HomeMy WebLinkAboutAgenda Report - February 1, 2017 C-10TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
Cio
Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to
Professional Services Agreement with Michael Baker International, Inc., of Rancho
Cordova, for Labor Compliance Services, Various City Projects ($90,000)
February 1, 2017
Public Works Director
RECOMMENDED ACTION
Adopt resolution authorizing City Manager to execute Amendment No. 2
to Professional Services Agreement with Michael Baker International,
Inc., of Rancho Cordova, for labor compliance services, various City
projects, in the amount of $90,000.
BACKGROUND INFORMATION: The City of Lodi Public Works Department entered into a Professional
Services Agreement with Michael Baker International, Inc., on March 24,
2015, for assistance with labor compliance services. Federal- and State -
funded projects require a substantial amount of labor compliance oversight by agencies receiving these funds.
This oversight includes review of project payrolls for compliance with prevailing wages, timely confirmation
that contractors submit required documentation from prime and subcontractors, conducting employee labor
compliance interviews, and maintaining project files in preparation for Federal and State audits. The scope of
the original agreement included all of these tasks in addition to providing guidance to City staff on questions
relating to labor compliance.
The original agreement amount of $19,999 was allocated over two years to cover labor compliance services for
the Transit Bus Stop Improvements Projects and a portion of the Harney Lane Grade Separation Project. The
Professional Services Agreement was amended on March 28, 2016 to add $24,000 for continued labor
compliance services on the Harney Lane Grade Separation Project.
Amendment No. 2 will provide the option to extend the current agreement two additional years, for a total of
three years in addition to the original term of the agreement. The increase of $90,000 will provide
approximately $30,000 per year over the remaining term of the agreement, if all extensions are utilized. The
labor compliance oversight will be utilized on the next phase of the bus stop improvements, the remaining
elements of the Harney Lane Grade Separation Project, the Proposition 84 -funded White Slough Water
Pollution Control Facility Expansion Pond Project, and other federal- and State -funded projects requiring such
services. This will greatly reduce the amount of staff time dedicated to labor compliance and ensure proper
documentation and maintenance of files for federal and State audits.
FISCAL IMPACT:
Labor compliance services ensures proper completion of federal and State
projects, preventing the City from losing federal and State funding and prevents
fines being acquired due to Tabor non-compliance.
APPROVED:'
ep en Schr, City Manager
K:\WP\PROJECTS\TRANSIT\RFP for Payroll Review Assistance January 2015\CMichaelBakerAmendment2_2017.doc 1/23/17
Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for
Labor Compliance Services, Various City Projects ($90,000)
February 1, 2017
Page 2
FUNDING AVAILABLE: Funding appropriated with various capital projects.
1/1i-Arn
usan Bjork
Supervising Budget Analyst
Char es E. S mley, Jr.
Public Wo s Director
Prepared by: Julia Tyack, Transportation Planner
CES/JMT/tdb
Attachment
cc: Transportation Manager/Senior Traffic Engineer
K:\WP\PROJECTS\TRANSIT\RFP for Payroll Review Assistance January 2015\CMichaelBakerAmendment2..2017.doc 1/23/17
AMENDMENT NO. 2
Michael Baker International, Inc.
Professional Services Agreement
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this day of , 2017, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MICHAEL BAKER
INTERNATIONAL, INC. (hereinafter "CONSULTANT").
WITNESSETH:
1. WHEREAS, CONSULTANT and CITY entered into a Professional Services
Agreement on May 26, 2015, Consent to Assign on January 27, 2016, and
Amendment No. 2 on March 28, 2016 (collectively the "Agreement"),as set forth
in Exhibit 1, attached hereto and made part hereof; and
2. WHEREAS, CITY requested to amend the Scope of Services and increase the
fees by $90,000, for a total not to exceed amount of $133,999,as set forth in
Exhibit 2, attached hereto and made parthereof; and
3. WHEREAS, CITY requested to amend said Agreement to add two one-year
options to extend the Agreement; and
4. WHEREAS, CONSULTANT agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Scope of Services, Fees,
and Term of the Agreement. All other terms and conditions of the Agreement remain
unchanged.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Amendment No. 2 on 2017.
CITY OF LODI, a municipal corporation MICHAEL BAKER INTERNATIONAL, INC.
Hereinabove called "CITY" Hereinabove called "CONSULTANT"
STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
Name
Title:
Exhibit 1
AMENDMENT NO. 1
Michael Baker International, Inc.
Professional Services Agreement
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this 2.5(14` day of C-V\o.ccJn , 2016, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MICHAEL BAKER
INTERNATIONAL, INC. (hereinafter "CONSULTANT").
WITNESSETH:
1. WHEREAS, CONSULTANT and CITY entered into a Professional Services
Agreement (Agreement) on May 26, 2015, and Consent to Assign on January 27,
2016, as set forth in Exhibit 1 (attached); and
2. WHEREAS, CITY requested to amend the Scope of Services as set forth in
Exhibit 2 (attached); and
3. WHEREAS, CITY requested to amend the fees to increase the existing not to
exceed amount by $24,000, for a total, not to exceed $43,999, as set forth in
Exhibit 3 (attached); and
4. WHEREAS, CITY requested to amend said Agreement to extend the term
through March 30, 2018; and
5. WHEREAS, CONSULTANT agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Scope of Services, Fees,
and Term of the Agreement. All other terms and conditions of the Agreement remain
unchanged.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Amendment No. 1 on March a4 , 2016.
CITY OF LODI, a municipal corporation
Hereinabove called "CITY"
6. STEPHEN SCHWABAUER
6/
City Manager
Attest:
IFER
ERRAIOLO, City Clerk
Approved as to Form:
1
JANICE D.. MAGDICH
City Attorney
MICHAEL BAKER INTERNATIONAL, INC.
Hereinabove called "CONSULTANT"
Nalne: „dr fi Gus &rf
Title: V ice Prestc e(*.
Exhibit 1
CONSENT TO ASSIGNMENT- CONTRACT #6460
MICHAEL BAKER INTERNATIONAL, INC.— PAYROLL AND LABOR COMPLIANCE REVIEW
SERVICES
THIS CONSENT TO ASSIGNMENT OF PROFESSIONAL SERVICES AGREEMENT, is
made and entered thls ate" day of , 2016, by and between the CITY OF LODI, a
municipal corporation (hereinafter "cn-r), a MICHAEL BAKER INTERNATIONAL, INC.,
(hereinafter 'CONSULTANT).
WITNESSETH:
1. WHEREAS, Pacific Municipal Consultants and CITY entered into a Professional
Services Agreement (Agreement) on March 24, 2015, as set forth in Exhibit 1
(attached);
2. WHEREAS, Pacific Municipal Consultants wishes to assign the Agreement to Michael
Baker International, Inc.; and
3. WHEREAS, CITY consents to said assignment;
NOW, THEREFORE, the City provides approval to Pacific 'Municipal Consultants to
assign and agrees to and CONSULTANT accepts the assignment of the Agreement set forth in
Exhibit 1. All other terms and conditions, including compensation, shall remain as set forth in
the Agreement as set forth in Exhibit 1.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment
No. 1 on.ainu t,, cs , 2016.
CITY OF LODI, a municipal corporation MICHAEL BAKER INTERNATIONAL, INC.
hereinabove called "CONSULTANT"
City Manager
Attest:
me: Kaiv t - u4 -,s
Title: V +te ecccut erik-
PACIFIC MUNICIPAL CONSULTANTS
.11\6...44zudyK
vNIFER FERRAIOLO PHILIP O. CARTER
y Clerk Vice -President
Ap roved as to Form:
NICE D. MAGDICH
City Attorney
Exhibit 1 I
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parl:les
THIS AGREEMENT is entered into on 11-\nn r �'-i . 2015,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
Pacific Municipal Consultants (PMC) (hereinafter "CONSULTANT").
Section 1.2 Puroose
CITY selected the CONSULTANT to provide the services required in accordance
with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONSULTANT for assistance in
documenting and ensuring contract compliance with State and Federal regulations
(hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A.
CONSULTANT acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONSULTANT, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONSULTANT shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONSULTANT shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONSULTANTS contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONSULTANT shall
1
remain In contact with reviewing agencies and make all efforts to review and retum all
comments.
Section 2.3 Meetinus,
CONSULTANT shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONSULTANT acknowledges that CITY has relied on CONSULTANT's
capabilities and on the qualifications of CONSULTANT's principals and staff as identified
in its proposal to CITY. The Scope of Services shall be performed by CONSULTANT,
unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT
of any change of Project Manager and CITY is granted the right of approval of all
original, additional and replacement personnel at CITY's sole discretion and shall be
notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any
change.
CONSULTANT represents It is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONSULTANT represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONSULTANT to practice its profession, and
that CONSULTANT shall, at its own cost and expense, keep in effect during the hfe of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
The City acknowledges and agrees that the Consultant has invested
considerable time and money that would be difficult to quantify in the training and
development of Consultant's employees. Therefore, without receiving the Consultants
written permission, the City agrees not to hire, retain or contract with any employee of
Consultant who performs services for the City under this Agreement for a period of one
year from the date this Agreement is terminated.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONSULTANT shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
2
Section 2.6 Term
The term of this Agreement commences on March 30, 2015 and terminates upon
the completion of the Scope of Services or on March 30, 2017, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1) -year extensions; provided, City gives contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed four (4) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation .
CONSULTANT's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONSULTANT shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONSULTANT shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONSULTANT's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal. CITY shall make
payment within thirty (30) days receipt of each properly submitted invoice.
Section 3.3 Cost,
The Fee Proposal shaN include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
3
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT
to CITY for services under this Agreement. Upon request, CONSULTANT agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONSULTANT agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONSULTANT agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or Its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONSULTANT further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONSULTANT shall not
discriminate in the employment of Its employees or in the engagement of any sub
CONSULTANT on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONSULTANT shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Jndemnlficatlon and Resoonslbillty for Damao.
CONSULTANT to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
designated volunteers from and against any claims, damages, losses, and expenses
(including reasonable attomey's fees), arising out of performance of the services to be
performed under this Agreement, to the extent any such claim, damage, loss, or
expense is caused by the negligent ads, errors or omissions of CONSULTANT, any
subcontractor employed directly by CONSULTANT, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
4
injuries or damages arising out of the active negligence or willful misconduct of the City
of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Reaulrements for CONSULTANT
CONSULTANT shall take out and maintain during the Ilfe of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and Incorporated by this
reference.
Section 4.7 Successors and Assisi s
CITY and CONSULTANT each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONSULTANT shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shaN be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same Is personally served or upon receipt by express or overnight
delivery. postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mall, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Julia Tyack, Transportation Planner
To CONSULTANT: Pacific Municipal Consultants (PMC)
Attn: Philip O. Carter, President
2729 Prospect Park Drive, Suite 220
Rancho Cordova, CA 95670
5
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONSULTANT is Not an Employee of CITY
CONSULTANT agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an Independent CONSULTANT for and on behalf of CITY and
not an employee of CITY. CITY shall not direct the work and means for accomplishment
of the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONSULTANT meet specific standards without regard to
the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY or CONSULTANT may terminate this Agreement, with or without cause, by
giving the other party at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONSULTANT shaft be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONSULTANT shall immediately suspend all work on the Project and deliver any
documents or work In progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONSULTANT with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONSULTANT agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONSULTANT and clearly marked by CONSULTANT as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONSULTANT. CONSULTANT acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law. Jurisdiction. Severablllty. and Attorney's Fees
This Agreement shall be govemed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
wlttraidlaws, butthe rerhainder of -this Agreement shall bin force and effect. In the
6
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shah be entitled to reasonable attomey's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Reauirement
CONSULTANT acknowledges that Lodi Municipal Code Section 3.01.020
requires CONSULTANT to have a city business license and CONSULTANT agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.16 Captions,
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or Intent hereunder.
Section 4.16 Inteuration and Modification
This Agreement represents the entire understanding of CITY and CONSULTANT
as to those matters contained herein. No prior oral or written understanding shall be of
any force or effect with respect to those matters covered hereunder. This Agreement
may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such
documents during CONSULTANT's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONSULTANT to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONSULTANT harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were Intended.
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Section 4.20 Authority,
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit FundIna Conditions
® If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
�t: , fit. �• ] (Amu) x..)
J _ NIFER FERRAIOLO TEPHEN SCHWABAUF.
try Clerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attomey
PACIFIC MUNICIPAL CONSULTANTS (PMC)
By: ._
Name: P ILIP O. CARTER
Title; -.President
Attachments: I
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source; Various Federal Protect Accounts
(Business Unit & Account No.)
Doc ID:WP\ProJects\PSAs\PMC2015
CA:rev.012015
8
Exhibit NB
PMC'
January 20, 2015
Julia Tyad4 Tranaportadon Planner
CITY OF LODI
221 West Pine Street
Lodi, CA 95240
Iv/1 W1 -1w
RE: • REQUEST FOR PROPOSALS — PAYROLL AND LABOR COMPLIANCE REVIEW
Dear Ms. Tyadc
Thank you for your request for PMC's qualifications to provide labor compliance services to the City of
Lodi In Its state- and federally funded public works projects. PMC Is an experienced consultant that
provides talented and has d -working staff to supplement local resources. PMC has supported the City's
Community Development Block Grant (CDBG) program since 2006. This Includes providing labor
compliance monitoring services.
PROJECT UNDERSTANDING AND SCOPE OF WORK
PMC would be pleased to provide the scope of labor compliance services as described in your request
dated January 21, 2015. This will include documenting and ensuring contractor compliance with state
and federal regulations, including Davis Bacon prevailing wage requirements an City capital improvement
projects. Tasks may include but are not limited to employed Interviews (using HUD -11), payroll review
far compliance with prevailing wages, and timely communication with the prime contractor to obtain
correct documents from both the primo contractor and subcontractors. PMC will also attend
preconstructlon meedngs as requested to prepare the prime contractor for required payroll compliance
documents.
If desired, PMC will also assist with selecting and providing wage decisions, collecting and revlewing the
required I0 -day documentation, calculating and ordering wage restitution, and compiling Information for
and completing any required reports. Site visits by PMC will be scheduled to Interview employees and
also to observe and note the work being completed. Employee Interviews and site visit notes will be
used to examine certified payroll reports.
PROJECT PERSONNEL
The staff describe below will be providing services to the City.
JENNIFER GAsTELUM, SERVICE AREA LEAD
Ms. Gastelum has more than 14 years of experience In housing, pinning and project management As
the service area lead for housing and community development. she will provide general oversight.
2729 Rrapwl Park Drive. Bulls 220 • Rancho Cordova, CA 05870 • P: (9.18)9814884 • F: (919) 981-1474
CITY OF LODI
RE: REQUEST FOR PROPOSALS - PAYROLL AND LABOR COMPLIANCE REVIEW
Paget
ROB SRONCE, PROJECT MANAGER AND LABOR COMPLIANCE OFFICER
Mr. Sronce has over 20 years of housing and community development experience, with I I years of
direct experience working with HUD and HCD staff to administer federal and state housing and
community development grants. In that time, he has designed, developed, and Implemented housing
programs for several agencies as an employee and as a consultant. Mr. Sronce currendy provides on-site
assistance to the City of Lodi's CDBG program Including labor compliance monitoring. He also provides
labor compliance services to the City of Rancho Cordova.
RELEVANT FIRM EXPERIENCE
PMC has provided labor compliance services to the following clients:
County of Monterey (third -party review)
City of Walnut Creek
City of Citrus Heights
City of Rio Vista
• City of Lodi
• City of Rancho Cordova
• The Wayfarer Center of Woodland
• City of Elk Grove
• City of Corona (third -party review)
•
•
•
•
REFERENCES
Please find below three references for labor compliance services. Additional references are available on
request.
Joseph Wood, Manager
Neighborhood Services Division
City of Lodl
(209) 333-6711
Scott Thurmond, Executive Director
Friends of the Mission, Woodland
(916)416-0901
HOURLY RATES
Below are hourly billing rates for the listed personnel. PMC bilis in quarter-hour Increments and Invoices
on a monthly basis.
• Jennifer Gastelum, Service Area Lead
• Rob Sronce, Protect Manager and Labor Compliance Officer
Jessica Hayes, Housing Services and Development
Specialist
City of Rancho Cordova
(916) 851-8761
Sincerely,
PPhilip O. Carter
President
POC:rs:sw:jm
0:California. State oltodl, CIq API 3-1047 Labor Compliance
,xr
Robert 5? once
Project Manager
$135
$110
Not to Exceed $ 19,999
JENNIFER GASTELUM
Service Area Lead
MS Gasrelirm '.ding% over 13 years of experience:0 proleel.s throtighuu:
dnrl Washington She Is exoerioriceo In managing U
Di epaWlnn of housing Elements, ( loos ng Co oiio11 `5u'vi:v Repoits,
._J:l•',i)l!(lAten Pictliir Plans, Analysis of .mpeditinerits to Fair l lousing
Choice, and o[her 1.10,15E g i'ICIICy' loci i "IEn3 13er most recent housing
:lolr.=-v expel enc( Int hide, Hot, iinCl, F...lerrioni ides fo' over tvve do7.ori
dities as well dS Consolidated Flank For FTIIny juiisr.ilctions
thro icjriout : all`:;riti,l.
C iastelunl recently seiiiieo as the iahcr COrnplialce o'flf er on The
Crossings Ci New Rancho pioie'e'.., ao 18 -unit m,a!rifamily affordable rerit.zi
construction project, arid is currently overseeing Energy Lificiency and
Conservation Block (EECB(J) program monitoring arid reporting
assistance for the City of tlk Gro e.
RELEVANT PROJECT EXPERIENCE
Imperial County, HOME Grant Administration. Currently manages Imperial County's
HOME -funded First -Time I-l.omebuyers Program.
City of Rancho Cordova, CDBG. Provides as -needed technical assistance and guidance
to Mc City in the adminisi ration of Its housing and communlry development programs,
including programs funded by CDBG and housing impact fees.
City of Citrus !Lights, CDBG. Provides on-call technical assistance to the City for Its
CDBG and housing prograrns, inciitding guidance on eligibility, environmental review,
and reporting.
Monterey County, CDBG, NSP, HOME CallIOMC. Provides technical assistance
and guidance ro the County on its state housing and cunmrunity development granrs.
Efforts include record-keeping and reporting systems, compliance, and program
development.
EDUCATION
BS,C'ity and Regional Manning
College of Architecture and
Errvao unenwl Design, Callicaiva
Polytechnic State University, San
Luis Obispo
AA. American Rivet Junior College,
Sacramento
PROFESSIONAL
AFFILIATIONS AND
AWARDS
American Planning Association
(APA)
California Chapter of the American
Planning Association (CCAPA)
Parsons Infos tructure and
Technology, Inc, Excellence
at
Action Award, September 2003
American Planning Association,
2000 Student Pioneer Award, City of
Atascadero Draft General Plan, 2000
%1/2 PszfrettfitielellIKINISMINIONMIll
ROBERT S_ SRONCE
Project Manager and Labor Compliance Officer
o•,er _Q rats of housirig and community dedcopni ol(
with 1(1 years_ of experience working v,1th lilt) & id
`gill is adrn n stei ired,71:11 and state housing and community munity devclopmeni
grant;. In ("gat time, he 'tai designed, developed, and implemenved
nous:no urograms -o` >everaI dq nciees as a!1 ernpfriyee 30d es a consultant
RELEVANT PROJECT EXPERIENCE
City of Lodi, Ou-ske stalling to support the City's CI3i3G program including labor
compliance services. Th includes day-to-day management of subrecipiencs,
reporting, planning and compliance. Currently provides labor compliance
monitoring services to rhe City.
City of Rancho Cordova. Provides as -needed technical assistance olid guidance to
the City in the administration of its housing and community development
programs, including programs funded by cr i3G and housing impact Cees.
Currendy provides labor compliance services.
Wayfarer Center of Woodlaud. Provided labor compliance monitoring services for
the rehabilitation of the commercial kitchen at Walter's House, a mission of the
Wayfarer Center. Walters House provides residential treatment for alcoholism and
drug addiction. f
City of Corona. Provided technical assistance and program support in support of
the Chy a NSP, C178G, and HOME programs, including oversight and
management ofst lrl;rantees as well as compliants, research, planning. and
implementation. Reviewed Tabor compliance done by a third party.
City of Elle Grove. Provided as -Heeded technical aasistancc and guidance to the City
in the administration of its housing and cnmrnunity development programs, Part of
the ream assisting the. City w implement its federal NSP -funded programa.
Monterey County. Provided technical assistance and guidance to the County on its
scare housing and cotnrnunity development gran+. Efforts included record-keeping
and reporting systems, compliance, and program development. Reviewed labor
compliance done by a third party.
11
EDUCATION
BS, Community Studies, University
of California, Davis
I IUD -Certified HOME E Program
Specialist
EXHIBIT C
Insurance Roaulrementa ter Consultant The Consultant shall take out and maintain during the lite of this
Agreement insurance coverage as listed betow. These insurance policies shalt protect Consultant and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as welt as from claims for property damages, which may arise from Consultant's operations under
this Agreement, whether such operations be by Consultant, or by any subcontractor. or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 Aggregate
2. COjvIPREHENSIVE AUTOMORll F I.IARIISTY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned (if any), hired and non -hired
vehicles) operated in performing any and ail services pursuant to this Agreement. Coverage shall be written on
180 fort CA 00 01 12 90, or a Tater version of this form, or an equivalent form providing equivalent Iiabifity
coverage.
3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS
$1,000,000 Per Claim
Ali limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
employees, and designated volunteers. Alt deductibles Or self-insured retentions (SIR) must be disclosed to City's
Risk Manager for approval and shall not reduce the limits of liability set fortn hereinabove. Insurance policies
containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible er SIR may be
satisfied by either the Named Insured(s) or the City of Lodi.
It Is required that any available insurance proceeds broader than or In excess of the specified minimum insurance
coverage requirements andror limits set forth above. shall be available to City as an additional insured, Furthermore.
the requirements for coverage and limits shall be (I) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Consultant; whichever is greater.
Consultant agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in trio California Tort Claims Ari (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) AdditionaI Nefe d Insure ddrseIltn
Pursuant to a separate endorsornont ((SO form CO 2010 (11/85) or equivalent form) such insurance as is
afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions,
officers, employees, and designated volunteers as additional named Insureds.
(b) Prime� : i • . r- .1 • . o i II : l ndorsamen
Additional Insurance coverage under the Consultant's policy shall be 'primary and non-contributory and wIN
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO font CG 20
01 04 13.
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi. California, 95240; (2) The Insurance certificate must state, on its Lace or as an
endorsement, a description of the project that it is Insuring,
Page 1 1 of 2 pages T _ Risk rev.03.2014
InsurancuReaulremt►nte for Consultant (continued)
(c) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess Insurance. Any umbrella or excess Insurance of Consultant shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own Insurance or self-insurance shall be called upon io protect the City as a named insured.
(d) Comoleted Operations Endorsement
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 07 04, will be provided to the City of Lodi.
(e) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the Inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(f) Notice of Cancellation or Change in Coverndarsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St, Lodi,
CA 95240.
(g) Continuity of Coverage
Ati policies shall be in effect on or before the first day of the Tenn of this Agreement. At least thirty (30) days
prior to the expiration of each kisurance policy, Consultant shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Consultant
shall provide proof of continuing insurance on at least an annual basis during the Term. If Consultant's
insurance lapses or is discontinued for any reason, Conshltant shall Immediately notify the City and
immediately obtain replacement insurance.
(h) failure to Comely
If Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Consultant shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect In California. The
City shall notify Consultant of such payment of premiums within thirty (30) days of payment stai3ng the amount
paid, the name's) of the Insurer(s), and rate of interest. Consultant shall pay such reimbursement and Interest
on the first (1') day of the month following the City's notice. Notwithstanding and ouror pruvls€an of this
Agreement, if Consultant fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of Insurance, the City may terminate this Agreement upon such breach. Upon such
terminatlon, Consultant shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(i) Qualified insurers)
All Insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent ilst of California eligible surplus lines insurers (LESLi Ilst) and otherwise meet City requirements.
yyorkers Comosnsation insurance The Consultant shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Consultant's employees employed at the site of the project and, if any
work is sublet, Consultant shall require the subcontractor alimllarty to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Consultant. In case
any loss of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Consultant shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation Insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St, Lodi, CA
135240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
15age 2 of -6-1, ges -
Risk: rev.03.2014
L Exhibit D
-
Services — Federal Clauses
(under 625,000)
The following clauses are included with the City of Lod; Professional Service Agreement.
1. Access to Records
The following access to records requirements apply to this Contract:
Where the Purchaser Is nota State but B local government and is the FTA Recipient or a
subgrantee of the FTA Recipient In accordance with 49 C.F.R. 1&36(i), the Contractor agrees
to provide the Purchaser. the FTA Administrator, the Comptroller General of the United States
or any of their authorized representatives access to any books. documents, papers and records
of the Contractor which Ora directly pertinent to thls contract for the purposes of making audits.
examinations. excerpts and transcriptions. Contractor else agrees, pursuant to 49 G.F.R-
033.17 to provide the ETA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
protect. defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 6309 or 5311.
II Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 C.F.R. 633.17. Contractor agrees to provide the Purchaser, the FTA
Administrator w his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C, 5307, 5309 or 5311. By definition, a major capital project excludes
contracts of less than the simplified acquisition threshold currently set at $100.000.
III. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and Is an institution of higher education, a hospital or
other non-profit organization and is the F 1 A Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.46, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents. papers and record of the Contractor
which are d'irnctly pertinent to this contract for the purposes of making audits. examinations,
excerpts and transcriptions.
IV. Where any Purchaser which Is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters Into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or arty authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
V. The Contractor agrees to permit any of the foregoing partles to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
VI The Contractor agrees to maintain all books, records, accounts and reports required under this
contract far a period of not less than three years after the date of termination or expiration of
this contract, except in the evAnt of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives. have disposed of ail such litigation, appeals, claims or exceptions related
thereto- Reference 49 CFR 16.30(I)(11).
VII, FTA does not require the Inclusion of these requirements in subcontracts
2. Federal Changes
CONTRACTOR shag at ell times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Department of
Transportation, Federal Transit Administration. Master Agreement (FTA MA (20) dated October 1, 2013),
between Purchaser and FIA, as they may be amended or promulgated from time to time during the term
of this contract. CONTRACTOR's failure to so comply shall constitute a material breach of this contract,
3. No Government Obligation to Third Parties
1 CITY OF LODI and CONTRACTOR acknowledge and agree that, not withstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any obligations or
liabilities to CITY OF LODI , CONTRACTOR, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
II The CONTRACTOR agrees to include the above clause in each subcontract financed In whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not
be modified, except to identify the SUBCONTRACTOR who will be subject to its provisions.
4. Program Fraud and False or Fraudulent Statements or Related Acts.
I. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.G. § 3801 et seq . and U.S. DOT regulations, "Program Fraud
CMI Remedies," 49 C.F.R. Part 31, apply to Its actions pertaining to this Project. Upon
execution of the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract work is
being performed. In addition to other penalties that may be applicable, the CONTRACTOR
further acknowledges that If It makes. or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud CMI Remedies Act of 19136 on the CONTRACTOR
to the extent the Federal Government deems appropriate.
II. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to Impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on
the CONTRACTOR, to the extent the Federal Government deems appropriate.
III, The CONTRACTOR agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA, It is further agreed that the clauses
shall not be modified. except to identify the SUBCONTRACTOR who will be subject to the
provisions.
5. Civil Rights
The following requirements apply to the underlying contract:
I. Ng0dIscrinrin0on - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S C. §
2000d. section 303 of the Age Discrimination Act of 1.975, as amended, 42 U.S.C. § 6102,
section 202 of the Americans with Dlsabllit,es Act of 1990, 42 U.S.C. § 12132, and Federal
transit law al 49 U,S.C. § 5332. the CONTRACTOR agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, sex,
age, or disability. In addition, the CONTRACTOR agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue
2
II Faual Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract
Race, Calor. Creed, National Orcin, Sex - in accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
CONTRACTOR agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Pelts
60 et seq ., (which implement Executive Order No, 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity, 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The CONTRACTOR agrees to take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, national origin, sex, or age. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
CONTRACTOR agrees to comply with any Implementing requirements FTA may issue.
• Age - In accordance with section 4 of the Age Discrimination In Employment Act of 1967, as
amended, 29 U.S.C, § 823 and Federal transit law at 49 U.S.C. § 5332, the CONTRACTOR
agrees to refrain from discrimination against present and prospective employees for reason of
age. In addition, the CONTRACTOR agrees to comply with any implementing requirements
FTA may issue.
Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement
the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of parsons with disabilities. In addition, the CONTRACTOR agrees to
comply with any implementing requirements FTA may issue.
III. The CONTRACTOR also agrees to include these requirements In each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
6. Disadvantaged Business Enterprise (DBE)
City of Lodi Assurance
The CITY OF LODI shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any U.S. Department of Transportation (DOT) assisted contract or in the
administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR
part 26.
The CITY OF LODI will take all necessary and reasonable steps under 49 CFR Part 28 to ensure
nondiscrimination in the award and administration of DOT -assisted contracts.
It is the policy of the CITY OF LODI to ensure nondiscrimination in the award and administration of DOT -
assisted contracts and to create a level playing field an which Dt3Es can compete fairly for contracts and
subcontracts relating to the CITY OF LODI construction, procurement and professional services activities.
Contractor Assurance
Pursuant to 49 CFR Part 26, the CONTRACTOR is required to make the following assurance in its
agreement with the CITY OF LODI and to include this assurance in any agreements it makes with
subcontractors in the performance of this contract:
"The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin
or sex in the performance of this contract. The Contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure of the
3
Contractor or Subcontractor to cavy out these requirements is a material breach of contract,
which may result in the termination of contract by the CITY OF LODI, or any such remedy the
CITY OF LODI may deem appropriate.'
The City's DBE Program, as required by 49 CFR Part 26, as approved by DOT, is incorporated by
reference in this section.
Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated
as a violation of this contract. Upon -notification of failure to -carry out its approved program, the DOT
and/or the Federal Transit Administration (FTA) may Impose sanctions as provided for under Part 26 and
may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq).
7. Prompt Payment
Prompt Progress Payment to Subcontractors
Attention is directed to the provisions in Federal Regulations (49 CFR 26.29) concerning
payment to subcontractors. The contractor shall make prompt and regular incremental
acceptances of portions, as determined by the CITY OF LODI of the contract work and pay
retainage to the prirne contractor based on these acceptances.
II. Prompt Payment of Payment of Withheld Funds to Subcontractors
The contractor shall retum all monies withheld in retention from all subcontractors within thirty
(30) days after receiving payment for work satisfactorily completed and accepted including
incremental acceptances of portions of the contract work by the CITY OF LODI. Federal
Regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 day
may take place only for good cause and with the CITY OF LODI's prior written approval. Any
violation of this provision shall subject the violating contractor or subcontractor to the penalties,
sanctions, and other remedies specified in Section 7106.5 of the California Business and
Professions Code.
This requirement shall not be construed to Amit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of: a dispute
Involving late payment or nonpayment by the contractor, deficient subcontractor performance;
and/or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE
subcontractors
8. Incorporation of FTA 4220.1F Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The CONTRACTOR shall not perform any act,
fail to perform any act, or refuse to comply with any CITY OF LODI request, which would cause CITY OF
LODI to be in violation of the FTA terms and conditions.
9. Termination
Upon written notice, CONTRACTOR agrees that the Federal Government may suspend or terminate all
or part of the Federal financial assistance provided herein if CONTRACTOR has violated the terms of the
Grant Agreement or Cooperative Agreement, or if the Federal Government determines that the purposes
of the statute authorizing the Project would not be adequately served by the continuation of Federal
financial assistance for the Project. Any failure to make reasonable progress on the Project or other
violation of the Grant Agreement or Cooperative Agreement that endangers substantial performance of
the Project shall provide sufficient grounds for the Federal Govemment to terminate the Grant Agreement
or Cooperative Agreement. Termination of any Federal financial assistance for the Project will not
invalidate obligations properly incurred by CONTRACTOR before the termination date, to the extent those
obligations cannot be canceled. If, however, the Federal Government determines that CONTRACTOR
4
has willfully misused Federal assistance funds by tailing to make adequate progress, failing to make
reasonable and appropriate use of the Project real property, facilities, or equipment, or has felted to
comply with the terms of the Grant Agreement or Cooperative Agreement, the Federal Government
reserves the right to require CONTRACTOR to refund the entire amount of Federal funds provided for the
Project or any lesser amount as the Federal Government may determine. Expiration of any Project time
period established for the Project does not, by Itself, constitute an expiration or termination of the Grant
Agreement or Cooperative Agreement
I. Termination for Convenience: CITY OF LODI may terminate this contract, in whole or in
part, at any time by written notice to the CONTRACTOR. The CONTRACTOR shall be
paid its costs, including contract closeout costs, and profit on work performed up to the
time of termination. The CONTRACTOR shall promptly submit its termination claim to
CITY OF LOOT to be paid the CONTRACTOR. If the CONTRACTOR has any property In
its possession belonging to CITY OF LODI, the CONTRACTOR will account for the
same, and dispose of it In the manner CITY OF LODI directs.
II. Termination for Default: If the CONTRACTOR does not deliver supplies in accordance
with the contract delivery schedule, or, if the contracl is for services, the CONTRACTOR
fails to perform in the manner called for in the contract, or if the CONTRACTOR fails to
comply with any other provisions of the contract, CITY OF LODI may terminate this
contract for default. Termination shall be effected by serving a notice of termination on
the CONTRACTOR setting forth the manner In which the CONTRACTOR is in default.
The CONTRACTOR will only be paid the contract price for supplies delivered and
accepted:, or services performed In accordance with the manner of performance set forth
in the contract. If it is later determined by CITY OF LO❑ I that the CONTRACTOR had an
excusable reason for not performing, such as a strike, fire, or flood, events which are not
the fault of or beyond the control of the CONTRACTOR, CITY OF LODI, after setting up a
new delivery of performance schedule, may allow the CONTRACTOR to continue work,
or treat the termination as a termination for convenience.
111. Termination for Cost -Type Contracts; CITY OF LODI may terminate this contract, or any
portion of it, by serving a notice of termination on the CONTRACTOR. The notice shah
state whether the termination is for convenience of CITY OF LODI or is for the default of
the CONTRACTOR. If the termination is for default, the notice shall state the manner in
which the CONTRACTOR has failed to perform the requirements of the contract. The
CONTRACTOR shall account for any property In its possession paid for from funds
received from CITY OF LODI, or property supplied to the CONTRACTOR by CITY OF-
LODI. If the termination Is for default, CITY OF LODI may fix the fee, if the contract
provides for a fee, to be paid the CONTRACTOR in proportion to the value, if any. of the
work performed up lo the time of termination. The CONTRACTOR shall promptly submit
its termination claim to CITY OF LODI and the parties shall negotiate the termination
settlement to be paid the CONTRACTOR.
10. Energy Conservation
CONTRACTOR agrees to comply with mandatory standards and pollees relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act, 42 U.S.C. §!3 6321 et seq.
11. Access Requirements for Persons with Disabilities
CONTRACTOR agrees to comply with all eppticabie requirements of the Americans with Disabilities Act
(ADA) of 1990. as amended, 42 U.S.C. 12101 et. seq., Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794: 49 U.S.C. 5301(d); and all regulations promulgated to implement the ADA and
Section 504 of the Rehabilitation Act of 1973, es amended, as may be applicable to CONTRACTOR.
5
Local Assistance Procedures Manual
EXIIBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES / �'Jf!
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract - 0 e_ 'hid/offer/application 0 a. initial
b. material change
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
b. initial award
c. post -award
4. Nance and Address of Reporting Entity
0 Prime
0 Subawardee
Tier
Congressional District, if known
6. Federal Department/Agency:
8. Federal Action Number, if known:
, if known
10. Name and Address of Lobby Entity
(If individual, last name, first nacre, MI)
For Material Change Only:
year quarter
date of last report
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, ifknown
'7. Federal Program Name/Description:
CFDA Number, if applicable
9. Award Amount, if known:
11. lndividuab Performing Services (including
address if different from No. l0a)
(last name, Brat name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (cheep all that apply)
S
0 actual ❑ planned
13. Form of Payment (check all that apply):
8 a- cash __
b. in-kind; specify: nature
Value U f. other, xpccify
15. Brief Descriptio■ of Services Performed or to be performed and Date(a) of Service, including
niticer(s), employee(a),or member(s) contacted, for Payment indicated is Item 11:
(attach Continuation Sheet(s) ifnecessary)
16. Continuation Sheet(s) attached: Yes ❑ No El ,N 1 f i
14. Type of Payment (cheek all that apply)
a. retainer
b. one-time fee
c. commission
d. contingent fee
e deferred
17. Information requested through this fours is authorized by Title
31 U.S.0 Section 1352. This disclosure of lobbying reliance
was placed by the tier shove when kis transnr-tinn was made or
entered into. This disclosure 19 required pursuant to 31 US.C,
1352 This information will be reported to Congress
semiannually and will be available for public inspection Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
1100,000 for each such failure,
Federal Use Only:
Signature:
Print Mune:
Cilie:`�(4v t
Telephone No.: •(
Pate.
Authorized for Local Reproduction
Standard Form - LLL
aranderd Pima t.t t II I% OI.2a4I6
Distribution: Orig- Local Agency Project Pales
LPP 13-01
Page 1
May 8, 2013
Local Assistance Procedures Manual EX HBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OFLOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Ofticc of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome ofa
covered federal action.
2. Identif, the status ofthc covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
informationpreviously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously
submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee, a g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4checks "Subawerdee" then enter the full name, address, city, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the coveted federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for
Proposal (RFP) number, invitation for Bid (LTB) number, grant announcement nwnber, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes, c.g.. "RFP -DE -90-001."
9. For a covered federal action where there has bean an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Fater the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the coveted federal action.
11. Enter the full names of the individuals) performing services and include fidl address if different from 10 (a). Enter Last Name,
FirstNameand Middle Initial (MI).
12. Enter the amount e f compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity
(Item 10). Indicate whether the payment bas been made (actual) or will be mode (planned). Check all boxes that apply. If this is
a material change report, eater the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind
payment
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
dule(s) piny services rendered. include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal olTeer(s) or employee(s) contacted or the officer(s) cmployee(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign end date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 -minutes per response. including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and cmrmplcting and reviewing the collection of
information. Send continents regarding the burden estimate or any other aspect of this collection of infonnatioa, including suggcstiorrs for
reducing-this-burdenrto-the Oiftee of Management -and -Budget, Paperwork- eduction Project (0348-0046) Waahingtnnc.D.C.-20503.Sl
LLL -Instructions Rev. 06-04
LPP 13-01
Page 2
May 8, 2013
Local Assistance Procedures Manual
Exhibit 12-G
Required Federal -aid Contract Language
Fl -WA -1273 — Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
General
Nondiscrimination
Nonsegregated FecdNiies
Davis -Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act Provisions
Subletting or Awdgning the Contract
Safety: Accident Prevention
False Statements Concerning Highway Projects
Implementation of Clean Air Act and Federal Water Pollution
Control Act
Compliance with Govemmentwsde Suspension and Debarment
Rsqulrernents
Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A, Ernubymuni unn .". merieis Preference for Appalachian Development
Ht)hway Syslji, or R;,r,,riachlan Local Access Road Cuntracle (Included
in Appelochlan coati ode ❑nty)
L GENERAL
1. Fomi FI IWA-1273 roust be physloally Incorporated In each
construction contract Funded under Me 23 (excluding emergency
centrat:it salary Intended for debris removal), Tho contractor (or
subcontractor) moot insert his form in oscII +tuber:moacl and further
require lie tncloslon to all lower tier subcontracts (excluding purchase
orders, rental agreements and attisr agreements fill- supplies or
services)
The sppllceble requirements of Form FHWA-1273 aro Incorporated by
reference for work done under any purchase order, rental agreement or
egreomenl for other services. The prime contractor shall be rosponsible
for compliance by any StrbcanlracWt, lower -110r aubccnt-actor or serrlr.e
provider.
Foran FHWA-1273 must be Included In all Federal -aid design -build
contracts, in allsubcontrncts end in lower Der subcontracts (excluding
aubcontraots for design servicers, purchase ordain. rental aprecrments
and othersgreemente for Suppiles or services). The design -budder shall
be responsible for compliance by any subcontractor. lower -tier
subcontractor or service provider, _
Contracting agencies may reference Form FHWA-1273 h bid proposal
or request Tor proposal documante. however, the roam F!- WA -1273 must
be physically Incorporated (trot referenced) In al! Ci F lrects. subcontracts
and m ver -tier subcontret:ts (asci:ttsti3 purchase orders, rental
agreements and other agreements for supplies or a rvlcaa rotated m a
construction contract).
2. Subject to Ma applieabfllly criteria noted In the following auctions,
Weary contract previsions sires apply to all work performed on the
contract by the contractors nwn drganizal of and Wth the assistance of
workers under the Cantracrnr's Immediate superintendence and to all
work performed on the contract by piecework, station work, or by
eubcordreCL
3. A breach of any of the stputallons centafned In these Required
Contract Prcvlalons may be sufficient grounda for withhold/fof progress
noymonts, wilhhckfing of final payment. Io+minellen otthecontra&
yuspentainn ! °abetment or any other eaten detemrhed to be appropriate
by the cantraotino agency end FHWA.
4. Selection of Labor. During the parfonnence of This contract, the
contractor shall not use convict labor for any purpose within the Omits of
a construction project on a Fudsral•ald highway untose N is labor
performers by convkm' who are on parole, supervised re'ease. or
probation. The term Fedoref-old highway dews not inelede roadways
funcdonasy Claililed rte LlCel roads or rural Minor collectors.
OLA -OB 13-06
11. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable
to all Federal -aid construction contracts end to all related constriction
auboonlracta of 510,000 or more, The provisions of 23 CFR Part 230 ere
not applicable to material supply, engineering, or architectural service
contracts.
In addition, the contractor and all subcontractors must comply with the
following policies: Executive Order 11248, 41 CFR 80, 20 CFR 1825-
1827. Tile 23 USG Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), Tale VI of the Civil Rights Acl of 1064, as
amended, and rotated regulations Including 46 CFR Parts 21, 28 and 27;
and 23 CFR Parts 200, 230. and 693.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 80-1.4(b) and.
for all construction contracts exceeding 610,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
41 CFR 80-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine
compltanco with Executive Order 11248 and the poples of Iho Secretary
of Labor Including Al CFR rap. end 29 CFR 1825-1627. The Cantreulirtu
agency and the F1IWA have the authority and the responatbllity to
ensure compliance with 71113 23 USC Section 140, the RehebllRelion Act
of 1873, ss amended (26 USC 7134), and Titte VI of the Civil Rights Act 01
1984, as amended, and related regulations Including 49 CFR Parts 21.
28 and 27; and 23 CFR Parte 200, 230, and 833.
The following prevision is adopted from 23 CFR 230, Appendix A, with
appropriate revisions to conform to the U.S. Department of Labor (US
DOL) end FHWA,equlrementa.
1. !equal Employment Opportunity: Eoualemployment oppurtur4y
(EEO) requirements not to dinGtrntrtrrte and to take effirmauvo action to
FORUM equal opportunity n7 sot forth underinwf, executive ordara, rules,
regulations (26 CFR 35, 29 CFR 1830, 29 CFR 1825-1827.41 CFR 80
and AR CFR 27) end orders of the Secretary of Labor as modified by the
pros/alone prescribed tiereln, end Imposed pursuant to 23 U.S.C. 140
Shall Currsiltuls Me EEO and specific atfirmativc notion standards for !ha
conlractcea projoct aclivldea under thla contract. The provisions of the
Americans with OlaebHEdos Act of 1990 (42 4).9.0. i 2101 et seq.) sal
forth under 28 CFR 35 and 29 CFR 1030 are Incorporated by reference
In this contrail. In the execution or this contract, the contractor agrees to
comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good fah effort to provide
equal opportunity with respect to all of Its terms and conditions of
employment and In Ibalr reutew of ac0vltles under the contrail
b. The contractor will accept as Iia operating policy the Ibllowing
statement:
'k Is the policy of this Company to assure that applicants ere
employed, and that employees are treated during employment without
regard to neer race, religion, eels, co/or, national origin, age or
disability. Such action shall include: employment, upgrading,
demotion, or Irenalor; recruitment or recruitment advertising; layoff or
termination; rates of pay or other farms of compensation; and setsctlon
for 'reining, Including apprentiocshlp, pro•apprenliceship, andlor on-
the-job Veining."
2. EEO °Meer: The contreclor MI designate and make known to the
contracting officers an EEO Officer who will have the responsibility for
and must be capable of effectively administering and promoting an
active EEO program and who must be assigned adequate authority end
responeiblllty to do so
Page 8of22
A-legust 12, 2013
Local Assiatanee Procedures Manual
B=kibit 12-G
Required Federal -aid Contact Language
3. Dissemination of Policy: AIf members of the ranlractor's staff
MKS aro authorized to hire, supervise, promote, and discharge
employees, or who recommend such action. or who are substantially
Involved In such action, will ba made Tufty cognizant of, and will
Implement, the conlmctor's EEO poky and contractual
responsIblllltas to provide EEO In ascii grade and classification of
employment To ensure That the above agfoomant will bo met. the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
ornployees will bo conduetod before the start of work and (hen not
loss often !hen once ovary six months, at which lime the contractor's
EEO policy end Its implementation will be reviewed and explained.
1 he meetings will uo conducted ay the EEO Officer.
h. All new supervisory or pursounul office amployeus will be given
p thorough Indoctrination by tho EEO Officer coverliej al' major
aspects of the contractors EEO obileetiuns within Thirty days
following lhclr reporting for duty with the convector.
c. AB personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractors
procedures for locating and hiring minorities and women
d. Notices and posters setting forth the contractor's EEO policy
will bo placed in aroaa raadliy accessible to employees, septicemia
for employment and potential employees.
e. 'rna conlraclnr'a EEO policy and tho procedures to implement
such policy wet be brought to the attention of employees by meads
of meetings. employee handbooks, or other appropriate memos.
4. Recruitment: Mon advertising for employees. Ilse contractor wit
Include In all advertisements for empioyeee this notation' 'Pm Equal
Opportunity Employer." All such advbrtieamints will be placed In
publications having a Ira a circulation aiiamp minorities and women
In the area from wtlIch the period work fume would normaly bo
derived.
a. The contractor will, unless precluded by a valid bargaining
agraurneirt, conduct syslemalic and direct recruitment through puIllc
and private arnplvyee rotarrai sources likely Io yield qualified
mementos anti women To bleat 11,11 rerluirernenI. the contractor will
identify sources of potential ininority group urnployees. and establish
with such Idonliflod sources prot:adores whereby minority and
women appllcenta may be referred to Sha contractor for employment
consideration.
b. In the event the contractor has e valid bargaining agreement
providing for exclusive eirrilg hall raforrars, the contractor is
expected 10 obseive leo provisions of lint agreement to the extent
that the system mauls the crmlraLlor's compIlnncn with EEO
contract provisions, Whore Ilnpienlenul ion or such an agreement
has the effect of discriminating against minorities or women. or
obligates She contrertur to do the same, such implementation
violates Federal nondiscrimination pr0viatons.
c. The contractor wit encourage its present employees to refer
minorities end women es applicants for employment. Information
and procedures with regard to referring such applicants wilt be
discussed with employees.
S. Personnel Actions: Wages, working conditIdne, and employee
benoraa elsal be established and administered. and personnel
actions of every type. Including hiring, upgrading, promotion,
Weirder, demotion. layoff. and termination. shell be Taken wilhoul
regard to race, color, religion, sex. national origin, age or disability.
The following procedures shall be followed:
a. The contractor MI conduct periodic inspections of projed sites
to Insure that working conditions and employee facilites do not
indicate discriminatory treatment of project site personnel.
DLA -OB 1346
b. The contractor will periodically seabirds the spread of wages
paid within each classifcsteon to dotermina any evidence of
discriminatory wee praclicos.
c. The contractorwlll periodically review stover; percunrel
actions in depth le determine whether there Is evldonce of
discrimination. Whore evidence is found, the contractor wig
promptly take correcltvo action, If the review Indicates that tt+a
dlscriminoUon may extend beyond the actions reviewed. such
corrective action shat' include ell affected parsons.
d. Tea contractor veil promptly Investigate all uorllpIalnts of
adoged dlor.rimInellon,iiade la tho cenlraclor rn cannucllori well ilo
uhiigalsane undo( this contract, will ostn+irpli to rnssitve such
conipbiinls, alai will take appropriate coiwu'trwo nclran within a
tonsenablt time if etre inveolrgutIlrs indicates Ihnl the discrimination
may affect persons °Sher than the complainant, such corrective
action shall include ouch other persons. Upon completion of each
Inveslfgalion, the contractor will Inform every complainant of at of
their avenues of appeal.
6. Training and Promotion:
n. The contractor will assist in locating, quelllyfng, and Increaainy
the skills of minorities and women who are applicants for
employment or current cmploycos. Such efforts ehnuld be aimed at
developing full journey level sloths employees In the type of irade or
Job classification Involved,
b. Consistent with the contractor's work force requirements end
us pomTissble under Fedora! and Mato reyu'etions, the controctar
shall make full eco of training programs. I.e., apprenticeship. end on -
t in -Job training programs for the geographical arca of contract
performance. In the event a spec aI provision for training is proveled
under this contract, this subparagraph will be superseded as
indicated In tho special provision. ilia contracting agency may
reserve uaining peetHon,s for peracni who recoivc wineries
assistance In axardence with 23 U.S.C. 14004.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d, The contractor will periodically review the training slid
promotion potential of employees who are minorities ural women
and will encourage eligible employeoo to apply for awe training and
promotion,
7. Unions: If the contractor relies In whole or in pad upon talions as
a source of employees, the conlraclor will ua° good lade nfinria to
obtain the cooperation of such unlons to Increase opportunities for
rrrlrrorll1es and women. Actions by the Contractor. either directly er
through a Wntrectoea oasocialion acting as agent, will Include The
procademe set forth below:
a The corstractar wilt uae good faith efforts to devotee, in
Cooperation with the unions, joint training programs aimed toward
quallfying more minorities end woman for membership In the unions
and increasing the skille of m111011 002 and women co the' they may
qualify for higher paying employment,
b. The contractor will use good faith efforts to inCorpornte an EEO
Clause Into each union agreomelltto the and that such union %Ali ba
contractually bound to refer appllcanla without fegard to their race.
color, religion, sax, national origin. ago or disability,
0. The contractor et to obtain Information es to the referral
practices end policies of the labor union except that to the extent
such Information is within the exclusive possession of !ha Tabor
union and such labor union refuees to furnish such intonation to the
contractor. the contractor aheli so certify to the contracting agency
Page 9 of 22
August 12, 2013
Local Assistance Procedures Naomi
and shall set forth what efforts have been made to obtain such
Information.
d. In the event the unlon le unable to provide the contractor with a
reasonable flow of referrals within the time Amit eat forth in the
collective bargaining agreemenI, the contractor will, through
Independent recruitment efforts, fill tha employment vacancies
without regard In taco, color, religion, sox, national origin, age or
di5abilky; making full efforts to obtain qualified endlor qualifiable
minorities and woman The failure of a union to provide aufrrcient
referrals (even though N N obligated to provide excluslvs referrals
under the terns of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. In
the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 1 t246, as
emended, and these spatial provislona, such contractor shall
Immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants I Employees
with Disabilities: The contractor must be familiar with the
requirements for and comply with the Americana with Disabilities Act
and all rules and regulations established (hare under. Employers
moat provide reaeoneble accommodation In all emptoymenl
activities untasa to ao so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origin, age or disability
In the selection and retention of subcontractors, Including
procurement of materials and leasee of equipment. The contractor
shall take all neoeeeary and reasonable steps to ensure
nondiscrimination In the administration of this contract.
a. The contractor shell notify ell potential subcontractors and
suppliers and lessors of their EEO obligations under this contract
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26,13(b):
a. The requirements of 49 CFR Part 26 and the State DOT's U.S,
DOT -approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex In the performance of this
centred. The contractor shall carry out applicable requirements of
49 CFR Pad 26 In the award and administration of DOT -assisted
contracts. Failure by the contractor to carry out these requirements
Is a material breach of this contract, which may result In the
termination of thls contract or such other remedy as the contracting
agency deems appropriate.
11. Recons and Repots: The contractor shall keep such records
se necessary to document compliance with the EEO requirements,
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for Inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the
following,
(1) The number and work hours of minority end non -minority
group members and women employed in each work classification
on the project;
(2) The progress and efforts being made In cooperation with
unlone, whop eppllceble, to Increase employment opportunities for
minorlUee and women; and
DLA -OB 13-06
Exhibit 12-G
Required Federal -aid Contract Language
(3) The progress and efforts being made In locating, hiring,
training, qualifying. and upgrading minorities and woman;
b. The contractors and subcontractors will submit en annual
report to the contracting agency each July for the duration of the
project, indicating the number of minority. women, and non -minority
group amployeee currently engaged in each work classification
requited by tha contract work. This Information is to be reported on
l.wni ll.W/ -1:191 The staffing data should represent the pro}oci
work force on board In all or any part of the Iasi payroll period
preceding the end of July. If on -throb eretning le being required by
special provision, the contractor will be required to collect end report
(raining data. The employment data should reflect the work force on
board during ell or any part of the last payroll period preceding the
end ofJuly,
111. NONSEGREGATED FACILITIES
This provision Is applicable to alt Federal -old construction contracts
and to all related construction subcontracts of $10,000 or more.
The contractor must ensure that facilities provided for employees
are provided In such a manner that segregation on the baste of race,
color, rerrgion, sex, or national origin cannot result, The contractor
may neither require such segregated use by written or oral policies
nor tolerate such use by employee custom. The contractor's
obligation extends further to ensure that Its employees are not
assigned to perform thelr services at any location, under the
Contractor's control, where the redlines ere segregated. The term
"facilities" includes welting rooms, work areas, restaurants and other
eating areas, time clocks, restrooma, washrooms. IoGker tocols, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, lranaportallon, and housing
provided for employees. The coMraotor shall provide separate or
single -user restroome and necessary dressing or sleeping areas to
assure privacy between sexes.
IV. DAVIS-BACONAND RELATED ACT PROVISIONS
Thla section le applicable to all Federal -aid construction projects
exceeding $2,000 and to all related eubaontreds and lower -tier
subcontracts (regardless of subcontract else). The requirements
apply to ail projects Wonted within the rlght•of way of a roadway that
la functionally classified as Federal -aid highway. Tnls excludes
roadways functionally classified ere local roads or rural minor
collectors, which are exempt Contracting agencies may elect to
apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor
regulations In 29 CFR 5.5 "Contract provisions and related matters"
with minor revisions to conform to the FHWA-1273 format and
FHINA program requirements.
1. Minimum wages
a. AU laborers and mechanics employed or worklng upon the she
oldie work will be paid unconditionally end not less often than once
e 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
Pad 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at tens of payment computed at rates
not less than those contained in the wags determination of the
Secretary of Labor which is attached hereto and made a part hereof,
regardleas of any contreotual relationship which may be alleged to
exiet between the contractor and such laborers and mechanics.
Page 10 of 22
August 12, 20.13
Local Assistance Procedures Manual
Exhibit 12-G
Required Federal -aid Contract Language
Contdbutions made or costs reasonably anticipated for bone fide
(rine° benefits under section 1(b)(2) df the D3vl6.l3acpn Act on
behalf or laborers w mechanics are tonelderee wages paid to such
labnfera or mechanics, subiRCl to the provisions of pBraerapll 1.d- of
this section. also, regular coniebu!Uoos made or costs incuned for
more Than n weekly period (but no( fele pilon ellen quarterly) under
plans, funds, or programs which cover lea particular weekly puriwl.
are deemed to ba cens(ruetively made or incurred "luring Ruch
weekly period. Such laborers and mechanics shall be paid the
eppropriale wage rata and fringe benefits on the wage deterrnieation
for the elessificatlon of work actually performed, wllhaut regard lo
skl11, except as provided In 29 CFR 5.5(a)(4). Laborers or mechanics
performing work In note than one classification may be
cornpdnealud at the rate specified for each claysilicaUdn for Ilio lime
actually worked Morale. Provided, 1 hal the ornployer's payroll
records accurately eel fedi; lite lima spore in each crasailicallan in
+ehiohwOrk 11 performed. The wage determination (including any
3(1114 10n/11 claesiik allon and wage rates rxanforrnod under paragraph
1,b. of this section) and the Devis•8ucon easier (WH -1321) shall ee
pealed el all Ines by the oonlraexor end IIs subcontractors al the
she of she work In a prominunl and accessible place where It can bie
easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including hclpere, which Its not hsted in the
wage deterrrllnptien and which is io be employed under the contract
shall be classified In conformance with the wsgo determination. The
contracting officer shall approve nn additional classification and
wage rate and fringe benefits therefore only when the following
criteria have bean met
(1) The work to be performed by the classification requested Is
not performed by a classification In the wage determination; and
(II) The classification Is utilized in the area by the conalnretlon
industry; and
(Ili) The proposed wages rate, Including any bona lido fringe
benefits, bean' a reasonable relationship to the wage rates
oonlalned in the wage determination.
(211f the contractor and the laborers and mechanics to be
employed In the craasilfcation (If known). or their representatives.
and the contracting officer agree on the ciasseiicelIoe end wage
rate (moluding the amount designated for fringe benefits where
appiapriale), a report of the action tarsen shell be semi by the
conlractfng officer lo the Administrator of the Wage end Hour
Division, Employment Slandarda Administration, U.S Department
of Labor, Washington, DG 202t0- The Administrator, or an
authorized representative, will approve, modify, or disapprove
ovary additional ciasslrioatlon action within 30 days of receipt and
8o advise rho contracting officer or will noltfy the a oniraclIng ofhcar
within the 30 -day peered that eddlllonat tittle is neceeaary.
(3) In the event the contractor. the laborers or mechanics to ba
ornployed In the classification or their reprasenlalWee, and the
cureracling officer do not agree on the proposed classification and
wage ralo (includinp elle amount designated for fringe benefits.
where applaprrllle). Ills cvnlrarcling akar shall refer lee
quesllone. including the views of all rrr101esled Imam and 1110
recornmondnllon el the Contracting officer, to the Wage and Hour
Admintarralor for determination. The Wage and Hour
Adrainielrator, or an authorized representative, wfI Issue a
determination within 30 Boys of rooalps and so advise the
Confracitng officer or wilt notify the connecting officer within the 30 -
day period That additional time le neeeseary.
(4) The wage rale (including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(7) es 1.11(3) of lhls
secllon, shall bo peed to all w0rkere performing work in the
ciassi1icatien under this contract from the fast day an which work
Is performed In the classification.
c. Whenever the minimum wage roto prescribed in the contract for
a class of laborers or mechanics Includes a fringe benefit which is
not expressed ns an hourly talc. Cho contractor shall oilier pay ate
benefit 00 slated In !ha wage determination or thull pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does riot make payments la a trustee or olher
third person, pre conium -Ice Pi lay consider ns part of Ihu wesjca of
any laborer Or nwcrieriIC the amount or any costs rueeerrxbly
;rnhc paled In prryvldint( bona flea ineee Wineries under a p1111 01
program, Provided, i hal Ihn Secretory of l.aboi ties round, upon the
written rrrrlua8I or trio contractor. Ih,iI Ilia nr1pitoahln alandards of the
Davis.Hacon Act have been met. The Secretary of Labor may
require the Contractor to 801 ankle in a separate or:count assets for
the mooting or obltgalfons under the plan Or program
2, Withholding
The conlrne:ling agency shall upon its own action or upon written
rrquurt of an uulliulirud representative of the Department of Labor,
withhold or eauao to by withhold from the Contractor under this
cdnlract, or any urine Federal contract with the sante prime
conirrrrlar, ar arty other inderOIIy-aseistod comma sutlieCt to Daws.
Batson prevailing wags requlrenlOnts, which is hold by the lame
orrmo coetractor, so much Or Ilea accrued Doymani%or advances es
may bo considered necessary to pay laborers and mechanic:,
includtrry apprentices. trainees, and helpers, employed by the
o011iioCIOi or any eubcontractar tea lug arnounl of wagos required by
the contract, In Uio event of failure lo pay arty laborer or mechanic.
including any apprentice, trainee, or heeler, employed or working on
the site of Shu work. ail or part of the wages required by Um contract.
Iha contracting agency may, after written notice to the contractor,
lake such action as may be necessary to cause the suspension of
any further payment, advance, er guarantee of funds until such
violations have ceased.
3. Payrolls and basic records
n Payee% and baste records relath1g lrreruio shall tie rnirinter"ed
by tee Contractor during the ceulso of the woa % one pioseived for a
peried of three years thereafter for tel laborers and mcchunics
working el the site 01 the wank, Such records shall conies; the carne,
address, and suciai security number of Slid' 3Ucl1 warktil, his or her
cannel centiliiearion. hnurty rotes of wages prod (including rales of
cOntitbulions or casts anticipated for bona fide fringe benefits or
case+ equivalents thereof or the types described in vection 1(b)(2X13)
of the Davis -Bacon Aol), daily and weekly nimble of heirs warked,
deductions made arid actual wages pnid Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include The amount of any costs reasonably
entioipatod In providing bens1ils under a On or program described
In section 1(b)(2)(9) 01 the Davis -flacon Atl. Ilia contractor shin
inelniein records which show that the commitment to provide such
benefits is enforceable. that ilia plan w program is finenaaliy
responsihte. and that ilia plan er program (1118 boon cornmunrcated
in willing 10 the laborers or nsae)lenics affected, and reOdrmS which
snow lee costs anticipated or the actual cosi Incurred in providing
such benelilo Contractors employing epprenllein or trainees under
approved programs shall maintain written evidence of the
registration of appreriliceclifp programa and certification of trainee
programs, rho reglatrelion of the apprentices and trainees, and the
relicts and wage rates proser1bed In the eppllenblo programs.
DLA -OB 13-06
Page 11 o1'22
August 12, 2013
Local Assistance Procedures Manual
b. (1) The contractor shall submit weekly for each week In which
any coritraci work is performed a copy or all payrolls to the
contracting agency. The payrolls submLt1ed shall set out accurately
end completely all of the information required to ba maintained
under 29 CFR 5.6(a)(3)(i), except the! hull social security numbers
and horse addressee shell not be Included on weekly transmittals
Instead the payrolls shall only need to include an individually
identifying number for each employee ( e.g. , the rest four digits or
tho employee's social security number). The required weekly payroll
Information may be submitted in any form desired. Optional Form
Wl-1-347 Is svaileble for this purpose from the Wage end Hour
Division Web site at
http:Hwww dol govlesn/whdrforme/wh347lnstr htm or its auccessnr
elle. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the State
DOT, the FHWA or the Wage end Hour Division of the Department
of Labor for purposes of en investigation or audit of compliance with
prevailing wage raquirementa. it is not a viotaUon of this section for a
prime contractor lo require a subcontraotor to provide addresses
and aociel security numbers to the primo contractor for Its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a "Statement of
Compliance.' signed by the contractor or subcontractor or hie or her
agent who pays or supervises the payment of the pereons employed
under the contract and shall certify the following:
(1) That the payrou for the payroll period contains the
information required to be provided under §5.5 (a)(3)(Ii) of
Regulations, 29 CFR pad 5, the appropriate Information Is being
maintained under §5.5 (a)(3)(i) of Regulations. 29 CFR part 5,
and that such Information le correct and complete;
(i) That oath laborer or mechanic (Including each helper,
apprentice, and trainee) employed on the contract during the
payroll period hee been paid the MI weekly wages earned,
without rebate, either directly or indirectly. and that no
deductions have been made either directly or Indirectly from the
full wages earned, other than permissible deductions as set forth
In Regulations, 29 CFR pert 3;
(IH) That each laborer or mechanic hos baon paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification ofwork performed, as specified
If the applicable wage determination incorporated Into the
contract.
(3) The weekly submission of a properly executed certification
set forth on the reverse aide of Optional Form WH -347 shell
satisfy the requirement for submission of the 'Statement of
Compllanoe" required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certification, may
subject the contractor or subcontractor to ctvtl or admired
prosecution under section 1001 of Sets 15 and section 231 of title
31 of the United States Code.
c. The contractor or subcontractor shall make the records required
under paragraph 3.a. of this section available for Inspection,
copying, or transcription by authorized representatives of the
contracting agency, the State DOT, the 1'tiWA, or the Department
of Labor, and shall permit such representatives to Interview
employees during working hours on the job. If the contractor or
subcontractor falls to submit the required records or to make them
available, the FHWA may. after written notice to the contractor, the
Exhibit 12-G
Required Federal -aid Contract Language
contracting agency or the State DOT, take such action as may be
necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the
required recorde upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a, Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant
to and individually n giatered in a bona fide apprenticeship program
rapistcree with the U. Department of Labor, Employment end
Training Administration, Office of Apprenticeship Training, Employer
and Labor Servioea, or with a State Apprenticeship Agency
recognised by the Office, or if a person la employed In his or her first
90 days of probationary employment as an apprentice kr such an
apprenticeship program, who Is not Individually registered In the
program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary
employment as an apprentloe.
The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage
determination for the claeeltcation of work actually performed. In
addition, any apprentice performing work an the job site In excess of
the ratio permitted under the registered program shall be paid not
less than the applicable wage rote an the wage determination for the
work actually performed. Wnere a contractor is performing
construction on a pruject in a locality other than that in which ice
program is regiatored, the ratios and wage rates (expressed in
percentagos of the Journeyman's hourly rate) specified In the
contracidr's or subcontractor's registered program shall be
observed.
Every apprentice meet be paid et not lest then the rale speckled in
the registered program for the apprentice's level or progress,
expressed es a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shell be paid
fringe beneete In accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must bo paid the full amount of
fr{ago benefits) listed on the wage determination for the applicable
classification. If the Administrator determiners that a different practice
prevails forthe applicable apprentice classification, fringes shall be
paid In accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at lees
than the applicable predetermined rate for the work performed until
an acceptable program Is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.18, trainees will not be permitted to
work at leas than the predetermined rete for the work performed
uniesa they ere employed pursuant to and Individually regislered In
a program which hes reoolvod Ener soprani, evidenced by formal
certification by she U.S. Deportment of Labor, Employment end
Training Administration.
Page l2 of 22
August 12, 2013
Local Assistance Procedures Manuel
The ratio of trainees to Journeymen on the Job site shall not be
greater than permuted under the plan approved by the Employment
and Training Administration.
Exhibit 12-G
Required Federal -aid Contract Language
Every lrahtee meat be paid at nal less than the rata apcciflsd In the
rpnravcd program for the ireineres level of progress, expressed u a
percentage of the Journeyman hourly rale specified in the applicable
wage dotcrreinellon Trainees shall be paid fringe benefla In
accurdenco weft the provisions of the trainee program If the trainee
program dons not mention lenge benefits. trainees shall be paid the
rue amount or fringe benefits l!sted un the wage determination
unless the Adnenlalralor of Mu Wage arid Flour [7lvIslon determines
Ore( there Is an apprenticeship program aseoclated with the
corresponding journeyman wage rate en the wage deternrinalion
whleh provides for less Than lull fringe benefits kir eppronficea Any
employee listed on Ileo payroll at n trainee rate who is not registered
and participating In a training plan approved by the Employment and
Training Adminlxlrelion %heti bo pall not lass than the applicable
wage Tato en the wage determination for the clussificetlon of work
actually performed. In addition, any trainer performing work en the
lob site In excess elite ratio permitted tinder the regislnrnd program
shall be paid not less than the applicable wage rate en the wage
determination for the work actually performed.
le the event the Employment and Training Administration withdraw'
approval of a Irdieing program, the contractor will no longer be
permitted le u1td ci treetops et less Ihan the applicable
predetermined rate ler lite work oder/nod until en acceptable
program 1' approved.
c. Equal cempioymaril opportunity The utilirat on of apprentices,
trainees end journeymen under this part shell be In conformity with
the equal employment opportunity requirements of Executive Order
11248, as emended, end 2a CFR pan 30.
d. Apprentices and Trainees (programs of the U.S. DOT),
Apprentices and trainees walking under appronilceshie and skl:l
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federa!•ntd
highway come uction programs ore not subject to the requirements
of paragraph 4 of this Section IV. Thu straight time hourly wage
rales im apprentices and Iralnace under such programs will be
selabllshed by the particular programs. The ratio of apprentices and
trainees 10 Journeyman shell net be greater Ihan pemiihnd by he
terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR part 3, which are
Incorporated by reference In this contract.
6. Subcontracts. The contractor or subconlraciar shall insert Fenn
FHWA-12.73 in any subcontracts arse also require lho subcontractors
to include Form FHWA-1273 in any lower tier subcanuacts Teo
prime cerilraclor strap be rasponsihle for the compliance by any
subcontractor or !owe, tier subcontractor with ell the contract
clauses In 29 CFR 5.5.
7. Contract tennlnatlon: debarment. A breach of the contract
clauses In 29 CFR 5.5 may be grounds fur tennlnetion of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 612,
B. Compliance with Davie -Bacon and Related Act requirements.
Ag rulings and Interpretations of the Davls•Baeon and Related Acts
contained In 29 CFR penis 1, 3, and 5 are herein Incorporated by
reference In this centred.
DLA -OB 13.06
9. Disputes concerning labor standards. l:raputes arising out of
the IHbor standards provisions of ells conked shall not be subjed tc
the general disputes Clause of this centred Such disputes shall be
resolved In accordance with the procedures or the Deportment of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes wilhln the
moaning of [ilio clause include dlaputes between the contractor (or
arty of ils subcontractors) and rhe cwuredirtg agency, the U.S.
Department of Label. or tho employees w their represenlalives.
10. Certification of eligibility.
a Dy entering into This contract. the Contractor certifies That neither a
(nor he or she) nor any person or firm who hen en Inlorest In the
centra.loes firm is a person or Ilan Ineligible to be awarded
Govomunnnl c t,ntrocla By virtue of suction 3(a) of the Davls•Baoon
Act or 29 CFR 5,12(i)(1).
b. No part of This centred shell be subconhecled to any person or
firm Ineligible for award of a Government centred by virtue of
section 3(a) of the t).7via-Bacon Act or 29 CFR 5.12(')(1).
c. The penalty for maKing false statements Is prescribed In tis' U S
Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The following clauses apply to any Federal-ald conaWctbn contract
in en amount in excess of 6100,000 and subJsot to the overtime
previsions of the Contract Work Hours and Safety Standards Ad.
These clauses shall be Inserted In addition to the clauses requked
by 29 CFR 6.6(e) or 29 CFR 4.6. As used In this paragraph, the
terms laborers and mechanics Include watchmen end guards.
1. Overtime requirements. No Contractor or aubconuactor
contracting for any part of the Contract work which may require er
fnvaive Iho employment or laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
she Is employed on suth work to work In excess of Sooty houre In
such wnr1 wetetr unless such laborer or mechanic receives
compensation at a rata not less than ane end ann.herf times the
basic rate of pay for all hours worked In excess of tarty hours In such
workweek.
2. violation; liability for unpaid wages; Ilquldatod damages. In
the event of any vlutirliorr of the clause eat forth in perogroptl (1.) 01
this seetfon. the contractor and any suboontracter respcnelt/le
therefor shell be Noble For the unpaid waeea. In tuldhlon. eudt
contractor end subcontractor shall be liable to Me United Staloa (In
the nese of work done under contract for the District of Columbia or
a territory, to soon (tclriel or to such territory). fur liquidated
damages. Srleh liquidated darnagee shall be Computed with respect
to each individual laborer or mechanic, including watchmen and
guards, employed In violetlen of the dem sot forth in paragraph
(1.) of this asrdlon, In the sum of Mier each colander day on which
such Individual was roqulrnd oe permatad to work In excess of the
standard workweek offerty hours without payment of the avertkne
wages required by the clause set forth In paragraph (1.) of this
section.
3. Withholding for unpaid wages and liquidated damages. The
FHWA or the contacting agency shall upon Hs own sctbn or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same
Page 13 of 22
August 12, 2013
Local Assistance Procedures Manual
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 labklties of such contractor or
subcontractor for unpaid wages and liquidated damages as provided
In the clause set forth in paragraph (2.) of this section
4. Subcontracts, The contractor or subcontractor shall Insert In any
subcontracts the clauses set forth in paragraph (1.) through (4.) of
this section and also • clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or ower
tier subcontractor with the clauses set forth In paragraphs (1.)
through (4.) of this section.
Vl. SUBLETTING OR ASSIGNING THE CONTRACT
Thea provision is applicable to el Federal -aid construction contracts
on the Nabonal Highway System.
1, The contractor shall perform with Its own organization contract
work amounting to not less then 30 percent (or a greater percentage
if specified elsewhere In the contract) of the total original contract
price, excluding any spocloity Remo designated by the Contracting
agency. Specialty hems may be performed by subcontract and the
amount of any such specialty items performed may be deducted
from lee total original contract price before computing the amount of
work required to be perforated by the contractors own organization
(23 CFR 635 116).
a. The term 'perform work with Its own organization" refers to
workers empiayed er ieeeed by the prime canlroctor, and equipment
owned or rented by the prime contractor, whh or without operators.
Such term does not include cmployees or equipment of o-
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may Include payments
for the costs of hiring leased employees from en employee leasing
firm meeting all relevant Federal and State regulatory requirements.
Leased employees may only be included In thie term If the prime
contractor meets ail of the following conditions;
(1) the prime contractor maintains control over
the supervision of the day-to-day actMties of the leased employees;
(2) the prime contractor remains responsible for the quality of
the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude
Individual employees from work on the project; and
(4) the prime contractor remains ultimately reeponslble for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal
regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available In the type of contracting organizations quellned
and expected to bid or propose on the aontrect as a whole and In
general are to be limited to minor components of the overall
contract.
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI Is computed includes the cost of material
and manufactured products which are to be purchased or produced
by the contractor under the contract provisions,
3. The.contrector-ahaH-furnish-(a)-ecompatenl-superintendent-or
supervisor who la employed by the firm, has full authority to direct
performance of the work In accordance with the contract
Exhibit 12-C
Required Federal -aid Contract Language
requirements, and is In charge of at construction operations
(regardless of who performs Inc work) and (b) such other of Its own
organizational resources (supervision, management, and
engineering services) as the contracting officer determines Is
necessary to assure the performance of the contract.
4. No pardon of the contract shall be sublet. assigned or otherwise
disposed of except with the written consent of the contracting officer,
or authorized representative, and such consent when given shall not
be construed to relieve the contractor of any respona:bilty for the
fulfilment of the contract Written consent well be given only after
Inc contracting agency hes assured that each subcontract is
evidenced In writing and that It contains al pertinent provtslone and
requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) le not
applicable to deslgn-buld contraote; however, contracting agencies
may establish their own self-perfomience requlremente.
VI. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction contracts
end to all related subcontracts.
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide at
eafeguards, safety devices and protective equipment and take any
other needed actions as It determines, or as the contracting officer
may detennlne, to be reasonably necessary to protect the Ilfe 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 Chia contract, and shall be made a condition of
each subcontract, which the contractor enters Into pursuant to this
contract, Ihalthe contractor and any subcontractor shall not permit
any employee, In performance of Inc 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 end health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours end Safety Standards Act (40
U.S.C. 3704).
3. Pursuant to 29 CFR 1920.3, it is a condition of this contract that
the Secretary of Labor or aulhorized representative thereof, shall
hnvo right of entry to any site of contract performance to inspect or
investltalo the matter of compliance with the construction safety and
health standards and to carry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C.3704).
ViII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision Is applicable 10 all Federal -aid construction contracts
and to all related subcontracts
In order to assure high quality and durable construction In
conformity with approved plans and spedf catlone and a high degree
of reliability on statements end representations made by engineers,
contractors, suppliers, and workers on Federal-ald highway projects.
It
la essential that all persons concerned with Inc project perform
their functions as carefully, thoroughly, and honestly as poesble.
Wlllful falsification, distortion, or mierepresenbation with respect to
any facts related to Inc project la a violation of Federal law, To
prevent any misunderstanding regarding the seriousness of these
and almlie acts,- rm-FHWA-1022 shall -be -posted on each
Federal-ald highway project (23 CFR 635) In one or more places
Page 14 of 22
August 12,2013
Local Assisteoce Procedures Manual
Exhibit 12-G
Required Federal -aid Contract Language
where It is readily rateable to all persons concerned with the
proles*,
18 U.S.0 1020 reads as follows:
'Whoover, being on officer. agnnl. or employee of tho United
States. or of any Stele or Terrilory. or vfioaver, whether a parson,
association. firm. or corporation. knowingly molten any false
Statrdrliwli. Misr mpresenlrrllon. 01 false report as 10 !he chnrai:lat,
quality. quunlrly. or cost or ilio manurll uetle or to ho uned. Or the
quantity Ur gu.11ly of Pur urork performed of to be performed, or Ma
COSI'herooi !n r.Onrn:vliun Wein the rutins on or pians, maps,
Specifications, contracts, or ousts of ClJtl lr'rCthln on any l,rg}+wey or
i Blued project sOnnillod fur approval to the $ecrntnry at
Trenaportetfon; or
whoever knowingly makes any (also Statement, false
repranonlallen, forgo report or !also claim with respect to IN;
dna/actor. yuaady. quantity. Or COM of 0ny wort, performed of to be
performed, u rnalarinta furnished or lo it ino:hod, rn r bnnwine
with the car,.-itr,+4llon of any highway or related prefect approved by
the Secretary of Transportation; or
Wn0rrvur knowingly makes any false sinlamont or false
rcpreaosllnfion in; to mnlurrat fact in any statement. certificate, or
report cc,bnuttad pursuant to provisions of the Fedoral-aid Roads Act
approved July I, 1916. {39 Stat. 355), as omendCcl and
supplemented;
Shell be fined under this title or Imprisoned not more than 5 years
or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision le applicable to ell Federal -aid construction contracts
and to all related subcontracts.
By submission of this bid/proposal or the rxnurl(0n of this contract,
or subcontract, as appropriate, the bidder. proposer. Federal-nid
construction contactor, or subcontractor, as appropriate, will ba
deemed to have stipulated as follows:
1. That any person who le or will be utilized in the performance of
this contract Is not prohibited from receiving en award due to a
vloiation of Section 508 of the Clean Water Act or Section 308 of the
Clean Air Aci
2. That the canlractor dpr0o9 10 Include or cause to ha Included the
requlremanta of parogrepn (1) of this Section X In every subcontract.
and further agrees to take such action as the contracting ugonoy
may dlroct es a moans of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION.
tNELtt318ILITTY AND VOLUNTARY EXCLUSION
This provision is appl{calsta to all Fedoral-011 construction comma/0,
design build contracts, subconirar:ts. iowar-lien subconlrncts,
purchase orders, Kafue agroomonls. consultant contrncta or any
other covered trnrl0aclion requiring FHWA npprovol or that in
estimated to cost $7.5.000 of more — as dehned In 2 CFR Parts 180
and 1200.
1, Instructions for Certification — First Tier Participants:
a, By signing and submitting this proposal, the prospective first
tier participant Is providing the certification set out below.
DLA -OB 13-06
b. The Inability of a pereon to provide the tannic -Arm sel out
below will not necessarily result In denipl of particlpnllon Int this
covered transaction. The prospective first liar participant shall
submit an explanation of why It cannot provide the certification set
out billow. The certification of explanation will be considered in
connection with the department or agency'a determination whether
So enter into this transaction. However. failure of the proepectivo fns
liar participant to furnish a certification or Se oxptanation ahnli
disqualify such a pnraan from particfpa1 on In this lrananctIan.
c. The certification In this clause is a materiel representation of
fact upon which rehanro was placed when the contracting agency
determined to enter into ilia transaction. If it Is later determined that
the prospective partietpanl knowingly rendered an erroneous
cart fruition. In addition to other remedies available to the Federal
Oovnrnmrrni, Iha contracting agency may terminate this transaction
for cause of default
d. The prospective first dor parlfclpanl shall provldo immediate
written notice to the contracting agency le whom this proposal is
submitted if any time the prospeClive Aral tier porticinanl [earns That
ile codification was ereonootla when oubmltted or has become
erroneous by reason of changed circumstances.
o. The terms "covered transaction; "dobarrnd, 'suspended,"
"rneltalbto,' "parllclpant,"peraon." 'prinClpar,' rand "voluntarily
excluded," ea used In this clause. arc defined in 2 CFR farts 180
and 1200. 'Fire! Tier Covorod Transactions" refers to any coward('
transaction between 0 grantee or subgrantee of Federal funds and o
participant Isu0h as the prune or general contract}. 'Lower Tier
Coveted Transactions- rofoio to pny covered lransaCI{Ort under a
First Tier Covered Trannactlan (such as subcontracts). -First Pat
Psrlicloonr refers to the pnrt[clpnnl who has onlorod into a covered
Iranaailion with a granteo or subgr8nters of Federal (undo (each as
the prime or general conlraCier) "Lower (ler Psrlic[print' rites soy
participant who hos Cnlored Into a covered transaction with s First
ilei Participant or other Lower Tier F artcipanIs (such as
subcontractors and suppliers).
(. The prospectivo Met tier p0rticipant agrees by submitting Ihlo
proposal that, should the proposed covered transaction bo encored
Irmo, it shall nus knowingly artier inlo any lower tier covorod
Irnnaaction wish a person who res daberrdd, suspended, Codsred
ineligible, or voluntarily excluded from participation In this covered
transaction, unless authorized by the depar(rment or egency entering
Into thle transaction,
g. The prospoc1M0 neat tier parlMipaul Iuaor aglses t1y
submitting MI5 proposal Mai it wit! InCIodo 1110 clause Idled
`Certification Regarding 0obiirrnont. Suspension, Inelrgrblkly and
Voluntary Exciusi0rnLowor Tior Covarod Transactions: provided by
11ro daparinlanl or contracting agency. relating into this Covered
transaction. without modification, In nil lowor tier savored
tranaactlons and In all u Ilcitati0na for Io enter covorod
transactions exceeding the 825,000 threshold.
h. A participant in a covorcd tmnanclton may rely upon a
canification of a prospective participant In a lower tier Covatod
transacllon that is not debarred, Suspended, inatiglhle, orvoluntarlly
excluded from (ha covered transaction, unless 11 knows Maths
cenificatlan ie Orroneoua. A participant Is responsible for ensuring
Shat It0 prrnclpols aro mol sysponded. debarred, or olh1Avise
Ineligible to participate In covered lrannacUune. To verity the
eligibility of its principals. as well as lho eligibility c1 any lower tier
proapealve participants, each pen[cipont may, but Is not requlrad to,
Check the Excluded Parties List System website
Ilw,r rpb.gtzfl, which la complied by lho Qeners[ 5enrfooa
Administration.
I. Nothing contained In the forogoIng ghat be construed to require
the establishment of a systef+l of records to order to render In good
falh the eertiteetion required by ilia clause. The knowledge end
Page 15 of 22
August 12, 2013
Local Assistance Procedures Manual
Information of the prospective participant le not required to exceed
That which Is normally possessed by a prudent person In the
ordinary course of business dealings.
j. Except for transactions authorized under paragraph (1) of these
Instruction, If a oenlolpant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who Is
suspended. debarred. Inelglble, or voluntarily excluded from
parttolpatlon in this transaction, In addition to other remedies
available to the Federal Government, the department Of agency may
terminate this transaction for cause or default,
2. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion — First Tier Participants;
a. The prospective first tler participant certifies to the best of its
knowledge and ballef, that It and its principals;
(1) Are not presently debarred, suspended, proposted for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or
fin;
(2) Have not within a three-year period preceding this proposal
bean convicted of or had a civil Judgment rendered against them for
commission of fraud or a criminal offense in connection wlIh
obtaining, attempting to obtain, or performing a public (Federal,
State or local) Transaction or contract under a public transaction;
violation of Federal or Stele antitrust statutes or commission of
embezzlement, theft, forgery, bribery. falsification or destruction of
records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (a)(2)
of This cerllficallon; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
b. Where the prospective partiolpent is unable to certify to any of
the atetements In this certification, such prospective participant shall
attach an explanation to this proposal.
2. Instructions for Certification - Lower Tler Partloipants:
(Applkebie to all subcontracts, purchase orders and other lower tier
transections requiring prior FHWA approval or estimated to coat
125,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower
tier ie providing the certUlcetlon set out below.
b. The certification In thea clause Is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If 11 Is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification. in addition
to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may
pursue available remedies, including suapenaion and/or debarment.
c. The prospective lower der participant shad provide Immediate
written notice to the person to which thio proposal Is submitted If at
any time the prospective lower tler participant learns that Its
certification was erroneous by reason of changed cirwmatances.
d. The terms "covered transaction," "debarred,' "suspended,'
'Ineligible," "participant," "person." 'principal." and "voluntarily
excluded," es used In this clause, are defined In 2 CFR Perls 180
DLA -08 13-06
Exhibit 12-G
Required Federal -aid Contract Language
and 1200. You may contact the person to which this proposal Is
submitted for assistance In obtaining a copy of those regulations.
"First Tier Covered Transactions" refers to any covered transaction
between a grantee or subgrantee of Federal funds and a participant
(such as the prime or general contract). 'Lower Tier Covered
Transactions' refers to any covered transaction under a First Tier
Covered Transaction (such as subcontracts). "First Tier Participant'
refers to the participant who hes entered Into e covered transaetlon
with a grantee or subgrantee of Federal funds (such u the prime or
general contractor). "Lower Tier Participsnr refers any participant
who has entered Into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as subcontractors
Find suppliers),
e. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, It shell not knowtngy enter into any lower tier covered
transaction with a person who Is debarred, suspended, declared
ineligible. or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
1. The prospective lower tier participant further agrees by
submitting this proposal that It will Include this cisme titled
"Certification Regarding Debannent, Suspension, ineligibility and
Voluntery Exclusion -Lower Tier Covered Transaction," without
modification, in at lower tier covered transactions and In all
solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant In a covered transaction may rely upon
certification of a prospective participant In a lower tier coveted
transaction that Is not debarred, suspended, ineligible, or voluntarily
excluded from the covered beneection, unless It knows that the
cartlllcation is erroneous. A participant Is responsible for ensuring
that Its principals are not suspended, debarred, or otherwise
Ineligible to participate In covered transactions. To verify the
eligibility of Its principals, as well ea the eligibility of any lower tier
prospective partidpants, each participant may, but is not required to,
check the Excluded Parties List System website
neaps 1/www,epls.aovl), which Is compiled by the General Services
Administration.
h. Nothing contained In the foregoing shall be construed to require
establlehment of a system of records in order to render in good faith
the certification required by this clause. The knowledge end
information of participant is not required to exceed that which Is
normally possessed by a prudent peraon In the ordinary course of
business dealings
1. Except for transactions authorized under paragraph e of these
Instructions, If a participant In a covered transaction knowingly
enters Into a lower tier covered transaction with a pereon who le
suspended, debarred, Ineligible, or voluntarily excluded from
participation in this transadkn, in addition to other remedies
available to the Federal Government, the department or agency with
which thio transaction originated may pursue available remedies,
including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -rower Tier Perticipente:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared Ineligible, or
voluntarily excluded from participating In covered transactions by
any Federal department or agency.
Page 16 of 22
August 12,2013
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -aid Contract lauguage
2, Mere Ilse praspeclisn lower tier panidpent Is unable to Certify to
any of the statements in This certification, such proepedhe
participant shell attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal -aid oonstructbn contracts
and to ell rotated subcontracts which exceed V100,000(49 CFR 20).
1. The prospective participant certifies, by signing and submitting
this bld or proposal, to the beet of his or her knowledge and belief,
that:
e. No Fedora! appropriated funds hove boon paid Or will be paid.
by ur on behalf of lha unduraryned, 10 any unm0n (m irlfkuoriciny 01
attempting lo InlluuiCo an officer or ornployoa of any Potterer
aguncr• 0 Mambo' of Congress. an officer or employee ei Cony►osy.
Or un coupI,y0O of a Member of Congress in aonnoortan with lhu
awarding ar any resiutal ContraCl the making of any Federal gl iliac.
tiro realsung of any Federal roan, Ino enuring into r'1 nny Cmlisuat,va
ngfeamer+l, ;Yid 1110 exTr7r:lOtt CenIlrtiiVti00. renewal, orneruhriern,
or ntoelirie;;ttiorl of any 1 -Herat COntruCl. Wald tom', or cooperative
agreement.
h If any fundi other than Federal Appr0Ju1310d funds iteve tJCen
Pahl 01 will De pard to any person for infivanclnp of alte.mpt+nU 10
InlluenCe an officer or employee ni any Federal nponcy, a Member
of Congress, an oifrcor or employee of Congress or an employee of
if Mambo, of Canprass Ill Conn0Clion villi this Fe/doter Contract,
grant, loan, or cooperative agreement. the undersigned shall
complete and euhmll Standard Foarl4.1.L,'Disclosure' Form to
Report Lobbying,' In accordance with its Instructions.
2. This col -Mc -Fitton Is a material representation of fan upon which
relloncc was placed when this transaction was made or entered Into.
Submission of this codification Is a prerequrrs11e tar making or
entering Into snia trarranciloa imposed by 31 U.S.C. 1352. Any
porsaft who fails 10 filo the required Cortifrcatlon shall be subject to
civil penalty or not lass ittdn $10,000 and not mora than 9100,000
for each such failure.
3. The prospective participant also agrees by submitting Its bid or
proposal that the participant shall require that the language pf this
codification be Included in all lower tier subcontracts, which exceed
$100,000 and that all Such raclpienls shall certify end disclose
accordingly.
DLA -OB 13-06
Page 17 of 22
August 12, 2013
RECOMMENDATION FOR CONTRACT AWARD
PROJECT NAME: City of Lodi Public Works Dept. Payroll & Labor Compliance
Review Assistance
DEPARTMENT: Public Works
CONTRACTOR Pacific Municipal Consultants (PMC)
AWARD AMOUNT: $19,999.00
DATE OF RECOMMENDATION: 2/13115
BIDS OR PROPOSALS RECEIVED:
Pacific Municipal Consultants (PMC)
Contractor Compliance & Monitoring. Inc. (CCMI)
"NO BID" or NO RESPONSE RECEIVED:
PrevailingWageExperts.com
Vistacore.com
Labor Compliance Services, LLC
Gonzales -White Consulting Service, LLC
$110.00 Per Hour
$85.00-$120.00 Per Hour
BACKGROUND INFORMATION & BASIS FOR AWARD:
Transportation Planner discussed the project scope with staff from each company. In addition, a
Scoring Committee (Transportation Manager, Deputy Public Works Director, and Transportation
Planner) reviewed each bidder based on experience/ size of staff/ references; project
understanding and scope of work; as well as proposed cost. To clarify, the cost for the main
staff member on the project from each firm would be $110/hr (PMC) and $85-120/hr (CCMI).
After full analysis, it was determined that Pacific Municipal Consultants (PMC) was the preferred
consultant.
FUNDING: Various Federal Project Accounts
Prepared by: Julia Tyack__
Title: Transportation Planner
Reviewed by: : P .� C,�+• - v�
Michael Baker
INTERNATIONAL
February4, 2016
Julia Tyack, Transportation Planner
CITY OF LODI
221 West Pine Street
Lodi, CA 95240
jtyack@lodi.gov
RE: HARNEY LANE GRADE SEPARATION — LABOR COMPUANCE
Exhibit 2
We Make o Difference
Dear Ms. Tyack:
Michael Baker International is pleased to provide this proposal to assist with the Harney Lane grade
separation. The following is a list of tasks that we will complete.
SCOPE OF WORK
TASK 1. ATTEND PRECONSTRUCTION MEETINGS AND VERIFY CONTRACTOR'S LICENSE STATUS.
Michael Baker will attend the preconstruction meeting to provide contractors and their
subcontractors with materials and information on applicable federal and state labor standards
requirements and to answer questions regarding labor standards monitoring procedures and required
forms. Michael Baker will also take this opportunity to gather contact information from all of the
contractors to ensure regular communication throughout the course of the project. We will obtain
verification that all contractor licenses are current and confirm that contractors are exduded from the
federal debarment list.
TASK 2. CONDUCT EMPLOYEE INTERVIEWS.
Once the project is under way, Michael Baker will conduct Exhibit 16-N employee interviews to verify
worker classifications and wage payments. These interviews must be completed regularly throughout
the course of the project. We will coordinate these interviews with the contractors and subcontractors
at the work site to minimize the downtime associated with employee interviews.
TASK 3. MONITOR LABOR STANDARDS COMPUANCE ON THE PROJECT.
Michael Baker will ensure that the City is in compliance with all requirements regarding labor
standards, Including compliance with federal and state prevailing wage requirements. Michael Baker
will work closely with contractors and subcontractors (especially those unfamiliar with prevailing
wage requirements) throughout the project.
Michael Baker staff will review all certified payroll reports. Where deficiencies are found, Michael Baker
Is available to work directly with the contractor to make corrections and confirm restitution. We will
inform the City whenever a contractor or subcontractor is found to be out of compliance.
MBAKERINTL.COM
2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670
P. (916)361-13384 F: (916)361-1574
OTY OF LODI
RE HARNEY LANE GRADE SEPARATION - LABOR COMPLIANCE
Page 2
TASK 4. MAINTAIN LABOR STANDARDS COMPLIANCE DOCUMENTATION.
Michael Baker will maintain the files in accordance with the requirements of the program.
We will monitor any changes or developments regarding federal or state labor standards that may
occur during the term of the protect, and will immediately Inform the City and contractors of any
changes that occur.
TASK S. ASSIST WITH PROGRESS PAYMENTS.
When a progress or final payment is requested by the contractor, Michael Baker will coordinate with
the Gty to ensure that all weekly payrolls have been reviewed for labor standards and prevailing wage
compliance before a payment Is made to the contractor. This ensures that there are no surprises when
the contractor makes a retention request.
TASK 6. RESPOND TO REQUESTS FOR INFORMATION.
Michael Baker staff will be available to the City and the contractors to answer any requests for
Information that may arise pertaining to federal and state labor standards compliance. Michael Baker
staff Is knowledgeable on labor standards law, and will try to provide contractors with all the
Information they need throughout the project.
PROJECT TEAM
JENNIFER GASTELUM, PROJECT DIRECTOR
Ms. Gastelum has more than 15 years of experience in housing, planning, and project management.
She is experienced In administering various federal grant programs, Induding CDBG, Neighborhood
Stabilization Program, CalHome, and HOME. Ms. Gastelum will provide general oversight to the
project.
CYNTHIA WALSH, PROJECT MANAGER AND LABOR COMPLIANCE OFFICER
Ms. Walsh Is experienced with state and federal grant programs and specializes in labor standards
compliance. She possesses extraordinary administrative and organizational skills, a necessity for labor
compliance. Ms. Walsh will serve as the project manager and, as primary contact for the City, will also
be responsible for monitoring labor compliance through the review of certified payroll reports. She
will also be the primary point of contact for the prime contractor, and will be responsible for reporting,
coordination, and record-keeping.
JESSICA HAVES, ASSISTANT PROJECT MANAGER AND SENIOR GRANTS MANAGEMENT SPECIALIST
Ms. Hayes Is experienced with state and federal grant programs and will serve as the assistant project
manager for the City. She will assist Ms. Walsh with monitoring labor compliance through the review
of certified payroll reports.
PATRICE CLEMONS, ASSOCIATE LABOR COMPLIANCE SPECIALIST
Ms. Clemons currently manages CDBG programs for the cities of Lodi and Grass Valley. Her duties
include preparing reports, processing financial requests, maintaining records, tracking expenses and
revenue, and monitoring, Additionally, Ms. Clemons has conducted HUD -11 employee Interviews and
reviewed certified payroll reports for compliance with federal standards.
CRY OF LODI
RE: HARNEY LANE GRADE SEPARATION — LABOR COMPLIANCE
Paye 3
FEE
Exhibit 3
Michael Baker will provide the proposed scope of services for a fee of $24,000.
BILLING AND PAYMENT
Michael Baker will bill according to the percentage of work completed. Progress billing will be
monthly, with payment due on receipt.
HOURLY RATES
Stiff
Hund, Rate
Jennifer Gastelum, Protect Director/Service Area Lead
$135
Cynthia Walsh, Protect Manager/Labor Compliance Officer
$110
Jessica Hayes, Assistant Protect Manager/Senior Grants Management Specialist
$105
Patrice Clemons, Associate Labor Compliance Spedallst
$85
If you have any questions regarding this proposal, please contact Jennifer Gastelum at (916) 231-2268.
Sincerely,
11
Kevin Gusto ' PE
Vice President
J *' if T Gastelum
Service Area Lead
Michael Baker
INTERNATIONAL
November 16, 2016
Julia Tyack, Transportation Planner
CITY OF LODI
221 West Pine Street
Lodi, CA 95240
jtyack@lodi.gov
RE: LABOR COMPLIANCE SERVICES
Dear Ms. Tyack:
Exhibit 2
We Make a Difference
Michael Baker International is pleased to provide this proposal to assist the City with its labor
compliance requirements.
SCOPE OF WORK
TASK 1: COMPLETE LABOR COMPLIANCE MONITORING
Michael Baker will complete labor compliance monitoring for the remaining portion of the Harney Lane
Grade Separation project and will assist the City with the Lockeford Street Widening project and the
2017 GrapeLine Bus Stop project. Both new projects are expected to occur in fiscal year 2017/2018.
Michael Baker will document and ensure contractor compliance with state and federal regulations,
including Davis -Bacon prevailing wage requirements. Tasks include:
• Attend preconstruction meetings and verify contractor's license status.
• Conduct employee interviews (Exhibit 16-N).
• Monitor labor standards compliance on each project.
• Maintain labor standards compliance documentation.
• Assist with progress payments.
• Respond to requests for information.
MBAKERINTL.COM
2729 Prospect Park Drive, Suite 220, Rancho Cordova, CA 95670
P: (916) 361-8384 F: (916) 361-1574
CITY OF LODI
RE: Labor Compliance Services
Page 2
PROJECT TEAM
JENNIFER GASTELUM, PROJECT DIRECTOR
Ms. Gastelum has more than 15 years of experience in housing, planning, and project management. She
is experienced in administering various federal grant programs, including CDBG, Neighborhood
Stabilization Program, CalHome, and HOME. Ms. Gastelum will provide general oversight of the project.
CYNTHIA WALSH, PROJECT MANAGER AND LABOR COMPLIANCE OFFICER
Ms. Walsh is experienced with state and federal grant programs and specializes in labor standards
compliance. She possesses extraordinary administrative and organizational skills, a necessity for labor
compliance. Ms. Walsh will serve as the project manager and, as primary contact for the City, will also
be responsible for monitoring labor compliance through the review of certified payroll reports. She will
also be the primary point of contact for the prime contractor and will be responsible for reporting,
coordination, and record-keeping.
JESSICA HAYES, ASSISTANT PROJECT MANAGER AND SENIOR GRANTS MANAGEMENT SPECIALIST
Ms. Hayes is experienced with state and federal grant programs and will serve as the assistant project
manager. She will assist Ms. Walsh with monitoring labor compliance through the review of certified
payroll reports.
PATRICE CLEMONS, ASSOCIATE LABOR COMPLIANCE SPECIALIST
Ms. Clemons currently manages CDBG programs for the Cities of Lodi and Grass Valley. Her duties
include preparing reports, processing financial requests, maintaining records, tracking expenses and
revenue, and monitoring. Additionally, she has conducted HUD -11 employee interviews and reviewed
certified payroll reports for compliance with federal standards.
JAMES BEGGS, ASSISTANT LABOR COMPLIANCE SPECIALIST
Mr. Beggs brings relevant experience in current planning and community development ranging from
use permit and design review to housing rehabilitation and program implementation using CDBG
funds. His experience extends to cost estimation, drafting bids for construction, zoning ordinance
amendments, and labor compliance monitoring. Through his experience working in many
municipalities and a variety of positions, Mr. Beggs has shown resourcefulness in accomplishing
CITY OF LODI
RE: Labor Compliance Services
Page 3
FEE
Michael Baker will provide the proposed scope of services on a time and materials basis.
BILLING AND PAYMENT
Michael Baker will bill according to the percentage of work completed. Progress billing will be monthly,
with payment due on receipt.
HOURLY RATES
Staff
Hourly Rate
Jennifer Gastelum, Project Director/Service Area Lead
$135
Cynthia Walsh, Project Manager/Labor Compliance Officer
$110
Jessica Hayes, Assistant Project Manager/Senior Grants Management Specialist
$105
Patrice Clemons, Associate Labor Compliance Specialist
$85
James Beggs, Assistant Labor Compliance Specialist
$75
Administrative Support
$65
If you have any questions regarding this proposal, please contact Jennifer Gastelum at (916) 231-2268.
Sincerely,
hilip 0. Carter
Vice President
nr> er Gastelum
ervice Area Lead
RESOLUTION NO. 2017-09
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC., OF RANCHO CORDOVA,
FOR LABOR COMPLIANCE SERVICES, VARIOUS CITY PROJECTS
WHEREAS, City of Lodi Public Works
Agreement with Michael Baker International,
January 27, 2016, and Amendment No. 1
compliance services; and
Department entered into a Professional Services
Inc., on March 24, 2015, Consent to Assign on
on March 28, 2016, for assistance with labor
WHEREAS, the scope of work included review of project payrolls for compliance with
prevailing wages, timely confirmation that contractors submit required documentation from
prime and subcontractors, conducting employee labor compliance interviews, and maintaining
project files in preparation for federal and State audits; and
WHEREAS labor compliance oversight will be utilized on the next phase of the bus stop
improvements, the remaining elements of the Harney Lane Grade Separation Project, the
Proposition 84 funded White Slough Water Pollution Control Facility Expansion Pond Project,
and other federal and State funded projects requiring such services; and
WHEREAS. staff recommends that the City Council authorize the City Manager to
execute Amendment No. 2 to the Professional Services Agreement with Michael Baker
International, Inc., of Rancho Cordova, for labor compliance services, various City projects, in
the amount of $90,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 2 to the Professional Services
Agreement with Michael Baker International, Inc., of Rancho Cordova, California, for labor
compliance services, various City projects, in the amount of $90,000.
Dated: February 1, 2017
I hereby certify that Resolution No. 2017-09 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 1, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS — Chandler, Johnson, Mounce, and Mayor Kuehne
COUNCIL MEMBERS — None
COUNCIL MEMBERS — Nakanishi
COUNCIL MEMBERS — None
NIFER '. FERRAIOLO
City Clerk
2017-09