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HomeMy WebLinkAbout2015-004 Papich HWY 41 MP Pathway CITY OF ATASCADERO CONTRACT FOR PAPICH CONSTRUCTION CO., INC. for HIGHWAY 41 MULTI-PURPOSE PATHWAY REBID BID NO. 2014-013 0 {1918 A t9t9 8 7 r CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO PAPICH CONSTRUCTION CO., INC. THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City"), and PAPICH CONSTRUCTION CO., INC. ("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 requested by 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: 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. 1 City of Atascadero , PAPICH CONSTRUCTION CO., INC. 13. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it 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 receipt of the Notice to Proceed, 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, 2015, 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 services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. City of Atascadero PAPICH CONSTRUCTION CO., INC. 5. SUPERVISION, 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 Manager may use any reasonable means to monitor performance and the Contractor shall comply with the City's Manager'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 agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. 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 to perform the services required under this Contract and shall obtain the approval of the City Manager 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. The obligations of the Surety on the Faithful Performance Bond shall survive the termination of this Contract. City of Atascadero PAPICH CONSTRUCTION CO., INC. 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 amendments 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 City Manager. 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 care 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 City Manager. 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 to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. 4 'i City of Atascadero PAPICH CONSTRUCTION CO., INC. 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 approval of 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 imply or mean the right by the other party to control, direct, or rewrite said response. H. 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 City Manager and shall be provided at City's sole cost and expense. 5 0 City of Atascadero PAPICH CONSTRUCTION CO., INC. 12. COMPLIANCE WITH LAW.- A. AW:A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations 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 no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license 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 in equity as a result of any failure 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 written consent of the City Manager. 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 persons directly employed by Contractor. 14. ASSIGNABILITY: 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 City Manager. 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 that any third 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 preventing risk to Contractor or its employees, agents, contractors or subcontractors. 6 City of Atascadero <? . PAPICH CONSTRUCTION CO., INC. •�J 16. INDEMNIFICATION: 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 attorney's 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. INDEMNIFICATION 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 attorney's 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. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights 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 been actively negligent and where City's active negligence accounts for only a percentage of 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. 7 City of Atascadero PAPICH CONSTRUCTION CO., INC. 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. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or 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 and 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 govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. 8 City of Atascadero PAPICH CONSTRUCTION CO., INC. D. City has 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 without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution 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 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 of any of its rights with respect to a default or other matter arising 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. 9 City of Atascadero ' PAPICH CONSTRUCTION CO., INC. .I. NOTICES. All invoices, 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 Director of Public Works 6500 Palma Avenue Atascadero, CA 93422 Contractor PAPICH CONSTRUCTION CO., INC. Jason Papich P.O. Box 2210 Pismo Beach, CA 93448 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 its obligations hereunder. Effective this 11th day of February, 2015 by the parties as follows, Approved as to form: PAPICH CONSTRUCTION CO., INC. By: t� Counsel for contractor Jason Papich, President Approved as to form: CITY OF ATASCADERO 6 (7 By: 1: (J /"�'-I- /-) , Brian Pierik, City Attorney Rachelle Ricka d, City Manager 10 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 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 performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR Jason Papich, President PAPICH CONSTRUCTION CO., INC. 11 I i CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS Contractor acknowledges that under California labor code sections 1810 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 40 hours in any one calendar week in violation of the provisions of labor code section 1810. (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 6500 Palma Avenue, Atascadero, CA. Wage determinations are also available online at www.dir.ca.gov/dlsr/pwd/southern.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 § 1774.) 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 apprentice's work for every five hours of labor performed by a journeyman (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 apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Contractor ason Papich, President 12 EXHIBIT A Scope of Work All work performed shall comply with the engineering plans, specifications instructions and addendums per bid package Highway 41 Multipurpose Pathway Rebid, Bid No. 2014-013, hereby incorporated by reference. The project primarily consists of upgrading the existing decomposed granite path to a Class 1 Multi- modal path. The path shall connect San Gabriel Road on the south to Portola Road on the north. The upgrade shall result in an 8-foot wide asphalt path with a 2-foot wide shoulder on either side. The connection to San Gabriel Road will narrow to 5-feet wide. The portion of the path along the restaurant frontage will be constructed with an 8-foot wide HMA walk located immediately behind the existing AC dike. The path extends approximately 2,700-feet in length and will span two drainage channels that discharge to Atascadero Creek. These channels will be crossed with bridge structures. Also, there are 3 existing overside drains (OSDs) along the west side of State Route 41 that direct runoff from the pavement down the existing fill embankments. Where the existing drainage runoff crosses the proposed path at 3 locations, it is proposed to install Caltrans OMP inlets and stormdrain culverts underneath the path. The energy dissipation device at each culvert outlet will be rock slope protection. Per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of 85 working days after the Notice to Proceed has been issued. it is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon 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 Contractor will pay to the City the sum of Two Hundred dollars ($200) per day for each and every calendar day delay beyond the time prescribed to complete the work; and, Contractor agrees to pay such Liquidated Damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any moneys due or that may become due 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 ascertain the facts and extent of the delay, and his finding of the facts thereon shall be final and conclusive. A-1 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $ 399,001.50 WITHOUT PRIOR WRITTEN AUTHORIZATION Services will be conducted on a fixed fee basis not to exceed the total contractual amount of $399,001.50. This fee includes all work including but not limited to upgrading the existing decomposed granite path to a Class 1 Multi-modal path. The path shall connect San Gabriel Road on the south to Portola Road on the north. The upgrade shall result in an 8-foot wide asphalt path with a 2-foot wide shoulder on either side. Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing 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 will be made within 30 days after receipt and approval of invoice. Payments to the contractor in excess of the contract amount of $399,001.50 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. No invoice will be approved without receipt and approval of certified pay1oH records. Final Payment A 5% retention will be held for thirty-five days after the Notice of Completion is filed with the County of San Luis Obispo. The retention will be released upon the City of Atascadero's final approval and the satisfactory completion of the project. Contractor agrees that the payment of the final amount due under the Contract is contingent upon Contractor furnishing a release of all claims against the City arising by virtue of this contract. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release. B-1 c3TY OE:ATASCA©ERO HIGHWAY41-MULTI-PURPOSE,PATH,REBID' BID-NO:204 13 '' 'CIVIt�.BASE.BID,' 171'JA SSP CODE DMCRO'?IONOF1TVA ESTIiMTER. l74IT E?IDUNIT 7rJTAL8ID NO. 'NO. 110. OUANT[tY PRICE• PRICE 1 10-1.01 `071325 TEti4�CRARY:FEtiCE.([YPEESh1 1785 LE � Z" SLlb-bb ;2' 10-1.02. ,07401E GCI+�e-aYAlS;,410t1.Si7EfdANAtiEtJf3JY -.i LS LIUMP SUM Zi Oo--o .7 9, 1D-t09 07E617 IhkTER PQLLUfI.ONCANT,kiROGRA1l, 1 LS 1P' GUAR o.,- y� 4 10-1.06 074MB TEUPORARYFIDER ROLLS[TYPE Z) .4140 LF 8 MUD?' -074MS TEMPORARYCHECK DAM UYPE 2)', 15 0 *iA8 12xM CCMSn IGTIDi1 AREA SICAS t C5 LtAIP r Sal �. 71 10-1.09 190100 •TRAFF1 CO NTItMOYSTELf 1 LS �p.: a 10.1.11 •7.0770 RELIOVEAS IIALTCONCREM 600 SF r� PAV'cIlENT" " = G 0 10.1.12: '1150771 :RCMOVUZP11AL' CONCRETE DIKE 404 LF i0 10.1.13 -1523RD RELCGATEROAC.SIOESidi 4 EA 11 io1:1e 152969 AU7USTCALTithntSfilOK �O1cES 2; ;EA 12 10-1.15 _10410I CLEARANOGRUBBING 1 LkiM,rD Sum 13 101.1b 164124 REMOVETREE(SL LLQ 14 10-1.18. 100120 REiADlIS1Fi1:E(LRR66;. ?., EA1 zo " IOU COLO PLANE ASPHALT CONCRUrE 15 ID-67. 155103 -pA Ur ' . 13$ 1, -15(F) 10.1.18 180501 ROAMAY M=VATIOIV 11SD CY 0' 10.1.19 IS0610 :Wl OPTW 80RR111V U" .CY Oct;m le� 1a 10.130 '250301 ACCIM"UTE"o-k 137 10 1Q-1,21 390131 HOT MASPWtLT, 448 1QN. .• 20• 10.1.22 69013S 110T%YIXASPNALT(LEVELtVG1 .5210 iSF. � ��, 11.14 21 10-1.23. 924073 PLACEHOTPJXASP14ALTDIKE(T MA): 172.. Is �- 22 110-1;28 3940T4• PIAL'ENDTIAXASPHRLTOIKE(tYPECI 112.0 LF �.T 2] t0.1.23. 341071 _FIACE}iGTI�ACASPHRITDIKE,(T1iP f], 377' LF tj(0, , 24 70.135 CONCRE-TEPAVEIAEW 4 CY i 25 10-1,95-1SSEDti -RORDSME SIGN;D}JE POST M' ( 'FA !�(��• - 1310:2014-013 RPSTPLE-5423(028) P%ed Manual-Perr 13 6 PSplchConsbuction. B-2 n � CRY OF ATASCA13ERO WGRWAY_41`MULTI-PUROOSE'PATH REBID FfIb rto:. a fii 3 CML BASE BID CONTINUtD VFW gs? CME OESMIRTi0NQf1M1W E5.MIAT'c0 ._UW I3i0. TOTAL$DPRCE NOL NO. NO, OUAWITY U?%iT P{tCE- 201 10-118 &41197 18'PLASTIC PEPS LF 27 .10.127 641 s[3 2C PLASTIC PSFE 5T LF ( •fj, 2A 161.28 �1� 38'CORRUG.ATEASTEF-LPU VNLE1 3' Ea I L103.0 �2 .4a 29 161.2& 705311' 18`.1114EAttxT7YE fti1F.`ED ESjD BECTiOtd i EA � ,(D w1 l"m 1aUl5 RAI `24'ALTCATrVrFLARMEDID •!SIEZ-+I 2 FA [?/P.CO" 31 10.1.31 7atD1T i�CKSIQFEPRaTE1 ON(N0.2.1TE1}i0b8j 10.g LY G. k c, 32 1011,32 1.20010 ROCKSL0-PE''RO?€c>T]CWFA�IC 30.4 sY 33 101 7300741 DETFGTAELEV1ARft1"lG StStFACE 214 SF llAF �. . at 1cozi ma-iia. muvtEstUOFi LsrsTm0giI Tons a EA _ �� bb '35 %-tm =134 ofafEG?GUi€iftPtA(fYPPf} 21 Eli .3em 10-139 63200$.• L1ciWiSTGUARDRALSYSTEM[STE�L� 3640" LF 19,460 E 37 -1412T. U=5 FPEM;NPRA0Ln0 58 LF 3US) 113.1.38 836538 'TYPE SKT-MGS TERW013ALsYsmm -2 EA 3D6Z 9 q .C- Dp). 10-1.39 :8/6 FAN-TT�FFr-'STRWEt2COAT) 2t6,- LF 40 10iA0 qgP599. u6cuZAmm 1 LS LL1k1P.. 80041 41 •10.1A1 Mwm&Aht3RU'L=E?JETR1FEucraC, 110 LF TOTAL CML.EASEBID ggWj, LANDSCAPE ARCHITECT BASE HJD. FrEm SSP CODE DESMPMN OF aEM' UnUAT'c0 'umrr EX --TOTALDiO P;I CE NO. NO. NO. QUXNTI7Y t um- }} PR1Cp t2 tia201 RELOCATEBENEf 1 EA i� "1�•�Q 43 1 101707 I 7UD36 RAW[MOW B) ats Pli :17� giUROS E EDdMR01IULCW40 • as p�.1t1 21 OtSb �M- SF tlb TOTAL LANDSCAPE BASE 'SID - pL{f BID 2014013 RPSTPL£5425(048) pmlect Mar1rsel Part s 7 Ps�tch Canstrs,ctan B-3 RECEIVED PITY,60 ATASCAVERIDDEC 1 8. 2014 HIGHWAY-,41'MUL11+URPOSi .PATH.RPSID 81D NO.'20'Id 073 Cm�aFATAWAOERO CITY CLERK'S QFACE STRUCTURAL BASSSID. ITE14 av ccw 'D6scitip oNOFtrE.& tsia ka -UNIT -86114M TOTALSIDAAIC= NO. NQ. N3: •01JAlt7lylr PRICE. CTURE DEUKMON •45 101, 1 87RUf LS' <S 14�b2 SELECTIYEDEISOCRtON >7 As -47 1"w GIST PiACE CCNCRfTE 1 is Ch M, ORROUG E'XIIE! 0E' TRY- a.MICA r-��tO.SDC I . .'!S �:�es IMAS vlwaoo!0- t SAS GLUL:LAfE.NATED CONS ICTICIVt.. LS ✓; TOTAL ST'RUCTIJk L'_ ks'r-M.BID'1 LS-Lump•Sum SF1TSquareFcrl .SYrScuwc;Yard CY=CubicVMA,EA;=E4di LIF=LluderFeel'• *NoTF-Iri case orci41n ciilcn3ian ofpciCe mto the tofBt prloc cotumdr tli imtt Isrtcc►vlll govein. (Tj-MNAL'PA100ANTITY•­ [ catr.Y-PAY.QUANTI'TY BASE BID.'PROJEOT_AREAS:! TO.TAL-PRICI TOTALCWgL'BASE BED .0 7oTAL LANDSCAPBARCHITECT BASE BID vq f TOTAL STRUCTURAL BASE BID *'BASE BID TOTALPRICE: S99' l.e�D BASE BID:TOTALPRICE?IMAORDS 'The Contraetshaltba.awarded:based upon thWI TOTAL-BASE•BID PRICE"of the total• oftha,Base-BidSchedu]6S1brCiyil;-plus'LantlsCgpi ng pIiis•Stnicturai. TG6i:Cttlfidar Buell oomply►vph Cf&requtsements of DMcEaa S.Pecti;d the BGrte.v4tar Cou,and"dI1=1ywi1h Sedian: 67G nd E707 t'i►!reaL.Ti'r Ccr►trador shall sutani[itt eFptav�adetoil+d plmi sfiaincj 1had�+gn rlrha�lgg;btadslq;81�pIBQ. erolhorpravrilcrs tp be rnsda fcrigorkcrpratacliun for all{iaa:to bo axeavabo to a dop!h af,Nd tar;or more:•Irmo pbn verEp from e1;srtartnp syoaem stsciderag,!e©¢tsn�h3lloe preParell byc regisieeesilvler Bui ,r=1 eigitect Bidder Name. BID 2014.013 RWSTPLE-5423(028) Project i'Jlanual-Part B s Paplch cylr. Qn B-4 DESIGNATED SUBCQNTRACTOR,INFORMATIO. N,SHEET HWY 41 MULTI;PURPOSE,PATHWAYREBID;.PROJECT NO 20�i"13- The Candor rhan rat fordi the foilo-Mng Infomtaf eRi on thu°Rtsignaled Scibcanbwta-h'wrnatlan ShW,'.` ft mmeiind,locatian-,of:tha. sddress; D,enso irjmbsr"shd da5allicVlan.ofeachsubcantraaor�vhawillpbrf n�vnricar(sbaror" d6d>['n:etot Uridsrsigaedinar aboirtt the'corittaicilon of thL-'m*to be'performoi''-Thsl'piirti of the jbtti Rdrictradtt1be doito by-such sut:cantraetorforeachsuticorKbdiihallbifttbdbym'MdtkItem&inbir" "Ic 61fleni,daSarsmiw9of• Oeni oiid brid daSra Oaria Thb contiir'ctCr i Horatian is dkjdj d to is'666 � ivUng of SUbcsMlactars," of th68e Special Ptwiidrt ". > Ova" Pike S4 o 5. 441, -r ! jO Avg Gna✓=>~ j,�,r CA•. '73+3 wsro�ILLY. R.11eq � L alr.lts;� _cw-�za' A�b.s ¢S�•—.Ewa. 'CB: z— 8a. )g 2 :• "foga ItafmRo. .-avcrl tlaa- •Go!IUAno�t lamµa• _ LrH Lt[rlut Qserl�ee r9Abowr tsnUmimm w tcm Item{+h Pescr�, D= ..AMXWX• K W trm q CLQ pa��At>ac6an - uTAtravarm' Kwm SlAf t'.0. •.gip' 4vii cA 0403 zv - eryomr Emma adbam emalrsar� LOW PNN&WbW Ord Q0,22=0.0 IIa:Detazd>yss4cilafA r tl3`• 1007•ti Yo i 'C,�C};C3 , ( ; r , S W,� pem" L ARmnt' } nib' ieittnl lltef � ryTt'l mazer - rc'p�aGAaOmJbs lemN� !d Iwn aai3+Anou+ I+�►�s. F and d t3r9WAtccuN pt�htlRCo.Y latT 0!IR1jOv?C AOax 69A ELY . a sl�nlwre Ii�TE:ttia farm tray h5 reprodiisedcr�etlad>ta b��IC @is p,i�e to Ixl'mucsubaxnrseztt::' 81D.2014-013 RPS7PLE-ti�23(OZS) "ea fam=i--part B '23 PspichCoastrucfnn B-S DESIGNATED SUBCONTRACTOR=INFORMATION SHEET HM 41 MULTt PURPOSE;PATHWAY:.REBID,.PROJECT NO. 2014-013 1"MCoMactorShanset ftitihthefelio%vIngImfu;wstionantlse'D tg�tatedSuticOntractorinramra`icnSheel,• the norm and 1=-M n.of,the;pisco 44,basiriisd;' h!wpt. a.:and'ecnail.6d663s Jlgonisn rsumber ciitd closstfuatian of secii'subaontiaotot who tY1�padarm ivoik or liibararrerid�ss�viuy!o14x,:ttric�sign�in a ehatit tfto constrtic'ian`.of the..rwrk:to`be perfarreed. `Riat,pont�n oi.Uie iYoflc which walk bn'd�n�by snc3s m b=tmaor for each suhcvn io shat!bd Ilctcd byind¢ukhW atom r"n r *cent a'Elcm;dollar w6mmt 61 Itemandbrf:stdascription:Ttaei�nttsctotatrilonlionlsdictt'flaSfcti8- .1s;°Lis�,�gOfSt�b�ontrector ,• Df Mise spccdat.Prove oats; Narna wm. A �; ,. QV424mAn 55 bE,. � ZO Mal._ Elaukz "tfr eeaaadd= CA 39s taD . Lit ,- 1'`L t. R q7.b o , DpTIffD _ ricltwn _ - GautAomrl Itmits Paean ofYefq JamoDDt C:a3a i i.- TDrk� a cnaF +wr Ar ,z vrrawnen 17nf/� P=aD arAnn= -Dan n,' �IV�ia�p pan cmgon a/urate Wan• 5' CA ft'433 Nana .wa,� AiGccrrs `� AOA.a 05 O a .. m�) -4ai• ,2"fsU tima$ONLen"siWtc)srsnrtosiG:zu3pcfamm 1.� r r• ?�"�`fa 1 t .3 Z �Q t Want» �e ofi n aArtars tam m Pan=rr MA o C Wi�asnt r 38. V . RS°b 5..760.'— � tiaDtb accwt CK awn argreacrtl, tarDI1D otwa. iJo�tSfAmJJrq _ ctADD.ar.,m Aatar�im - Imo. lv s►g NOTE:Pt farm=y't'a ro>w¢juad and o6#x!d.t�a d lila M 6 w m= utic sardrar� ralur BID 2014-013 RPSTPLE-5423(028) prigacf himmi-tit H 23 P�piahCarrsta+�nn B-6 n QESIGMATEi3 SUBCONTRiACTOR�INFORMA'TION;SHEET HWY.41 MULTI PURPOSE PATHWAY.REBIO .PROJECT.N0::-2014013 71x,Co r a0 sa4 iart�,the Calot rem Igiornmattan ori ttfe"Darigagted Svbcantractor igtormatton st aev tho nam"and,bcati6n•at'ttie`place.of:;tiusir>a �-tokip!>onn"and.tYnall::aifdfess;,ltcime;murnbd Find classlCtcallon,aieach£ulxorivactor:wt�Qvrillpedorm}tior#orlabor"orrender"i "'e'tQtheunderslgnadinor about the,canstrucficci of itis ivorii,ts be.performed,'That.pflrtion o1 Ctrs vain whlctt avtl.6e iiori© y auc� subcntra=toredch subcmtraci sirall6eidsled by ln¢lvldual ite,;n rturrmber;p,arosi3afri�fri;dotiar'amount of item ami boot&=­dptiori Thi bontrectnrsati n*Is ditertad is Sedan&1:1.1;'tistr,g'ai Sutscantra ass,r of-there special Previsions. . &LM ATASs ?o 93+ z3 r Ptan.NusCcr �.{nr� L��i.rarADta g, .�` ts::+aa w,r�er a�a rnrs NV c- hmr Eel�uren ' or,AD�rt peA!liD: i+raoeumuam: DEUVAnnuag ' s,er, � � _ f �rC�"OiaJiyRA�oti! � � D�ct{w,cf.laor.tsn,; m_ CD pp •'mT {' fes_ Pi1�4C1 QCIaI I.ltGpl Qeso»,er�Atro�a'7,ed � cfflyi *Mi f. Holm , ,. - Ali F, 151-34M �Fbc AM Fbm umber amren. / cm�aeom� �AJ rtu,reerma amgni4wta cmm-w tea ra d Wm Qom{lnosu .rtn NO, Powrt cl i Gcc3rra►ars • � L 4 t_ v r t v"V*kA IA Awn Iffm ren f'o�eiCGlitm" u7uiit`u i�uoeuee,• �/t1S�a0 •m3or Nara:7tisfamme*6aieppWC;M ,dikitocWdb�hkVH3pa, ei6wirioreabcart4aCiar�' .SID 2014.013 RPSTp1:E-5423(028) Projoct Maw-Parte 33 PapkhCa�nicf'un B-7 DESIGNATED-SUBG;ONTRACTOR:INFORMATION:SHEET HWY 41AULTI PURPOSE-P,ATHwAI :REB1D :,PROJECT Nb.'2014-073 The CmVradwnal6yet"1hgfnllaw gjttgrmatjofionthcsuE�a�gnate�S`�sbcanfraclvrinfcrmaticn8besta" tttt3 n,me at4d Ibrstbnn,of`thy 6t ptka-- husfnmss;-:t iep#mns.artd:Em� addr ;,t eauo ntirritier.an� ctass drat Of each subooiitracior svfso wiiE petfcrn iyurk or lbr o irxfPx sciY !a titre urusign In ar' about ft construction at the work:to be{-ettamr�d �ilasl.'pciifna�'oi 3t a umrf:ti lcti.vim hs dona;try succi etrbcon�,racicritsrfach aubaantra`c#shxiltietist�rlby,Iri�triduaiitam ntititbet.pon�tmtafiiet<,�oltacarrlotrn(tyt. ken, and itrac#ai'safteMlorii5`tlir ted tnSActJart91;11,Clts#rligcF tticai adoh; 01 Iheea Specid Ptovisianr. 'Rwtt� NG• �� AWIC— Hame ' s O awl tom•. _ ' :�.:�. w and • -.Cnvjr4g ,, 1 ani is aWAiO- f3S.prlfall} '-Dab►d L! � •'f e► 'r l :putaalt GWaaffjMri ' +OmptaaorA�u,rllorA, lura a rlor[tes hn -!'usan ;.'. liCtsr, {]ntQt bad ,A1cnR+rlaii' , -■ 'fic3lpia�s ItIIaw tle�lt! . ttamA / � "� fiwtr Ata" tif,�p flli.5rwt. r/uhf E •':Ptt9'f0 p� unm.olatntar amt flusrs�wa . , t�ucra�om�ccsiaa: ` gum norseaa eoudAsaaArl' tmnxa, pffwlamsn aafsMna�t it _ - t<. , � sss+cr�nrtn -^+taw [f.11L�p W�fA.T[[S'1 arAlmca Item • -DlEGnpgnor ACoaa tec� - Ely', r Hb7L�:7hte i mayE9 tap=w0 Ord auachad b-dihis td[9 ei l tiior8 ^�nEr. � �tuPs SID 2014-013• Rr STPL£-5423(028) Pra t t�Eanyal-Par3 B P�plt:h,Cos+sfrticE'on- B-8 EXHIBIT C Items Provided by City Caltrans Encroachment Permit. C-1 ��� X11"��e •c. •�` o � »�`o,�� � a. ` 1 ol; , l �_ v Gordon 5 t t 1►4 �g�� �i�9� '� .p � . j � HambbngJr.DPM '� !�.+�'y � a '4 Y ,t• F - �� >. � +sco Avg i �� � 11"��'� •� .J ak �ss:.. °y �! o Qin( ;�`• .�.�.,� �Q.,���. i� - . .. �� 't��.� .a �+r •t � � 4 : w R+ � � � � ,`n-'�. `tom iC � t, •� •1 -� 1 A r ra n.7ero f.9Ke f rrk." r A�+ , y T p r`A. # ti $< Iry R � '�� r � � � .fit � y" .�•. n ,may�i} >�. �.''► � �4`' `A w��o ', 4. �`� •+� :� 111 r i n � EXHIBIT E Insurance Requirements INSURANCE REQUIREMENTS FOR CONTRACTORS 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 deductibles or 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 guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. E-1 n r� 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, officials, 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 Iess than ANH. Additional Insured The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage Contractor shall furnish the City with original certificates-and amendatory endorsements effecting coverage required by this clause. The endorsements should be 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 and 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. 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. E-2 , EXHIBIT F DBE Requirements Exhibit 15-G Local Agency Bidder DBE Commitment EXHIBIT 15-G LOCAL AGFNCI' BIDDER DBE COromlrrMENT (CONSTRUCTION CONTRACTS) NOTE PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCA L AGENCY (s}N o; as-i[460q G LOCAT ION PRO3E-C I DL-SCRIPIION 4}l Wu3;.,'cl -wdC-PVSZ C o-ld - -fit D TOTALCONTRACfAMOU`7 S _ AIDDATF. IZ Ljt 1 I'1+ —.---- _-- RIDDER'SNAMF FPP-P\L•{•1 CONTRACT DBL-CiOAL: 47 /c CONTRACT TEM or WORK AND DESCRIPTION DBE CERT NO NAMEDFEACII DAF• WLLARAMOUNT ITEM NO RSERNICF.STOBE ANDL-xPIRATION (tiltatbeccrtiriedonthcdate bidDHF BCONTRAC 1-MORNIATERIALS DA'I'S are opened-inclukDBbaddress O BE PROVIDED(or contracted If the and phone ntniher) der is at DBE) L-ikr=1 aysn(a 114 C- 3 e 3,_ ShO F :. -2 �M� •� -'1 O 74 IF 14.2-0 3 U14 z - +67 or r( ar -;qqd� For Locnl Agency to Complete: 2014 0013 I nta',Claimed DBE S SG( � 1 LocalAgcncyCnntmr.Nuariber _ Participation C Fedcrs)-aid PrnleaNanher RPSSTPLF_-5423(028) ,J Fedcral.Sliare 1 °l- ContractMvnrdN,c. February 10.2015 Local Agency cenlfnsthat all DOFccniRenionshave been vaifcdand slatewrcaf utfannatiurt ncompletcondocc°ratc �1 Wit: COdc)TCI.Nn Nicholas D DeBar —_ PnntName S:gnnunc Dntc jp , i6p 17M"sit LnwlA ncy Rcpr=matn•c Perscmlo Cnraact (Plcawlypeor Pnm) (Area Code)TelephoneNtmhar (805)470-3188 Locnl Ag—Diddc DDC Cnxmtrrem IConwruam Cnmrwcs. Distribution (1)Copy-Faaorsc r.a copy loihxColtrassDiwictLocsIAssistancc[nginctr(DLAEIwnhin30dovsofconunaexectalan Fadtreto scud a copy to I M DLA E within 30 day s o f contr act eicean int may rosW t in dc-obligal ion of funds fort his pro)ect (2)Copy-include in award poc"pe to Cahmns Dist net Local Aw.q once (3)Original-Load mercy files BID 2014-013 RPSTPLE-5423(028) Project Manual-Part B 24 Papich Construction F-1 EXHIBI.T G Form FHWA-1273 FHWA-1273-- Revised May 1,2012 include roadways functionally classified as local roads or rural REQUIRED CONTRACT PROVISIONS minor collectors. FEDERAL-AID CONSTRUCTION CONTRACTSI.General II. NONDISCRIMINATION IL Nondiscrimination III. Nonsegregated Facilities The provisions of this section related to 23 CFR Part 230 are 1V. Davis-Bacon and Related Act Provisions applicable to all Federal-aid construction contracts and to all V. Contract Work Hours and Safety Standards Act Provisions related construction subcontracts of$10,000 or more. The VI. Subletting or Assigning the Contract provisions of 23 CFR Part 230 are not applicable to material VII. Safety:Accident Prevention supply,engineering,or architectural service contracts. VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water In addition,the contractor and all subcontractors must comply Pollution Control Act with the following policies:Executive Order 11246,41 CFR 60,29 X. Compliance with Gove nmentwide Suspension and CFR 1625-1627,Title 23 USC Section 140,the Rehabilitation Act Debarment Requirements of 1973,as amended(29 USC 794),Title VI of the Civil Rights Act XI. Certification Regarding Use of Contract Funds for Lobbying of 1964,as amended,and related regulations including 49 CFR ATTACHMENTS Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. A.Employment and Materials Preference for Appalachian The contractor and all subcontractors must comply with: the Development Highway System or Appalachian Local Access requirements all Equal Opportunity Clause in 41 CFR 60- Road Contracts included in Appalachian 1.4(b)and,for all construction contracts exceeding$10,000,the ( pp contracts only) Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. I. GENERAL Note:The U.S.Department of Labor has exclusive authority to 1. Fort FHWA-1273 must be physically incorporated in each determine compliance with Executive Order 91246 and the construction contract funded under Title 23(excluding emergency policies of the Secretary of Labor including 41 CFR 60,and 29 contracts solely intended for debris removal). The contractor(or CFR 1625-1627. The contracting agency and the FHWA have subcontractor)must insert this form in each subcontract and the authority and the responsibility to ensure compliance with Title further require its inclusion in all lower tier subcontracts(excluding 23 USC Section 140,the Rehabilitation Act of 1973,as amended purchase orders,rental agreements and other agreements for (29 USC 794),and Title V1 of the Civil Rights Act of 1964,as supplies or services). amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. The applicable requirements of Form FHWA-9273 are incorporated by reference for work done under any purchase The following provision is adopted from 23 CFR 230,Appendix A, order,rental agreement or agreement for other services. The with appropriate revisions to conform to the U.S.Department of prime contractor shall be responsible for compliance by any Labor(US DOL)and FHWA requirements. subcontractor, lower-tier subcontractor or service provider. 1.Equal Employment Opportunity:Equal employment Form FHWA-1273 must be included in all Federal-aid design- opportunity(EEO)requirements not to discriminate and to take build contracts,in all subcontracts and in lower tier subcontracts affirmative action to assure equal opportunity as set forth under (excluding subcontracts for design services,purchase orders, laws,executive orders,rules,regulations(28 CFR 35,29 CFR rental agreements and other agreements for supplies or services). 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)and orders The design-builder shall be responsible for compliance by any of the Secretary of Labor as modified by the provisions prescribed subcontractor,lower-tier subcontractor or service provider. herein,and imposed pursuant to 23 U.S.C.140 shall constitute the EEO and specific affirmative action standards for the Contracting agencies may reference Form FHWA-1273 in bid contractor's project activities under this contract.The provisions of proposal or request for proposal documents,however,the Form the Americans with Disabilities Act of 1990(42 U.S.C.12101 et FHWA-1273 must be physically incorporated(not referenced)in seq.)set forth under 28 CFR 35 and 29 CFR 1630 are all contracts,subcontracts and lower-tier subcontracts(excluding incorporated by reference in this contract.In the execution of this purchase orders,rental agreements and other agreements for contract,the contractor agrees to comply with the following supplies or services related to a construction contract). minimum specific requirement activities of EEO: 2. Subject to the applicability criteria noted in the following a.The contractor will work with the contracting agency and the sections,these contract provisions shall apply to all work Federal Government to ensure that it has made every good faith performed on the contract by the contractors own organization effort to provide equal opportunity with respect to all of its terms and with the assistance of workers under the contractors and conditions of employment and in their review of activities immediate superintendence and to all work performed on the under the contract. contract by piecework,station work,or by subcontract. b.The contractor Will accept as its operating policy the 3. A breach of any of the stipulations contained in these following statement: Required Contract Provisions may be sufficient grounds for withholding of progress payments,withholding of final payment, "it is the policy of this Company to assure that applicants are termination of the contract,suspension/debarment or any other employed,and that employees are treated during employment, action determined to be appropriate by the contracting agency without regard to their race,religion,sex,color,national origin, and FHWA. age or disability. Such action shall include:employment, upgrading,demotion,or transfer;recruitment or recruitment 4. Selection of Labor:During the performance of this contract,the advertising;layoff or termination;rales of pay or other forms of contractor shall not use convict labor for any purpose within the compensation;and selection for training,including limits of a construction project on a Federal-aid highway unless it apprenticeship,pre-apprenticeship,and/or on-the-job training." is labor performed by convicts who are on parole,supervised release,or probation. The tern Federal-aid highway does not 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have the G-i n ci:) responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned a. The contractor will conduct periodic inspections of project adequate authority and responsibility to do so. sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire,supervise,promote,and discharge b. The contractor will periodically evaluate the spread of wages employees,or who recommend such action,or who are paid within each classification to determine any evidence of substantially involved in such action,will be made fully cognizant discriminatory wage practices. of,and will implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and c. The contractor will periodically review selected personnel classification of employment. To ensure that the above actions in depth to determine whether there is evidence of agreement will be met,the following actions will be taken as a discrimination. Where evidence is found,the contractor will minimum: promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,such a. Periodic meetings of supervisory and personnel office corrective action shall include all affected persons. employees will be conducted before the start of work and then not less often than once every six months,at which time the d. The contractor will promptly investigate all complaints of contractor's EEO policy and its implementation will be reviewed alleged discrimination made to the contractor in connection with and explained. The meetings will be conducted by the EEO its obligations under this contract,will attempt to resolve such Officer. complaints,and will take appropriate corrective action within a reasonable time. If the investigation indicates that the b. All new supervisory or personnel office employees will be discrimination may affect persons other than the complainant, given a thorough indoctrination by the EEO Officer,covering all such corrective action shall include such other persons. Upon major aspects of the contractor's EEO obligations within thirty completion of each investigation,the contractor will inform every days following their reporting for duty with the contractor. complainant of all of their avenues of appeal. c. All personnel who are engaged in direct recruitment for the 6.Training and Promotion: project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women, a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are applicants d. Notices and posters setting forth the contractor's EEO policy for employment or current employees. Such efforts should be will be placed in areas readily accessible to employees, aimed at developing full journey level status employees in the applicants for employment and potential employees. type of trade or job classification involved. e. The contractor's EEO policy and the procedures to b. Consistent with the contractor's work force requirements and implement such policy will be brought to the attention of as permissible under Federal and State regulations,the employees by means of meetings,employee handbooks,or other contractor shall make full use of training programs,i.e., appropriate means. apprenticeship,and on-the-job training programs for the geographical area of contract performance. In the event a special 4.Recruitment:When advertising for employees,the contractor provision for training is provided under this contract,this will include in all advertisements for employees the notation:"An subparagraph will be superseded as indicated in the special Equal Opportunity Employer." All such advertisements will be provision. The contracting agency may reserve training positions placed in publications having a large circulation among minorities for persons who receive welfare assistance in accordance with 23 and women in the area from which the project work force would U.S.C.140(a). normally be derived. c. The contractor will advise employees and applicants for a. The contractor will,unless precluded by a valid bargaining employment of available training programs and entrance agreement,conduct systematic and direct recruitment through requirements for each. public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement,the d. The contractor will periodically review the training and contractor will identify sources of potential minority group promotion potential of employees who are minorities and women employees,and establish with such identified sources procedures and will encourage eligible employees to apply for such training whereby minority and women applicants may be referred to the and promotion. contractor for employment consideration. 7. Unions: If the contractor relies in whole or in part upon unions b. In the event the contractor has a valid bargaining agreement as a source of employees,the contractor will use good faith providing for exclusive hiring hall referrals,the contractor is efforts to obtain the cooperation of such unions to increase expected to observe the provisions of that agreement to the opportunities for minorities and women. Actions by the extent that the system meets the contractor's compliance with contractor,either directly or through a contractor's association EEO contract provisions. Where implementation of such an acting as agent,WI)include the procedures set forth below: agreement has the effect of discriminating against minorities or women,or obligates the contractor to do the same,such a. The contractor will use good faith efforts to develop,in implementation violates Federal nondiscrimination provisions. cooperation with the unions,joint training programs aimed toward qualifying more minorities and women for membership in the c. The contractor will encourage its present employees to refer unions and increasing the skills of minorities and women so that minorities and women as applicants for employment. Information they may qualify for higher paying employment. and procedures with regard to referring such applicants will be discussed with employees. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union 5.Personnel Actions:Wages,working conditions,and employee will be contractually bound to refer applicants without regard to benefits shall be established and administered,and personnel their race,color,religion,sex,national origin,age or disability. actions of every type,including hiring,upgrading,promotion, transfer,demotion,layoff,and termination,shall be taken without regard to race,color,religion,sex, national origin,age or disability. The following procedures shall be followed: G-2 ... ,.•W (1)The number and work hours of minority and non-minority group members and women employed in each c. The contractor is to obtain information as to the referral work classification on the project; practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor (2)The progress and efforts being made in cooperation with union and such labor union refuses to furnish such information to unions,when applicable,to increase employment opportunities the contractor,the contractor shall so certify to the contracting for minorities and women;and agency and shall set forth what efforts have been made to obtain such information. (3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women; d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in b. The contractors and subcontractors will submit an annual the collective bargaining agreement,the contractor will,through report to the contracting agency each July for the duration of the independent recruitment efforts,fill the employment vacancies project,indicating the number of minority,women,and non- without regard to race,color,religion,sex,national origin,age or minority group employees currently engaged in each work disability;making full efforts to obtain qualified and/or qualifiable classification required by the contract work. This information is to minorities and women. The failure of a union to provide sufficient be reported on Form FHWA-1391. The staffing data should referrals(even though it is obligated to provide exclusive referrals represent the project work force on board in all or any part of the under the terms of a collective bargaining agreement)does not last payroll period preceding the end of July. If on-the-job training relieve the contractor from the requirements of this paragraph. In is being required by special provision,the contractor will be the event the union referral practice prevents the contractor from required to collect and report training data. The employment data meeting the obligations pursuant to Executive Order 11246,as should reflect the work force on board during all or any part of the amended,and these special provisions,such contractor shall last payroll period preceding the end of July. immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/Employees III.NONSEGREGATED FACILITIES with Disabilities: The contractor must be familiar with the This provision is applicable to all Federal-aid construction requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. contracts and to all related construction subcontracts of$10,000 Employers must provide reasonable accommodation in all or more. employment activities unless to do so would cause an undue hardship. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of 9.Selection of Subcontractors,Procurement of Materials and race,color,religion,sex,or national origin cannot result. The Leasing of Equipment:The contractor shall not discriminate on contractor may neither require such segregated use by written or the grounds of race,color,religion,sex,national origin,age or oral policies nor tolerate such use by employee custom. The disability in the selection and retention of subcontractors, contractor's obligation extends further to ensure that its including procurement of materials and leases of equipment. The employees are not assigned to perform their services at any contractor shall take all necessary and reasonable steps to location,under the contractor's control,where the facilities are ensure nondiscrimination in the administration of this contract. segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas,time clocks,restrooms, a. The contractor shall notify all potential subcontractors and washrooms,locker rooms,and other storage or dressing areas, suppliers and lessors of their EEO obligations under this contract. parking lots,drinking fountains,recreation or entertainment areas, transportation,and housing provided for employees. The b. The contractor will use good faith efforts to ensure contractor shall provide separate or single-user restrooms and subcontractor compliance with their EEO obligations. necessary dressing or sleeping areas to assure privacy between sexes. 10. Assurance Required by 49 CFR 26.13(b): IV. DAVIS-BACON AND RELATED ACT a. The requirements of 49 CFR Part 26 and the State PROVISIONS DOT's U.S.DOT-approved DBE program are incorporated by reference. This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and lower-tier b. The contractor or subcontractor shall not subcontracts(regardless of subcontract size). The requirements discriminate on the basis of race,color,national origin,or sex in apply to all projects located within the right-of-way of a roadway the performance of this contract. The contractor shall carry out that is functionally classified as Federal-aid highway. This applicable requirements of 49 CFR Part 26 in the award and excludes roadways functionally classified as local roads or rural administration of DOT-assisted contracts. Failure by the minor collectors,which are exempt. Contracting agencies may contractor to cant'out these requirements is a material breach of elect to apply these requirements to other projects. this contract,which may result in the termination of this contract or such other remedy as the contracting agency deems ll f The following provisions are from the U.S.Department of Labor appropriate. g p p regulations in 29 CFR 5.5"Contract provisions and related 11.Records and Reports:The contractor shall keep such matters"with minor revisions to conform to the FHWA-1273 records as necessary to document compliance with the EEO format and FHWA program requirements. requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for 1. Minimum wages all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less often a. The records kept by the contractor shall document the following: G-3 n � than once a week,and without subsequent deduction or rebate classification and wage rate(including the amount designated on any account(except such payroll deductions as are permitted for fringe benefits,where appropriate),the contracting officer by regulations issued by the Secretary of Labor under the shall refer the questions, including the views of all interested Copeland Act(29 CFR part 3)),the full amount of wages and parties and the recommendation of the contracting officer,to the bona fide fringe benefits(or cash equivalents thereof)due at time Wage and Hour Administrator for determination.The Wage and of payment computed at rates not less than those contained in the Hour Administrator,or an authorized representative,will issue a wage determination of the Secretary of Labor which is attached determination within 30 days of receipt and so advise the hereto and made a part hereof, regardless of any contractual contracting officer or will notify the contracting officer within the relationship which may be alleged to exist between the contractor 30-day period that additional time is necessary. and such laborers and mechanics. (4)The wage rate(including fringe benefits where Contributions made or costs reasonably anticipated for bona fide appropriate)determined pursuant to paragraphs 1.b.(2)or fringe benefits under section 1(b)(2)of the Davis-Bacon Act on 1.b.(3)of this section,shall be paid to all workers performing behalf of laborers or mechanics are considered wages paid to work in the classification under this contract from the first day such laborers or mechanics,subject to the provisions of on which work is performed in the classification. paragraph 1.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not less often c.Whenever the minimum wage rate prescribed in the contract than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or fora class laborers or mechanics includes a fringe benefit incurred during such weekly period.Such laborers and mechanics which is nott expressed as an hourly rate,the contractor shall shall be paid the appropriate wage rate and fringe benefits on the either pay the benefit stated in the wage determination shall wage determination for the classification of work actually pay another bona fide fringe benefit or an hourly cash equivalent performed,without regard to skill,except as provided in 29 CFR thereof. 5.5(a)(4).Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for d. If the contractor does not make payments to a trustee or each classification for the time actually worked therein:Provided, other third person,the contractor may consider as part of the That the employer's payroll records accurately set forth the time wages of any laborer or mechanic the amount of any costs spent in each classification in which work is performed.The wage reasonably anticipated in providing bona fide fringe benefits under determination(including any additional classification and wage a plan or program,Provided,That the Secretary of Labor has rates conformed under paragraph 1.b.of this section)and the found,upon the written request of the contractor,that the Davis-Bacon poster(WH-1321)shall be posted at all times by the applicable standards of the Davis-Bacon Act have been met.The contractor and its subcontractors at the site of the work in a Secretary of Labor may require the contractor to set aside in a prominent and accessible place where it can be easily seen by separate account assets for the meeting of obligations under the the workers. plan or program. b. (1)The contracting officer shall require that any class of 2. Withholding laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the ThThe contracting agency shall upon its own action or upon written determination. contract shall T classified in conformance with the wage request of an authorized representative of the Department of The contracting officer shall approve an additional Labor,withhold or cause to be withheld from the contractor under classification and wage rate and fringe benefits therefore only this contract,or any other Federal contract with the same prime when the following criteria have been met: contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the (i)The work to be performed by the classification requested same prime contractor,so much of the accrued payments or is not performed by a classification in the wage determination; advances as may be considered necessary to pay laborers and and mechanics,including apprentices,trainees,and helpers, employed by the contractor or any subcontractor the full amount (ii)The classification is utilized in the area by the of wages required by the contract. In the event of failure to pay construction industry;and any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may, (iii)The proposed wage rate,including any bona fide fringe after written notice to the contractor,take such action as may be benefits,bears a reasonable relationship to the wage rates necessary to cause the suspension of any further payment, contained in the wage determination. advance,or guarantee of funds until such violations have ceased. (2)If the contractor and the laborers and mechanics to be 3. Payrolls and basic records employed in the classification(if known),or their representatives,and the contracting officer agree on the a. Payrolls and basic records relating thereto shall be classification and wage rate(including the amount designated maintained by the contractor during the course of the work and for fringe benefits where appropriate),a report of the action preserved for a period of three years thereafter for all laborers taken shall be sent by the contracting officer to the and mechanics working at the site of the work.Such records shall Administrator of the Wage and Hour Division,Employment contain the name,address,and social security number of each Standards Administration,U.S.Department of Labor, such worker,his or her correct classification,hourly rates of Washington, DC 20210.The Administrator,or an authorized wages paid(including rates of contributions or costs anticipated representative,will approve,modify,or disapprove every for bona fide fringe benefits or cash equivalents thereof of the additional classification action within 30 days of receipt and so types described in section 1(b)(2)(B)of the Davis-Bacon Act), advise the contracting officer or will notify the contracting officer daily and weekly number of hours worked,deductions made and within the 30-day period that additional fime is necessary. actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(!v)that the wages of any laborer or (3)In the event the contractor,the laborers or mechanics to mechanic include the amount of any costs reasonably anticipated be employed in the classification or their representatives,and in providing benefits under a plan or program described in section the contracting officer do not agree on the proposed 1(b)(2XB)of the Davis-Bacon Act,the contractor shall maintain G-4 records which show that the commitment to provide such benefits prosecution under section 1001 of title 18 and section 231 of is enforceable,that the plan or program is financially responsible, title 31 of the United States Code. and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the c.The contractor or subcontractor shall make the records costs anticipated or the actual cost incurred in providing such required under paragraph 3.a.of this section available for benefits.Contractors employing apprentices or trainees under inspection,copying,or transcription by authorized representatives approved programs shall maintain written evidence of the of the contracting agency,the State DOT, the FHWA, or the registration of apprenticeship programs and certification of trainee Department of Labor,and shall permit such representatives to programs,the registration of the apprentices and trainees,and interview employees during working hours on the job.If the the ratios and wage rates prescribed in the applicable programs. contractor or subcontractor faits to submit the required records or to make them available,the FHWA may,after written notice to the b. (1)The contractor shall submit weekly for each week in contractor,the contracting agency or the State DOT,take such which any contract work is performed a copy of all payrolls to the action as may be necessary to cause the suspension of any contracting agency. The payrolls submitted shall set out further payment,advance,or guarantee of funds.Furthermore, accurately and completely all of the information required to be failure to submit the required records upon request or to make maintained under 29 CFR 5.5(a)(3)(i),except that full social such records available may be grounds for debarment action security numbers and home addresses shall not be included on pursuant to 29 CFR 5.12. weekly transmittals_Instead the payrolls shall only need to include an individually identifying number for each employee(e.g.,the 4. Apprentices and trainees last four digits of the employee's social security number).The required weekly payroll information may be submitted in any form desired.Optional Form WH-347 is available for this purpose from a.Apprentices(programs of the USDOL). the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/formsAvh347instr.htm or its successor Apprentices will be permitted to work at less than the site.The prime contractor is responsible for the submission of predetermined rate for the work they performed when they are copies of payrolls by all subcontractors.Contractors and employed pursuant to and individually registered in a bona fide subcontractors shall maintain the full social security number and apprenticeship program registered with the U.S.Department of current address of each covered worker,and shall provide them Labor,Employment and Training Administration,Office of upon request to the contracting agency for transmission to the Apprenticeship Training,Employer and Labor Services,or with a State DOT,the FHWA or the Wage and Hour Division of the State Apprenticeship Agency recognized by the Office,or if a Department of Labor for purposes of an investigation or audit of person is employed in his or her first 90 days of probationary compliance with prevailing wage requirements.It is not a violation employment as an apprentice in such an apprenticeship program, of this section for a prime contractor to require a subcontractor to who is not individually registered in the program,but who has provide addresses and social security numbers to the prime been certified by the Office of Apprenticeship Training,Employer contractor for its own records,without weekly submission to the and Labor Services or a State Apprenticeship Agency(where contracting agency.. appropriate)to be eligible for probationary employment as an apprentice. (2) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his The allowable ratio of apprentices to journeymen on the job site or her agent who pays or supervises the payment of the persons in any craft classification ntr as conttion shall not be greater than the ratio employed under the contract and shall certify the following: permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an (i)That the payroll for the payroll period contains the apprentice wage rate,who is not registered or otherwise information required to be provided under§5.5(aX3)(ii)of employed as stated above,shall be paid not less than the Regulations, 29 CFR part 5,the appropriate information is applicable wage rate on the wage determination for the being maintained under§5.5(a)(3)(i)of Regulations,29 CFR classification of work actually performed.In addition,any part 5,and that such information is correct and complete; apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than (ii)That each laborer or mechanic(including each helper, the applicable wage rate on the wage determination for the work apprentice,and trainee)employed on the contract during the actually performed.Where a contractor is performing construction payroll period has been paid the full weekly wages eamed, on a project in a locality other than that in which its program is without rebate,either directly or indirectly,and that no registered,the ratios and wage rates(expressed in percentages deductions have been made either directly or indirectly from of the journeyman's hourly rate)specified in the contractods or the full wages earned,other than permissible deductions as subcontractor's registered program shall be observed. set forth in Regulations,29 CFR part 3; Every apprentice must be paid at not less than the rate specified (iii)That each laborer or mechanic has been paid not less in the registered program for the apprentice's level of progress, than the applicable wage rates and fringe benefits or cash expressed as a percentage of the journeymen hourly rate equivalents for the classification of work performed,as specified in the applicable wage determination.Apprentices shall specified in the applicable wage determination incorporated be paid fringe benefits in accordance with the provisions of the into the contract. apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the (3)The weekly submission of a property executed certification applicable classification. If the Administrator determines that a set forth on the reverse side of Optional Form WH-347 shall different practice prevails for the applicable apprentice satisfy the requirement for submission of the"Statement of classification,fringes shall be paid in accordance with that Compliance"required by paragraph 3.b.(2)of this section. determination. (4)The falsification of any of the above certifications may In the event the Office of Apprenticeship Training,Employer and subject the contractor or subcontractor to civil or criminal Labor Services,or a State Apprenticeship Agency recognized by G-5 the Office,withdraws approval of an apprenticeship program,the compliance by any subcontractor or lower tier subcontractor with contractor will no longer be permitted to utilize apprentices at less all the contract clauses in 29 CFR 5.5. than the applicable predetermined rate for the work performed until an acceptable program is approved. 7.Contract termination:debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the b.Trainees(programs of the USDOL). contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Except as provided in 29 CFR 5.16,trainees wilt not be permitted to work at less than the predetermined rate for the work S.Compliance with Davis-Bacon and Related Act performed unless they are employed pursuant to and individually requirements. All rulings and interpretations of the Davis-Bacon registered in a program which has received prior approval, and Related Acts contained in 29 CFR parts 1,3,and 5 are evidenced by formal certification by the U.S.Department of Labor, herein incorporated by reference in this contract. Employment and Training Administration. 9.Disputes concerning labor standards.Disputes arising out of The ratio of trainees to journeymen on the job site shall not be the labor standards provisions of this contract shall not be subject greater than permitted under the plan approved by the to the general disputes clause of this contract.Such disputes shall Employment and Training Administration. be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the Every trainee must be paid at not less than the rate specified in meaning of this clause include disputes between the contractor the approved program for the trainee's level of progress, (or any of its subcontractors)and the contracting agency,the U.S. expressed as a percentage of the journeyman hourly rate Department of Labor,or the employees or their representatives. specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance Wth the provisions of the 10.Certification of eligibility, trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount offringe benefits a.By entering into this contract,the contractor certifies that listed on the wage determination unless the Administrator of the neither it(nor he or she)nor any person or firm who has an Wage and Hour Division determines that there is an interest in the contractors firm is a person or firm ineligible to be apprenticeship program associated with the corresponding awarded Government contracts by virtue of section 3(a)of the joumeyman wage rate an the wage determination which provides Davis-Bacon Act or 29 CFR 5.12(a)(1). for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and b.No part of this contract shall be subcontracted to any person or Training Administration shall be paid not less than the applicable firm ineligible for award of a Government contract by virtue of wage rate on the wage determination for the classification of work section 3(a)of the Davis-Bacon Actor 29 CFR 5.12(a)(1). actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered c.The penalty for making false statements is prescribed in the program shall be paid not less than the applicable wage rate on U.S.Criminal Code, 18 U.S_C_1001. the wage determination for the work actually performed. In the event the Employment and Training Administration V. CONTRACT WORK HOURS AND SAFETY withdraws approval of a training program,the contractor will no STANDARDS ACT longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. The following clauses apply to any Federal-aid construction contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety c.Equal employment opportunity.The utilization of apprentices, Standards Act.These clauses shall be inserted in addition to the trainees and journeymen under this part shall be in conformity clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this with the equal employment opportunity requirements of Executive paragraph,the terms laborers and mechanics include watchmen Order 11246,as amended,and 29 CFR part 30. and guards. d. Apprentices and Trainees(programs of the U.S.DOT). 1.Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Apprentices and trainees working under apprenticeship and skill involve the employment of laborers or mechanics shall require or training programs which have been certified by the Secretary of permit any such laborer or mechanic in any workweek in which he Transportation as promoting EEO in connection with Federal-aid or she is employed on such work to work in excess of forty hours highway construction programs are not subject to the in such workweek unless such laborer or mechanic receives requirements of paragraph 4 of this Section IV.The straight time compensation at a rate not less than one and one-half times the hourly wage rates for apprentices and trainees under such basic rate of pay for all hours worked in excess of forty hours in programs will be established by the particular programs.The ratio such workweek. of apprentices and trainees to journeymen shall not be greater than permitted by the terns of the particular program. 2.Violation;liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 5.Compliance with Copeland Act requirements. The (1.)of this section,the contractor and any subcontractor contractor shall comply with the requirements of 29 CFR part 3, responsible therefor shall be liable for the unpaid wages. In which are incorporated by reference in this contract, addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the 6.Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts.The prime contractor shall be responsible for the G-6 District of Columbia or a territory,to such District or to such b."Specialty Items"shall be construed to be limited to work that territory),for liquidated damages.Such liquidated damages shall requires highly specialized knowledge,abilities,or equipment not be computed with respect to each individual laborer or mechanic, ordinarily available in the type of contracting organizations including watchmen and guards,employed in violation of the qualified and expected to bid or propose on the contract as a clause set forth in paragraph(1.)of this section,in the sum of$10 whole and in general are to be limited to minor components of the for each calendar day on which such individual was required or overall contract. permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the 2.The contract amount upon which the requirements set forth in clause set forth in paragraph(1.)of this section. paragraph(1)of Section VI is computed includes the cost of material and manufactured products which are to be purchased or 3.Withholding for unpaid wages and liquidated damages. produced by the contractor under the contract provisions. The FHWA or the contacting agency shall upon its own action or 3.The contractor shall furnish(a)a competent superintendent or upon written request of an authorized representative of the supervisor who is employed by the firm,has full authority to direct Department of Labor withhold or cause to be withheld,from any performance of the work in accordance with the contract moneys payable on account of work performed by the contractor requirements,and is in charge of all construction operations or subcontractor under any such contract or any other Federal (regardless of who performs the work)and(b)such other of its contract with the same prime contractor,or any other federally- own organizational resources(supervision,management,and assisted contract subject to the Contract Work Hours and Safety engineering services)as the contracting officer determines is Standards Act,which is held by the same prime contractor,such necessary to assure the performance of the contract. sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages 4.No portion of the contract shall be sublet,assigned or and liquidated damages as provided in the clause set forth in otherwise disposed of except with the written consent of the paragraph(2.)of this section. contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the 4.Subcontracts. The contractor or subcontractor shall insert in contractor of any responsibility for the fulfillment of the contract. any subcontracts the clauses set forth in paragraph(1.)through Written consent will be given only after the contracting agency (4.)of this section and also a clause requiring the subcontractors has assured that each subcontract is evidenced in writing and that to include these clauses in any lower tier subcontracts.The prime it contains all pertinent provisions and requirements of the prime contractor shall be responsible for compliance by any contract. subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 5.The 30%self-performance requirement of paragraph(1)is not applicable to design-build contracts;however,contracting agencies may establish their own self-performance requirements. VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction VII.SAFETY:ACCIDENT PREVENTION contracts on the National Highway System. This provision is applicable to all Federal-aid construction 1.The contractor shall perform with its own organization contract contracts and to all related subcontracts. work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total 1. In the performance of this contract the contractor shall comply original contract price,excluding any specialty items designated with all applicable Federal,State,and local laws governing safety, by the contracting agency. Specialty items may be performed by health,and sanitation(23 CFR 635).The contractor shall provide subcontract and the amount of any such specialty items all safeguards,safety devices and protective equipment and take performed may be deducted from the total original contract price any other needed actions as it determines,or as the contracting before computing the amount of work required to be performed by officer may determine,to be reasonably necessary to protect the the contractor's own organization(23 CFR 635.116). life and health of employees on the job and the safety of the public and to protect property in connection with the performance a. The term"perform work with its own organization"refers to of the work covered by the contract. workers employed or leased by the prime contractor,and equipment owned or rented by the prime contractor,with or 2. Itis a condition of this contract,and shall be made a condition without operators. Such term does not include employees or of each subcontract,which the contractor enters into pursuant to equipment of a subcontractor or lower tier subcontractor,agents this contract,that the contractor and any subcontractor shall not of the prime contractor,or any other assignees. The term may permit any employee,in performance of the contract,to work in include payments for the costs of hiring leased employees from surroundings or under conditions which are unsanitary,hazardous an employee leasing firm meeting all relevant Federal and State or dangerous to his/her health or safety,as determined under regulatory requirements. Leased employees may only be construction safety and health standards(29 CFR 1926) included in this term if the prime contractor meets all of the promulgated by the Secretary of Labor,in accordance with following conditions: Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). (1)the prime contractor maintains control over the supervision of the day-today activities of the leased 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that employees; the Secretary of Labor or authorized representative thereof,shall (2)the prime contractor remains responsible for the quality of have right of entry to any site of contract performance to inspect the work of the leased employees; or investigate the matter of compliance with the construction (3)the prime contractor retains all power to safety and health standards and to carry out the duties of the accept or exclude individual employees from work on the project; Secretary under Section 107 of the Contract Work Hours and and Safety Standards Act(40 U.S.C.3704). (4)the prime contractor remains ultimately responsible for the payment of predetermined minimum wages,the submission of payrolls,statements of compliance and all other Federal VIII. FALSE STATEMENTS CONCERNING HIGHWAY regulatory requirements. PROJECTS G-7 This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. This provision is applicable to all Federal-aid construction contracts,design-build contracts,subcontracts,lower-tier In order to assure high quality and durable construction in subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring conformity with approved plans and specifications and a high approval or that is estimated to cost$25,000 or more— as as degree of reliability on statements and representations made by defined in 2 CFR Parts 180 and 1200. engineers,contractors,suppliers,and workers on Federal-aid highway projects,it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or 1.Instructions for Certification—First Tier Participants: misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding a.By signing and submitting this proposal,the prospective first regarding the seriousness of these and similar acts,Form FHWA- tier participant is providing the certification set out below. 1022 shall be posted on each Federal-aid highway project(23 CFR 635)in one or more places where it is readily available to all b.The inability of a person to provide the certification set out persons concerned with the project: below will not necessarily result in denial of participation in this covered transaction.The prospective first tier participant shall 18 U.S.C.1020 reads as follows: submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination "Whoever,being an officer,agent,or employee of the United whether enter into this transaction.However,failure of the States,or of any State or Territory,or whoever,whether a person, i tiv association,firm,or corporation,knowingly makes any false prospective first tier participant furnish a certification or an statement,false representation,or false report as to the explanation shall disqualify suchh a person from participation in this transaction. character,quality,quantity,or cost of the material used or to be used,or the quantity or quality of the work performed or to be c.The certification in this clause is a material representation of performed,or the cost thereof in connection with the submission fact upon which reliance was placed when the contracting agency of plans,maps,specifications,contracts,or costs of construction determined to enter into this transaction.If it is later determined on any highway or related project submitted for approval to the that the prospective participant knowingly rendered an erroneous Secretary of Transportation',or certification,in addition to other remedies available to the Federal Whoever knowingly makes any false statement,false Government,the contracting agency may terminate this transaction for cause of default. representation,false report or false claim with respect to the character,quality,quantity,or cost of any work performed or to be d.The prospective first tier participant shall provide immediate performed,or materials furnished or to be furnished,in connection written notice to the contracting agency to whom this proposal is with the construction of any highway or related project approved submitted if any time the prospective first tier participant learns by the Secretary of Transportation;or that its certification was erroneous when submitted or has Whoever knowingly makes any false statement or false become erroneous by reason of changed circumstances. representation as to material fact in any statement,certificate,or "" e.The terms"covered transaction,""debarred, suspended," report submitted pursuant to provisions of the Federal-aid Roads "ineligible,""participant,""person," "principal,"and"voluntarily Act approved July 1, 1916,(39 Stat.355),as amended and excluded,"as used in this clause,are defined in 2 CFR Parts 180 supplemented; and 1200. "First Tier Covered Transactions"refers to any Shall be fined under this title or imprisoned not more than 5 covered transaction between a grantee or subgrantee of Federal years or both." funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL subcontracts). "First Tier Participant"refers to the participant who WATER POLLUTION CONTROL ACT has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier Participant"refers any participant who This provision is applicable to all Federal-aid construction has entered into a covered transaction with a First Tier Participant contracts and to all related subcontracts. or other Lower Tier Participants(such as subcontractors and suppliers). By submission of this bid/proposal or the execution of this contract,or subcontract,as appropriate,the bidder,proposer, f.The prospective first tier participant agrees by submitting this Federal-aid construction contractor,or subcontractor,as proposal that,should the proposed covered transaction be appropriate,will be deemed to have stipulated as follows: entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, 1.That any person who is or will be utilized in the performance declared ineligible,or voluntarily excluded from participation in of this contract is not prohibited from receiving an award due to a this covered transaction,unless authorized by the department or violation of Section 508 of the Clean Water Act or Section 306 of agency entering into this transaction. the Clean Air Act. 2.That the contractor agrees to include or cause to be included g.The prospective first tier participant further agrees by the requirements of paragraph(1)of this Section X in every submitting this proposal that it will include the clause titled subcontract,and further agrees to take such action as the "Certification Regarding Debarment,Suspension,Ineligibility and contracting agency may direct as a means of enforcing such Voluntary Exclusion-Lower Tier Covered Transactions,"provided requirements. by the department or contracting agency,entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, transactions exceeding the$25,000 threshold. INELIGIBILITY AND VOLUNTARY EXCLUSION G_g .ft. AM141 b.The certification in this clause is a material representation of h.A participant in a covered transaction may rely upon a fact upon which reliance was placed when this transaction was certification of a prospective participant in a lower tier covered entered into. If it is later determined that the prospective lower tier transaction that is not debarred,suspended,ineligible,or participant knowingly rendered an erroneous certification,in voluntarily excluded from the covered transaction,unless it knows addition to other remedies available to the Federal Government, that the certification is erroneous. A participant is responsible for the department,or agency with which this transaction originated ensuring that its principals are not suspended,debarred,or may pursue available remedies,including suspension and/or otherwise ineligible to participate in covered transactions. To debarment. verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may, but is not c.The prospective lower tier participant shall provide required to,check the Excluded Parties List System website immediate written notice to the person to which this proposal is (htti)s://www.epls.ciov/),which is compiled by the General submitted if at any time the prospective lower tier participant Services Administration. learns that its certification was erroneous by reason of changed circumstances. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to d.The terms'covered transaction,""debarred,""suspended," render in good faith the certification required by this clause.The "ineligible,""participant,""person,""principal,"and"voluntarily knowledge and information of the prospective participant is not excluded,"as used in this clause,are defined in 2 CFR Parts 180 required to exceed that which is normally possessed by a prudent and 1200. You may contact the person to which this proposal is person in the ordinary course of business dealings. submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered j.Except for transactions authorized under paragraph(f)of transaction between a grantee or subgrantee of Federal funds these instructions,if a participant in a covered transaction and a participant(such as the prime or general contract). "Lower knowingly enters into a lower tier covered transaction with a Tier Covered Transactions"refers to any covered transaction person who is suspended,debarred,ineligible,or voluntarily under a First Tier Covered Transaction(such as subcontracts). excluded from participation in this transaction,in addition to other "First Tier Participant"refers to the participant who has entered remedies available to the Federal Government,the department or into a covered transaction with a grantee or subgrantee of Federal agency may terminate this transaction for cause or default. funds(such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered ***** transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 2. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—First Tier Participants: e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier a. The prospective first tier participant certifies to the best of its covered transaction with a person who is debarred,suspended, knowledge and belief,that it and its principals: declared ineligible,or voluntarily excluded from participation in (1) Are not presently debarred,suspended,proposed for this covered transaction,unless authorized by the department or agency with which this transaction originated. debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department f.The prospective lower tier participant further agrees by or agency; submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and (2) Have not within a three-year period preceding this Voluntary Exclusion-Lower Tier Covered Transaction,"without proposal been convicted of or had a civil judgment rendered modification,in all lower tier covered transactions and in all against them for commission of fraud or a criminal offense in solicitations for lower tier covered transactions exceeding the connection with obtaining,attempting to obtain,or performing a $25,000 threshold. public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes g.A participant in a covered transaction may rely upon a or commission of embezzlement,theft,forgery,bribery, certification of a prospective participant in a lower tier covered falsification or destruction of records,making false statements,or transaction that is not debarred,suspended, ineligible,or receiving stolen property; voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for (3) Are not presently indicted for or otherwise criminally or ensuring that its principals are not suspended,debarred,or civilly charged by a governmental entity(Federal,State or local) with commission of any of the offenses enumerated in paragraph otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any (aX2)of this certification;and lower tier prospective participants,each participant may,but is not (4) Have not within athree-year period preceding this required to,check the Excluded Parties List System website (https://www.epls.gov/),which is compiled by the General application/proposal had one or more public transactions Services Administration. (Federal,State or local)terminated for cause or default. h.Nothing contained in the foregoing shall be construed to b. Where the prospective participant is unable to certify to any require establishment of a system of records in order to render in of the statements in this certification,such prospective participant good faith the certification required by this clause.The knowledge shall attach an explanation to this proposal. and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course 2.Instructions for Certification-Lower Tier Participants: of business dealings. (Applicable to all subcontracts,purchase orders and other lower i.Except for transactions authorized under paragraph a of tier transactions requiring prior FHWA approval or estimated to these instructions,if a participant in a covered transaction cost$25,000 or more-2 CFR Parts 180 and 1200) knowingly enters into a lower tier covered transaction with a a.By signing and submitting this proposal,the prospective person who is suspended,debarred,ineligible,or voluntarily lower tier is providing the certification set out below. G-9 excluded from participation in this transaction,in addition to other This provision is applicable to all Federal-aid projects funded remedies available to the Federal Govemment,the department or under the Appalachian Regional Development Act of 1965. agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as ***** on-site work,shall give preference to qualified persoris who regularly reside in the labor area as designated by the DOL Certification Regarding Debarment,Suspension,Ineligibility wherein the contract work is situated,or the subregion,or the and Voluntary Exclusion—Lower Tier Participants: Appalachian counties of the State wherein the contract work is situated,except: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently a.To the extent that qualified persons regularly residing in the debarred,suspended,proposed for debarment,declared area are not available. ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to 2.Where the prospective lower tier participant is unable to certify assure an efficient execution of the contract work. to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective ***•* bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed X.CERTIFICATION REGARDING USE OF CONTRACT FUNDS 20 percent of the total number of employees employed by the FOR LOBBYING contractor on the contract work,except as provided in subparagraph(4)below. This provision is applicable to all Federal-aid construction 2.The contractor shall place a job order with the State contracts and to all related subcontracts which exceed$100,000 Employment Service indicating(a)the classifications of the (49 CFR 20). laborers, mechanics and other employees required to perform the 1.The prospective participant certifies,by signing and submitting contract work,(b)the number of employees required in each this bid orproposal,ctivto the best of his or her knowledge and belief, classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent that: information required by the State Employment Service to complete the job order form. The job order may be placed with a.No Federal appropriated funds have been paid or will be the State Employment Service in writing or by telephone. If paid,by or on behalf of the undersigned,to any person for during the course of the contract work,the information submitted influencing or attempting to influence an officer or employee of by the contractor in the original job order is substantially modified, any Federal agency,a Member of Congress,an officer or the participant shall promptly notify the State Employment employee of Congress,or an employee of a Member of Congress Service. in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the 3.The contractor shall give full consideration to all qualified job ented6g into of any cooperative agreement,and the extension, applicants referred to him by the State Employment Service. The continuation,renewal,amendment,or modification of any Federal contractor is not required to grant employment to any job contract,grant,loan,or cooperative agreement. applicants who,in his opinion,are not qualified to perform the b.If any funds other than Federal appropriated funds have classification of work required. been paid or will be paid to any person for influencing or 4.If,within one week following the placing of a job order by the attempting to influence an officer or employee of any Federal contractor with the State Employment Service,the State agency,a Member of Congress,an officer or employee of Employment Service is unable to refer any qualified job applicants Congress,or an employee of a Member of Congress in to the contractor,or less than the number requested,the State connection with this Federal contract,grant,loan,or cooperative Employment Service will forward a certificate to the contractor agreement,the undersigned shall complete and submit Standard indicating the unavailability of applicants. Such certificate shall be Form-LLL,"Disclosure Form to Report Lobbying,"in accordance made a part of the contractor's permanent project records. Upon with its instructions. receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by 2.This certification is a material representation of fact upon the certificate,notwithstanding the provisions of subparagraph which reliance was placed when this transaction was made or (1c)above. entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 5. The provisions of 23 CFR 633.207(e)allow the 1352. Any person who fails to file the required certification shall contracting agency to provide a contractual preference for the use be subject to a civil penalty of not less than$10,000 and not more of mineral resource materials native to the Appalachian region. than$100,000 for each such failure. 6.The contractor shall include the provisions of Sections 1 3.The prospective participant also agrees by submitting its bid through 4 of this Attachment A in every subcontract for work or proposal that the participant shall require that the language of which is,or reasonably may be,done as on-site work. this certification be included to all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS G-10