HomeMy WebLinkAboutReso 23-1988 RESOLUTION NO. 23-88
CITY 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 II,
PROJECT NO. PB-83-5A.
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 II", Project No. PB-83-5A 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
regular meeting held on the 24th day of February , 1988, by the
following vote.
AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Roberta Cerri
Teglia, and Jack Drago
NOES: None
ABSTAINED: None
ABSENT: Councilmember Gus Nicolopulos
~ATTEST:~ty Clerk~ ~
WIL$ON, IHRIC & ASSOCIATES, INC.
EXHIBIT I TO RESOLUTION NO. 23-88
City of South San Francisco-Phase II
CONTRACT FOR PROVIDING CONSTRUCTION CONTRACT ADMINISTRATION
SERVICES IN CONNECTION WITH THE
SOUTH SAN FRANCISCO AIRCRAFT NOISE INSULATION PROJECT
-- PHASE II --
..... 28 January 1988
City of South San Francisco-Phase
CONTRACT FOR PROVIDING CONSTRUCTION CONTRACT ADMINISTRATION
SERIVCES IN CONNECTION WITH THE
AIRCRAFT NOISE INSULATION PROJECT - PHASE II
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 II; 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 ~or said purpose in connection with the proposed
Aircraft Noise Insulation Project - Phase II, 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
$20,358.08. These costs are further delineated in Appendix B.
WLSC~,~RK~&ASSOCJATES. I~C. 3 City of South San Francisco-Phase
Costs 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.
Bills 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
Noti~ce 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.
~ssist Consultant by placing at his disposal available
information pertinent to the project including previous
reports and other data relative to the project; all of
jwhich Consultant may utilize upon in performing the
services agreed upon.
City of South San Francisco-Phase
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:
ae
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.
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.
Wll.SON, I-IRIG&ASSOCJATES, t~. 5 City of South San Francisco-Phase II
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 any 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:
a. Worker's Compensation and employers' liability insurance
in the statutory amount, as applicable.
iCommercial 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 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.
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.
Property Damage Insurance: In an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for damage to
the property of each person on account of_ any one
occurrence.
Contractual Liability Insurance: Consultant shall take
out and maintain during the life of this Agreement an
insurance policy in the amount of at least ONE MILLION
DOLLARS ($1,000,000.00), insuring City, its elective and
appointive boards, commissions, officers, agents and
employees, and Consultant against damages sustained by
reason of any action or actions at law or in provisions
thereof, or by reason of any contractual liability, or
alleged contractual liability on any contract, entered
~nto by Consultant and/or any of its agents or employees.
%~L~)N014~G&~T~,I~C. 6 City of South San Francisco-Phase II
It is agreed that the insurance required by Subsections
b, c and d 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 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. In addition, the following endorsement
shall be made on said policy of insurance·
"Notwithstanding any other provisions in this
policy, the insurance afforded hereunder to the City
of South San Francisco shall be primary as to any
other insurance or reinsurance covering or available
to the City of South San Francisco, and such other
insurance or reinsurance shall not be required to
contribute to any liability or loss until and unless
the approximate limit of liability afforded
hereunder is exhausted."
13. Responsibility of the Parties:
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.
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
6fficers, 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
V~qLSO~,I~R~ &ASSOC~TES. I~C. 7 City of South San Francisco-Phase II
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: All 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
15. Responsibilities of Consultant:
ae
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.
b. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall
not be an employee of City.
c. All 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.
d. The Consultant shall provide necessary coordination
between his Subconsultants and Government Agencies.
16. Non-Discrimination: 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 religion of such person.
17. Workers' Compensation: Consultant, by executing this
contract, certifies that Consultant is aware of the provisions of
Sections 9700 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
City of South San Francisco-Phase
records for three years after the City makes final
'payment and all other pending matters are closed.
Title VI and Minority Business Enterprise Assurances are
hereby included in the contract· (See Appendix D.)
20. A~reement Contains Ail 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 instrument, signed by both City and Consultant. All
provisions of this Agreement are expressly made conditions. This
Agreement shall be governed by the laws of the State of
California.
IN WITNESS WHEREOF, the City of South San Francisco, State of
California as authorized by the City Council at its meeting held
on Febru.a~¥ 24. 1988 has caused its corporate name to be
affixed hereto and the Consultant has hereto set their hands and
corporate name the 26th day of February , 19 88, at
South San Francisco, California.
CITY OF SOUTH SAN FRANCISCO, CALIFORNIA
By
City Manager
WILSON~IHRIG & A~OCIATES, ~NC.
~eor~e Paul Wilson, Ph.D.
President
Armin T. Wright
Vice President
Approved as to Form:
City ~ttorney
Attest:
-- city'Clerk
VV~SO~.I~RK~&~TES, I~C. A-1 City of South San Francisco-Phase
APPENDIX A
SCOPE OF SERVICES - PHASE II
V~LSO~,I4~G&~~S,I~C. A-2 City of South San Francisco-Phase II
Our proposed Scope-of-Work relating to the Construction Contract
Administration Services is based on the assumption that the City
of South San Francisco will directly employ a full-time
Construction Manager to directly liaison with the homeowners,
contractor and the City.
Please note that our work only covers the services outlined in the
proposed Scope-of-Work. The services listed below are clearly
excluded from our Scope-of-Work.
Additional work resulting from changes in the design
criteria or design, requested and authorized by you after
prior approval of these items.
e
Additional 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
Contract.
Reconciliation of any underlying permit or code issue that
may exist or arise as a result of previous design decisions
and construction practices not a part of this contract.
Additional work necessitated by owner initiated change
orders during construction.
Additional work made necessary by the extension of the
agreed upon project completion date, and the construction
work expected to take no more than eight months.
6. Preparation of as-built drawings.
7. Coordination with special consultants not specified in
Scope of Services.
PROPOSED SCOPE-OF-WORK FOR CONSTRUCTION CONTRACT ADMINISTRATION
SERVICES
1. Introduction
Work relating to the Construction Contract Administration
Services for the South San Francisco Aircraft Noise Insulation
Project - Phase II is presented below, performed primarily by
Corlett, Skaer and DeVoto, Inc. (CSDA). Wilson, Ihrig &
Associates, Inc. (WIA) is only expected to perform site
inspections at eight residences selected for detailed study.
1.1 Task 1 - Develop Manual of Procedures
CSDA to prepare outline of procedures for project.
Information to include outline of responsibilities, chain
of command and procedures.
v~,~R~ &AS~C~e~C. A-3 City of South San Francisco-Phase
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Task 2 - 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. 3.- 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 4 - Clarifications
CSDA to prepare and issue clarification information as
required.
Task 5 - Field Visits
CSDA to make field visits as required to ascertain if
contractors work is in general conformance with plans and
specs.
Task 6 - 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 7 - Change Orders
CSDA to review and process all contractor requests for
change orders in accordance with terms and conditions of
construction agreement.
Task 8 - Review of Shop Drawings and Submittals
CSDA to review shop drawings and submittals.
Task 9 - Construction Observation
WIA to inspect each of the eight residences selected for
detailed study to ensure that the acoustical aspects of
the project have been implemented correctly.
~L~DN, I~R~ &ASNiKTIAT~,I~C. B-1 City of South San Francisco-Phase
APPENDIX B
BREAKDOWN OF COST AND HOURS BY TASKS
· %~LS~,I4~G&ASSOCJATES, I~C. B-2 City of South San Francisco-Phase
Labor projections for each of the tasks by labor category are
presented on Table I for services provided by WIA and in Table II
for services provided by CSDA.
The cost estimates for each of the tasks are summarized in
Table III.
The fee estimates are based on the hourly rates for each category
of WIA and CSDA personnel, based on the current salaries for
different labor categories.
Cost estimates for professional services and direct expenses for
the Construction Contract Administration Services are as follows:
Wilson, Ihrig & Associates, Inc.
Corlett, Skaer & DeVoto Architects, Inc.
$ 3,064.40
$ 17,293.68
TOTAL:
$ 20,358.08
TABLE I
Task
lABOR ESTIMATES (HOURS) FOR WILSON, IH~IG & ASSOCIATES, INC.
FOR PHASE II: CONSTRUCTION CONTRACT ADMINISTRATION SERVICF~
Estimated Man-Hours for Each Labor Category
Project
Principal Manager
Total
Hours
Per Task
1. Develop Manual of Procedures
2. Preconstruction Conference to
Discuss Procedures
3. Field Questions from Inspector
4. Clarifications
5. Field Visits
(15 visits @ 3 hfs ea; every 2 weeks)
6. Final Review and Punchlist
7. Change Orders
8. Review Shop Drawings and Submittals
9. Construction Observation
TOTAL HOURS BY LABOR CATEGORY:
20 20 40
20 20 40
O
TABLE II
~ABOR ESTIMATES (HOURS) FOR CORLETT, SKAER AND DEVOTO ARCHITECTS, INC.
FOR PHASE II= CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
Task
1. Develop Manual of Procedures
2. Preconstruction Conference to
Discuss Procedures
3. Field Questions from Inspector
4. Clarifications
5. Field Visits
(15 visits @ 3 hfs es; every 2 weeks)
6. Final Review and Punchlist
7. Change Orders
8. Review Shop Drawings and Submittals
9. Construction Observation
TOTAL HOURS BY LABOR CATEGORY:
Estimated Man-Hours for Each Labor Category
Project
Principal Architect/ Draftsman Clerical
Manager
6 6 ----
1,0 5O --
4 12 32
10 50 --
Total
l~ours
Per Task
10
12
6O
52
68
6 16 -- 4 26
10 12 20 4 46
10 12 16 -- 38
62 158 68 24 312
r~
O
O
O
I
TABLE
SUMMARY OF COST ESTIMATES
Task
1. Develop Manual of Procedures
2. Preconstruction Conference to
Discuss Procedures
3. Field Questions from Inspector
4. Clarifications
5. Field Visits
(15 visits @ 3 hfs ea; every 2 weeks)
6. Final Review and Punchlist
7. Change Orders
8. Review Shop Drawings and Submittals
9. Construction Observation
Subtotal Fees:
Direct Expenses~
Printing, Telephone,
and Travel, etc.
(including 12% profit)
TOTAL ESTIMATED COST:
Estimated Fees for Services Provided by:
Wilson, Ihrtg & Corlett, Skaer and
Associates, Inc. DeVoto Architects,Inc.
$ -- $
727.98
899.94
3,499.78
2,248.04
3,755.81
-- 1,527.93
-- 2,327.98
-- 2,006.22
3,014.40 --
3,014.40 $ 16,993.68
50.00 $ 300.00
3,064.40 $ 17,293.68
o
o
O
v~t~ON,~ &AI~DOA~.~C. C-1 City of South San Francisco-Phase
APPENDIX C
STATEMENT OF CLARIFICATION OF OVERHEAD RATES
~L~ON,~G&~T~,~C. C-2 City of South San Francisco-Phase II
APPENDIX C
STATEMENT OF CLARIFICATION
OVERHEAD RATES
e ®
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.
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.
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
provisional 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
proj.ect and then charges are based on actual salary plus the
same multipliers as other employees.
W~ON,~4~G&~~$.~U2. D-1 City of South San Francisco-Phase II
APPENDIX D
FEDERAL ASSURANCES
W~,~&AS~OGA~.~. D-2 City of South San Francisco-Phase
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. Nondiscrimination. 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
competitive bidding or negot-iation 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
nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports. The contractor shall provide all
information 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 a~propriate, and shall set forth what efforts it has made
to obtain the information.
D-3
City of South San Francisco-Phase
5. Sanctions for Noncompliance. In the event of the contractor's
noncompliance with the nondiscrimination provisions of this
contract, the sponsor shall impose such contract sanctions as it
or the FAA may determine to be appropriate, including, but not
limited to:
a. withholding 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
provisions of paragraphs 1 through 5 in every subcontract,
including 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 noncompliance. Provided, however, that in the event a
contractor 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. Policy. It is the policy of the Department of Transportation
(DOT) that minority business enterprises as defined in 49 CFR
Part 23 shall 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 Part 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 take 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 origin, or sex in the award and performance of
DOT-assisted contracts.