HomeMy WebLinkAbout5.223 Original ContractDATE September 6, 1988
TO City Manager City Council
FROM Jack Pittis, Director of Public
SUBJECT Consideration of a Consultant Contract for Materials Testing
Golf Course Road Reconstruction
ISSUE: Should the City obtain the services of an engineering consultant for
Materials Testing on the Golf Course Road Reconstruction project?
BACKGROUND /ANALYSIS: On August 2, 1988, the City Council awarded the
contract for reconstruction of Golf Course Road. The project is federally funded
at 87% of approved construction and engineering costs. Proper construction methods
and State /Federal regulations require testing of materials used and placed during
construction. Approval and funding could be withheld if materials placed do not
meet testing standards outlined in the project specifications. In that the City
Engineering Department is not equipped to perform the required testing, local
engineering firms were interviewed to provide materials testing services. As a
result of the interviews Northwestern Territories, Inc. was selected to provide the
services.
RECOMMENDATION: We recommend that the City Council authorize the Mayor
to execute an engineering contract with Northwestern Territories, Inc. in the amount
not to exceed $14,000.00.
ary Ken or
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y, City Engine; r
MEMORANDUM
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S :221
CONSULTANT AGREEMENT FOR MATERIALS TESTING
THIS AGREEMENT is made and entered into on this day of SePfet*4._
19 go$ by and between the CITY OF PORT ANGELES, Washington, herein-
after called the "AGENCY", and the consulting firm of NORTHWEST
TERRITORIES, INC., whose address is 717 So. Peabody, Port Angeles, WA
98362, the location in Washington State at which work will be
available for inspection, hereinafter called the "CONSULTANT
WHEREAS, the FEDERAL GOVERNMENT through its Department of Transporta-
tion and FHWA, pursuant to Title 23, U.S. Code, has established a
program of Federal aid to the states designated as the Federal -aid
Program, with a general purpose to increase the safety and capacity of
roads in the United States, which program is administered by the Urban
Arterial Board, hereinafter called the UAB, and which administers
funds called the Urban Arterial Trust funds, and
WHEREAS, the Agency desires to accomplish City Project No. 80 -15
using such funds, and
WHEREAS, the Agency has not sufficient qualified engineering
employees necessary to verify that materials and construction
operations controlled by sampling and testing are in conformance with
construction plans, specifications and contract documents within a
reasonable time and the Agency deems it advisable and is desirous of
engaging the professional services and assistance of a qualified
consulting materials testing firm to do the necessary testing work for
the project and to develop a testing schedule to accept, sample, and
test all materials furnished by a contractor or agency to determine if
they are satisfactory for incorporation into the work using commonly
recognized standards of national organizations; and
WHEREAS, the Consultant has represented and by entering into this
Agreement now represents, that he is in full compliance with the
statutes of the State of Washington, and that all personnel to be
assigned to the work required under this Agreement are fully qualified
to perform the work to which they will be assigned in a competent and
professional manner, being familiar with the methods and procedures
involved in construction operations so that the Consultant can
appraise intelligently the causes of troubles if they occur, and
WHEREAS, the Consultant has indicated that he desires to do the work
set forth in the Agreement upon the terms and conditions set forth
below.
NOW, THEREFORE, in consideration of the terms, conditions, covenants
and performances contained hereinbelow, the parties hereto agree as
follows:
1
I
OBJECTIVES AND SCOPE OF WORK
The objective of the Agreement is to provide material testing services
necessary for the enforcement of all specifications and other
documents governing construction operations for the Project as
described in the attached Exhibit "A
The scope of work shall include all services, labor, tools, equipment,
and materials necessary or incidental, to accomplish the work as
indicated in attached Exhibit "A
II
DOCUMENTS
A. ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE AGENCY
The Agency will furnish the Consultant copies of methods of tests,
procedures, forms, or documents which are available to the Agency that
will facilitate the preparation of the tests and studies within the
limits of the project, including the following:
1. Forms for tests to be accomplished, (See Exhibit "A
2. Plans and Specifications.
3. Access to required manuals, etc.
B. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
The following documents, exhibits or other presentations for the work
covered by this Agreement shall be furnished by the Consultant to the
Agency upon completion of the various phases of the work. All such
material, including photographic negatives used in the project, shall
become and remain the property of the Agency and may be used by it
without restriction. Such unrestricted use not occurring as a part of
this project shall be without liability or legal exposure to the
Consultant.
Records and Report including but not limited to:
Daily report
Inspectors record of field tests
Preliminary samples and tests
Acceptance samples and tests
Form letters
Material certification
Approval of source
2
Manufacturers certificate of compliance
Various forms provided by the Agency for their use in keeping
records of construction activities for various phases of
the work.
Cost Per Unit of Work
III
TIME OF BEGINNING AND COMPLETION
The Consultant shall not begin work under the terms of this Agreement
until authorized in writing by the Agency. The time required, in
calendar days, for completion of all work under this Agreement shall
be 90 days following written authorization to begin.
Established completion time shall not be extended because of any
delays attributable to the Consultant, but may be extended by the
Agency in the event of a delay attributable to the Agency or because
of a delay caused by an act of God or governmental actions or other
conditions beyond the control of the Consultant. A prior supplemental
agreement issued by the Agency is required to extend the established
time.
IV
PAYMENT
The Consultant shall be paid by the Agency for completed work for
services rendered under this Agreement as provided hereinafter. Such
payment shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment and inci-
dentals as necessary to complete the work.
1. The Consultant shall prepare a fee proposal based upon a
proposed scope of work. Upon agreement by the Agency and the
Consultant upon a scope of work and related fee, a maximum
encumbrance, inclusive of expenses, will be established to
serve as a maximum amount payable for the project and will be
set forth herein in Paragraph IV 2. For accounting purposes,
the Consultant will be paid by itemized invoice for work
done, based upon mutually agreed unit rates for work defined
in Exhibit "A The listed rates are inclusive of actual
salaries, overhead, profit, tools, materials, and equipment
necessary or incidental for completion of the Agreement work.
2. The maximum total amount payable by the Agency to the
Consultant under this Agreement shall not exceed $14,000.00,
unless a supplemental agreement has been negotiated and
executed by the Agency prior to incurring any costs in excess
of the maximum amount payable.
3. The Consultant may submit invoices to the Agency not more
often than once per month during the progress of the work for
partial payment of work completed to date. The invoices will
indicate the units of work completed each day during the
invoice period in addition to the previous total. Such
invoices will be checked by the Agency and payment will be
made in full for the amount thereof as has been found to
represent the value of the completed work, less the amounts
previously paid.
The Consultant and its subconsultants shall keep available for
inspection, by representatives of the Agency, the State and United
States, for a period of three years after final payment, the cost
records and accounts pertaining to this Agreement and all items
related to, or bearing upon, these records with the following
exception: If any litigation, claim or audit is started before
the expiration of the three -year retention period, the records
shall be retained until all litigation, claims or audit findings
involving the records have been resolved. The three -year
retention period starts when the Consultant receives final
payment.
Payment for extra work performed under this Agreement shall be
paid as agreed to by the parties hereto in writing at the time
extra work is authorized. (Section VIII "EXTRA WORK
A short narrative progress report shall accompany each voucher for
progress payment. The report shall include discussion of any
problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for
Consultant employees, the Agency may conduct employee interviews.
Acceptance of such final payment by the Consultant shall
constitute a release of all claims of any nature which the
consultant may have against the Agency unless such claims are
specifically reserved in writing and transmitted to the Agency by
the Consultant prior to its acceptance. Said final payment shall
not, however, be a bar to any claims that the Agency may have
against the Consultant or to any remedies the Agency may pursue
with respect to such claims.
4
V
EMPLOYMENT
The Consultant warrants that he had not employed or retained any
company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract and that he has not
paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gifts or any other consideration,
contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the Agency shall
have the right to annul this Agreement without liability, or in its
discretion to deduct from the Agreement price of consideration or
otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
Any and all employees of the Consultant, while engaged in the perfor-
mance of any work or services required by the Consultant under this
Agreement, shall be considered employees of the Consultant only and
not of the Agency, and any and all claims that may or might arise
under the Workman's Compensation Act on behalf of said employees
while so engaged, and any and all claims made by a third party as a
consequence of any negligent act or omission on the part of the
Consultant's employees while so engaged on any of the work or services
provided to be rendered herein, shall be the sole obligation and
responsibility of the Consultant.
The Consultant shall not engage, on a full or part -time basis, or
other basis, during the period of the contract, any professional or
technical personnel who are or have been at any time during the period
of this contract, in the employ of the FHWA, State or Agency, except
regularly retired employees, without written consent of the public
employer of such person.
VI
REQUIRED CONTRACT PROVISION
FEDERAL -AID CONSTRUCTION CONTRACT
The Consultant agrees to comply with all applicable federal -aid
required contract provisions, as set forth in Exhibit "C and all
applicable affirmative action obligations, including those relating to
disabled veterans, Vietnam era veterans, and handicapped individuals,
as required by the affirmative action clauses set forth in 41 CFR
Chapter 60, which are incorporated herein by reference.
VII
CHANGES IN WORK
The Consultant shall make all such revisions and changes in the
completed work of this Agreement as are necessary to correct errors
appearing therein, when required to do so by the Agency, without
additional compensation.
Should the Agency find it desirable for its own purposes to have
previously satisfactorily completed work or parts thereof revised, the
Consultant shall make such revisions, if requested and as directed by
the Agency in writing. This work shall be considered as Extra Work
and will be paid for as provided in Section VI.
VIII
EXTRA WORK
The Agency may desire to have the Consultant perform work or render
services in connection with this project in addition to or other than
work provided for by the expressed intent of this Agreement. Such
work will be considered as Extra Work and will be specified in a
written supplement to this Agreement which will set forth the nature
and scope thereof. Work under a supplemental Agreement shall not
proceed until authorized in writing by the Agency.
IX
TERMINATION OF AGREEMENT
A. The Agency reserves the right to terminate this Agreement at any
time upon not less than ten (10) days written notice to the
Consultant.
B. In the event of the death of a member, partner or officer of the
Consultant, or any of its supervisory personnel assigned to the
project, the surviving members of the Consultant hereby agree to
complete the work under the terms of this Agreement, if requested
to do so by the Agency. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the
Consultant and the Agency, if the Agency so chooses.
In the event of the death of any of the parties listed in the
previous paragraph, should the surviving members of the
Consultant, with the Agency's concurrence, desire to terminate
this Agreement, payment shall be made as set forth in Subsection C
of this section.
6
C. In the event this Agreement is terminated by the Agency other than
for fault on the part of the Consultant, a final payment shall be
made to the Consultant for actual cost for the work complete at
the time of termination of this Agreement, plus the following
described portion of the net fee. The portion of the net fee for
which the Consultant shall be paid shall be the same ratio to the
total net fee as the work complete is to the total work required
by the Agreement. In addition, the consultant shall be paid on
the same basis as above for any authorized extra work completed.
No payment shall be made for any work completed after ten (10)
days following receipt by the Consultant of the Notice to
Terminate. If the accumulated payment made to the Consultant
prior to Notice of Termination exceeds the total amount that would
be due as set forth hereinabove, then no final payment shall be
due and the Consultant shall immediately reimburse the Agency for
any excess paid.
D. In the event the services of the Consultant are terminated by the
Agency for fault on the part of the Consultant, the above stated
formula for payment shall not apply. In such an event, the amount
to be paid shall be determined by the Agency with consideration
given to the actual costs incurred by the Consultant in performing
the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of
termination, whether that work is in a form or of a type which is
usable to the Agency at the time of termination, the cost to the
Agency of employing another firm to complete the work required,
and the time which may be required to do so, and other factors
which affect the value to the Agency of the work performed at the
time of termination. Under no circumstances shall payment made
under this subsection exceed the amount which would have been made
if the formula set forth in the subsection above had been applied.
E. In the event this Agreement is terminated prior to completion of
the work, the original copies of all forms, tests and field notes
prepared by the Consultant prior to termination shall become the
property of the Agency for its use without restriction.
F. Payment for any part of the work by the Agency shall not consti-
tute a waiver by the Agency of the remedies of any type it may
have against the Consultant for any breach of this Agreement by
the Consultant or for failure of the Consultant to perform work
required of it by the Agency. Forbearance of any right under the
Agreement will not constitute waiver of entitlement to exercise
those rights with respect to any future act or omission by the
Consultant.
X
DISPUTES
Any dispute concerning questions of facts in connection with work not
disposed of by agreement between the Consultant and the Agency shall
be referred for determination to the Director of Public Works, whose
decision in the matter shall be final and conclusive on the parties to
this Agreement.
XI
LEGAL RELATIONS
The Consultant shall comply with all Federal Government, State and
local laws and ordinances applicable to the work to be done under this
Agreement. The contract shall be interpreted and construed in
accordance with the laws of Washington.
The Consultant, its successors or assigns, will protect, save, and
hold harmless the State and Agency and their authorized agents and
employees, from all claims, actions, costs, damages, or expenses of
any nature whatsoever by reason of the acts or omissions of the
Consultant, its subconsultant, assigns, agents, contractors,
licensees, invitees, employees, or any other person whomsoever arising
out of or in connection with any acts or activities authorized by this
Agreement. The Consultant further agrees to defend the State and
Agency and their authorized agents and employees in any litigation,
including payment of any costs or attorney's fees for any claims or
action commenced thereon arising out of or in connection with acts or
activities authorized by this Agreement. This obligation shall not
include such claims, costs, damages, or expenses which may be caused
by the sole negligence of the State or Agency or their authorized
agents or employees: Provided, that if the claims or damages are
caused by or result from the concurrent negligence of (a) the State
and the Agency and their agents or employees, and (b) the Consultant,
its agents or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Consultant or
Consultant's agents or employees.
The Consultant shall secure regular Public Liability and Property
Damage Insurance Coverage in the amount of $500,000 for death or
injury to any one person and $1,000,000 for death or injury to two or
more persons in any one occurrence and $100,000 for property damage in
any one occurrence with any aggregate property damage coverage of
$200,000 for two or more occurrences from an insurance company
authorized to do business in the State of Washington.
The Consultant's relation to the Agency shall be at all times as an
independent contractor.
8
XII
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by
this Agreement without the express consent of the Agency.
The "Certification of Consultant" and "Certification of Agency
Official" attached hereto and marked Exhibit "D" by this reference is
made a part of this Agreement.
By
XIII
CERTIFICATION
XIV
COMPLETE AGREEMENT
This document and referenced attachments contains all covenants,
stipulations, and provisions agreed upon by the parties. No agent or
representative of either party has authority to make, and the parties
shall not be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein. No changes, amendments or
modifications of the terms hereof shall be valid unless reduced to
writing and signed by the parties as an amendment to this agreement.
XV
EXECUTION AND ACCEPTANCE
This Agreement may be simultaneously executed in several counterparts,
each of which shall be deemed to be an original having identical legal
effect. The Consultant does hereby ratify and adopt all statements,
representations, warranties, covenants and agreements contained in the
proposal and the supporting materials submitted by the Consultant, and
does hereby accept the Agreement and agrees to all the terms and
conditions thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
NORTHWEST TERRITORIES, INC. THE CITY OF PORT ANGELES
(Consultant) (Agency)
By
9
Frank McPhee, Mayor
EXHIBIT NAN
DESCRIPTION OF PROPOSED WORK
PROJECT NAME: GOLF COURSE ROAD RECONSTRUCTION
PROJECT NO: 80 -15
FEDERAL AND STATE AID PROJECT NOS: FAM 7535(1); SA 1122
In order to determine that the materials incorporated in this con-
struction project meet minimum requirements, they will be required to
be tested. The Consultant is required to perform these tests and
interpret the results with an understanding of certain peculiarities
and general performance characteristics of the materials to be incor-
porated into this project. Major construction items or materials
deemed to require quality control testing are as follows:
AGGREGATES:
Crushed surfacing
Ballast
Gravel backfill
Aggregate tests:
a. Sieve analysis (fine and coarse)
b. Percent of fracture
c. Moisture
d. Sand equivalent
e. Field density
ASPHALT CONCRETE PAVEMENT:
Mix design tests:
a. Aggregate gradation
b. Fracture
c. Moisture
1
d. Temperature
e. Quick Extraction
PORTLAND CEMENT CONCRETE
Aggregate Gradation:
a. Test cylinders
b. Slump tests
c. Air entrainment
d. Temperature
COMPACTION
Roadway Embankment, Trench Backfill and embankment slopes
a. Maximum density
b. Optimum moisture
c. Field density control tests
Asphalt concrete pavement
a. Field density control tests
The Consultant shall prepare such information and tests as may be
pertinent and necessary, or as may be requested by the Agency, in
order to pass judgment on the features of the work. The Consultant
shall make such minor changes, amendments or revisions in the detail
of the work as may be required by the Agency. This item does not
constitute an "Extra Work" item as related in Section X of the
Agreement. When alternatives are being considered, the Agency shall
have the right of selection.
Job site samples shall be obtained, tested and recorded following
methods of all field and laboratory material testing described in the
Contract Documents, Exhibit "B the Washington State Department of
Transportation Standard Specifications for Road, Bridge and Municipal
Construction, the Washington State Department of Transportation
Construction Manual, the Washington State Department of Transportation
Laboratory Manual, or in the recognized standards of national
organizations. The exact point of acceptance will be determined by
the Agency.
The Consultant shall be entirely familiar with the specifications and
methods applicable to the work. Before construction begins, the
Consultant shall secure all labor, facilities, and equipment necessary
to carry out the material testing duties. The Consultant must be
equipped with proper tools, equipment to test the materials, and the
facilities to carry out the work in a proper manner and obtain test
results which are accurate and complete. This equipment shall include
but not be limited to: air and asphalt thermometers, sieves and
scales, tapes and rules, canvass sample sacks, containers for sampling
asphalt, forms, diary book, nuclear density gauge, slump cone, air
meter, etc.
The Consultant will provide to the Agency for its approval any
certifications of equipment and its employees for testing of material
required for this project. The Consultant will, for each material,
determine what forms, record keeping, and documentation is required
for each test report, sample or material.
The Consultant shall perform the work in a manner that will minimize
interference and delay for all forces involved. The testing schedule
shall be prepared with such provision and in such detail as to permit
reasonable assurance that the work, materials, rate of progress and
quantities comply with the contract for construction and other
purposes within a degree of accuracy acceptable to the Agency. The
Consultant shall devote the attention required to make reasonable
progress on the work and shall cooperate fully with the Agency and its
inspectors. Sufficient samples representative of proposed materials
shall be taken to ensure that minimum specification requirements are
met. It shall be understood that all costs incurred for materials
testing that exceed the minimum requirements or do not meet the
Agreement requirements shall be at the Consultant's risk and will not
be subject to payment. The Agency's assistants and inspectors have
the authority to reject and suspend work that is being done
improperly, subject to final decisions of the Agency.
The Agency shall supervise construction and testing services,
including the review and approval of all acceptance, testing and
materials during construction, as required; however, the Consultant,
when requested by the Agency, shall without additional compensation
give general advice and make visits to the site for explanation of
test results and to generally review the project.
The tests prepared by the Consultant under this agreement shall be
verified by a complete check by the Consultant and shall be so
certified by the Consultant. The Consultant will be held responsible
for the accuracy of the work, even though the work has been accepted
by the Agency.
Consultant's duties include the following:
1. See that requirements are met for materials.
2. Perform required sampling of products and materials, screen
analysis, sand equivalent, fracture, moisture, etc.
3. Keep accurate and complete records of field and laboratory
tests.
4. See that Agency is informed of test results.
5. Enter all pertinent information concerning each day's work in
Daily Inspector's Report.
Inspections, tests, measurements or other acts or functions performed
by consultant personnel are recognized as being for the sole purpose
of assisting the Agency. All work done and all materials furnished
shall be subject to inspection by the Agency. At all times during
construction, the Agency shall have access to the work, and shall be
furnished sufficient, safe and proper facilities for ascertaining that
the tests furnished and work performed are as required by the
contract. The Consultant shall furnish without charge such samples of
materials used or to be used in the construction as may be required to
ensure conformance with the contract.
All instructions or advice concerning materials not conforming to
specifications shall be issued to the Agency. Immediately contact the
Agency for further instructions. A diary must be kept showing all
instructions issued to the Agency.
All work done under this Description of Proposed Work will be in
accordance with the contract forms, plans, special provisions,
specifications, addenda, and other supplemental documents as
essential parts of the contract. The requirements of one is binding
as though occurring in all.
Failure or neglect on the part of the Consultant to condemn
unsatisfactory material or reject inferior workmanship will in no way
release the Consultant, nor shall it be construed to mean the
acceptance of such work, nor shall final acceptance bar the Agency
from recovering damages in case of fraud or for defective work
resulting from the Consultant's dishonesty. No compensation will be
made for defective work or materials.
2. Aggregates Including:
5. Portland Cement
Note:
TESTING FEE SCHEDULE
For
GOLF COURSE ROAD PROJECT
August 18, 1988
1. Field Sampling and Inspection $28.00 /hr.
a. Fine and Coarse Sieve Analysis
b. Percent Fracture
c. Sand Equivalency
3. Compaction and Percent Moisture
4. Asphalt Concrete Pavement Including:
a. Aggregate Gradation
b. Percent Fracture
c. Percent Moisture (oven dry)
d. Temperature
e. Quick Extraction
186.00 ea.
a. Nuclear Moisture and Compaction 45.00 /hr. 1st 2 hrs /day
Testing as required 35.00 /hr. thereafter
b. Proctor Tests (required for each
soil type prior to nuclear testing) 122.50 ea.
265.00 ea.
a. Test cylinders (in lab) 2 /day min. 15.00 ea.
b. Cast cylinders, slump tests, air
entrainment and temperature 28.00 /hr.
Additional testing requested, but not included above,
will be performed at $28.00 /hour plus materials.
All testing includes written report.
EXHIBIT "B"
TESTING CRITERIA
The Agency will designate the basic premises and criteria for the
testing. Reports, forms and plans, to the extent feasible, shall be
developed in accordance with the latest edition and amendments of the
following:
1. Washington State Department of Transportation /American Public
Works Association (WSDOT /APWA), "Standard Specifications for
Road, Bridge and Municipal Construction
2. WSDOT /APWA, "Standard Plans for Road, Bridge and Municipal
Construction
3. Washington State Department of Transportation, "Highway
Design Manual
4. American Association of State Highway and Transportation
Officials, "Standard Specifications for Highway Bridges
5. Washington State Department of Transportation, "Bridge Design
Manual, Volumes 1 and 2
6. Washington State Department of Transportation, "Manual of
Highway Hydraulics
7. Washington State Department of Transportation, "Material
Laboratory Outline
8. Highway Research Board's Manual entitled, "Highway Capacity
9. FHWA and Washington State Department of Transportation,
"Manual on Uniform Traffic Control Devices for Streets and
Highways
10. Washington State Department of Transportation,
Manual
11. Washington State Department of Transportation,
Guidelines
"Construction
"Local Agency
12. Standard tests prepared by the Agency and furnished to the
Consultant shall be used as a guide in all cases where they
fit testing conditions.
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US Deportment of 1Yansportotion
Federal Highway Administration
Page
I. General 1
II. Nondiscrimination 1
III. Nonsegregated Facilities 2
IV. Payment of Predetermined Minimum Wage 3
V. Statements and Payrolls 5
VI. Record of Materials, Supplies, and Labor 6
VII. Subletting or Assigning the Contract 6
VIII. Safety: Accident Prevention 6
IX. False Statements Concerning Highway Projects 7
X. Implementation of Clean Air Act and Federal
Water Pollution Control Act 7
I. GENERAL
1. These contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the
contractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further
require their inclusion in any lower tier subcontract or purchase
order that may in turn be made. The Required Contract
Provisions shall not be incorporated by reference in any case.
The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with these
Required Contract Provisions.
3. A breach of any of the stipulations contained in these
Required Contract Provisions shall be sufficient grounds for
termination of the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in
29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V (except paragraph
3) of these Required Contract Provisions shall not be subject
to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the U.S.
Department of Labor (DOL) as set forth in 29 CFR Parts 5,
6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's
employees or their representatives.
6. Certification of Eligibility: By entering into this contract,
the contractor certifies as follows:
a. Neither the contractor nor any person or firm who has
an interest in the contractor's firm is ineligible to be awarded
Government contracts by virtue of Section 3(a) of the Davis
Bacon Act or 29 CFR 5.12(a)(1).
Form FHWA 1273 Previous editions are obsolete.
(Rev. 10.87) (50026.M115)
EXHIBIT "C"
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract
by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
c. The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001.
I1. NONDISCRIMINATION
(Applicable to Federal -aid construction contracts and related
subcontracts and purchase orders exceeding $10,000.)
1. Selection of Labor: During the performance of this
contract, the contractor shall not:
a. discriminate against labor from any other State,
possession, or territory of the United States, or
b. employ convict labor for any purpose within the limits
of the project unless it is labor performed by convicts who are
on parole, supervised release, or probation.
2. Employment Practices:
a. The Equal Employment Opportunity Affirmative
Action Notice set forth in 41 CFR 60-4.2 and the Equal
Employment Opportunity Construction Contract Specifications
set forth in 41 CFR 60-4.3 are incorporated by reference in this
contract.
b. Regulation 41 CFR 60-4.2 requires goals and timetables
for minority and female participation expressed in percentage
terms for the contractor's aggregate work force in each trade
on all construction work in the covered area. The goals for this
contract are stated elsewhere in the bidding documents and in
the construction contract.
c. Regulation 41 CFR 60-4.3 provides specific affirmative
action standards the contractor shall implement to ensure equal
employment opportunity in achieving the minority and female
participation goals set forth in paragraph 2b of this Section.
3. Equal Opportunity Clause: During the performance of this
contract, the contractor agrees as follows:
a. The contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard
to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment
advertising; layoffs or termination; rates of pay or other forms
of compensation; and, selection for training, including
apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the State highway agency (SHA)
setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or
national origin.
Page 1
c. The contractor will send to each labor union or
representative of workers with which the contractor has a
collective bargaining agreement or other contract or
understanding a notice to be provided by the SHA advising the
said labor union or workers' representative of the contractor's
commitments under this Section II, paragraph 3.
d. The contractor will comply with all provisions of
Executive Order 11246, Equal Employment Opportunity, dated
September 24, 1965, and of the rules, regulations (41 CFR Part
60), and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports
required by Executive Order 11246 and by rules, regulations,
and orders of the Secretary of Labor, pursuant thereto, and
will permit access to its books, records, and accounts by the
Federal Highway Administration (FHWA) and the Secretary
of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
f. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this Section II, paragraph 3, or
with any of the said rules, regulations, or orders, this contract
may be canceled, terminated, or suspended in whole or in part.
The contractor may be declared ineligible for further
Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive
Order 11246 and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 or by
rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
g. The contractor will include the provisions of this Section
II, paragraph 3, in every subcontract or purchase order so that
such provisions will be binding upon each subcontractor or
vendor, unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246. The contractor will take such action with respect
to any subcontract or purchase order as the SHA or the FHWA
may direct as a means of enforcing such provisions, including
sanctions for noncompliance. In the event a contractor becomes
a party to litigation by a subcontractor or vendor as a result
of such direction, the contractor may request the SHA to enter
into such litigation to protect the interest of the State. In
addition, the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
4. Selection of Subcontractors, Procurement of Materials,
and Leasing of Equipment:
a. The contractor shall not discriminate on the grounds
of race, color, sex, or national origin in the selection and
retention of subcontractors, including procurement of materials
and leases of equipment. In all solicitations made by the
contractor each potential subcontractor or supplier shall be
notified by the contractor of the contractor's obligations under
this contract relative to nondiscrimination on the grounds of
race, color, sex, or national origin.
b. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this Section II, paragraph 4,
this contract may be subject to sanctions including but not
limited to the withholding of payments to the contractor under
the contract until the contractor complies and /or cancellation,
termination, or suspension of the contract in whole or in part.
c. The contractor shall include the provisions of this
paragraph 4 in every subcontract, including procurement of
materials and leases of equipment. The contractor shall take
such action with respect to any subcontractor or procurement
Page 2
as the SHA or the FHWA may direct as a means of enforcing
such provisions, including sanctions for noncompliance. In the
event a contractor becomes involved in, or is threatened with,
litigation by a subcontractor or supplier as a result of such
direction, the contractor may request the SHA to enter into such
litigation to protect the interests of the State. In addition, the
contractor may request the United States to enter into such
litigation to protect the interests of the United States.
5. General Participation Requirements:
a. Policy: It is the policy of the DOT that disadvantaged
business enterprises (DBE's), as defined in 49 CFR Part 23, shall
have equal opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds.
Consequently, the requirements of 49 CFR Part 23 apply to
this contract.
b. Obligation: The contractor agrees to take all necessary
steps to ensure that eligible businesses, as defined in 49 CFR
Pars 23, have equal opportunity to compete for and perform
subcontracts financed in whole or in part with Federal funds
provided under this contract.
c. The contractor's failure to carry out the requirements
of paragraphs 5a and Sb of this Section II shall constitute a
breach of contract and may result in termination of the contract
or other appropriate action.
d. The contractor shall provide all information and reports
required by 49 CFR Part 23 or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined
by the SHA or the FHWA to be pertinent to ascertain
compliance with the regulations or directives.
III. NONSEGREGATED FACILITIES
(Applicable to Federal -aid construction contracts and related
subcontracts exceeding $10,000.)
a. By submission of this bid, the execution of this contract
or subcontract, or the consummation of this material supply
agreement or purchase order, as appropriate, the bidder,
Federal -aid construction contractor, subcontractor, material
supplier, or vendor, as appropriate, certifies that the firm does
not maintain or provide for its employees any segregated
facilities at any of its establishments, and that the firm does
not permit its employees to perform their services at any
location, under its control, where segregated facilities are
maintained. The firm agrees that a breach of this certification
is a violation of the Equal Opportunity Clause in this contract.
The firm further certifies that no employee will be denied access
to adequate facilities on the basis of sex.
b. As used in this certification, the term "segregated
facilities" means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, timeclocks,
locker rooms, and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees
which are segregated by explicit directive, or are, in fact,
segregated on the basis of race, color, religion, or national
origin, because of habit, local custom, or otherwise.
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements exceeding $10,000 and that it will
retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM
WAGE
(Applicable to Federal -aid construction contracts and related
subcontracts exceeding $2,000.)
1. General:
a. All mechanics and laborers employed or working upon
the site of the work will be paid unconditionally and not less
often than once a week and without subsequent deduction or
rebate on any account [except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR Part 3)] the full amounts of wages
and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination
of the Secretary of Labor (hereinafter "the wage
determination which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor or its subcontractors
and such laborers and mechanics. The wage determination
(including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL
poster (WH -1321) or Form FHWA -1495) shall be posted at all
times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily
seen by the workers. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon
Act (40 U.S.C. 276a) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of Section IV, paragraph 3b, hereof. Also,
for the purpose of this Section, regular contributions made or
costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided
in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for
each classification for the time actually worked therein,
provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class
of laborers or mechanics employed under the contract, which
is not listed in the wage determination, shall be classified in
conformance with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits therefor only when
the following criteria have been met:
(1) the work to be performed by the additional
classification requested is not performed by a classification in
the wage determination;
(2) the additional classification is utilized in the area by
the construction industry; and
(3) the proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the
additional classification or their representatives, and the
contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
contracting officer to the U.S. Department of Labor,
Administrator of the Wage and Hour Division, Employment
Standards Administration, Washington, D.C. 20210. The Wage
and Hour Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
d. In the event the contractor or subcontractors, as
appropriate, the laborers or mechanics to be employed in the
additional classification or their representatives, and the
contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Wage and
Hour Administrator for determination. Said Administrator, or
an authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30 -day period that
additional time is necessary.
e. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 2c or 2d of this
Section IV shall be paid to all workers performing work in the
additional classification from the first day on which work is
performed in the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
or subcontractors, as appropriate, shall either pay the benefit
as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does
not make payments to a trustee or other third person, he /she
may consider as part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written request
of the contractor, that the applicable standards of the Davis
Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S.
Department of Labor):
a. Apprentices:
(1) Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they
are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with
a State apprenticeship agency recognized by the Bureau, or if
a person is employed in his /her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate)
to be eligible for probationary employment as an apprentice.
Page 3
(2) The allowable ratio of apprentices to journeyman-
level employees on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate listed in the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site
in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a
contractor or subcontractor is performing construction on a
project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages
of the journeyman-level hourly rate) specified in the contractor's
or subcontractor's registered program shall be observed.
(3) Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level
of progress, expressed as a percentage of the journeyman-level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the
Administrator for the Wage and Hour Division determines that
a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.
(4) In the event the Bureau of Apprenticeship and
Training, or a State apprenticeship agency recognized by the
Bureau, widthdraws approval of an apprenticeship program,
the contractor or subcontractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate
for the comparable work performed by regular employees until
an acceptable program is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
(2) The ratio of trainees to journeyman-level employees
on the job site shall not be greater than permitted under the
plan approved by the Employment and Training
Administration. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his /her level of progress,
expressed as a percentage of the journeyman -level hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding
journeyman -level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits
as apprentices.
(4) In the event the Employment and Training
Administration withdraws approval of a training program, the
contractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
c. Equal Employment Opportunity:
The utilization of apprentices, trainees, and journeymen
level employees shall be in conformity with the equal
employment opportunity requirements of Executive Order
11246, 23 CFR 230A, and 29 CFR Part 30.
5. Apprentices and Trainees (Programs of the U.S.
Department of Transportation):
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting equal employment
opportunity in connection with Federal -aid highway
construction programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted
by the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request
of an authorized representative of the DOL withhold, or cause
to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime
contractor, or any other federally- assisted contract subject to
Davis -Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure
to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work,
all or part of the wages required by the contract, the SHA
contracting officer may, after written notice to the contractor,
take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until
such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part
of the contract work which may require or involve the
employment of laborers, mechanics, watchmen, or guards
(including apprentices and trainees described in paragraphs 4
and 5 above) shall require or permit any laborer, mechanic,
watchman, or guard in any workweek in which he /she is
employed on such work, to work in excess of 40 hours in such
workweek unless such laborer, mechanic, watchman, or guard
receives compensation at a rate not less than one and one -half
times his /her basic rate of pay for all hours worked in excess
of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the
event of any violation 'of the clause set forth in paragraph 7
Page 4
above, the contractor and any subcontractor responsible
therefor shall be liable to the affected employee for his /her
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to
such District or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer, mechanic, watchman, or guard employed
in violation of the clause set forth in paragraph 7, in the sum
of $10 for each calendar day on which such employee was
required or permitted to work in excess of the standard
workweek of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request
of any authorized representative of the DOL withhold, or cause
to be withheld, from any monies payable on account of work
performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime
contractor, or any other federally- assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph 8
above.
V. STATEMENTS AND PAYROLLS
(Applicable to Federal -aid construction contracts and related
subcontracts exceeding $2,000.)
1. Compliance with Copeland Regulations (29 CFR Part 3):
The contractor shall comply with the Copeland Regulations of
the Secretary of Labor which are herein incorporated by
reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during
the course of the work and preserved for a period of 3 years
from the date of completion of the contract for all laborers,
mechanics, apprentices, trainees, watchmen, and guards
working at the site of the work.
b. The payroll records shall contain the name, social
security number, and address of each such employee, his or her
correct classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in Section
1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number
of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3b, has found that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor and
each subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs
anticipated or the actual costs incurred in providing such
benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of apprentices
and trainees, and the ratios and wage rates prescribed in the
applicable programs.
Page 5
c. Each contractor and subcontractor shall furnish'each
week in which any contract work is performed to the SHA
resident engineer a payroll of wages paid each of its employees
(including apprentices and trainees described in Section IV,
paragraphs 4 and 5 and watchmen and guards engaged on work
during the preceding weekly payroll period). The payrolls
submitted shall set out accurately and completely all of the
information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form
desired. Optional Form WH -347 is available for this purpose
and may be purchased from the Superintendent of Documents
(Federal stock number 029 005- 0014 -1), U.S. Government
Printing Office, Washington, D.C. 20402. The prime contractor
is responsible for the submission of copies of payrolls by all
subcontractors.
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his /her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of
this Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set
forth in the Regulations, 29 CFR Part 3;
(3) that each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified
in the applicable wage determination incorporated into the
contract.
e. The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this
Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for
inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall
permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available,
the SHA, the FHWA, DOL, or all may, after written notice
to the contractor, sponsor, applicant, or owner, take such
actions as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
ificate:
Upon comp
submit to the
ract t
cer,
F wit the voucher for final payment for any work
pe rmed under the contract, a certificate concerning wa
and ssifications for laborers, mechanics, watchme and
guards ployed on the project, in the following f
The undersigned contractor on
(Project N
hereby certifies that all rers, mechanics, apprentices,
trainees, watchmen, and and 'rectly employed or employed
by any subcontracto erforming ork under the contract on
the project have b n paid wages a tes not less than those
required by t contract provisions, nd that the work
performed each such laborer, mecha c, apprentice, or
trainee, w chman, and guard conformed to t classifications
set fo in the contract or *_raining progr provisions
app ble to the wage rate paid.
gnature and title
VI. RECORD OF MATERIALS, SUPPLIES,
AND LABOR
1. On all Federal -aid primary, urban, and Interstate System
contracts, except those which provide solely for the installation
of protective devices at railroad grade crossings, those which
are constructed on a force account or direct labor basis, highway
beautification contracts, and contracts for which the total final
construction cost for roadway and bridge is less than $1,000,000
(23 CFR Part 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA -47, "Statement of Materials
and Labor Used by Contractor of Highway Construction
Involving Federal Funds," prior to the commencement of work
under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also
of the quantities of those specific materials and supplies listed
on Form FHWA -47, and in the units shown on Form
FHWA-47.
c. Furnish, upon the completion of the contract, to the
SHA resident engineer on Form FHWA -47 together with the
data required in paragraph lb relative to materials and supplies,
a final labor summary of all contract work indicating the total
hours worked and the total amount earned.
2. At the prime contractor's option, either a single report
covering all contract work or separate reports for the contractor
and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING
THE CONTRACT
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated
by the State. Specialty items may be performed by subcontract
and the amount of any such specialty items so performed may
be deducted from the total original contract price before
computing the amount of work required to be performed by
the contractor's own organization (23 CFR Part 635)..
Page 6
a. "Its own organization" shall be construed to include
only workers employed and paid directly by the prime contractor
and equipment owned or rented by the prime contractor, with
or without operators. Such term does not include employees
or equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to
work that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid on the contract as
a whole and in general are to be limited to minor components
of the overall contract.
2. The contract amount upon which the requirement set forth
in paragraph 1 of this Section VII is computed includes the cost
of materials and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent
superintendent or supervisor who is employed by the firm, has
full authority to direct performance of the work in accordance
with the contract requirements, and is in charge of all
construction operations (regardless of who performs the work)
and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the SHA
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
SHA contracting officer,,or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the SHA has
assured that each subcontract is evidenced in writing and that
it contains all pertinent provisions and requirements of the prime
contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the SHA contracting officer may determine,
to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect
property in connection with the performance of the work
covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract entered into pursuant to this
contract, that the contractor and any subcontractor shall not
require any laborer or mechanic employed in performance of
the contract to work in surroundings or under conditions which
are unsanitary, hazardous, or dangerous to his /her health or
safety, as determined under construction safety and health
standards [Title 29, Code of Federal Regulations, Part 1926
(formerly Part 1518) as may be revised] promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (83 Stat. 96).
IX. FALSE STATEMENTS CONCERNING
HIGHWAY PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with
the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the project
is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice shall be posted on each Federal -aid highway project (23
CFR Part 635) in one or more places where it is readily available
to all persons concerned with the project:
s
NOTICE TO ALL PERSONNEL ENGAGED ON
FEDERAL -AID HIGHWAY PROJECTS
Title 18, United States Code, Section 1020, reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or
to be performed, or the costs thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted
for approval to the Secretary of Transportation; or.
"Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or
to be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
"Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -Aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
"Shall be fined not more than $10,000 or imprisoned not
more than 5 years, or both."
s
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable Federal -aid construction contracts and related
subcontracts exceeding $100,000.)
By submission of this bid, or the execution of this contract
or subcontract, as appropriate, the bidder, Federal -aid
construction contractor, or subcontractor, as appropriate, will
be deemed to have stipulated as follows:
1. That any facility that is or will be utilized in the
performance of this contract, unless such contract is exempt
under the Clean Air Act, as amended (42 U.S.C. 1857 et seq.,
as amended by Pub. L. 91 -604), and under the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251, et seq.,
as amended by Pub. L. 92 -500), Executive Order 11738, and
regulations in implementation thereof (40 CFR Part 15) is not
listed, on the date of contract award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facilities pursuant
to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance
with all the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act
and all regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt
of any communication from the Director, Office of Federal
Activities, EPA, indicating that a facility that is or will be
utilized for the contract is under consideration to be listed on
the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included
the requirements of paragraphs 1 through 4 of this Section X
in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing
such requirements.
Page 7
AMENDMENT
REQUIRED CONTRACT PROVISIONS
FEDERAL —AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Under Section IV, Paragraph 4a(1), add:
The provisions in this section allowing apprentices to work at
mess than the predetermined rate when they are registered in a
bona fide apprenticeship program registered with the U.S.
Department of Labor, Manpower Administration, or with the Bureau
of Apprenticeship and Training, does not preclude a requirement
fcr the Contractor to pay apprentices the full applicable:
predetsrmined rate• in the event a State Aptrenticesb.p Agency,
recognized by the Bureau, has not approved, or withdraws approval.
of as apprenticeship program.
Under Section VII, Item No. 1 is revised to read:
1. The Contractor shall perform with its own organization
contract work amounting to not less than 40 percent cf the
original total contract price, except that any items
designated by the State as "Specialty Items" may be performed
by subcontract and the amount of any such "Specialty Items" so
performed may ba deducted from the original total contract
Price before computing the amount of work required to be
Performed by the Contractor's cwr organization.
Amendment tc Form PBAA 1273
Revised Bacember 21, 1987
I hereby certify that I am S- 12. ry /ll ti /i v` duly
authorized representative of the firm of /VVor44, 5 err. T (4 sne.
whose address is 719 S- paoi be dw �f P Atka.A.�1@ --s WA, .g13G i
and that neither I nor the above 'firm I hereby represent has:
(a) employed or retained for a commission, percentage, brokerage,
contingent fee or other consideration, any firm or person
(other than a bona fide employee working solely for me or the
above Consultant) to solicit or secure this contract;
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or
person in connection with carrying out the contract;
(c) paid, or agreed to pay, to any firm, organization or person
(other than a bona fide employee working solely for me or the
above consultant) any fee, contribution, donation or consi-
deration of any kind for, or in connection with procuring or
carrying out the contract, except as here expressly stated
(if any)
I further certify that the firm I hereby represent is authorized
to do business in the State of Washington and that the firm is in full
compliance with the requirements of the State of Washington.
I acknowledge that these certificates are to be available to the
Agency, State Department of Transportation and the Federal Highway
Administration, U.S. Department of Transportation, in connection with
this contract involving participation of Federal -aid funds and is
subject to applicable State and Federal laws, both criminal and civil.
Date: SiS l i q r
EXHIBIT "D"
CERTIFICATION OF CONSULTANT
Sig
CERTIFICATION OF AGENCY OFFICIAL
ure Q
I hereby certify that I am the Agency Official of the City of Port
Angeles, Washington, and that the above consulting firm or his repre-
sentative has not been required, directly or indirectly, as an express
or implied condition in connection with obtaining or carrying out this
contract, to:
(a) employ or retain, or agree to employ or retain, any firm or
person, or
(b) pay or agree to pay to any firm, person, or organization, any
fee, contribution, donation or consideration of any kind,
except as here expressly stated (if any).
I acknowledge that this certificate is to be available to the
Federal Highway Administration, U.S. Department of Transportation, in
connection with this contract involving participation of Federal -aid
highway funds and is subject to applicable State and Federal laws,
both criminal and civil.
Date: 5G 9 PE