HomeMy WebLinkAboutMINUTES - 05191987 - 1.84 TO: REDEVELOPMENT AGENCY
FROM: Phil Batchelor,
Executive Director
DATE: May 6, 1987
SUBJECT: Undergrounding of utilities along Las Juntas Way in the
Pleasant Hill BART Station Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve the attached agreement with Pacific Bell and authorize the
Executive Director or his designee to execute the Agreement,
calling for the undergrounding of utilities along Las Juntas Way in
the Pleasant Hill BART Station Area.
FISCAL IMPACT
None. The Agreement allows for full reimbursement for the cost of
installing underground telephone facilities.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board is considering an amendment to the Pleasant Hill BART
Station Specific Plan to widen Oak Road between Buskirk Avenue and
Wayne Drive from 2 lanes to 4 lanes and to extend Las Juntas Way
westerly to intersect with Oak Road. If this amendment is approv-
ed, improvements will take place on Las Juntas Way which should
include the undergrounding of overhead wires as called for in this
agreement.
The Agency has been including the construction of underground
structures as part of its street improvement contract. This
provides for efficiencies in construction and coordination, as well
as, cost savings for the utilities involved and the Agency.
The Agreement provides for full reimbursement from Pacific Bell for
its share of the substructure cost upon completion of th&t portion
of the contract.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
*
a__
'001 7'
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATIOfgeot AGgNLf COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF AGENCY ON May 19 , 1987 APPROVED AS RECOMMENDED x OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 1, 4 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
cc: Redevelopment Agency ATTESTED May 19 , 1987
PW Design Construction PHIL BATCHELOR,
Auditor Controller AGENCY SECRETARY
Pacific Bell (via PW/DC) BY DEPUTY
GR:krc
ra13:5-19-87.ral
f
Underground Conversion Agreement
May 6, 1987
Page 2
CONSEQUENCES OF NEGATIVE ACTION:
Failure to approve the Agreement would cause a delay in the
installation of underground facilities as the utility would
accomplish the work on their own schedule.
AERIAL
TO
UNDERGROUND
CONVERSION
AGREEMENT
PACIFIC BELL AND CONTRA COSTA COUNTY
CCC83-54 . 10
Table of Contents
A. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
C. SPECIFIC PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1. Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Tariff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Coordination of Project, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Title to Underground Supporting Structure. . . . . . . . . . . . . . 4
5. Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. Licenses and Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8 . Cost Sharing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. Performance by Pacific. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. Damage to Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
D. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. Indemnity. . . . . . . . . . — o - o — o - oo — o — oo . . . oo . . . . . . — . 6
2. Assignment. . . . . . . . o . . . . oo . . . o — o — o — o — oo — o — o - 6
3. Waiver and Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4. Insurance. . . . . . . . . . . . . . . . o . . . oo — . . . . . . . . . . . . . . .. . . . . 6
5. Independent Contractor Relationship. . . . . . . . . . . . . . . . . . . o7
6. Warranty. . . . . . . . . . . . . . . o . . . . o . . . . . . o . . . . - - o — 000 -7
7. Confidential information. . . . . . . . . . . oo . 000 — o . . . o . . . . . . 7
8. Termination. . . . . . . . oo . . . . o . . . . . . . . . . . o — oo . . . . . . o . . . . .7
9. Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11. Jurisdiction. . . . . . . . . . . . . . . . . oo . . . o — oo . . . _ _ _ _ _ 8
12. Entire Agreement, . . . . . 000 . . o . . . o — 0000 . . . oo . . . . . . . . . _ 9
13. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14. Notices and Demands . . . . . . . . . . . . . . . — 000000 . . . . . . oo — o .9
15. Executive Orders. . . . . . . . . . oo . . . . oo . . . — 000000 . 0000 . . . . 9
i
CCC83-54 . 10
AERIAL TO UNDERGROUND CONVERSION AGREEMENT
THIS AGREEMENT ("Agreement") is between Contra Costa County,
a municipal corporation ("Applicant") , and PACIFIC BELL, a
California corporation ("Pacific") .
A. DEFINITIONS
As used in this Agreement, the following terms apply:
1. The term "Underground Supporting Structure" includes ,
but is not limited to, conduit, manholes, service
boxes, and related equipment.
2. The terms "Trench or Trenching" include, but are not
limited to, excavating, backfilling, compacting, and,
as necessary, breaking and replacing pavement,
sidewalks, driveways, curbs and gutters; and restoring
all other surface features disturbed by underground
construction, including landscaping; plus the cost of
performing such work.
3. The term "District" refers to the area in/on/along Las
Juntas between Del Hombre and Oak Road where the
undergrounding of existing aerial facilities is to take
place.
4. The term "Project" means all of the work required to
construct the Underground Supporting Structure needed
to underground existing aerial facilities within the
District, including work to be performed on behalf of
Pacific Gas & Electric Company ("PG&E") and Televents
of California ("CATV") .
5. The term "Tariff" refers to Schedule Cal . P.U..C. No.
A2, Rule 32, Paragraph A.1.
6. The term "Participant" refers to PG&E and/or CATV if
either or both will be sharing Project costs.
B. RECITALS
1. Applicant has asked Pacific to replace its existing
aerial communication facilities with underground
communication facilities and perform other work upon
facilities within the District.
2. To facilitate this request , Applicant is willing to
construct and transfer ownership of the Underground
Supporting Structure along the public way and upon
Utility rights of way to Pacific.
3. To further facilitate the Project, all property owners
1
CCC83-54. 10
served by the aerial facilities to be replaced within
the District have been required by suitable
legislation, to provide and maintain the Underground
Supporting Structure on their property.
4 . In contemplation of this Agreement, Applicant has made
arrangements for the concurrent removal of all electric
and communication aerial distribution facilities within
the District.
5. Pacific is willing to underground its existing aerial
communication facilities within the District, subject
to the terms and conditions incorporated in this
Agreement.
In consideration of the above Recitals, the parties mutually
agree as follows:
C. SPECIFIC PROVISIONS
1. Term
This Agreement is effective upon execution and shall
continue in effect until terminated or canceled as
provided by law or this Agreement .
2. Tariff
The Project shall be conducted in accordance with the
Tariff, which is by reference made a part of this
Agreement.
3. Coordination of Project
Applicant shall prepare all documents necessary to
coordinate and implement Project plans within the
District. The documents shall include, but shall not
be limited to:
a. Project Plans and Specifications
Project plans and specifications shall be prepared
in accordance with drawings furnished to Applicant
by Pacific.
b. Delineation of Underground Supporting
Structure
Project documents shall delineate all Underground
Supporting Structure to be constructed and
installed within District. Applicant will be
responsible for the construction and installation
of the necessary Underground Supporting Structure
within the public right of way of District.
2
CCC83-54 . 10
c. Bid Package
Applicant shall prepare a bid package covering the
construction and installation of the Underground
Supporting Structure for which Applicant is
responsible under the Project. Pacific shall have
the right to review the entire bid package prior
to the solicitation of bids for the Project.
Pacific shall also have the right to review all
bids before acceptance by Applicant.
d. Separate Agreements with Participants
Applicant shall prepare and execute separate
agreements with Participants pertaining to
construction of their facilities for the Project.
e. Contract
Applicant shall prepare and execute a contract
("Contract") with an independent contractor for
the construction and installation of Underground
Supporting Structure for which Applicant is
responsible under the Project. The Contract shall
be awarded by Applicant to the lowest qualified
bidder , subject to the approval of Pacific. The
terms and conditions of the Contract shall oblige
the Contractor to furnish all materials, adhere to
Project plans and specifications (unless Pacific' s
District Manager - Engineering gives prior written
consent to a deviation) , and install the
Underground Supporting Structure at locations
designated on the map attached to this Agreement
as Exhibit B.
Applicant shall have full supervision and control
over the independent contractor ' s construction and
installation of the Underground Supporting
Structure. However, Pacific shall be given the
opportunity to inspect the construction and
installation of the Underground Supporting
Structure and to coordinate with Applicant to
ensure that the construction and installation are
completed in accordance with Project plans and
specifications furnished to Applicant by Pacific.
4. Title to Underground Supporting Structure
Upon completion of construction to Pacific' s
satisfaction, title to the Underground Supporting
Structure and any associated communications facilities
placed by or for Pacific, except the underground
service connections, shall vest in Pacific, provided
that such is free of all liens and encumbrances.
3
CCC83-54 . 10
5. Liens
Applicant , its agents and contractors shall keep the
Underground Supporting Structure free from any
statutory or common law lien arising out of any work
performed, materials furnished or obligations incurred
by Applicant, its agents or contractors. Applicant
agrees to defend, indemnify and hold Pacific harmless
from and against any such liens, claims, or actions,
together with costs of suit, and reasonable attorneys '
fees incurred by Pacific in connection with any such
claim or action. In the event a lien is recorded
against the Underground Supporting Structure and it is
not removed of record within ten (10) days after notice
is given by Pacific to Applicant to do so, Pacific
shall have the right to pay and discharge the lien
without regard to whether the lien shall be lawful ,
valid or correct. Applicant shall, within thirty (30)
days after written notice from Pacific, reimburse
Pacific for any such claim paid by it.
6. Payment
Provided the construction and installation of the
Underground Supporting Structure is satisfactory to
Pacific, Pacific shall pay to Applicant, within thirty
(30) calendar days after receipt of Applicant's bill ,
the actual cost of the Project work completed under the
Contract. As of the effective date of this Agreement,
the estimated cost is twenty six thousand seven hundred
fourteen dollars ($26, 714.00) .
7. Licenses and Easements
Applicant shall grant to Pacific and to Participants
any and all licenses or grants of easements which are
necessary to accommodate the Project.
8. Cost Sharing
Pacific and Applicant agree that Project costs shall be
shared as indicated below, and that these same cost-
sharing provisions shall be incorporated into separate
agreements between Applicant and PG&E, and Applicant
and CATV relating to this Project .
a. Costs associated with Trenching which are not
necessary for any required street improvements
shall be shared proportionately by Pacific and
Participants .
b. Costs associated with the replacement of paving,
landscaping or other surface features shall be
shared proportionately by Pacific and
4
CCC83-54. 10
Participants.
C. The proportionate share of costs shall be computed
in accordance with the formula listed in Pacific' s
System Instruction 51, Section 2, Paragraph 2. 10.
Since the number of occupants in the trench may
vary throughout the length of the Trench, each
variation in the number of occupants will
constitute a separate longitudinal section of
Trench for the purpose of determining the
proportionate sharing of costs .
d. Unless otherwise agreed to in writing, Pacific,
Applicant, and each Participant shall ,
individually, bear the entire cost of all extra
work which is requested by and performed for each
but is not required for the Project.
Additionally, Applicant, Pacific or Participants,
individually, shall be credited with any savings
resulting from the omission of Project work
falling within their respective realms of
responsibility.
9. Performance by Pacific
Pacific shall replace its existing aerial communication
facilities with underground facilities when a)
Applicant has constructed and installed Underground
Supporting Structure in the public way; b) affected
property owners have provided Undergrounding Supporting
Structure on their properties in accordance with the
Tariff; c) service to customers within District has
been provided by means of the underground facilities;
d) PG&E has removed its facilities from poles and
anchors jointly owned by Pacific and PG&E; and e) CATV
has removed its facilities from poles solely or jointly
owned by Pacific and/or PG&E.
10. Damage to Facilities
Applicant, its employees, agents or contractors shall
exercise special precaution and care to avoid causing
damage to Pacific' s facilities or the facilities of
others in performing work under the Project. Applicant
shall assume responsibility for any and all losses,
costs or expenses arising out of, caused by, or in any
way connected with such damages, including
consequential damages. Applicant shall immediately
report the occurrence of any such damage to Pacific
and/or to Participants. Applicant shall , on demand,
reimburse Pacific and/or Participants for the entire
expense incurred in replacing or repairing the damage.
5
CCC83-54. 10
D. GENERAL PROVISIONS
1. Indemnity
Applicant shall indemnify, defend and hold harmless
Pacific, and its officers, agents and employees, as
well as its associated and affiliated companies and
their respective officers, agents and employees, from
any losses or liabilities incurred as result of any
injury or death to any person(s) or damage to any
property(ies) arising out of the materials used or the
work to be performed by Applicant under this Agreement,
except where such injury, death or damage is caused by
the. sole negligence or willful misconduct of Pacific,
its associates and affiliated companies and their
respective officers, agents and employees.
Upon the request of Pacific, Applicant shall , at no
cost or expense to Pacific, defend any suit or legal
proceeding asserting a claim for losses or liabilities.
Applicant shall pay any costs and attorneys ' fees that
may be incurred by Pacific in connection with any such
suit or legal proceeding.
2. Assignment
Applicant shall not wholly or partially assign this
Agreement without the prior written consent of Pacific.
This Agreement shall be for the benefit of and is
binding upon the respective successors and assigns of
the parties.
3. Waiver and Amendment
The provisions of this Agreement shall not be waived,
altered, or amended by any representations or promises
of any party unless consented to in writing by Pacific.
4. Insurance
Any and all insurance and/or bonds that Applicant
and/or Participants, their agents or contractors may be
required to obtain under the laws , ordinances and
regulations of any governmental authority, including,
but not limited to, Workers ' Compensation Insurance,
shall be the sole responsibility of Applicant and
Participants and their agents and contractors.
5. Independent Contractor Relationship
Applicant, its. agents , employees and contractors shall
perform all work under this Agreement as independent
contractors and not as affiliates , partners , joint-
venturers, agents, employees, servants or assigns of
6
CCC83-54 . 10
Pacif ic.
6. Warranty
Applicant warrants that all work and materials to be
furnished under this Agreement (1) shall conform in all
respects to the requirements of this Agreement , (2) are
adequate for the purposes for which they are intended,
(3) are free from any defects in design, materials,
workmanship and title, and (4) are free of defects
causing caving or sinking of trenches, paving or other
materials, for a period of two (2) years following
acceptance of the Underground Supporting Structure.
Applicant further warrants that all work and materials
shall be performed by qualified personnel promptly and
with diligence, to Pacific' s reasonable satisfaction,
and that work and materials shall be also subject to
all statutory and express or implied warranties. This
warranty shall survive inspection, acceptance and
payment.
7. Confidential Information
In connection with this Agreement, Applicant, its
contractors and/or agents may have access to Pacific' s
outside plant construction and engineering techniques,
customer, business and other information in written,
graphic, oral or other tangible or intangible forms,
including but not limited to specifications, records ,
data , computer programs, drawings, technical
information, reports and internal instructions
(collectively, "Information") owned or controlled by
Pacific. The Information may contain material that is
proprietary or confidential , or material that is
subject to applicable laws regarding secrecy of
communications or trade secrets. Accordingly,
Applicant agrees: (1) that all such Information
acquired by it or its employees, contractors or agents
under this Agreement is and shall remain Pacific' s
exclusive property; and, (2) to inform all of its
employees, contractors and agents who have access to
such Information of its confidential character and of
the existence of applicable laws regarding secrecy of
communications.
8. Termination
In the event of any material default or breach of this
Agreement by Applicant, in addition to all other rights
and remedies which Pacific may have at law or equity,
Pacific shall have the immediate right to terminate
this Agreement by giving thirty (30) days ' prior
written notice of termination. The notice shall
specify the cause of termination and shall give
7
CCC83-54 . 10
Applicant a reasonable opportunity to cure and correct
any such cause. In the event this Agreement is
terminated or suspended as provided in this Paragraph
8, Pacific shall not be liable to Applicant or any
other person or entity for any losses , damages or
claims which may arise as a result of termination.
Applicant shall refund to Pacific any costs or expenses
incurred by Pacific prior to the termination of this
Agreement. .
Any termination of this Agreement in whole or in part
shall not release Applicant from any liability or
obligation under this Agreement, whether of indemnity
or otherwise, which may have accrued or which may be
accruing or which arises out of any claim that may have
accrued or may be accruing at the time of termination.
9. Force Majeure
Except for the payment of monies due under this
Agreement, no party shall be deemed in default of this
Agreement to the extent that any delay or failure in
the performance of its obligations results from any
cause beyond its reasonable control and without its
fault or negligence, such as acts of God, acts of civil
or military authority, embargoes , epidemics, war ,
riots, insurrections, fires , explosions, earthquakes,
floods, unusually severe weather conditions, or
strikes. In the event of any such excused delay, the
time for performance shall be extended for a period
equal to the time lost by reason of the delay. If any
excused delay occurs, the party unable to perform shall
give immediate notice to the other party, while
simultaneously seeking, in good faith, to utilize
alternative means of accomplishing the purposes of this
Agreement and preventing delay.
10. Attorneys' Fees
If any action is brought to adjudicate the rights
granted in this Agreement or to enforce any of the
terms of this Agreement, the prevailing party shall be
entitled to an award of reasonable attorneys' fees in
an amount to be determined by a court or a tribunal of
competent jurisdiction.
11. Jurisdiction
This Agreement is subject to the applicable rules,
regulations and tariffs on file with the California
Public Utilities Commission ("Commission") and is also
subject to changes or modification as the Commission
may order.
8
CCC83-54. 10
12. Entire Agreement
This Agreement and the attached Exhibits which are by
this reference incorporated into this Agreement,
constitute the entire Agreement between the parties
concerning to the subject matter. Except as otherwise
provided in this Agreement, all prior agreements,
representations, statements, negotiations and
understandings are superseded .
13. Applicable Law '
This Agreement shall be governed by and construed in
accordance with the laws of the State of California .
14. Notices and Demands
All written notices or demands to be given or made
under this Agreement shall be considered given and
made when deposited in the United States mail , postage
prepaid and addressed as follows, or forwarded to such
other address as either party may direct in writing to
the other party:
To: Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, Ca 94553
Attn: Lowell Tunison
To: PACIFIC BELL
401 Lennon Lane, Room 2081
Walnut Creek, Ca 94598
Attn: George Groess, manager-Engineering-Diablo
15. Executive Orders
As used in the attached Exhibit A ("Executive Orders
and Associated Regulations") , "Contractor" means
Applicant .
(Signature Page at Page 10)
9
CCC83-54. 10
The duly authorized representatives of Contra Costa County
and Pacific have executed this Agreement by affixing their
signatures on the dates indicated below.
COUNTY OF CONTRA COSTA
By:
Title:
Date Signed:
PACIFIC BELL
By:
Title: Engineering Mgr. Diablo
Date Signed:
10
PACIFK BELL-
NEVAd1RBEll..
GA 1501 (7/86)
Pseft Tei i Compwws
EXHIBIT A - EXECUTIVE ORDERS AND ASSOCIATED REGULATIONS
Pacific Bell and Nevada Bell,as common carriers of telecommunications services, (d)Contractors acting in good faith may rely on written representations by their
engage in work as contractors for various departments and agencies of the United subcontractors regarding their status as either a small business concern or a small
States Government.Also,certain facilities may be constructed pursuant to federally business concern owned and controlled by socially and economically disadvan-
assisted construction programs. Because of the forgoing, work under this contract taged individuals.
may be subject to the provisions of certain Executive Orders, federal laws and Small Business and Small Disadvantaged Business Subcontracting Plan
associated regulations. To the extent that such Executive Orders, federal laws and Contractor,unless it is a small business concern,as defined in section 3 of the
associated regulations apply to the work under this contract,and only to that extent, Small Business Act,agrees to adopt and comply with a small business and small
Contractor agrees to comply with the provisions of all such Executive Order$,federal disadvantaged business subcontracting plan,which shall be included in and made
laws and associated regulations,as now in fore or as may be amended in the future, apart of this contract. The
p8 parties incorporate herein by this reference the
including, but not limited to the following: regulations and contract clauses required by 48 C.F.R., Ch. 1,$19.704(4) and
1.EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS 19.708(b)to be made a part of Government contracts and subcontracts.
In accordance with Executive Order 11246,dated September 24,1965,and 41 S.WOMEN-OWNED SMALL BUSINESSES
C.F.R.S60-1.4,the parties incorporate herein by this reference the regulations and As prescribed in 48 C.F.R.,Ch. 1,119.902,the following clause is included in
contract clauses required by those provisions to be made a part of nonexempt solicitations and contracts when the contract amount is expected to be over the
contracts and subcontracts. small purchase threshold,unless(a)the contract is to be performed entirely outside
2.CERTIFICATION OF NONSEGREGATED FACILITIES the United States,its possessions,Puerto Rico,and the Trust Territory of the Pacific
In accordance with Executive Order 11246,dated September 24, 1965,and 41 Islands,or(b)a personal services contract is contemplated:
C.F.R.160-1.8,Contractor certifies that it does not and will not maintain or provide (a)"Women-owned small businesses;'as used in this clause,means businesses
for its employees any facilities segregated on the basis of race,color,religion,sex, that are at least 51 percent owned by women who are United States citizens and
or national origin at any of its establishments,and that it does not and will not permit who also control and operate the business.
its employees to perform their services at any location, under its control,where "Control;' as used in this clause means exercising the power to make policy
such segregated facilities are maintained. The term 'facilities" as used herein decisions.
means wafting rooms,work areas,restaurants and other eating areas,time clocks, "Operate;'as used in the clause,means being actively involved in the day-today
restrooms,wash rooms,locker rooms and other storage or dressing areas,parking management of the business.
lots, drinking fountains, recreation or entertainment areas, transportation, and (b)It is the policy of the United States that women-awned small businesses shall
housing facilities provided for employees, provided that separate or single-user have the maximum practicable opportunity to participate in performing contracts
toilet and necessary changing facilities shall be provided to assure privacy between awarded by any Federal agency.
the sexes.Contractor will obtain similar certifications from proposed subcontractors (c) The Contractor agrees to use its best efforts to give women-owned small
prior to the award of any nonexempt subcontract. businesses the maximum practicable opportunity to participate in the subcontracts
3.CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM it awards to the fullest extent consistent with the efficient performance of its
Contractor certifies that it has developed and is maintaining an Affirmative Action contract.
Planus required by 41 C.F.R.160.1.40. 9.LABOR SURPLUS AREA CONCERNS
4.CERTIFICATION OF FILING As prescribed in 48 C.F.R., Ch. 1,§W.302(axb), the following clauses are
Contractor certifies that it will file annually,on or before the 31st day of March, included:
complete and accurate reports on Standard Form 100(EEO-1)or such forms as (a)Applicability.This clause is applicable if this contract exceeds the appropriate
may be promulgated in its place as required by 41 C.F.R.160-1.7. small purchase limitation in Part 13 of the Federal Acquisition Regulation.
5. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF (b)Policy.It is the policy of the Government to award contracts to concerns that
THE VIETNAM ERA agree to perform substantially in labor surplus areas(LSA's)when this can be done
In accordance with Executive Order 11701, dated January 24, 1973, and 41 consistent with the efficient performance of the contract and at prices no higher
C.F.R.160.250.20,the parties incorporate herein by this reference the regulations than are obtainable elsewhere. The Contractor agrees to use its best efforts to
and contract clauses required by those provisions to be made a part of Government place subcontracts in accordance with this policy.
contracts and subcontracts. (c) Order of Preference. In complying with paragraph (b) above and with
6.AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS paragraph(c)of the clause of this contract entitled Utilization of Small Business
In accordance with Executive Order 11758, dated January 15, 1974, and 41 Concerns and Small Disadvantaged Business Concerns, the Contractor shall
C.F.R.160-741.20,the parties incorporate herein by this reference the regulations observe the following order of preference in awarding subcontracts: (1) small
and contract clauses required by those provisions to be made a part of Government business concerns that are LSA concems,(2)other small business concerns,and
contracts and subcontracts. (3)other LSA concerns.
7. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVAN- (d)Definitions."Labor surplus area;'as used in this clause,means a geographi-
TAGED BUSINESS CONCERNS cal area identified by the Department of Labor in accordance with 20 C.F.R.§654,
48 C.F.R.,Ch. 1,119.704(4)and 19.708(a)require that the following clause is Subpart A,as an area of concentrated unemployment or underemployment or an
included: area of labor surplus.
Utilization of Small Busmw Concerns and Small Disadvantaged Business "Labor surplus area concern:' as used in this clause, means a concern that
Concerns(June, 1985) together with its first-tier subcontractors will perform substantially in labor surplus
(a)It is the policy of the United States that small business concerns and small areas. Performance is substantially in labor surplus areas if the costs incurred
business concerns owned and controlled by socially and economically disadvan- under the contract on account of manufacturing, production, or performance of
raged individuals shall have the maximum practicable opportunity to participate in appropriate services in labor surplus areas exceed 50 percent of the contract price.
performing contracts let by any Federal agency, including contracts and subcon- Labor Surplus Area Subcontracting Program
tracts for subsystems, assemblies, components, and related services for major (a)See the Utilization of Labor Surplus Area Concerns clause of this contract for
systems. It is further the policy of the United States that its prime contractors applicable definitions.
establish procedures to ensure the timely payment of amounts due pursuant to the (b)The Contractor agrees to establish and conduct a program to encourage labor
terms of their subcontracts with small business concerns and small business surplus area(LSA)concerns to compete for subcontracts within their capabilities
concerns owned and controlled by socially and economically disadvantaged indi- when the subcontracts are consistent with the efficient performance of the contract
viduals. at prices no higher than obtainable elsewhere.The Contractor shall—
(b)The Contractor hereby agrees to carry out this policy in the awarding of (1) Designate a liaison officer who will (i) maintain liaison with authorized
subcontracts to the fullest extent consistent with efficient contract performance. representatives of the Government on LSA matters,(ii)supervise compliance with
The Contractor further agrees to cooperate in any studies or surveys as may be the Utilization of Labor Surplus Area Concerns clause, and (iii) administer the
conducted by the United States Small Business Administration or the awarding Contractor's labor surplus area subcontracting program;
agency of the United States as may be necessary to determine the extent of the (2) Provide adequate and time) consideration of the
Contractor's compliance with this clause. Y potentialities of LSA
Pl� concerns in all make-or-buy decisions;
(c)As used in this contract, the term "small business concern" shall mean a (3)Ensure that LSA concerns have an equitable opportunity to compete for
small business as defined pursuant to section 3 of the Small Business Act and subcontracts, particularly by arranging solicitations, time for the preparation of
relevant regulations promulgated pursuant thereto. The term "small business offers, quantities, specifications, and delivery schedules so as to facilitate the
concern owned and controlled by socially and economically disadvantaged individ- participation of LSA concerns;
uals"shall mean a small business concern- (4)Include the Utilization of Labor Surplus Area Concerns clause in subcon-
(1)Which is at least 51 percent owned by one or more socially and economi- tracts that offer substantial LSA subcontracting opportunities;and
tally disadvantaged individuals;or,in the case of any publicly owned business,at (5)Maintain records showing(i)the procedures adopted and(ii)the Contrac-
least 51 percentum of the stock of which is owned by one or more socially and tor's performance,to comply with this clause.The records will be kept available for
economically disadvantaged individuals;and review by the Government until the expiration of 1 year after the award of this
(2)Whose management and daily business operations are controlled by one or contract,or for such longer period as may be required by any other clause of this
more of such individuals• contract or by applicable law or regulations.
The Contractor shall presume that socially and economically disadvantaged (c)The Contractor further agrees to insert in any related subcontract that may
individuals include Black Americans, Hispanic Americans, Native Americans, exceed M,000 and that contains the Utilization of Labor Surplus Area Concerns
Asian-Pacific Americans,Asian-Indian Americans and other minorities,or any other clause,terms that conform substantially to the language of this clause, including
individual found to be disadvantaged by the Administration pursuant to section 8(a) this paragraph(c),and to notify the Contracting Officer of the names of subcontrac-
of the Small Business Act. tors.
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