and administered,and personnel actions vacancies without regard to race,color,religion,sex,national origin,
of every type, including hiring, upgrading; promotion, transfer,. age or disability; making full efforts to obtain qualified and/or
demotion, ayoff;'and termination,shall be without regard to qualifiable minority-group persons and women. (The DOL has held
race, color; religion, sex, national origin, age or disability. The that it shall be no excuse that the union with which the contractor has
following procedures shall be followed: - a collective bargaining agreement providing-for exclusive referral
a. The contractor will conduct periodic inspections of project failed to refer minority employees.) In the event the union referral
sites to insure.that working conditions and employee facilities do not practice prevents, the. contractor from meeting the obligations
indicate discriminatory treatment of project site personnel. pursuant to Executive Order 11246,as amended;and these special
provisions,such contractor shall immediately,notify the SHA.
b.The contradorwillperiodically evaluate the spread ofwages
paid within each classification to determine any evidence of discrimi- 8. Selection of Subcontractors,Procurement of Materials and
natory wage practices. Leasing of Equipment: The contractor shall not discriminate on the
grounds of race,color,reli.9ion;sex,national origin,age or disability
c. The contractor will periodically review selected personnel in the selection and retention'of subcontractors,including procure-
actions in depth to determine whether there is evidence of diicrimina- ment of materials and leases of equipment.
tion. Where evidence is found, the contractor will-promptly take
corrective action. If the review indicates that the discrimination may a. The contractor."shall notity all potential subcontractors and
extend beyond the actions reviewed, such corrective _action shall suppliers of his/her EEO obligations under this contract.
include all affected persons.
b.Disadvantaged business enterprises(DBE),as defined in 49
d. The contractor will promptlylnvesti�ate all'complaints of CFR 23, shall have equal opportunity to compete for and perform
alleged discrimination madeto the contractor in connection with his subcontracts which the''contractor enters into pursuant to this
obligations under this,contract, will attempt to resolve,such'com- contract. The contractor will°use his best efforts to solicit bids from
plaints,and will take appropriate corrective action within a reasonable and to utilize DBE subcontractors or subcontractors with meaningful
time. If the investigation indicates that the discrimination may affect. minority group and female representation among their employees.
persons other'than the complainant, such:corrective'action shall Contractors shall obtain lists of DBE construction firms from SHA
Include such other persons. Upon'completion•of each investigation, personnel.
the contractor will inform every'complainant of all of his avenues of
appeal. c.The contractor.will usehis best efforts to ensure subcontrao-
for compliance with their EEO'obligations.
6. Training and Promotion:
9. Records and Reports:The contractor shall keep such records
a. The contractor will assist 'in locating,dqualifying, and as necessary to document- " pHance with the EEO requirements.
increasing the skills of,minority group'and women employees,and Such records shall be retained for a.period of three years following
applicants for employment: completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of the
b.Consistent with the contractor's work force requirements and SHA and the FHWA. '
as permissible under Federal and State regulations,the contractor
shall make full use of training programs, i.e.;,apprenticeship, and a. The records kept by the contractor shall document the
,on-the-job training programs for the geographical Area of contract following:
performance. Wherefeasible,25 percent_of apprentices or trainees
in each,occupation shall;be in their first year of apprenticeship or; (1) The number of minority and non-minority group
training. In the event a special provision for training is provided under, members and women employed in each work classification on the
'this contract,this subparagraph will be superseded as indicated inthe, project;
special provision:
i' (2) The pro.9ress and efforts being made in cooperation
c. The contractor:will advise employees and applicants for; with unions,when applicable,to increase employment opportunities
employment ofavailable training programs and entrance require for minorities and women;
ments for each:
(3),The progress and efforts being made in locating,hiring,
d. The contractor will periodically review the training and w training;qualifying,and upgrading minority and female employees;
promotion potential of minority group and women employees and will'” : and
encourage eligible employees to'applyfor such training and promo-
tion. (4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with'meaningful
7. Unions:if the contractor relies in whole or in part upon unions, minority and female representation among their employees.
as a source of employees,>hecontractor will use his/her best efforts 3
to obtain the cooperation of such unions to increase opportunities for b. The contractors will submit an annual report to the SHA
Page 2 Form FHWA-1273(Rev.3-94)
r
i
658615.1
G-2
DRAFT 06/41014:33 PM
each July for the duration of the project, indica ting'the number of b. Laborers or mechanics performing work'in more than one
minority, women, and :non-minority group employees currently classification may be compensated at the rate specified for each.
engaged in each work classification;requiredby the contract work.. dassificationfor the,ti actually worked therein,provided,that the
This'informationis'to be reported on Form FHWA-1391.elf on-the employyers payroll records accurately set forth the time spent in each
ob training is being required by special'provision,the contractor will" dassificationin which work irspperformed.
111.required
NSEGREIGATED FACILITIES related:training
data. related acts)contrulina ned ns and,i29 CFR 1,3,and.5 aretations of the Davis-Bacon herein
into Act and
re herein incorporated
byreference,in this contract.
''(Applicable to all,•Federal-aid construction contracts and to all'
related subcontracts of$10,000 or more.) 2. Classification:
- a: By submission of this bid, the execution,of this,contract or a. The SHA contracting officer shall require that any class of
subcontract,or the consummation of this material supply agreement laborers or mechanics employed under the contract, which is not
or,purchase order,as appropriate;the bidder,Federal-aid construc listed in the wage determination,shall be classified in conformance
tion contractor, subcontractor, Material supplier,'or vendor; as with the wage determination.
appropriate;certifies that the firm does not maintain orprovide for its`
employees any segregated facilities at any of its establishments,and b.The contracting officershall approve an additional classifica-
that the firm.does not permit its employees to perform their,services tion,wage rate and fringe benefits only when the following criteria
at any location, under its control, where segregated facilities are have been met:
maintained. The firm agrees that a breach ofthis certification is a
violation of the EEO provisions of,this contract. The firm further (1)' the work to be performed by
the additional classifica-
certifies that no employee will be denied access to adequate facilities tion requested,is not performed by a classification in the wage
on the basis of sex or disability. determination;
b.'As used in this certification,the term"segregated facilities" (2)the additional classification is utilized in the area by the
means any waiting rooms,work areas,restrooms and,washrooms, construction industry;
restaurants an6other eating areas,timedocks,locker rooms, and
other storage or dressing areas, parking lots; drinking fountains, (3):the proposed wage rate,including any bona fide fringe
recreation or entertainment areas, transportation; and housing benefits,bears a reasonable relationship to the wage rates contained
facilities provided for employees which are segregated by explicit in the wage determination;and
directive, or are, in fact, segregated on the basis,of race,;color,
religion, national origin, age or disability, because,of habit,`local (4) with respect to helpers, when.such a classification
custom,or otherwise. The only exception;will be for the disabled prevails in the area inwhich the work is performed.
when the demands for accessibility override(e.g.disabled'parking).
c. If the contractor or,subcontractors, as appropriate, the
c.'The contractor agrees that,it has obtained or will obtain laborers and mechanics(ifknown)to be employed in the additional
identical certification from proposed-subcontractors,orm material classification or.their representatives, and the contracting officer
suppliers pdor,to award of subcontracts or consummation of material agree on the classification and wage rate (including the amount a
supply agreements of'$10,000'or more and that it will retain such designated for fringe benefits,where,appropriate), a report of the
certifications in its files. action taken,shall be°sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division,Employment Standards
IV..'PAYMENT OF PREDETERMINED MINIMUM WAGE
Administration,,Washington,"D.C. 20210: ,The Wage and Hour
Administrator,or an authorized representative,will approve;modify,
'(Applicable to all Federal-aid construction contracts exceeding. or disapprove every additional classification action within 30 days of
$2,000 and to all related subcontracts;except for,projects located on receipt and so advise the contracting,officer or will notify the contract-
roadways'dassified as local roads or rural minor collectors,which are ing officer within the 30-day period that additional time is necessary.
exempt.)
d. In the event the contractor or subcontractors,as appropn-
1. General: ate, the laborers-or mechanics to be employed In theadditional
classification or their representatives,and the contracting,officer do
a. All mechanics and laborers employed or`working upon the not agree on the proposed classification'and wage rate(including the
site of the work will be paid unconditionally and'not less often than amount designated,for fringe benefits, where appropriate); the
' once a week and without subs cent deduction oa rebate,on,any contracting officer shall refer the questions,including the views of all
account [except such,payroll deductions,as ar'e,.:permitted by interested parties and the recommendation of the contracting officer,
regulations(29 CFR 3);issued by_the Secretaryof Labor under the. to the Wage' and Hour Administrator for determination. Said
Copeland Act(40 U.S.C.'2766)]the full amounts of wages and_bona Administrator,or an authorized representative,will issue a determina-
fide fringe'benefits (or cash equivalents thereof) due at time of tion within 30 days of receipt and so advise the contracting officer or
payment. The payment shall be'computed-ate
`rates not1ess will notify,the_contracting officer within the 30Lday period that
than those contained in the wage determination of the Secretary of additional time is necessary
_
Labor(hereinafter"thewage determination")which isattachedhereto
and made a part hereof,regardless.of any contractual relationship e. The wage rate(includingfringe benefits where appropriate)
which maybe_alleged to exist between the contractor or its subcon- determined pursuant paragraph 2c or 2d of this Section IV shall be
tractors and such laborers'andmechanics. The wage determination paid to all workers performing.work in the additional classification
' (including any additional classifications and wage•mtes conformed from the first day on which work is performed in classification.
under paragraph 2 of this Section IV and the DOL poster(WH-1321)
of Form'FHWAA495)shall be posted at all times by the contractor 3. Payment of Fringe Benefits:
and its subcontractors at,the site of the,work in a prominent and
accessible place where it can be easily seen by the workers. For the a.Wheneverthe minimum wage rate prescribed in the contract
purpose;of this Section, contributions made!or costs reasonably for a Gass'of laborers or mechanics includes a fringe benefit which
anticipated for bona fide fringe benefitsunder Section l(b)(2)of.the is not expressed as an hourly rate,the contractor or subcontractors,
Davis-Bacon Act(40,U.S.C.276a)onbehalf oflaborers ormechanics as appropriate, shall either pay the benefit as stated in the wage
are considered wages paid to such laborers or mechanics;subject to determination or shall pay another bona fide fringe benefit or an
the provisions of Section,IV; paragraph,3b;.hereof Also, for the hourly case equivalent thereof.
purpose of this;Section,regular contributions,made or costs incurred
for more than a weekly-period (buts not less often than quarterly) b. If the contractor or subcontractor,as appropriate,does not
under plans,funds,or programs,which cover the particular weekly make payments to a trustee or other third person, he/she may
' period,are deemed to be constructively made or incurred during such consider,as a part of the wages of an laborer or mechanic the
weekly period. ,Such laborers and mechanics shall'be paid the amount of any costs reasonably anticipated in providing bona fide
appropriate wage rate and fringe benefits on wage determination fringe benefits under a plan or,program,provided,that the Secretary
for the classificetioiiot work actually performed,without regard'to of Labor has found,upon the written request of the contractor,that
skill,except as provided in paragraphs 4 and 5 of this Section 1V, the applicable standards of the Davis-Bacon Act have been met.The
Secretary of Labor may require the contractor to set aside In a
1 separate:account assets for the meeting of obligations under the plan
or program.
Form FHWA-1273(Rev.3.94) Page 3
658615.1
DRAFT 06/4/014:33 PM G-3
V:
�r
4. Apprentices and Trainees(Programs of the
pp ( g U.S.DOL)and Division determines that there`,is an apprenticeship program assocl- •
Helpers: ated with the corresponding journeyman-level,wage rate on the wage
g
determination which provides for less than full fringe benefits for
a. Apprentices: apprentices,rin which case such,trainees shall receive the same
as apprentices.
O Apprentices
p fringe benefitsln the event the Employment• 1 rentices well be ermitted.to work at less than the... � '
predetermined rate for the work'theyy performed_when they are:' OandTrainingAdministra-
employed pursuant to and individually registered'in a bona fide tion withdraws approval of a training program, the contractor or
I6 apprenticeship program registered with the DOL,Employment and subcontractor will no longer be'permitted to;utilize trainees at less
Training°Administration,Bureau of Apprenticeship and Training,or than the applicable predetermined rate for the work performed until
with'a State apprenticeship agency recognized by the Bureau,or if a an acceptable program is approved.
person is employed in his/her first 90 days of probationary employ-
merit as an,apprentice in such an apprenticeship program,who is not c. Helpers:
individually registered in the program,but who has been certified by.
the Bureau of Apprenticeship and Training'or a State apprenticeship Helpers Will be permitted to work on a project if the helper
agency(where appropriate)to be eligible for probationary employ- classification is specified and defined on the applicable wage
ment as an apprentice. determinationor is approved pursuantto the conformance procedure
set forth in Section IV.2. Any worker listed on a payroll at a.helper
(2) The allowable ratio of apprentices to journeyman-level wage rate,who is not a helper under a approved definition,shall be
employees on the job site in any craft classification shall not be paid not less than the applicable wage rate on the wage detennina-
reater than the ratio permitted to the contractor as to the entire work tion for the classification of work actually performed.
force under the registered'program.rAny employee listed on a payroll
at an apprentice wage rate, who is not registered'or otherwise 5. Apprentices_:and trainees(Programs of the U.S.DOT):
employed as stated above;shall be paid not less than the applicable
9
work crate listed in the wage determination for the classification of Apprentices and trainees working under apprenticeship and skill
actually performed. Inaddition,anyapprenticeperformingwork training programs which have been certified by the Secretary of
on the job site in excess of the ratio permitted underthe registered Transportation as promoting;EEO in connection with Federal-aid
program shall be,paid not less than the applicable wage rate on the highway construction programs are not subject to the requirements
wage determination for the work actually'-performed. Where a of paragraph 4 of this Section IV. The straight time hourly wage rates
contractor or subcontractor is performing construction on a project in for apprentices and trainees under such programs will be established
a locality other than that in which its program is registered,the_ratios by the particular programs.The ratio ofapprenticesand trainees to
and wage rates(expressed in percentages of the journeyman-level journeymen shall not be greater than permitted by the terms of the
hourly rate)specified in the contractor's or subcontractor's registered particular program.
program shall be observed.
6. Withholding:
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the.apprentice's level of The SHA shall upon its own action or upon written request of
progress,expressed as a percentage of the'joumeyman-level hourly an authorized representative of the DOL withhold,,or cause to be
rate specified in the-applicable wage determination., Apprentices withheld,from the contractor or subcontractor under this contract or
shall be paid fringe benefits in accordance With the provisions of the any other Federal contract with the same prime contractor,or any
apprenticeship,pro ram. If the apprenticeship program`does not other Federally-assisted contract subject to Davis-Bacon prevailing
sped fringe benefits,apprentices must be paid ithe.full amount of wage requirements which is held by the same prime contractor;as
fringe benefits listed on the wage determination for,the'applicable much of the accrued:payments or'advances as may be considered
classification. If the Administrator for the Wage,and:HourDivision necessary;to pay laborers and mechanics, including apprentices;
;determines that a different practice prevails`for the applicable, trainees;and helpers,employed bythe contractor or any subcontrac-
apprentice classification,fringes shall be paid in accordance with that for the full amount of wages required by the contract. In the event of
determination: failure.to pay any laborer or,mechanic, including,any apprentice,
trainee,or helper,employed or working on:the site of the work,all or
(4) In the event the Bureau ofApprenticesh_ip and Training, part of the wages required by the contract;the SHA contracting officer
or a State apprenticeship:agency recognized by the.Bureau;with- may;after written notice to the contractor,take such action as maybe
draws approval of an apprenticeship program, the`contractor or necessary to cause the suspension of any further payment,advance,
subcontractor will no longer be permitted to utilize apprentices at less or guarantee of funds until such violations have ceased.
than the applicable predetermined rate for the comparable work
performed by regular employees until an acceptable•program is 7. Overtime Requirements:
approved
No contractor or subcontractor contracting for any part of the
b. Trainees: contract work which may require or involve the employment of
laborers, mechanics;watchmen,or guards(induding apprentices,
(1) Except as provided in 29 CFR 5.16,trainees will not be trainees,and helpers described in paragraphs 4 and 5 above)shall
permitted to work at less than the`predeterrnined rate for the work require or permit any laborer,mechanic,watchman,or guard in any
performed unless,they"are employed pursuant to and individually workweek in which he/she is employed'on such work, to work in
registered In a program which has received prior approval,evidenced excess of 40 hours in such workweek unless such laborer,mechanic,
by formal certification ,by the DOL, Employment'and Training watchman;or guard receives compensation at a rate not less than
Administration: one-and-one=half times his/her basic rate of pay for-all hours worked
in excess of 40 hours in such workweek.
(2)The ratio of trainees to journeyman-level employees on
the jobsite shall not be greater than permitted under the plan 8. Violation:
approved by the Employment-and Training Administration. Any
employee listed on the payroll ata trainee rate who is not registered Liability for Unpaid Wages;Liquidated.Damages: Inthe event
and participating in a training planapproved by the Employment and of any violation of the clause set forth in paragraph 7 above, the
Training Administration shall be paid not less,than the,applicable contractor,and any subcontractor responsible thereof shall be liable
wage rate on the wage determination for the classification of work to the affected employee for his/her unpaid wages. Inaddition,such
' actually performed. Inadditiom any trainee performing work on the contractor and subcontractor shall be liable to the United States(in
job site in excess.ofthe ratiopermitted under the registered program the case of work done under contract for the District of Columbia or
_ shall be paidnot less than the applicable wage rate on the wage a territory,to such District or to such territory)for liquidated damages.
determination for the work actually performed. Such liquidated damages shall be-computed with respect to each
I individual laborer, mechanic, watchman, or guard employyed in
(3) Every trainee must be paid at not less•than the rate violation of the clauseset forth in paragraph 7,in the sum of$10 for
specified In the approved program for his/her level.,of progress, each calendar day on which such employee was required or permit-
expressed as a.percentage of the joumeyrnan4evel hourly rate led to work in excess of the standard work week of 40 hours without
specified in the applicable wage determination. Trainees shall be payment'of the overtime wages required by the clause set forth in
paid fringe benefits in accordance with the provisions of the trainee paragraph 7:
program. If the trainee program does not mention fringe benefits, ;
trainees shall be paid the full amount of fringe benefits listed on the 9. Withholding forUnpaid Wages and Liquidated Damages:
wage determination unless the Administrator of the Wage and Hour
Paye a Form FHWA-1273(Rev.3-94)
.658615.1
G-4
DRAFT 06/4/01 4:33 PM
`• ' The SHA shall upoh1ts own,action or upon written.request of any either directly or indirectly from the full wages.eamed,,other than
authorized representative of the-DOL withhold,'or"cause to be; permissible,deductions as set forth in the Regulations,29 CFR 3;
withheld,from any monies'payable on account of work performed by
the contractor or subcontractor under any such contract or any other`- (3)that each;laborer'or mechanic has been paid not less
Federal`contact With.the,same'prime contractor, dor any other_ that the applicable wage rate`and fringe benefits or cash equivalent
Federally-assisted contract subject to the'Contract Work Hours and for the classification of worked "performed, as specified in the
Safety Standards Act,which is;held by the"same prime contractor; y applicable wage determination incorporated;into the contract.
such sums as may be determined to be'necessary:to satisfy any,
liabilities of such contractor or'subcontractor for unpaid,wages and e: The weekly'submission of a property executed certification
liquidated damages as�provided in the clause set forth in paragraph set forth on,the reverse side of Optional Form WH-347 shall satisf,
8 above. the requirement for submission of the"Statement of Compliance'
required by paragraph 2d of this Section V.
V. STATEMENTS AND PAYROLLS
f. The;falsification,of any of theabove certifications may
(Appplicable to all Federal-aid construction contrails exceeding subject the contactor to civil criminal prosecution under 18 U.S.C.
$2,O O and to all related subcontracts,except for projects located on 1001 and 31 U.S.C.231.
roadways classified as local roads or rural collectors,which are
p ) The contactor or subcontractor shall make the records
exempt.) required under paragraph 2b of this Section available for inspec-
1'. Compliance-with Copeland Regulations(29,CFR 3): tion, copyin ,or transcription by authorized representatives of to
` gg
SHA,the FHWA,or the DOL,and shall permit such representatives
The contractor shall comply with the Copeland Regulations of the to interview employees"during working hours on the job. If the
Secretary of Labor which are herein incorporated_by reference.• contractor or subcontractor fails to submit the required records or to
make them available;the SHA,the FHWA,the DOL,or all may,after
2. Payrolls and Payroll Records: written notice to the contractor,sponsor,applicant,or owner,take
such actions as maybe necessary to cause the suspension of any
a. Payrolls and basic records relating thereto shall be, further payment, advance, or guarantee of funds. Furthermore,
maintained by the contactor and each subcontractor-_duHng-the failure to submit the required records upon request or to make such
course of the work and preserved for a'period of 3 years from the records available maybe grounds for debarment action pursuant to
date of completion of the contrail for all,,laborers, mechanics, 29 CFR 5.12:
apprentices,trainees,watchmen,helpers,and guards working at the
site of the work. VI. RECORD OF MATERIALS,SUPPLIES;'AND LABOR
b. The payroll records shall contain the name,social security 1. On all Federal-aid contracts on the National,Highway System,
number, and address of each such employee;,his or her correct except those which provide solely for the installation of protective
classification;hourly rates of wages paid(including rates of coribibu devices at railroad grade,crossings,those which are constructed on
tions or'costs anticipated'for bona fide fringe-benefits or cash, a force account ordirect labor basis.highway beautification contracts,
equivalent thereof the types described in Section,:1(b)(2)(B)of the and contracts for which the total final construction cost for roadway
deductions'.made and actual-mm a maid: Inaddition,
notation indicatinga 9 Become fam$1,000,000(23 CFR 1335)the contractor shall:
Davis.Bacon Act); daily and wee number of hours worked; and bridge is less than
ntain
whethchian er the employee a does,orroll ords shall does notnormal reside in the labr supplies contained in qr ;with the list to specific materials and
In addition,forPY
Form FHWA-47,"Statement`of Materials and
area as-defined ineAttachment A, paagraphll. Whenever the Labor Used byContractorofHighway Construction Involving Fedeal
Secretary of Labor,pursuant to Section IV,paragaph 3b,has found Funds,"prior to the commencement of work under this contact:
that the Wages of any laborer or mechanic include the amount of,any
costs reasonably anticlpated in providingr,benefits under .a,plan or. b.' Maintain a record of the total•oost of all materials and
program described in Section.l(b)(2)(B)of the Davis Bacon Act,the supplies purchased for and incorporated in work,'and also of the
contractorandeach subcontractor shall maintain recordswhichshow quantities of those specific materials and supplies-listed on Form
a
that the commitment to provide'such benefits is enforceabldJhat the. FHWA-47;and in the units shown on Form FHWA-47. '
affected, nd howthe gas been tedl in cost anticipated or to the actual cost incurred iborers or nn resident engineer,von Form FH A-4on the 7 to of the contact,f o the SHA
Ian or program is financially,responsible,that the plan on program
m WA-47 together With the data required _
providing benefits." Contractors or subcontractors employing in paragraph lb relative to materials and supplies, a final labor
"Writing
apprentices or trainees'under approved programs shall'maintain summary of all contract work indicating the total hours worked and
written evidence of the registration of apprentices and trainees,and the total amount earned. ;
ratios and wage rates prescribed in the applicable programs:
2. At the,prime contractors option;.either a single report covering
c. Each contractor and subcontractor shall furnish,each week , all contrail work or separate reports for the contractor and for each
` in which any contrail work is performed; to'the:SHA resident subcontract shall be submitted.
r engineer a payroll of wage paid'each"of its employees(including
` apprentices,,trainees,and helpers,,described"in Section lV para- VII. SUBLETTING OR ASSIGNING THE CONTRACT
graphs 4 and 5;and watchmen engaged on work during
the preceding weekly payroll period). The payroll submitted'shall set 1. The contactor,shali perform with its own organization contrail
out accurately and completely all of the information required to be work amounting to not less than 30 percent(ora greater percentage
maintained,under paragraph 2b of this Section V. This information if specified'elsewhere in the contact)of the total original contract
;may be submitted in any'fore,desired. Optional Forth WH-347 Is price, excluding any specialty items designated by State.
the A
available•for this.purpose'and maybe purchased from the Superin Specialty items maybe performed by subcontract and the amount of
tendent of Documents(Federal stock number 029-005-0014-1),U S nany such specialty items performed may be deduiled,from the total
Government Printing Office,Washington, D.C.20402:' The=prime`` original contrail price before computing the amount of,work required
contactor is responsible for the submission of copies of payrolls by to,be performed by contractors own organization(23 CFR 635).
all subcontractors. ". a.t "Its r9
d• Each
m I payroll,
signed b thele be actomo sied'by ractoate- workers and paid directly by the prime contractor only
own organization"shall be construed to include and
,ment of Co p , g y owned or rented b the prime contractor,with or without
his/her agentwho pays or supervises the payment of the persons' ° operators. Such term does not Include employees or equipment of.
employed under the,contract and shalt certify the following' 4
(1) that the payroll,for,the payroll period contains the
information required to be maintained under paragraph 2b of this,` r
Section and that such:informationis correct and complete
(2)thafsucti laborer or mechanic(includingi each helper,
apprentice,and trainee)'employed'on the contrail 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
Form:FHWA-1273(Rev.3-94) Page 5
658615.1
DRAFT 06/4/014:33 PM G-5
°g g quantity,or cost of the material used onto be used,or the quantity or
L 'prime contractor.
aaubcontractor,assignee,or agent of quality of the'work performed or to be performed,or the cost thereof R
b. Specialty Items"shall be'construed to be limited to work in connection;with the submission of plans, maps, specifications,
that requires highly specialized knowledge,abilities,or equipment hot-,, contracts,or costs of construction on any highway.or related project
ordinarily available in the,type of contracbng;organizatiions qualifiedsubmitted for approval to the Secretary of Transportation;or
and expected to bid on the contract a whole,and in general are to.. °°'
be limited to,minor components of the overall contract. Whoever knowing/y'makes'any false statement,false representa.
_ f tlon,'false report or false claim with respect to the character,quality,
`2. The contract amount.upon which the requirements:set forth in quantity, oncost of any work performed or to be performed, or
paragraph 1 of SectionVll is computed includes the cost-'of material materals furnished or to`be furnished, in connection with the
and manufactured products which are to be purchased o[produced construction.of any highway_or relatedproject approved by the
by the contractor under the contract provisions. Secretary of Transportation;or
3. The contractor shall furnish(a)a competent superintendent or. Whoeverknowinglymakesanyfalsestatementorfalserepresenta-
supervisor who is employed by the firm,has full authority`to direct tion as to material fact in any statement certificate, or report
~ °_ performance of the work in accordance with the contract require- submitted pursuant to provisions of the Federal-aid Roads Act
menti;and is in charge of,all construction,operationsl(regardtess of approved July 1, 1916, (39 Stat. 355), as amended and supple-
who perforans the work)and(b)such other of its own'organizational mented;
resources(supervision,management,and engineering services)as `
the.SHA contracting officer determines.is necessaryto assure the.. Shall be fined not more that$10,000 orimprisoned not more than
performance of the contract.. 5 yearsor both."
4. No portion of the contract shall be sublet,assigned or otherwise X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
disposed of except with the written consent of the SHA contracting WATER POLLUTION CONTROL ACT
officer,or authorized representative,and such consent when given
shall not be construed to relieve the contractor of any,responsibility' (Applicable Wall Federal-aid construction contracts and to all related
for the fulfillment of the contract: Written consent will be'given only subcontracts of$100;000 or more.)
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and:requirements By submission of this bid or the execution of this contract, or
of the prime contract. subcontract,'as appropriate, the bidder, Federal-aid construction
contractor,or subcontractor,as appropriate,Will be deemed to have
VIII. SAFETY:ACCIDENT PREVENTION stipulated as follows:
1. In the performance of this contract the contractor,shall comply 1. That any facility that is or will be utilized in the performance of this
With.all,applicable Federal,State,and local laws goveming safety, contract,unless such contract is exempt under the Clean Air Act,as
health,and sanitation(23 CFR 635). The contractor shall provide all amended(42)U:S.C. 1857 etseg as amended by Pub.L.91-604),
safeguards,safety devices and protective equipment and ake.any and under the Federal MterPollution Control Act,as amended(33
z other needed actions as it determines, or as the SHA contracting. U.S.C.1251 et seq.,as amended by Pub.L.92-500),Executive Order
officer may determine,to be reasonably necessary to protect the life 11738,and regulations,in implementation thereof(40 CFR 15)Is not
and health of'employees on the job and the safety,of the public'and listed, on the date of contract award, on the U.S. Environmental
to.protect property in connection with the performance of the work Protection Agency(EPA)List of Violating Facilities pursuant to 40
covered by the contract. CFR 15.20.
2: It is a conditionof this contract,and shall be made a condition 2. That the firm agrees to comply and remain in compliance with all
of each subcontract,which the contractor enters into pursuant to this the requirements of Section 114 of the Clean Air Act and Section 308
contract,°that the contractor and any subcontractorshall not permit of the Federal Water Pollution Control Act and all regulations and
any employee,in performance of the contract,to work in surround- guidelines listed thereunder.
ings or under conditions which are unsanitary;hazardous or danger-
` ous to hislher.health'or safety, as determined under construction 3. That the firm shall promptly notify the SHA of the receipt of any
safety and health standards (29 CFR 1926) promulggated,by the communication from the Director,Office of Federal Activities,EPA,
Secretary of tabor,in.accordance With Section 107'of the Contract indicating that a facility that is or will be utilized for the contract is
Work Hours and Safety Standards Act(40 U.S.C.333). under consideration to be listed on the EPA List of Violating Facilities.
3. Pursuant to 29 CFR°1926.3,it is a condition of this contract that 4. That the firm agrees to include or cause to be included the
the Secretary of Labor or authorized representativei thereof, shall requirements of paragraph 1 through 4 of this Section X in every
have right of entry.to any site of,contract performance to inspect or: nonexempt subcontract;and further agrees to take such action as the
investigate the matter of compliance with the construction safely,and government may direct as a means'of enforcing such requirements.
r health standards and to carryout the duties of the Secretary'under
Section 107 of the Contract Work Hours and Safety'Standards Act XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
(40 U.S.C:333). INELIGIBILITY AND VOLUNTARY EXCLUSION
IX FALSE'STATEMENTS`CONCERNINCrHIGHWAY PROJECTS 1. Instructions for Certification-Primary Covered Transac-
tions:
In order to assure high quality and durable construction in confor-
mity with approved plans and specifications and a high degree of (Applicable Wall,Federal-aid contracts-49 CFR 29)
_- reliability on statements and representations made!by engineers,
contractors;suppliers,and workers on Federal-aid highway projects, a:'By signin0 and submitting this proposal,the prospective
it is essential that all persons concerned with the project perform their primary participant is providing the certification set out below.
functions as!carefully,thoroughly,and honestly as possible. Willful.
falsification,distortion,or misrepresentation with respect to any facts b.;The inability of 'person to provide the certification set out
related to the project is'a violation of Federal law: To prevent any below will not necessarily result in denial of participation in this
misunderstanding reganiing the seriousness of these,and similar covered transaction. The prospective participant shall submit an
acts, the followingg notice shall be posted on each`Federal-aid explanation of why'd cannot provide the certification set out below.
highway project`(23 CFR 635) in one or more'places where it is The certification or explanation will,be considered;in connection with
readily available to all persons concerned with the project: the department or agency's determination whether to enter into this
" . transaction.'However;failure of the prospective primary participant
.3 NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID to furnish a certification or an explanation shall disqualify such a
HIGHWAY PROJECTS person from participation in this transaction.
18 U.S.C.1020 reads as follows: c. The.certification in this clause is a material representation
c of fact upon which reliance was placed when the department or
"Whoever, being an officer, agent, or employee of the United agency determined to enter into this transaction. If it is later deter-
States,or of any State or Territory,or whoever,whether a person, mined that the prospective primary,participant knowingly rendered an
association,firm, or corporation,,knowingly makes any false state- erroneous certification,in addition to other remedies available to the
merit,false representation,orfalse report as to the character,quality, Federal Government;the department or agency may terminate this
Page 6 Form FHWA-1273(Rev.3-94)
658615.1
DRAFT 06/4/014:33 PM G-6
4:
transaction for cause of default. Certification Regarding Debarment,Suspension,Ineligibility
and Voluntary Exclusion-Primary Covered Transactions
d.The prospective primary:participant shall provide immediate
written notice to the'departmentoragency to whom this proposal is .'' '1. The prospective primary,participant certifies to the best of its
submitted if anytime the prospective primary partirapant teams that knowledge and belief;that it and its principals
erroneous by reason of changed circumstances. become ;
its certification was erroneous when submitted or"ha
s
a. ,Are not presently debarred,:,'suspended, .proposed for
debannent,'declared:ineligible,or voluntarily excluded from covered
e. The terms"covered transaction "debarred;""suspended," transactions by any'Federal department or agency
y
'excluded,"as used in this clause,have the eanin s set out in the been convicted of or had i 3-year period preceding this proposal
ineligible,""lower tier covered'transaction"" artici ant,"" erson,"
rima covered transaction, " nnci al, " ro osal, and"voluntarily b. Have not
had a civil judgement rendered against them for
Definitions and Coverage sections of rules implementing Executive commission;of fraud,or a criminal offense in connection with obtain-
Order 12549. You may contact the'department or agency to which Ing;attempting to obtain,or,performinga public(Federal',State or
this proposal is submitted for assistance in obtaining a copy of those local)transaction or contract under a public transaction;violation of
regulations. Federal or State antitrust statutes or commission of embezzlement,
i theft,forgery,bribery;falsification or destruction of records,making
I.The prospective primary participant agrees by submitting this false statements,or receiving stolen property;
proposal that,should the proposed covered'transaction be entered'
into,it shall not knowingly enter into any lower tier cowered transac- c.Are not presently indicted for or otherwise criminally or civilly
on with a person who is debarred,suspended,declared ineligible, charged by a governmental entity(Federal, State or local) with
or voluntarily excluded from participation'inthis covered transaction, commission of,any of the offenses enumerated.in paragraph 1b of
unless authorized by the department or agency entering,into this this certification;and
transaction.
d. .Have not within a 3-year period preceding this applica-
g. The prospective primary participant further agrees by tion/proposal had one or more;public transactions(Federal,State or
submitting this proposal that d will include the clause titled"Certifica- local terminated for cause or default.
tion Regarding Debarment,Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered 'Transaction" provided. by the 2. Where the prospective primary participant is unable to certify to
department or agency entering into this covered,transaction,without any of the statements in this certification,such prospective participant
modification,in all lower ter covered transactions,and in all solicita- shall attach an explanation;to this proposal.
tions forlower tier covered transactions.
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 2. Instructions for Certification-Lower Tier Covered Transac-
excluded from the covered'transaction, unless:it knows that the . tions:
certification is erroneous. A participant may`declde the method and
frequency by which it determines the eligibility of its princlpals. Each (Applicable to all subcontracts,purchase orders and other lower
portion of the
sts of Partiesbut is riot 4Excluded From Federal Procurement rocurement tier transactions of 925,000 or more-49 CFR 29)
Li check the p
r or Nonprocurement Programs'y(NonprocureMent list) which. a. B si nin and,subm(tbng this proposal,the prospective
compiled by the General Services Administration. lower tier is providing the certification set out below.
1. Nothing contained in the foregoing"shall be construed to b. The certification in this clause is a material representation
require establishment of a system of records in order to render in' of fact upon which.reliahee was placed-when this transaction was
good faiththe certification required'by this clause. The knowledge entered into. If itis later determined that the prospective,lower'tier
and information of participant is not re4uiredto exceed that which is participant knowingly rendered an erroneous certification,in addition
normally possessed by a prudent person in the ordinary course of to other remedies available to the Federal Government,the depart-
business dealings. ment,oragency with.which this transaction originated may pursue
available remedies,including suspension and/or debarment.,
Except for transactions authorized under,paragraph f of
these instructions,if a participant in covered transaction knowingly c.The prospective lower ter participant shall provide immedi-
enters,into a'lower tier covered transaction with a,person who is ate written notice to the person_ to which this proposal is submitted if
suspended, debarred, ineligible, or voluntarily, excluded from at any time the prospective lower Ger participant teams that its
parficipation in this transaction,in addition to otherremedies available certification was'erroneousbyreason ofchanged circumstances.
to the Federal Government,the department or agency may terminate.
this transaction for cause or default. ' d.The terms"covered transaction""debarred;""suspended,"
"ineligible," "primary covered transaction,''"participant;" "person,"
"principal" "proposal," and "voluntarily•excluded,"as used,in this
• •• clause,have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance
in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into;it shall not knowingly enter4into any lower 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"Certifica-
?;. tionAegarding Debarment,Suspension, Ineligibility and Voluntary
Ezclusior►-Lower Tier Covered Transaction,"without modification,in
all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g.'A participant in a covered transaction may rely upon a .
certification:of a prospective participant in w lower tier covered
transaction that is not debarred,suspended,'ineligible,or voluntarily
excluded,from the covered transaction, unless it knows that the
certificalionis erroneous. A participant may decide the method and
Form FHWA-1273(Rev.3=94) Page 7
r 658615.1
DRAFT 06/4/014:33 PM G-7
µ' frequency by which it determines;the eligibility of its principals. Each - , XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
pp (ApOR LOBBYING
List. p
artiGpant may;but is not required ao,check the Nonprocurement
, F
plicable to all Federal-aid construction contracts and to all
- h., Nothing contained in the foregoing shall be construed to related subcontracts whircK exceed;$1100,000-49 CFR 20)
require establishment of a system of records'irrorder to render in
good'faith the certification required by this clause.-The knowledge 1
,The prospective participant certifies,by,signing and submitting
and informatioKofparticipant is not'required to exceed that,which is this bid or proposal,to the best of.his or her knowledge and belief,
normally possessed by a.prudent person in'the ordinary'course of. that:
business dealings:,
a. No Federal appropriated funds have been paid or will be
i.' Except for transactions authorized under paragraph a of. paid,by or on behalf of the undersigned,to any person for influencing
these instructions,if a participant in a covered transaction knowingly or attempting to influence an officer or employee of any Federal
enters into a lower tier covered transaction'with a person'who is agency,a Member of Congress,an officer or employee of Congress,
suspended, debarred, ineligible, or voluntarily excluded from or an employee of a Member of Congress in connection with the
susparpended, .deba transaction,lnaddition toother remedies available awarding ofany Federal contract,the making of any Federal grant,
to the Federal Government,the department or agency,with which this the making of any Federal loan,the entering into of any cooperative
transaction originated may pursue available remedies,'including agreement,and the extension,continuation,renewal,amendment,or
suspension and/or debarment. 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
Certification Regarding Debarment,Suspension;'Inetigiblitty to influence an officer or employee of any Federal agency,a Member
and Voluntary Exclusion-Lower Tier Covered Transactions: of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with this Federal contract,grant,
1. The,prospective lower tier participant certifies,by submission of loan,or cooperative agreement,the undersigned shall complete and
_ this proposal,that neither it nor its principals is presently debarred, submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in
suspended,proposed for debarment,declared ineligible,or-volun- accordance with its instructions.
tarty excluded from participation in this,transaction by any Federal 2: This certification is'a material representation of fact upon which
department or agency.
reliance was,placed when this transaction was made or entered into.
2. Where the prospective lower tier participant is unable to certify Submission of this certification is a prerequisite for making or entering
to any of the statements in this certification,6 such prospective into this transaction imposed by 31 U.S.C. 1352: Any personwho
participant shall in explanation o this proposal. of not ofile lessthe than$10,000,a d uired not morion e thll an$100 000 foect to a r each such
• •• failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shalt require that the language of this
certificationbe included inall lower tier subcontracts,which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
Form FHWA-1273(Rev.3'
Page 8
658615.1
DRAFT 06/4/014:33 PM G-8
ATTACHMENT A- EMPLOYMENT PREFERENCE FOR x (c)the date on which he estimates'such employees will,be required,
APPALACHIAN CONTRACTS and(d)ntiSany,other pertinant information required by the State E_mploy-
(Applicable to Appalachian contracts only.) k, meervice to complete the job order form.'The job order may be
placed with the State Employment Service in writing or by telephone.
1. During the performance of this contract,the contractor under- If during the course of the contract work,the 1 wro oration submitted by
taking to do work which is,or reasonably may be,done as on-site r the'contractor in the original! border is substantially modified,he
work,shall give,preference to qualified persons who regularly reside shall promptly notify the State Employment Service.
In the tabor area as designated by the DOL wherein the contract work
is situated,or the subregion,or the Appalachian counties of the State 3. The contractor shallgive full consideration,to all qualified 1'ob
wherein;the contract work is situated,except: applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants
a. To'the extent that qualified personsregularly residing in who,in his opinion,are not qualified to perform the classification of
the area are not available. work required.
b. For the reasonable needs of the contractor to employ ,;4.-If,within 1 week following the placing of a job order by the
supervisory or specially experienced personnel necessary to assure contractor with the State Employment Service,.the State Employment
an efficient execution of the contract work. Service is unable to refer any qualified job applicants to the contrac-
tor or less than the,number requested, the State'Employment
c. For the obligation of the contractor to offer employment to Service will forward a,certificate to the,,contractor indicating the
present or former emplo�yees as the result of a lawful collective: unavailability of applicants. Such certificate shall be made a part of
bargaining contract,providedthat the number ofnonresident persons the contractor's permanent project records. Upon receipt of this
employed under this subparagraph 1 c shall not exceed 20 percent of certificate,the contractor-ma employ persons who do not normally
the:totalnumber of employees'employed by the contractor on the reside in the labor area to fill positions covered by the certificate,
contract work,except as provided in subparagraph 4 below. notwithstanding the provisions of subparagraph 1 c above.
2. The contractor shall place a job order with the State Employ- 5. The contractor shall include the provisions of Sections 1
ment Service indicating (a) the classifications of the laborers, through 4 of this Attachment A in every subcontract for work which is,
mechanics and other employees required to perform the'contract or reasonably maybe,done as on-site work.
'work,(b)the number of employees required in each:classification,
y
. 4 ,
1
iL
'f
Form FHWA-1273(Rev.3-94) Page a
_ 658615.1
DRAFT 06/4/014:33 PM G-9
EXHIBIT H
Federal Wage Rates 5/18/2010
GENERAL DECISION: CA20100019 04/16/2010 CA19
Date: April 16, 2010
General Decision Number: CA2010d019 04/16/2010
Superseded General Decision Number: CA20080019
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: San Luis Obispo County in California.
BUILDING, DREDGING (does not include hopper dredge work) , HEAVY
(does not include water well drilling, AND HIGHWAY
CONSTRUCTION PROJECTS
Modification Number Publication Date
0 03/12/20i0
1 03/-26/-2010
2 04/02/2010
3 04/16/2010
ASEE0005-002 01/01/2010
Rates Fringes ,
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) . . . . .$ 32.93 15.32
Fire Stop Technician
(Application' of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24.21 13.76
Y -
-----------------------------------
-------------------------__- - ----------.-
ASBE0005-004 01/01/2010 � .
Rates Fringes
Asbestos Removal
worker/hazardous material
handles (Includes
preparation, wetting,
658615.1
DRAFT 06/4/014:33 PM H-1
f
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not).. . . .$ 18.85 8.03
----------------------------------------------------------------
BOIL0092-004 10/01/2009
Area within a 25 mile radius of City of Santa Maria
Rates Fringes
BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 40.22 22.26
----------------------------------------------------------------
BOIL0549-007 01/01/2009
Remainder of County outside a 25 mile radius of City of Santa
Maria
Rates Fringes
BOILERMAKER. . . . . . . . . . . . . . . . . . . .$ 37.01 22.25
----------------------------------------------------------------
BRCA0004-006 05/01/2009
Rates Fringes
BRICKLAYER; MARBLE SETTER. .... . . . . .$ 35.20 10.60
----------------------------------------------------------------
BRCA0018-008 06/01/2008
Rates Fringes
MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 25.52 9.08.
TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 21.07 7.88
----------------------------------------------------------------
BRCA0018-011 08/01/2009
Rates Fringes
TILE LAYER. . . . . . . . . . . . . . . . . . . . . . .$ 30.04 10.84 =
CARP0409-001 07/01./2009
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer. . . . . . . . . . . . . . . . ..$ 37.35 10.58
(2) Millwright. . . . . . . . . .$ 37.85 10.58
(3) Piledriver/Derrick
Bargeman, Bridge or Dock
658615.1
DRAFT 06/4/014:33 PM H-2
F '
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
F;4 (Commercial) . . . . . . . . . . .$ 37.48 10.58
(4) Pneumatic Nailer,
Power Stapler. . . . . . . . . . . . . . .$ 37.60 10.58
(5) Sawfiler. . . . . . . . . . . . ... ..$ 37.44 10.58
(6) Scaffold Builder. . . . . . .$^28.55 10.58
(7) Table Power Saw
Operator. . . . . . . . . . . . . . . . . .$ 37.45 10.58
FOOTNOTE: Work of forming in the construction of, open cut
sewers or storm drains, onoperationsin which horizontal ;
'lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled •holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers) : $0.13 per hour additional. Certified Welder
$1..00 per hour premium.
----------------------------------------------------------------
CARP0409-005 07/01/2009
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER. . . .$ 37.35 10.58
STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 6:67
CARP0409-008 07/01/2008
Rates Fringes
, T Modular Furniture Installer. . . . . .$ 19.00 7.41
ELECO011-002 02/01/2010
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System s
Installer... . . . . . . . . . . . . . . . . .$ 26.99 3%+8.64
Technician. : . . . . . . . . . . . . . . . .$ 28.79 3%+8.64
SCOPE OF WORK:
Installation, ztesting, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: -TV
monitoring and surveillance, background-foreground music,
intercom and telephone interconnect, inventory control..,
systems,,microwave transmission, multi-media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information
658615.1
DRAFT 06/4/014:33 PM H-3
and/or control systems that are intrinsic to the above
listed systems; inclusion'-jor exclusion of terminations and
testings of conductorsdetermined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall -be performed at the current
inside wireman total cost package.
----------------------------------------------------------------
ELEC0639-001 06/01/2009
Rates Fringes
Electricians
Wireman/Technician. . . . . . . . . .$' 32.20 3%+15.25
FOOTNOTES:
CABLE SPLICER: 101k additional per hour above
Wireman/Technician basic hourly 'rate.
Work from trusses, swinging' scaffolds, open ladders,
scaffolds, bosun chairs, ,st"acks or towers, where subject -to
a direct fall from the ground floor or support structure
from a distance of f-ifty. (50') feet to ninety (90) feet: to
be paid time and one-half. Work from trusses, swinging
scaffolds, open ladders, scaffolds, bosun chairs, stacks or
towers, where subject to a direct fall from the ground
floor or support structure from a distance over ninety ('90)
feet: to .be paid double the regular straight time rate of
pay. Where workers are required to work under compressed
air or,'in areas where injurious gases, dust or fumes are
present` in amounts necessitating the use of gas masks or
self-contained breathing apparatus (particle masks are not
considered self-contained breathing apparatus) or where
workers work on poles at a distance of seventy-five (75)
feet or more from the ground:: to be paid a bonus of
straight 'time pay. This shall; be at a minimum of one hour,
a nd` 'thereafter, each succeeding hour or fraction thereof .
shall constitute an hour at the bonus rate. Tunnel work:
to be-paid at the time and one-quarter hourly rate.
---------------------------------------------------------
ELEC1245-001 06/01/2009
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer. .$ 44.47 1-3.11
(2) Equipment specialist
_ (operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below) , overhead &
658615.1
DRAFT 06/4/014:33 PM H-4
H `
underground distribution
line equipment) . . . . . . . . . . .$ 35.52 12.07
(3) Groundman. . . . . . . . . . . . . .$ 27.17 11.82
(4) Powderman. . . . . . . . . . . . . . .$ 39.71 12.23 z
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, 'Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
} ELEV0008-003 01/01/2010
Rates Fringes
ELEVATOR MECHANIC. . . . . . . . . . ... . . . .$ 54.89 20.035
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5 x
years of service, and 6% for` 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
n Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGIO012-003 07/01/2009
Rates Fringes
OPERATOR: Power Equipment
(All Other" Work)
GROUP 1. . . . . . . . . . . .,$' 36.83 17.22
GROUP 2... . . . . . . . . . . . . . . . . . .$ 37.61 1,7.22
GROUP 3.. . . . . . . . . . . . . . .. . . .$ 37.90 17.22
GROUP 4 . $ 39.39 17.22
GROUP 5. . . . . . . . .$ 40.49 17.22
GROUP 6. . . . . . . . . . . . . . . . . .$ 39.61 17.22
GROUP 7: . . . . . . . . . . . . . •$ 40.71 17.•22
GROUP 8. . . . . . . . ,'$ 3,9.72 17.22'
GROUP 9.. _ .$ 40.82 17.22
GROUP 10`. . . . .$ 39.84 17.22
GROUP 11... . . . . . . . . . . . . . . . .$ 40.94 17.22
GROUP=12. . .. 4 . . . . . . . . . . . . . . .$ 40.01 17.22 'r
GROUP 13. . . . . . . . . . . . . . . . . . . .$ 40.11 17.22
GROUP 14. . . . . . . . . . . . . . . . . . . .$ 40.14 17.22
GROUP 15. . . . . . . . . . . . . . . . . . . .$ 40.22 17.22
GROUP 16. . . . . . . . . . . . . . . . . .$ 40.34 17.22
GROUP 17:. . . . . . . . . . . . . . . . . . . .$ 40.,51 17.22
GROUP 18 . . . . . . . . . . . . . . . . .$, 40-611 17.22
GROUP 19. . . . . . . . . . . .$ 40.72, 17.22
GROUP 20 . . . . . . . . . . . . . . . . . . .$ 40.8417.22
GROUP 21. . . . . . . . . . . . . . . . . . ..$ 41.01 17.22
GROUP 22. . . . . . . . . . . . . . .. . ... .$ 41.11 17.22
GROUP 23. . . . . . . . . . . . . . . . . . .$ 41.22 17.22
GROUP 24. . . . . . . . . . . . . . . . .$ 41.34 17.22
GROUP 25. . . . . . . . . . . . . . . .$ 41.51 17.22
OPERATOR: Power Equipment
(Cranes, Piledriving &
658615.1
DRAFT 06/4/014:33 PM H-5
Hoisting)
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 38.18 17.22
GROUP > 2. . . . . . . . . . . . . . . . . . . .$ 38.96 17.22
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 39.25 17.22
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 39.39 17.22
GROUP 5. . . . . . . . . . . . . . . . . . . .$ 39.61 17.22
GROUP 6. . . . . . . . . . . . . . . . $ 39.72 17.22
GROUP 7. . . . . . . . . . . . . . . . . . . .$ 39.84 17.22
GROUP 8. . . . . . . . . . . . . . . . . . . .$ 40.01 17.22
GROUP 9. . . . . . . . . . . . . . . . . .-. .$ 40.18 17.22
GROUP, 10. . . . . . . . . . . . . . . . . . . .$ 41.18 17.22
GROUP 11. . . . . . . . . . . . . . . . . . . .$ 42.18 17.22
GROUP 12. . . . . . . . . . . . . . . . . .. . .$ 43 .18 17.22
GROUP 13. . . . . . . . . . . . . . . . . . . .$ 44.18 17.22
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 38.68 17.22
GROUP 2. . . . . . . . . . . . . . . .
-.$ 39.46 17.22
GROUP 3 . . . . . . . . . . . . . . . . . . . .,$ 39.75 17.22
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 39.89 17.22
GROUP 5. . . . . . . . . . . . ., . . . . . •$ 40.11 17.22
GROUP* 6. . . . . . . . . . . . . . . . . . . .$ 40.22 17.22
GROUP 7. . . . . . . . . . . . . . ... . . . .$ 40.34 17.22
PREMIUM PAY:
$3 .75 per hour shall be paid on all Power Equipment Operator
work on the followng Military-Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo,, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP, 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ;
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes Toed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant) ; Petromat laydown machine; PJU
side dum jack;' Screening and 'conveyor machine operator, (or
similar types) ; Skiploader (wheel type up to 3/4 yd.
without attachment) ; Tar pot fireman; Temporary heating
658615.1
DRAFT 06/4/014:33 PM H-6
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground) ;
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type) ; Boring machine operator; Boxman or mixerman
(asphalt or concrete) ; Chip`spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable) ; Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum') ; Equipment greaser- (grease
truck) ; Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra-hammer-aero stomper; 'Micro Tunneling (above ground
tunnel) ; Power concrete curing machine operator; Power .
concrete saw operator; Power-driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw/Trencher;
Roller operator (compacting) ; Screed operator (asphalt or
concrete) ; Trenching machine operator (up to 6 ft.) ; Vacuum
or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) .
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type) ; Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type) ; Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or„similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed) , Jackson track
maintainer, or similar type Kalamazoo Switch tamper, or
similar type.; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt) ; Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar) ; Micro tunnel system
(below ground) ; Pavement breaker operator (truck mounted) ;
Road oil mixing machine operator; Roller operator (asphalt
or finish) , rubber-'tired earth moving equipment (single
engine, up to and including ,25 yds. struck) ; Self-propelled
tar pipelining machine operator; Skiploader operator, `
(crawler and wheel type, over 3/4 yd. and up to and
Y' includingkl=1/2'yds. ) ; Slip form pump operator (power
driven hydraulic lifting device for concrete forms) ;
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types) ; Tugger hoist operator (1
drum) ; Ultra high pressure„waterjet cutting tool system
operator; Vacuum blasting machine operator
658615.1
H-7
DRAFT 06/4/014:33 PM
GROUP 7: Welder - General
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing) ; Asphalt. paving p
vin machine operator Barber Greene
n
or similar type) ; Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd. ) , small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work) ; Compactor operator (self-propelled) ; Concrete -mixer
operator (paving) ; Crushing plant operator; Drill Doctor;
Drilling machine operator, ;Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum) ; Elevating grader operator;
Grade checker; Gradall operator; ,.Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type Le'Tourneau blob compactor or
similar type; Loader operator ,(Athey, Euclid, Sierra and
similar types) ; Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; ;Pneumatic concrete placing
machine operator (Rackley-'Presswell or similar type) ;
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding .caisson type) ; Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck) ; Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck) ;
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit) ; Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds. ) ; Soil remediation plant
I: operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 10o flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine) ; Tractor operator (boom attachments) , Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating) ; trenching Machine with Road Miner
attachment (over 6 ft depth capacity) : Ultra high pressure
waterjet cutting tool system mechanic Water pull
5` (compaction) operator
GROUP 9: Heavy_Duty Repairman
GROUP 10: Drilling machine operator, Bucket' or auger types
(Calweld 200'B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum) ; Dual drum mixer,
dynamic compactor LDC350 (or'similar types) ; Monorail
locomotive operator (diese°l, .'gas or e'lectric) -Motor
patrol-blade operator (single engine) ; Multiple engine
F
658615.1
DRAFT 06/4/014:33 PM H-8
tractor operator (Euclid and similar type-except Quad 9
cat. ) ; Rubber-tired earth-moving eq-Liipment. operator (single
engine, -over 50 yds. struck) ; Pneumatic pipe ramming tool
andsimilar types'; 'Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck) ; Rubber tired earthmoving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck) , Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds. ) ; Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
' Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175maximum) ; Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine) ;
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine,. Euclid, Caterpillar
and similar type, over 50 cu. yds.; struck) ; Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
r self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;.
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional) ;
Wheel excavator operator (over 750 cu. yds. )
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck) ; Rubber-tired' earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single, engine,
over 50 yds. struck) ; Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with-push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck) ;
658615.1
DRAFT 06/4/014:33 PM H-9
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
4 operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types) ;
Rubber-tired earth-moving equipment operator, operating in.
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with; any
and all attachments over 25 yds'.and up to and including 50
cu. yds. struck) ; Rubber-tired earth-moving equipment
operator, operating in tandem ('scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
�, single engine, over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth,-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single-engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds_-. struck) ; Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
658615.1
DRAFT 06/4/014:33 PM H-1 0
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes Toed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3 : A-frame or winch truck'operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type) ; Tugger hoist operator (1 drum)
GROUP 6: Bridge craneroperator;i Cretor crane operator; Hoist
operator (Chicago boom and similar type) ; Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types) ; Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type) ; Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc) ; Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity) ; Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity) ; Hoist
_ operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity) ; Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds. , M.R.C. )
GROUP 9: Crane operator (over 25 tons and up to and including
50'tons`mrck Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons 'up to and including 50 tons mrc) ; K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10; Crane operator Cover 50 tons and up to and
including 100 tons mrc) ; Derrick barge operator (over '50
tons up to and including 100� tons mrc) ; Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc) , Mobile tower crane operator
(over 50 tons, up to and .including 100 tons M.R.C.) ; Tower
crane operator and tower gantry
658615.1
DRAFT 06/41114:11 PM H-11
i',
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc) ; 'Derrick barge operator (over 100
tons up to and including 200 tons mrc) ; Hoist operator;
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc) ; Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc) ; Derrick barge operator (over 200 tons up to
and including 300 tons mrc) ; Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc) ; Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons) ; Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons) ;
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck) ;
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms) ; Tugger hoist operator (1 drum) ;
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ;
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types) ;
Mucking machine operator (1/4 yd. , rubber-tired, rail or
track type) ; Pneumatic concrete placing machine operator
(Rackley-Presswell or similar type) ; Pneumatic heading
shield (tunnel) ; Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum) ;
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all. of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
658615.1
DRAFT 06/4/014:33 PM H-12
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the NW 1/ of Section 6, T27S, R42E, Mt. Diablo
Meridian. Continue North to the intersection with the Inyo
County Boundary at that point which is the NE corner of the W M
of the N V4 of Section 6, T25S, R42E, MDM. Continue W along the
Inyo and San Bernardino County boundary until the intersection
with Kern County, as that point which is the SE corner of
Section 34, T24S, R40E, MDM. Continue W along the Inyo and
Kern County boundary until the intersection with Tulare County,
at that point which is the SW corner of the SE 1/, of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S',
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
., W to SW corner of SE 1/ of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of RlE, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM '(Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue- S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T8S, R10E, SBM:,
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and 'San Diego Counties:, ,along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
fine. Follow the California state line west to Arizona state
line, then ,north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and Sah ,Luis' Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the, west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to, the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
658615.1
DRAFT 06/4/014:33 PM H-13
the SE 1/ of Section '321 T7N, R24W, SBM. Continue E along the
south edge of T7N, SBM to the SE corner to T7N, R21W, SBM.
Continue N along East side of R21W, SBM to Ventura County and
Kern County boundary at the NE corner of TBN, R21W. Continue W
along the Ventura County and Kern County boundary to the SE
corner of T9N, R21W. Continue North along the East edge of
R21W, SBM to the NE corner of T12N, R21W, SBM. ' Continue 'West
along the north edge of T1'2N, SBM to the SE corner of T32S,
R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S
MDM] . Continue North along the East side of R21E, MDM to the
Kings County and Kern County border at the NE corner of T25S,
R21E, MDM, continue West along the Kings County and Kern County
Boundary until the intersection of San Luis Obispo County.
Continue west along the Kings County and San Luis Obispo County
boundary until the intersection with Monterey County. Continue
West Along the Monterey County and San Luis Obispo County
boundary to the beginning point at the NW corner of T25S;, R16E,
MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
W % of the NW 1/, of Section 2, TBS, R29E, MDM. Continue SSE
along the entire western boundary of Inyo County, until the
intersection with Kern County at the point which is the SW
corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E
along the Inyo and Kern County boundary until the intersection
with `San Bernardino County at that point which is the SE corner
of section 34, T24S, R40E, , MDM. Continue E along the Inyo and
San Bernardino County boundary until the point which is the NE
corner of the W M of the NW Y4 of Section 6, T25S, R42E,, MDM.
Continue S to that point which is the SW corner of the NW 1/ of
Section 6, T2.7S, R42E, MDM. Continue E in a straight line to
the California and Nevada state border at the point which is
the NW corner of Section 1, T17N; R14E, San Bernardino
Meridian. Then continue NW along the state line to the
starting point, which is- the center of Section 18, T10N, R22E,
MDM.
658615.1
DRAFT 06/4/014:33 PM H-14
EXHIBIT
SECTION 8 - FEDERAL REQUIREMENTS FOR FEDERAL-AID PROJECTS
GENERAL.—The work herein proposed will be financed in
whole or in part with Federal funds-, and therefore all of the (This form need not be filled in if-all joint venture firms are
statutes, rules and regulations promulgated by the Federal DBE owned.)
Government and applicable to work financed in whole or in
partwith Federal funds will apply to such work. The 1. Name of Dint venture
"Required Contract Provisions, Federal-Aid Construction 1
Contracts, "Form FHWA 1273, are included in this Section
14. Whenever in said required contract provisions
„references are made to "SHA contracting officer," "SHA 2.Address of joint venture
resident Engineer," or "authorized representative of the
SHA," such references shall be construed to mean
"Engineer" as defined in Section 1-1.18 of-the Standard
Specifications. 3. Phone number of joint venture
PERFORMANCE OF PREVIOUS_,CONTRACT.—In ad-
dition to the provisions in Section 11,"Nondiscrimination,"and
Section VII,"Subletting or Assigning the Contract,"of the re- 4. Identify the firms which comprise the joint venture.
quired contract provisions, the Contractor shall comply with �y
the following: (The DBE partner must complete Schedule A.)
The bidder shall execute the CERTIFICATION WITH
REGARD TO -THE PERFORMANCE OF PREVIOUS
CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND'THE FILING OF
REQUIRED REPORTS located in the'.proposal. No a. Describe the role of the DBE firm in the joint ven-
request for subletting or assigning any, portion of the
contract in excess of$10,000 will be considered under the lure
provisions of Section VII . of the; required contract
provisions unless-..such request is accompanied by the
CERTIFICATION referred to •above, executed by the
proposed subcontractor. b.Describe very briefly the experience and business
NON-COLLUSION PROVISION'.—The provisions in this qualifications of each non-DBE joint venturer:
section are applicable to all contracts except contracts for q
Federal Aid Secondary`projects.
Title 23,'United States Code, Section 112, requires as a
condition precedent to approval by the Federal Highway
Administrator of the contract.for this work that,each bidder
file a swom statement executed by, or.on behalf of, the 5.Nature of the joint venture's business
person, firm, association, or corporation-to whom such
contract is to be awarded, certifying thatsuch person, firm,
association, or corporation .has, not,- either directly or
indirectly, entered into any agreement, participated inany 6. Provide a Dopy of the joint venture agreement.
collusion, or otherwise taken any action in restraint of free
competitive bidding:in connection with the submitted bid. A 7.What is the claimed percentage of DBE ownership?
form to make the non-collusion affidavit statement required
by.Section 112 as a certification under'penalty of perjury
rather'than as a swom statement as permitted by 28, USC,
Sec. 1746,is included in the proposal.-
PARTICIPATION BY DISADVANTAGED BUSINESS EN- 8 Ownership of joint venture: is need not be filled in
TERPRISES IN SUBCONTRACTING,—Part 26, 'Title 49, p
Code of Federal Regulations applies to this 'Federal-aid if described in the joint venture agreement, provided by
project. Pertinent sections of said Code are incorporated in 1 g
part or in its entirety within other sections of these,speciat
provisions. question 6.) .
Schedule B=Information for Determining';Joint. Venture
Eligibility'
FR-1
Revised 3-95
08-07-95
I-1 -
3 .............................................................................
a. Profit and,loss sharing. •••••••••••••
b.,Capital contributions, including equipment. Name of Firm Name of Firm
-c.Other applicable ownership interests.
firm" w . :..:........................g ...................
9. Control of and participation in this contract. Identify by Signature. Signature
name, race, sex, and
those individuals(and their titles)'
who are responsible for day-to-day management jand,policy ........ ••••••••••••••••••••••••••••••••••••........................`•"•`••
decision making,„including, but not limited to, those with Name Name
primeresponsibility for:
.................. ........................................... .................
TitleTitle
a 'Financial decisions
...................................................................
Date Date
b. Management decisions,such as:
Date
1. Estimating State of
'
County of
2. Marketing and sales
On this day of 19 _, before me
3. Hiring.and firing of management personnel P appeared (Name) to me personally
known, who, being duly sworn, did execute the foregoing affi-
4.Purchasing of major items or supplies davit,and did state that he or she was properly authorized by
(Name of firm) to execute the
affidavit and did so as his or her free act and deed.
c. Supervision of field operations
Notary Public
Commission expires
Note.—If,afterfilingthis Schedule B and before the,comple-
tion of the joint venture's work on the contract covered by this [Sea[]
regulation, there is any significant=chanse' in the,,,information Date
submitted, the joint venture must inform the grantee;either di-
rectly or through the prime contractor if the point venture is a State of
subcontractor.
Affidavit County of
'The undersigned swear.that the foregoing statements are On this _Aa y of 19 _; before me
correct and include all material information necessary to , to. me personally
identify and explain the terms and operation of our joint venture appeared ; (Name)
and the•intended participation,,by each joint venturer in the known, who, being sworn, did execute the foregoing affi-
undertaking': Further,the undersigned covenant and-agree to g dul`y
provide to grantee current, complete and accurate information
regarding actual joint venture work and the payment therefor davit, and did state that he or she was properly authorized by
and any proposed °changes in any of the joint ,venture to execute
arrangements-and to permit the audit and examination of the (Name of firm)
books, records and files of the joint venture, or those of each the affidavit and did so as his or her free act and deed.
joint`venturer relevant to the point venture, by authorized,
representatives of the grantee or the Federal funding agency. Nota Public
Any material misrepresentation will be grounds for'terminating Notary
any contract which may be.awarded and for initiating action Commission expires
under Federal or State laws concerning false statements.
[Seaq
Acknowledged 06/02/10:-'
. yl C/i FR-2
Gary Ferravanti
'Ferravanti'Grading & Paving
-2