HomeMy WebLinkAboutReso 97-1988 RESOLUTION NO. 97-88
CITv COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
FOR PROFESSIONAL CONSTRUCTION CONTRACT
ADMINISTRATION SERVICES IN CONNECTION WITH THE
AIRCRAFT NOISE INSULATION PROJECT - PHASE III,
PROJECT NO. PB-87-1.
BE IT RESOLVED by the City Council of the City of South San Francisco,
that:
The City Manager is authorized to execute on behalf of the City a
Contract entitled, "Contract For Professional Construction Contract
Administration Services in Connection With The Aircraft Noise Insulation
Project - Phase III", Project No. PB-87-1 between the City of South San
Francisco and Wilson, Ihrig and Associates. A copy of the Contract is
attached as Exhibit "1".
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
regu)a~ meeting held on the 27th day of July , 1988, by the
following vote.
AYES:
NOES:
Councilmembers Mark N. Addiego, Richard A. Haffey, Gus
Nicolopulos, and Roberta Cerri Teglia
None
ABSTAINED: None
ABSENT: Councilmember Jack Drago
ATTEST: ~
' - City Clerk
EXHIBIT I TO RESOLUTION NO. 97-88
WILSON, IHRG & ASSOCIATES, Ix,lC.
City of South San Francisco-Phase III
CONTRACT FOR PROVIDING CONSTRUCTION CONTRACT ADMINISTRATION
SERVICES IN CONNECTION WITH THE
SOUTH SAN FRANCISCO AIRCRAFT NOISE INSULATION PROJECT
-- PHASE III --
24 May 1988
WILSOn, IHR~ & ASSOCIATES, INC.
City of South San Francisco-Phase III
CONTRACT FOR PROVIDING CONSTRUCTION CONTRACT ADMINISTRATION
SERVICES IN CONNECTION WITH THE
AIRCRAFT NOISE INSULATION PROJECT - PHASE III
CITY OF SOUTH SAN FRANCISCO
The following is an agreement between the CITY OF SOUTH SAN
FRANCISCO, CALIFORNIA, hereinafter referred to as "City" and
WILSON, IHRIG & ASSOCIATES, INC., a California corporation,
hereinafter referred to as CONSULTANT.
WHEREAS, City is performing an Aircraft Noise Insulation
Project - phase III; and
WHEREAS, CONSULTANT is qualified and experienced as a
CONSULTANT in matters connected therewith, and has offered
services for the purposes specified in this agreement; and
WHEREAS, in the judgement of the City Council of said City it
is necessary and advisable to employ the services of said
CONSULTANT for said purpose in connection with the proposed
Aircraf~ Noise Insulation Project - Phase III, hereinafter
referred to as the "Project".
NOW, THEREFORE, in consideration of the promises hereinafter
made and exchanged, the parties hereto agree as follows:
1. Employment of Consultant: City agrees to employ
Consultant and Consultant agrees to perform services for City in
accordance with the provisions hereinafter contained in this
Agreement.
Consultant shall serve as City's professional representative
in those phases of the Project to which this Agreement applies,
and will give consultation and advice to City during the
performance of said services.
Consultant may employ the services of outside consultants and
subcontractors as is deemed necessary to complete work under this
Agreement, if first approved in writing by City. It is agreed
that Corlett, Skaer and DeVoto Architects, Inc., is approved as a
subcontractor.
2. Scope of Services: The Consultant shall provide basic
and special services as described in the attached Appendix A.
3. Payment for Services: In consideration of the faithful
performance of this Agreement by Consultant, City agrees to pay
Consultant, on a cost plus fixed fee basis, for direct labor
costs, allowable indirect costs, incidental direct expenses and
appropriate profit on these costs to an amount not to exceed
$26,175.00. These costs are further delineated in Appendix B.
WILSON, IHRIG & ASSOCIATES, I/NC.
3
City of South San Francisco-Phase Iii
Coszs in excess of the amounts estimated herein, except for
costs resulting from changes in overhead rates, shall not be
incurred by Consultant without prior written approval by City.
4. Progress Payments: Consultant shall submit bills to the
City every month for work done in accordance with this Agreement.
Bil2s shall be due and payable to the Consultant within
thirty days from the date of City's receipt thereof. Bills shall
be itemized to show direct costs, indirect costs, subcontract
costs and pro-rated fixed fee.
5. Time of Performance: Consultant shall commence
immediately upon receipt of a Notice to Proceed from City, and
shall complete all work required herein in accordance with the
following schedule:
"The CONSULTANT shall complete the following items of work
within the time specified, commencing upon issuance of the
NotSce to Proceed by the City, except that CONSULTANT will
not be held responsible for delay caused by acts of God or of
the public enemy, acts of the City, fires, floods, epidemics,
quarantine restrictions, freight embargoes, strikes not based
upon unfair labor practices, or delays of Subcontractors due
to such causes, provided that the CONSULTANT will notify the
City Engineer in writing of the cause of the delay within ten
(10) calendar days from the beginning of such delay, and the
City Engineer shall ascertain the facts regarding the cause
and extent of the delay and his findings thereon shall be
final and conclusive:"
The consultant shall provide services as requested by the
City or as needed by the Project. The services are described
in the attached Appendix A.
6. Project Representation: Consultant and City hereby
designate Harjodh S. Gill, Ph.D. and City Engineer, City of South
San Francisco, respectively, as representatives who shall be
totally responsible for coordinating the efforts of their
respective party with regard to the performance of the work as set
forth under this Agreement. Project representation may be changed
upon the mutual agreement of the City and Consultant.
7. Responsibilities of City:
The City shall:
a. Provide overall direction to the Consultant.
V,,rlLSON, IHRG & ASSOCIATES. INC.
City of South San Francisco-Phase III
Assist Consultant by placing at his disposal available
information pertinent to the project including previous
reports and other data relative to the project; all of
which Consultant may utilize upon in performing the
services agreed upon.
The City shall assist in scheduling times mutually
agreeable to the CONSULTANT and participating property
owners for the purpose of conducting field visits at
locations selected by the CONSULTANT. The City will
cooperate with the CONSULTANT in securing timely access
to the properties.
Review progress schedules and make determination
regarding their acceptability.
e. Review and approve Consultant's payment requisitions.
Perform Grant Administration Services for obtaining and
complying with all conditions of approval contained in
any grants, rules, regulations or guidelines pertaining
to the Project.
8. Additional Work: For any work directed by the City which
is not delineated in Appendix A, the Scope of Work will have
changed and the fixed fee will be subject to renegotiation. A
supplemental agreement or amendment to this Agreement shall then
be entered into delineating the additional work, associated
provisions, and compensation for same. The supplemental agreement
or amendment to this Agreement shall be preferably executed prior
to Consultant performing said additional work; however, should
this not be possible in the interest of time, City shall give
Consultant written authorization for performance of services while
the necessary documents are prepared.
9. Termination of Agreement: This Agreement may be
terminated by the City upon ten (10) days written notice.
If this Agreement is terminated for any reason during any
phase, Consultant shall be paid for the reasonable value of
services performed by him up to the time of such termination.
Said reasonable value to be determined in the following manner:
Value of direct labor will be the Consultant's payroll
cost for service rendered to the date of termination.
Indirect labor will be based on the appropriate contract
rates and overhead factor.
Value of subcontracts will be the cost for subcontract
work incurred by Consultant to the date of termination.
WILSON, IHRIG & ASSOCIATES, INC.
City of South San Francisco-Phase III
Value of profit will be a percentage of the contract fee
for profit based on the percent expenditure of
Consultant's total estimated direct labor at the time of
termination.
See paragraph 19 of this agreement for an explanation of
termination by default.
Except as indicated above, Consultant services for the work
shall terminate 90 days after final acceptance of the Project or
by mutual agreement of the City and Consultant. This contract may
be extended beyond that date by mutual agreement of the City and
Consultant~
10. Non-Assignability: Consultant shall not assign or
transfer this contract or any interest or obligation therein
without the prior written consent of City, and then only upon such
terms and conditions as City may set forth in writing.
11. Waiver: In the event that either City or Consultant
shall at any time or times waive any breach of this Agreement by
the other, such waiver shall not constitute a waiver of a~y other
or succeeding breach of this Agreement, whether of the same or any
other covenant, condition or obligation.
12. Insurance: The CONSULTANT shall take out and maintain
during the life of this Agreement the following policies of
insurance:
ae
Worker's Compensation and employers' liability insurance
in the statutory amount, as applicable.
Commercial General Liability Insurance: In an amount not
less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for
injuries including, but not limited to death to any one
person or damage to property and subject to the same
limit for each person, in an amount not less than ONE
MILLION DOLLARS ($1,000,000.00) on account of any one
occurrence and in aggregate.
Non-owned automobile insurance in an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) to be
maintained during the life of this Agreement.
It is agreed that the insurance required by Subsection
b shall be extended to include the City of South San
Francisco, its elective and appointive boards,
officers, agents and employees, with respect to
operations performed by the Consultant, as described
herein. Evidence of this insurance described above
shall be provided to City Attorney as to form, amount
WILSO.X,, IHI;~I(: & ASSOCIATES, INC.
City of South San Francisco-Phase III
and carrier. The policy of insurance shall also
contain a provision indicating that such insurance
shall not be reduced or cancelled except upon thirty
(30) days written notice to City.
13. ResDonsibility of the Parties:
Se
Consultant shall indemnify, hold harmless and, at City's
request defend City, its employees, agents, officers,
Boards and Commissions, whether elected or appointed,
from and against all claims, demands, damages,
liabilities, costs, expenses, including reasonable
attorneys fees or obligations, for or in connection with
any personal injury (including death) and/or property
damage resulting from the negligent acts, errors or
ommissions of the Consultant, including Consultant's
contractors, subcontractors, employees, agents or
representatives in connection with Consultant's
performance under this Agreement.
be
City shall indemnify, hold harmless and, at Consultant's
request defend Consultant, its employees, agents and
officers from and against all claims, demands, damages,
liabilities, costs, expenses, including reasonable
attorneys fees or obligations, for or in connection with
any personal injury (including death) and/or property
damage resulting from the negligent acts, errors or
omissions of City, its employees, officers or agents in
connection with City's obligations under this agreement.
In the event of concurrent negligence of City, its
officers, agents and/or employees and Consultant, its
officers, agents, employees, contractors or
subcontractors, then the liability for any and all claims
for personal injury (including death) and property
damage, and the cost of defending same, including
attorneys fees, arising out of performance of this
agreement shall be apportioned under the California
theory of comparative negligence as established
presently, or as may hereafter be modified.
14. Notices: Ail notices hereinafter shall be in writing and
shall be sent by certified or registered mail, postage prepaid,
addressed as follows:
TO CITY:
CITY ENGINEER
City of South San Francisco
400 Grand Avenue
South San Francisco, California
94080
TO CONSULTANT:
Harjodh S. Gill, Ph.D.
WILSON, IHRIG & ASSOCIATES, INC.
5776 Broadway
Oakland, California 94618
WILSOn, IHR G & ASSOCIAI£S, ~C.
7 City of South San Francisco-Phase III
15. Responsibilities of Consultant:
Consultant shall have no authority, express or implied,
to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or
implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
be
At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall
not be an employee of City.
Ail products of Consultant shall become the property of
the City and shall be delivered to the City not later
than thirty (30) days after the termination date of this
Agreement unless an earlier time is specified for a
particular product.
The Consultant shall provide necessary coordination
between his Sub¢onsultants and Government Agencies.
16. Non-Discr. imination: No discrimination shall be made by
Consultant in the employment of persons to work under this
contract because of race, color, national origin, ancestry, sex,
or religSon of such person.
17. Workers' Compensation: Consultant, by executing this
contract, certifies that Consultant is aware of the provisions of
Sections 3700 et seq. of the Labor Code of the State of California
requiring every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance
with the provisions of that Code, and certifies that Consultant
will comply with such provisions before commencing the performance
of the work of this contract. A certificate of insurance for said
policy shall be deposited with the City when the Consultant
executes this Agreement.
In case any work is sublet, Consultant shall require
subcontractor similarly to provide worker's compensation insurance
for all of the latter's employees, unless such employees are
covered by the protection afforded by Consultant. Consultant
indemnifies City for any damages resulting to City from failure of
either Consultant or any subcontractor to take out or maintain
such insurance.
18. Costs and Attorney's Fees: The prevailing party in any
action b[ought to enforce or construe the terms of this Agreement
may recover from the other party its reasonable costs and
attorney's fees expended in connection with such an action.
%¥1L50,%', I~RK3 &ASSOCIAT£S, I~C. 8 City of South San Francisco-Phase III
19. FAA Mandatory Contract Provisions:
a. Violation or Breach of Contract by Consultant
A violation or Breach of Contract by Consultant shall be
grounds for the City to terminate the Contract for reason
of default of the contract (see b. below).
b. Termination by Default
If the termination is due to the failure of the
Consultant to fulfill his contract obligations, the
City may take over the work and prosecute the same to
completion by contract or otherwise.
If, after notice of termination for failure to
fulfill contract obligations, it is determined that
the Consultant had not so failed, the termination
shall be deemed to have been effected for the
convenience of the City. In such event, adjustment
in the contract price shall be made as provided in
paragraph a. of this clause.
The rights and remedies of the City provided in this
clause are in addition to any other rights and
remedies provided by law or under this contract.
The City, the Federal Aviation Administration, the
Comptroller General of the United States, or any of their
duly authorized representatives shall have access to any
books, documents, papers, and records of Consultant which
are directly pertinent to the project, for the purpose of
making audits, examinations, excerpts, and
transcriptions. Consultant is to maintain all required
records for three years after the City makes final
payment and all other pending matters are closed.
d. Title VI and Minority Business Enterprise Assurances are
hereby included in the contract. (See Appendix D.)
20. Agreement Contains All Understanding: This document,
together with the attached Appendices A through D, represents the
entire and integrated Agreement between City and Consultant and
supercedes all prior negotiations, representations, or agreements,
either written or oral. This document may be amended only by
written [nstrument, signed by both City and Consultant. All
provisions of this Agreement are expressly made conditions. This
Agreemen shall be governed by the laws of the State of
California.
~,¥1~ON. IHRIG&ASSOCIATES, t',~. 9 City of South San Francisco-Phase III
IN WITNESS WHEREOF, the City of South San Francisco, State of
California as authorized by the City Council at its meeting held
on has caused its corporate name to be
affixed hereto and the Consultant has hereto set their hands and
corporate name the day of , 19 , at
South San Francisco, California.
CITY OF SOUTH SAN FRANCISCO, CALIFORNIA
By
[{arj~h S. Gill, Ph.D..
Principal
Approved as to Form:
City
Attest:
City Clerk
Wll3ON, ~IG&ASSOCI^T~S, INC. A-1 City of South San Francisco-Phase III
APPENDIX A
SCOPE OF SERVICES - PHASE III
WILSON, IHI~IG&ASSOCIAT[S, INC. A-2 City of South San Francisco-Phase III
Our pro]
Adminis
of Sout'~
Constru.
contrac
Please
propose
excludec
)osed Scope-of-~ork relating to the Construction Contract
~ration Services is based on the assumption that the City
San Francisco will directly employ a full-time
tion Manager to directly liaison with the homeowners,
:or and the City.
lore that our work only covers the services outlined in the
Scope-of-Work. The services listed below are clearly
from our Scope-of-Work.
dditional work resulting from changes in the design
criteria or design, requested and authorized by you after
~.r'ior approval of these items.
~.dditional professional services made necessary by the
default of the Contractor or by major defects in the work
of the Contractor in the performance of the Construction
C)ntract.
F ~conciliation of any underlying permit or code issue that
Fay exist or arise as a result of previous design decisions
and constru.ction practices npt a part of this cont.~act.
Additional work necessitated by owner initiated change
orders during construction.
Additional work made necessary by the extension of the
a reed upon project completion date, and the construction
w. expected to take no more than ten months.
6. P eparation of as-built drawings.
7. C .ordination with special consultants not specified in
Slope of Services·
PROPOSED[SCOPE-OF-WORK FOR CONSTRUCTION CONTRACT ADMINISTRATION
SERVICES
1. Intr¢
Work
Serv:
Proj
Corl
~duction
relating to the Construction Contract Administration
.ces for the South San Francisco Aircraft Noise Insulation
~ct - Phase III is presented below, performed primarily by
tt, Skaer and DeVoto, Inc. (CSDA). Wilson, Ihrig &
Asso¢~iates, Inc. (WIA) is only expected to perform site
ins ctions at ten residences selected for detailed study.
WII_~ON,
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
A-3 City of South San Francisco-Phase III
Task 1 - Preconstruction Conference
CSDA to schedule and administer a preconstruction
conference to discuss construction procedures.
Conference to include owner, contractor, construction
inspector, architect, acoustical consultant and major
subcontractors.
Task 2 - Field Questions from Inspector
CSDA to receive and process questions from Construction
Inspector regarding field conditions and clarifications
as presented to him by contractor. CSDA to answer
inspector's questions regarding contractors compliance
with plans and specs.
Task 3 - Clarifications
CSDA to prepare and issue clarification information as
required.
Task 4 - Field Visits
CSDA to make field visits as required to ascertain if
contractors work is in general conformance with plans and
specs.
Task 5 - Final Review and Punchlist
CSDA to make final site inspection to clarify any
unresolved inspector questions or observations.
Architect to approve contractors final request for
payment.
Task 6 - Change Orders
CSDA to review and process all contractor requests for
change orders in accordance with terms and conditions of
construction agreement.
Task 7 - Review of Shop Drawings and Submittals
CSDA to review shop drawings and submittals.
Task 8 - Construction Observation
WIA to inspect each of the ten residences selected for
detailed study to ensure that the acoustical aspects of
the project have been implemented correctly.
WILSON, IHRI~ & AS.SOCIAl'ES. I,'xlC
B-1
City of South San Francisco-Phase III
APPENDIX B
BREAKDOWN OF COST AND HOURS BY TASKS
WILSO,%,IHI(~&A,SSOCIATES, INC. B-2 City of South San Francisco-Phase III
Labor p
pr-esent~
for ser,
The cost
Table I
The fee
of WIA
diffe
~ojections for each of the tasks by labor category are
~d on Table I for services provided by WIA and in Table II
,ices provided by CSDA.
estimates for each of the tasks are summarized in
I.
estimates are based on the hourly rates for each category
~nd CSDA personnel, based on the current salaries for
.t labor categories.
Cost esiimates for professional services and direct expenses for
the truction contract Administration Services are as follows:
Wi son, Ihrig & Associates, Inc.
Co lett, Skaer & DeVoto Architects, Inc.
$ 3,975.00
$ 22,400.00
TOTAL:
$ 26,175.00
TABLE I
L~BOR ESTIMATES (HOURS) FOR WILSON, IHRIG & ASSOCIATES, INC.
FOR PHASE III: CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
Task
Estimated Man-Hours for Each Labor Category
Project
Principal Manager
1. Preconstruction Conference to
Discuss Procedures
2. Field Questions from Inspector
3. Clarifications
4. Field Visits
(15 visits @ 3 hfs ea; every 2 weeks)
5. Final Review and Punchlist
6. Change Orders
7. Review Shop Drawings and Submittals
8. Construction Observation
26 27 53
TOTAL HOURS BY LABOR CATEGORY:
26 27 53
Total
Hours
Per Task
TABLE II
LABOR ESTIMATES (HOURS) FOR CORLETT, SKAER AND DEVOTO ARCHITECTS, INC.
FOR PHASE III: CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
Task
1. Preconstruction Conference to
Discuss Procedures
2. Field Questions from Inspector
3. Clarifications
4. Field Visits
(20 visits @ 3 hfs ea; every 2 weeks)
5. Final Review and Punchlist
6. Change Orders
7. Review Shop Drawings and Submittals
8. Construction Observation
TOTAL ~OURS BY LABOR CATEGORY:
Estimated Man-Hours for Each Labor Category
Project
Principal Architect/ Draftsman Clerical
Manager
8.5 8.5 --
12 70 --
5.5 17 45
14 70 --
5.5
11
Total
Hour s
Per Task
17
82
73
95
8.5 22.5 -- 5.5 36.5
14 17 28 5.5 64.5
12 17 22.5 -- 53.5
74.5 222 95.5 27.5 419.5
TABLE III SU[~4ARY OF COST ESTIMATES
Task
1. Preconstruction Conference to
Discuss Procedures
2. Field Questions from Inspector
3. Clarifications
4. Field Visits
(20 visits @ 3 hfs ea; every 2 weeks)
5. Final Review and Punchlist
6. Change Orders
7. Review Shop Drawings and Submittals
8. Construction Observation
Subtotal Fees:
Direct Expenses:
Printing, Telephone,
and Travel, etc.
(including 12% profit)
TOTAL ESTIMATED COST:
Estimdted-F~~rVfces Provided by:
Wilson, Ihrig & Corlett, Skaer and
Associates, Inc. DeVoto Architects,Inc.
1, 275.00
4,700.00
3,151.00
5,252.00
3,915.00
$ 3,915.00
2,151.00
2,856.00
2,725.00
$ 22,100.00
$ 60.00 ~
$ 3,975.00
$ 300.00
$ 22,400.00
~<~
o
o
o
\¥1LSON, IHR~ & A55OCIATES, INC. C-1 City of South San Francisco-Phase III
APPENDIX C
STATEMENT OF CLARIFICATION OF OVERHEAD RATES
WILSO'~,IHRIG&ASSOCIAI'ES. INC. C-2 City of South San Francisco-Phase III
APPENDIX C
STATEMENT OF CLARIFICATION
OVERHEAD RATES
a m
The allowable indirect costs under this contract shall be
obtained by applying overhead rates to direct labor costs or
to other bases agreed upon by the City and the Consultant, as
specified below.
b. The Consultant, as soon as possible, but not later than six
months after the expiration of his fiscal year, shall submit
to the City a proposed final overhead rate or rates for that
period based on the Consulting Engineer's actual data.
Determination of overhead rates for each period by the
Consultant and the City shall be undertaken as promptly as
practicable after receipt of the Consultant's proposal. Final
determination of these overhead rates shall be based upon
final audit.
c. Allowability of costs shall be determined in accordance with
the provisions of 41 CFR 1-15.2 and 1-15.4.
The results of each determination shall be set forth in a
modification to this contract, which shall specify: (1) the
agreed final rates; (2) the bases to which the rates apply;
and (3) the periods for which the rates apply.
Pending establishment of final overhead rates for any period,
the Consultant shall be reimbursed at negotiated provisional
rates as provided in the contract, subject to appropriate
adjustment when the final rates for that period are
established. To prevent substantial over- or underpayment,
and to apply either retroactively or prospectively,
provisional rates may, at the request of either party, be
revised by mutual agreement. Any such revision of negotiated
~rovisional rates provided in the contract shall be set forth
in a modification of this contract.
Principals time is charged only when directly applied to the
project and then charges are based on actual salary plus the
same multipliers as other employees.
\VlLSO%,IHRI(J&A. SSOCIATI:'$,IINC. D-1 City of South San Francisco-Phase III
APPENDIX D
FEDERAL ASSURANCES
VVlLSON', IHRIG & ASSOCIATES, INC.
D-2 City of South San Francisco-Phase III
APPENDIX D
CONTRACTOR CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. CompLiance with Regulations. The contractor shall comply with
the regulations relative to nondiscrimination in Federally
assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
2. NondSscrimination. The contractor, with regard to the work
performed by it during the contract, shall not discriminate on the
grounds of race, color, or national, origin in the selection and
retention of subcontractors, including procurements of materials
and leases of equipment. The contractor shall not participate
either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment. In all solicitations, either by
competitSve bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to
nondiscrLmination on the grounds of race, color, or national
origin.
4. Information and Reports. The contractor shall provide all
informatSon and reports required by the Regulations or directives
issued pursuant thereof and shall permit access to its books,
records, accounts, other sources of information, and its
facilities as may be determined by the sponsor or the Federal
Aviation Administration (FAA) to be pertinent to ascertain
compliance with such Regulations, orders, and instructions. Where
any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made
to obtain the information.
\%'I~ON, IHR~ & ~5OC1~£5,~C. D-3 City of South San Francisco-Phase III
,
5. Sanctions for Noncompliance. In the event of the contractor's
noncompl:.ance with the nondiscrimination provisions of this
co'ntract~ the sponsor shall impose such contract sanctions as it
or the F~A may determine to be appropriate, including, but not
limited .o:
a. ,ithholding of payments to the contractor under the
contract until the contractor complies; and/or
b. cancellation, termination, or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions. The contractor shall include the
provisiors of paragraphs 1 through 5 in every subcontract,
includinc procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant
thereto. The contractor shall take such action with respect to
any subcontract or procurement as the sponsor or the FAA may
direct as a means of enforcing such provisions including sanctions
for nonccmpliance. Provided, however, that in the event a
contractc~ becomes involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction,
the contractor may request the sponsor to enter into such
litigation to protect the interests of the sponsor and, in
addition, the contractor may request the United States to enter
into such litigation to protect the interests of the United
States.
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
1. Polic,. It is the policy of the Department of Transportation
(DOT) tha: minority business enterprises as defined in 49 CFR
Part 23 s]~all have the maximum opportunity to participate in the
performanCe of contracts financed in whole or in part with Federal
funds under this agreement. Consequently, the MBE requirements of
49 CFR Pa~t 23 apply to this agreement.
2. MBE Obligation. The contractor agrees to ensure that minority
business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds
provided Under this agreement. In this regard, all contractors
shall tak~ all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that minority business enterprises have
the maximum opportunity to compete for and perform contracts.
Contractors shall not discriminate on the basis of race, color,
national ~rigin, or sex in the award and performance of
DOT-ass contracts.