HomeMy WebLinkAbout20111284.tiffMEMORANDUM
TO: Clerk to the Board DATE: April 2, 2013
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Consent Agenda
RE: Doc #2011-1284, Bid No. B1100037
Change Order No. 1 with Muller Engineering Company, Inc. for the WCR 23/SH 392
intersection design project in the amount of $12,002.00.
The BOCC verbally approved this item at the 4/2/2013 Work Session.
Attached are two, duplicate original Change Order No. 1 documents.
Please return one signed original to the Public Works Department.
M Francie'AgendaMlkeBedell-I dock
6 «< r /)
/O71(03
X2O1/- i2Py
J& CC( el
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Muller Engineering Change Order No.! for WCR 23/SH 392 Intersection Improvements
DEPARTMENT: PUBLIC WORKS DATE: 3/22/13
PERSON REQUESTING: Wayne Howard, P.E. County Engineer
Brief description of the problem/issue:
Muller Engineering received the contract for the design of WCR 23/SH 392 Intersection Project. The original
scope of services, as defined in the Agreement for Professional Services dated August 10, 2011, included a
Section 4(f) research to determine if any potential 4(f) properties may be impacted by our project. ERO
Resources is the sub -consultant that performed this work as a member of Muller's team. Anticipated research
for 4(f) properties in and around the site included the existing irrigation ditches as the project did not impact any
homes or other structures. The fee for this effort was $800. ERO Resources completed this work per CDOT
requirements and submitted the report to CDOT for review. Normally, this report would be reviewed by the
local CDOT historian, but CDOT Region 4 Historian had retired by the time the finished report was submitted;
therefore, the report was sent to CDOT Headquarters Historian for review and approval. Review by CDOT
Headquarters resulted in the request from CDOT to complete additional 4(f) historic research related to the
connection of the farm fields and farm structures or houses. The cost of this additional effort was estimated to
be $12,002.00 which will require a change order to the original contract.
What options exist for the Board:
Muller's contract for design is $330,100. This Change Order will increase that amount to $342,102. Weld
County received a grant for $400,000 for the design; therefore, the grant has sufficient funds to cover this
change order. Weld County's share of the match for this change order is 20% or $2,400.
The Board can choose to sign or not to sign the attached Change Order No.1. The project cannot proceed
without completion of the required environmental clearances. After the additional work is completed and
submitted to CDOT, a final report will be submitted by CDOT to the State Historic Preservation Office.
Recommendation to the Board:
Public Works recommends approval of Muller Engineering Change Order No.l.
William F. Garcia, Chair
Douglas Rademacher
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
Approve Schedule
Recommendation Work Session
Comments
P -v (Lc,CC
Attachments: Muller Engineering proposed Change Order No. I.
Agreements checklist for WCR 23/SH 392 Intersection Improvements.
Project Manager:
County Engineer.
APPROVALS:
Consultant:
Owner. (/
CHANGE ORDER NO.1
Date: February 13.2013
Project: WCR 23/SH 392 INTERSECTION DESIGN SERVICES
Owner: Weld Cowry. Colorado
Consultant Muller 6ngmeering Cc1prinyjnc.
The following change is hereby made to the Contract Documents: The original scope of services related to the
Agreement for Professional Services dated August 10, 2011 included the work nuns necessary to complete
environmental services typically required for this project Recent direction from CDOT has resulted in the need to
complete additional environmental services related to historic farming complexes on which right-of-way and easement
acquisition are proposed. Details of the scope of services are described in the attached documents provided by the
consultant
• Scope of Work prepared by ERO Resources Corporation
• Fee Estimate and Hours Breakdown prepared by ERO Resources Corporation
CHANGE TO CONTRACT PRICE:
Original Contract Price 5330 100.00
Current Contract Price adjusted by previous Change Order. 5330.100.00
The Contract Price due to this Change Order will be increased by: $12.002.00
The new Contract Price. Including this Change Order, will be: 5342.102.00
CHANGE TO CONTRACT TIME:
The Contract Time will be incensed by N/A months.
The anticipated date for completion of all Work will be: December 31.2013
RECOMMENDED M
William F. Garcia (BOCC Chair)
Date: 7-`13(rs
Datte: 4/0)/3
Date: 2/ 13/13 —
APR 082013
Date:.
,_9t//- 72 7
m
m
E °
In 2
u
a a
0 ^
S
O -r
Cl 2
• ce
ce
W • i
Cost
CO
CO
r
1A
mN
OI
Ma
el
69
0
0
M
COO
t0
r
y
0
0
00r
6.
43
H
MNN
to
r
H
Q
con
O
O
N
a
N
O
Ni-
00
moo
N
M
in
0
pI
N
O
Draft & Final
Reports
CO
50
Q
00
0r.
aN
0
0
EA
0
0
g
PI
Fieldwork &
Resource Doc
O
Q
$3,400 j
$3,400
H
Archival
Research
m
0
00
000
'
CO
N
Coordination
Q
O
000
PI
IA
200
e9
O
0
O
t7
N
N
A
IS
O
Y
SO
T
L
J
0
X
$134.00
O
wi
In
r $82.00
O
O
co
s
Rate
0
M
�
fA
$0.30
O
O
ea
$75.00
Labor
C
C
a. `
'Archeologist
Graphics/GIS/CADD Specialist
�p Wm
N
5
"Labor Subtotal 1
Expenses
co
2
'Photocopy (B&W)
0
O
U
T
a
O
O
`a
W
N
a°
GPS Unit (daily)
'Expense Subtotal
Total Estimate
ERQ
ERO Resources Corp.
January 30, 2013
Robert Feams
Muller Engineering Company
777 S. Wadsworth Blvd.
Lakewood, CO 80226
RE: Weld County Road 23 and State Highway 392 Intersection Improvement Project
Dear Bob:
In April 2012, Muller Engineering Company (hereinafter referred to as Client)
contracted with ERO Resources Corporation (ERO) to conduct a cultural resources
survey of the area of potential effect (APE) associated with the improvements to the
intersection of Weld County Road 23 (WCR 23) and State Highway 392 (SH 392)
(project). The APE encompassed the footprint of all of the proposed activities
associated with this project. After review of our cultural resource survey results by the
Colorado Department of Transportation (CDOT) Senior Staff Historian, it was
determined that the potentially historic farm complexes surrounding the original APE
would also need to be evaluated for their eligibility for listing on the National Register
of Historic Places. While none of the structures associated with the farm complexes are
within the original APE, right-of-way takes, as well as permanent and temporary
easements, on the properties could affect the visual and historic integrity of the historic
farm complex properties. This represents a new approach by CDOT and requires that
the entirety of the historic farm and ranch landscapes be evaluated for significance even
if the affected portion is simply associated agricultural fields.
Denver
1842 Clarkson St
Denver, CO 80218
303.8301188
Boise
3314 Grace St
Boise, ID 83703
208.373 7983
Durango
1015 1 Main Avenue
Durango, CO 81301
970 422 2136
Western Slope
P.O. Box 932
161 South 2n° St.
Hotchkiss, CO 81419
970 872 3020
In order to assess the effects of the current project on the farm complexes, ERO will
conduct baseline documentation and evaluation of the five farm complex properties
with right-of-way takes and permanent or temporary easements associated with the
project. ERO will complete the additional fieldwork and documentation adhering to the
enclosed Scope of Work and deliver draft and final reports to the Client according to the
schedule outlined in the Scope of Work. ERO will complete the cultural resource tasks
on a time -and -materials basis, estimated at a cost of $12,000.
Please do not hesitate to contact me if you have any questions regarding this Scope of
Work. I can be reached via email at jgabriel@eroresources.com or by phone at
303.830.1188.
Sincerely,
Jessica Gabriel
Historical Archaeologist
Consultants in
Natural Resources
and the Environment
www.eroresources.com
SCOPE OF WORK
ERO RESOURCES CORPORATION
CULTURAL RESOURCE SERVICES
Prepared for:
Muller Engineering Company
ERO Resources Corporation (ERO) provides the following Scope of Work and cost
estimate for the Weld County Road 23 and State Highway 392 Intersection Improvement
Project (project) based on coordination with the Senior Staff Historian at the Colorado
Department of Transportation (CDOT). The project area is in Sections 13, 14, and 23 of
Township 6 South, Range 67 West of the 6th Principal Meridian in Weld County,
Colorado (Figure 1). The following tasks will be conducted within an expanded area of
potential effect (APE) defined as the legal boundaries of historic farming complexes on
which right-of-way takes, as well as permanent and temporary easements, are required.
Task 1— File and Literature Review
ERO will expand the previous file search area to include the new APE. Archival sources
will be consulted, including general land office (GLO) records, county assessor records,
cadastral surveys, master plats, and historical records.
Task 2 — Cultural Resource Documentation
This task is limited to recording and documenting the five known historical farm
complexes comprising the APE. Additional pedestrian survey will not be conducted.
Each farm complex will be documented on relevant Colorado Office of Archaeology and
Historic Preservation (OAHP) site forms, photographed using a high -resolution digital
single lens reflex camera, and mapped using a submeter GeoExplorer global positioning
system unit. Each identified complex will be assessed for its eligibility to be listed on the
National Register of Historic Places (NRHP) per 36 CFR 60.4 of the National Historic
Preservation Act of 1966, as amended. Structures and features will be assessed for their
contribution to the overall eligibility of each complex. Modem structures and features
will be included in maps and photographs and discussed in their relation to the historic
resources of the complexes, but will not be recorded in depth.
Task 3 — Report Preparation
ERO will prepare a cultural resource survey report that conforms to OAHP (state) and
Secretary of the Interior Standards for Documentation requirements. ERO will
coordinate with the CDOT Senior Staff Historian prior to submission of the draft report
to ensure the documentation and report meets the agency's expectations and to resolve
eligibility issues. The report will include figures depicting the project area and tables
listing documented cultural resources, their NRHP eligibility, and management
recommendations. Separate appendices will include completed OAHP site forms and
cultural resource site location maps (information exempted from the Freedom of
Information Act and prohibited from disclosure to the public), as well as design plans
provided by the Client.
ERO
frowns
fmpaonon
SCOPE OF WORK
ERO RESOURCES CORPORATION
CULTURAL RESOURCE SERVICES
ERO suggests the following sections for the report to meet federal and state standards:
✓ Abstract Summary of undertaking, cultural resources identified, and their
eligibility for the NRHP
✓ Introduction: Description of the project undertaking and location
✓ Environmental Overview: Description of the project area in relation to the
natural environment
✓ Cultural Context: Summary of the Prehistoric and Historic context of the area
✓ File Search Results: Summary of previous cultural resource inventories and
documented historic properties within the APE, including evaluation of NRHP
status (Task 1)
✓ Methods: Details of the field and laboratory methods used
✓ Results: Description and eligibility recommendation of cultural resources
documented during the project
✓ Project Recommendations: Actions recommended to avoid, minimize, or
mitigate significant cultural properties within the APE
✓ References Cited
ERO assumes that one draft report and up to three final report copies will be submitted to
the Client. A compact disc (CD) will be provided to the Client with a .pdf version of the
report and geographic information system files, if appropriate. ERO also assumes the
Client or lead federal agency will conduct State Historic Preservation Office consultation;
if requested, ERO will assist in this capacity.
Total Cost Estimate for Tasks 1 through 3: $12,000
Schedule: A fieldwork and report schedule that meets the Client's needs will be
negotiated following approval of the cost and Scope of Work. The fieldwork can be
completed within 10 to 15 days after a notice to proceed is received and the file search
(Task 1) has been completed. A draft inventory report can typically be completed within
45 to 60 days following completion of fieldwork. If requested, a letter report
summarizing the documented cultural resources, their eligibility, and a site location map
will be provided within 10 days of completion of fieldwork.
Assumptions
• ERO will contact property owners for permission to access the parcels within the
APE. Work will not be conducted on parcels for which permission to access is
not granted.
• This Scope of Work applies only to the five known farm complexes within the
APE. No new pedestrian survey will be conducted.
2
ERO
Ramos
MEMORANDUM
'119€.
COLORADO
TO: Clerk to the Board DATE: August 3, 2011
FROM: Mike Bedell, Public Works
SUBJECT: Agenda Item
Agreement for Professional Services with Muller Engineering Company, Inc. to design WCR
23/State Highway 392 intersection improvements not to exceed $330,100.00.
Attached are two original Agreements; please return one signed original to Public Works.
Enclosures
M.AFrancieAAgendaMikeBedell.doc
CC I°IT?) ViCo ACC(' (114 2ail -/07Sy
-1l-i I EGooC 1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of 2011 by and between
the County of Weld, State of Colorado, by and on behalf of Public Works Department whose address is 1111 H St.,
P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Muller Engineering
Company, Inc., whose address is 777 S. Wadsworth Boulevard, Suite 4-100, Lakewood, CO 80226-4355,
hereinafter referred to as "Contract Professional."
WITNESSETH:
WHEREAS, County Department is in need of hiring an independent Contract Professional to perform the
following "Professional Services:" The design of WCR 23/SH 392 Intersection Improvements, as detailed in the
Scope of Services attached hereto as ordered by County Department and
WHEREAS, Contract Professional has the time available and is willing to perform the Professional
Services, according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. TERM: The term of this Agreement shall be from date of execution shown above, through and until
completion of the Professional Services as defined in the attached Scope of Work. The term may
be extended by change order to this contract as agreed to by both parties, in writing.
2.
3.
4.
SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to
perform the Professional Services for the compensation provided below and as attached in the
Scope of Work.
COMPENSATION: County Department agrees to pay Contract Professional for all services
performed hereunder as follows: The Professional Services shall be provided at the rates set forth
in the Scope of Work and shall not exceed the maximum compensation of $330,100.00. This fee is
compensation for Professional Services as described in the attached Scope of Work. All
compensation amounts payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available. Any additional services
completed beyond those described in the Scope of Work shall be authorized by the County
Department at a fee negotiated between the County Department and Contract Professional using
the established hourly rates. Invoices will be paid within 60 days of being received and accepted
by the County Department.
INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent
contractor and will not become an employee of County Department, nor is he or she entitled to any
employee benefits from County Department as a result of the execution of this Agreement.
INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify and hold
harmless County Department and CDOT, its officers and employees, against liability for injury or
damage and losses, damages and expenses to the extent caused by any negligent act or omission
by Contract Professional or any person or organization for whom Contract Professional is legally
liable in the performance of services under this Agreement. Contract Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by Contract Professional and shall, without additional compensation,
promptly remedy and correct any negligent errors, omissions, or deficiencies. Contract
Professional shall maintain commercial general liability insurance in the amount of $1,000,000 per
occurrence and errors and omissions insurance in the amount of $1,000,000.
5. NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest
therein or claim there under, without the prior written approval of County Department.
��y� WCR 23 Intersection
Page 1 of 3
6.
7.
ACCESS TO RECORDS: County Department shall have access to Contract Professional's
financial records for the purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit purposes for at
least five years after final payment hereunder.
TERMINATION: Either party may terminate this Agreement at any time by providing the other party
with a 10 -day written notice thereof. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. In the event of termination,
the Contract Professional shall supply the County Department with copies all work products
completed to date, including but not limited to electronic files, reports, computations, etc. All work
products completed on this project shall be owned by the County Department.
8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding
between the parties with respect to the promises and covenants made therein. No modification of
the terms of this Agreement shall be valid unless made in writing and agreed to by both parties.
10. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on
the part of County Department to expend funds not otherwise appropriated in each succeeding
year.
11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities of County Department or its officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a duty of care
with respect to any persons other than County Department and not a party to this Agreement.
12. COUNTY REPRESENTATIVE: County Department will designate, prior to commencement of
work, its project representative ("County Representative") who shall make, within the scope of his
or her authority all necessary and proper decisions with reference to the project.
13. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Contract Professional is required to provide County
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report
may, at the option of the County, suspend the processing of any partial payment request.
14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve Contract Professional of responsibility for the quality or technical accuracy of the work.
County Department's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to County Department under
this Agreement.
15. CDOT REQUIREMENTS: The design work under this contract shall be compatible with the
requirements of a separate contract between the Local Agency and the State (which is
incorporated herein by this reference) for the design of the project. The State is an intended third
party beneficiary of this contract for that purpose. Upon advertisement of the project work for
construction, the Contract Professional shall make available services as requested by the State to
assist the State in the evaluation of construction and the resolution of construction problems that
may arise during the construction of the project. The Contract Professional shall review the
construction contractor's shop drawings for conformance with the contract documents and
compliance with the provisions of the State's publication, "Standard Specifications for Road and
Bridge Construction", in connection with this work.
WCR 23 Intersection
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
2011.
COUNTY DEPARTMENT:
ATTEST:
By:�JL
(Depu Clerk to the B
CONTRACT PROFESSIONAL:
By: "r �l w
lD - day of
COUNTY OF WELD, STATE OF COLORADO,
by and through the Board of County Commissioners
of Weld County
iykrd,0jfiii j i
Barbara Kirkm er, Chair
Date-)/;zi'l
AUG 10 2011
Name: M;(1.4t.L)t c , T)pw13Gr,
Title: iFPjTrsecis&,r'er
SUBSCRIBED AND SWORN to before me this k — day of Ca41.-- 2011.
WITNESS my hand and official seal.
eceA 6/4-7,--,
Notary Public
My commission expires: 2/07/.2-e)/‘.1---•
Attachments: Muller Engineering: Scope of Work Description
Muller Engineering: Rates and Fee Breakdown
Muller Engineering: Preliminary Project Schedule
CDOT Required Contract Attachments (19 pages)
WCR 23 Intersection
Page 3 of 3
aO7i- i?J'y
SCOPE OF WORK
WELD COUNTY ROAD 23/STATE HIGHWAY 392 INTERSECTION
DESIGN
FEDERAL AID PROJECT NO. STU C030-043
CDOT PROJECT NO. SA 18121
JULY 25, 2011
PROJECT DESCRIPTION
Weld County has received federal -aid funds for the design of Weld County Road (WCR 23) and
State Highway (SH 392) Intersection Realignment. Windsor, Severance, and CDOT Region 4 are
also partnering with Weld County on this project. The project is located approximately two miles
east of Windsor, Colorado. The existing intersections of WCR 23 (north/south) and SH 392
(east/west) are offset by a distance of 1,300 feet. This offset results in turning movement issues
and traffic congestion issues. Limited sight distance on the south leg of WCR 23 present additional
safety concerns. The conceptual design prepared by Weld County involves a new alignment for
the north leg of WCR 23 going through farmland, and abandoning the existing north leg. The
widening and addition of turning lanes of both WCR 23 and SH 392 at the new intersection is
proposed.
SCOPE OF WORK
To meet project goals and objectives, and to address the project critical issues, Muller proposes
the following scope of work. All work shall be completed using the latest Weld County, AASHTO
and CDOT design and construction standards or guidelines, practices, and procedures. Reference
to stakeholders in the scope refers to staff members from Windsor and Severance, CDOT and
utility/ditch companies.
All work will be completed by Muller Engineering Company, except as noted.
TASK 1 - DATA COLLECTION
1.1 - Engineering Research
• Conduct a project kick-off site inspection to walk the project area and generate a photo log
of the existing roadways and significant roadside features. Members of the engineer's
design team and County staff will attend. Prepare minutes of this inspection.
• Establish project design criteria.
• Provide a preliminary schedule as an exhibit to the contract.
• Obtain right -of -entry for survey, geotechnical and utility work, if not already in place for
previous County work.
1.2 - Design Surveys and Mapping (Lund Partnership)
Weld County has indicated in the RFP that, "the County has completed a conceptual design
alignment and much of the field surveying of the project area". The scope of additional survey
tasks will include:
• Prepare "Permission to Enter Property" forms. It is assumed that up to approximately six (6)
properties may require permission to enter.
• Horizontal and vertical survey control for the surveying tasks described herein will be based
on the existing Weld County project control network.
July 25, 2011 Page 1
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
• Obtain, by field methods, existing, visible planimetric features and topography at one foot (1')
contour interval as indicated as areas 1 and 2, and 5 on the attached exhibit maps (see Exhibit
A). We do not anticipate any surveying within the travel lanes of SH 392. The two areas to be
surveyed can be further described as follows:
Area 1
Extending the existing survey 800 feet west along SH 392 for a width of 100 feet
north of the center line of SH 392, including utility marks, potholes and test holes.
(not including any areas already surveyed by the County or the travel lanes of SH
392)
Area 2
Extending the existing survey 1000 feet south along Weld County Road 23 for a
width of 100 feet east of the existing survey, including utility marks, potholes and
test holes. (not including any areas already surveyed by the County)
Area 5
Extending the existing survey 400 feet north along Weld County Road 23 for a
width of 50 feet west of the existing survey, including utility marks, potholes and test
holes. (not including any areas already surveyed by the County)
The additional ground survey will be incorporated into the existing Weld County survey in order
to create one overall base map and DTM. The existing Weld County survey will be converted
by the Lund Partnership to Microstation/Inroads format for design purposes.
• Once the utilities have been marked by Diversified Underground, survey the paint mark
locations.
Field personnel of the Lund Partnership are strictly forbidden to enter any manhole or
subsurface access to obtain invert elevations, pipe diameters or direction of flow. Invert
measurements must be obtained from outside of the manhole or inlet.
• At the locations to be determined by the design team, survey approximately thirty (30) utility
potholes within the survey mapping limits. Once the potholes have been excavated, survey
the pothole locations.
• Field survey approximately fifteen (15) geotechnical boreholes once they have been drilled
by Rocksol.
• Field data collection will be done in a TMOSS Microstation InRoads format.
• The results of the field survey will be delivered in Microstation/Inroads.
1.3 — Utility/Ditch Company Research
• Contact the Utility Notification Center of Colorado (UNCC) and request a list of utility
owners registered with UNCC within the project limits.
• Contact utility owners provided by UNCC and inquire whether these entities have utility
facilities within the project corridor. Obtain available utility key maps from utility owners
that reply that they indeed have facilities in the project limits.
• Determine ownership of irrigation facilities impacted by the project and contact owner(s) to
determine requirements of irrigation ditch crossings/modifications required to accommodate
roadway improvements.
• Mark underground utilities in the field. (Diversified Underground).
• Correlate the information from the utility key maps with the visible utility features surveyed
July 25, 2011 Page 2
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
i _
and plot approximate location of existing utility lines on project survey.
• Prepare a "Memorandum of Design — Utilities." It will contain the names of known utilities in
the project area and contacts at the utility companies.
1.4 - Environmental Services
1.4.1 - Noise Study (Deleted from Scope of Work July 25, 2011)
1.4.2 - Initial Site Assessment (ERO Resources)
Consultant will conduct an initial site assessment (ISA) for hazardous materials for the subject
project area. The assessment will generally conform to CDOT Initial Site Assessment
requirements. To complete this task, conduct a visual site inspection of the subject property.
The purpose of the inspection is to document recognized environmental conditions, and
document the general site setting, such as current use(s) of the subject property and adjoining
properties, and general hydrogeologic and topographic features. Provide a general description
of structures and other improvements and identify the following site conditions, if they are
visually or physically observed during the site inspection:
• The quantity, type, and storage system for hazardous substances and petroleum products
in connection with identified uses;
• Tanks, containers, drums, barrels, and other systems used for storing hazardous
substances and petroleum products not connected to identified uses;
• Aboveground and underground storage tanks;
• Pits, ponds, lagoons, and other features potentially used for storage and/or disposal of
hazardous substances and petroleum products;
• Odors, pools of liquids, stained soils and pavement, and stressed vegetation;
• Presence of electrical equipment potentially containing polychlorinated biphenyls (PCBs);
and
• Presence of potential lead -based paint and potentially asbestos containing building
materials.
The following issues are specifically excluded from the limited site assessment: radon, and lead
in drinking water.
Conduct a search of records and files from a variety of sources and compile information
pertaining to current and past environmental conditions. This search may include the following
information:
• Topographic, land use, and environmental resource maps
• Aerial photographs
• County and city records
• State and federal databases
Based on the information gathered during the above tasks, ERO will compile the information
and findings in a detailed written report that includes the site description, records review, site
reconnaissance, and conclusions.
1.4.3 - Site Visit for Wetlands and Threatened and Endangered Species (ERO Resources)
• ERO will visit the project area and access the site for natural resources such as
wetlands and potential T&E habitat. If jurisdictional waters of the U.S. are present, Task
1.4.6 will be completed. If jurisdictional waters of the U.S. are not present, Task 1.4.6
will not be necessary.
July 25, 2011 Page 3
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
1.4.4 - Paleontological Resources (ERO Resources)
• ERO will also retain a qualified paleontologist to perform a records search and
pedestrian survey of the project area. The findings will be documented in a report
prepared to CDOT standards.
1.4.5 - 4 (f) Properties (ERO Resources)
• The Department of Transportation Act (DOT Act) of 1966 included a special provision -
Section 4(f) - that stipulated that the Federal Highway Administration (FHWA) and other
DOT agencies cannot approve the use of land from publicly owned parks, recreational
areas, wildlife and waterfowl refuges, or public and private historical sites unless the
certain conditions apply. ERO will determine if 4(f) properties are present in or adjacent
to the project area. If 4(f) properties are present and would be affected by the project,
ERO assumes the effects would be addressed programmatically, and will coordinate
with CDOT and Weld County to document the project would have a "de minimus" effect
on the property.
1.4.6 - Section 404 Authorization (if needed) (ERO Resources)
• If jurisdictional wetlands or other waters would be impacted by the proposed project,
ERO assumes the impacts would meet the requirements of a Nationwide Permit. ERO
will prepare a Preconstruction Notification (PCN) for this project and submit the PCN to
the Corps for their review and written approval. As part of obtaining authorization, ERO
would provide documentation that the project would have no effect on threatened or
endangered species.
The above Scope of Work assumes that:
• This scope of work does not include completing a Modified Environmental Site
Assessment ((M)ESA); S640 evaluation; Wetland Findings; Class III cultural survey;
Noxious Weed Plan; or reports for cultural resources, air quality, noise, or farmland
protection.
• Wetland and other waters impacts from the proposed project meet the requirements of
a Nationwide Permit and a Section 404 Individual Permit is not required.
• ERO will not be required to attend any meetings with CDOT or other agencies.
• Presence/absence surveys for T&E species are not required.
1.5 - Geotechnical Investigation (Rocksol Consulting Group)
• Drill 15 test borings along the proposed roadway alignment on 500 -foot spacing. 7 will be
drilled to an approximate depth of 15 feet below existing grade, and 8 will be drilled to an
approximate depth of 10 feet. Obtain bulk and split barrel samples from the borings at
selected intervals.
• RockSol will obtain CDOT ROW permits for geotechnical drilling and will coordinate utility
locate/clearance for the boreholes.
• Perform laboratory tests on selected samples to determine soil classification, Atterberg
limits, gradation analysis, swell/consolidation, natural moisture content & density, water
soluble sulfates, pH, resistivity, chlorides, standard proctor, and R -value.
• Prepare geotechnical report, including site vicinity plan, discussion of the subsurface
conditions encountered, laboratory test results, slope stability concerns, and
recommendations for asphalt pavement structural section, earthwork and roadway
construction.
• Plot boring locations on plans (Muller)
July 25, 2011 Page 4
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
1.6 - Traffic Data Collection (All Traffic Data Services)
• Conduct AM and PM Turning Movement Counts at both existing WCR 23 and SH 392
intersection locations, including Stagecoach Road. Determine traffic volumes making the
north -south 'Z' movements through the offset intersections.
• Obtain ADT counts on all existing approaches to the existing intersections.
• Determine vehicle classifications on the intersection approaches.
• Collect available existing and projected traffic volume information from the North Front
Range MPO, CDOT and Weld County.
TASK 2 - PRELIMINARY DESIGN
2.1 - Preliminary Roadway Plans
A status set of plans will be kept available to the County for review and submittal to the
appropriate agencies, utility companies, and affected property owners as needed.
• Based on the conceptual design completed by Weld County, establish the proposed
roadway centerline and confirm the turning and auxiliary lane lengths and radius return
geometry required at the new WCR 23 and SH 392 intersection (all four legs).
• Provide preliminary roadway design alignments including cut and fill limits for use in
determining R.O.W./Easement requirements and descriptions.
• Preliminary roadway plans will include: Title Sheet, Standard Plans List, Typical Sections,
Plan & Profile Sheets (1" = 100' at 11" x 17") and cross sections. If required for clarity,
some areas may be shown in larger plan scales.
• Preliminary pavement markings will be shown on the preliminary roadway plans. Signing
and pavement marking plans will not be developed until final design.
• Prepare an opinion of probable construction cost based on the preliminary design plans.
2.2 — Preliminary Traffic Engineering
The realigned intersection at WCR 23 and SH 392 is anticipated to be an unsignalized
intersection. However, as growth continues in the area, the intersection may end up within the
town limits of Windsor or Severance. The geometric design of the intersection will look to the
future possibility of being signalized. Consideration will be given to the large volumes of trucks
in laying out the geometric design of the intersection.
• From data collected in Task 1, determine the projected traffic volumes for the 2035
planning horizon to be used in determining the geometric design of the new intersection.
• Based on data collected in Task 1, determine lengths of acceleration and deceleration
lanes, right and left turn storage, lane tapers and redirect tapers for the new intersection
alignment.
• Conduct a non -signalized intersection capacity analysis.
• Determine intersection radius return geometry and turning island requirements, if any.
2.3 - Preliminary Utility/Irrigation Ditch Coordination
• Send copies of preliminary plans to utility companies to request verification of existing and
proposed utility locations shown on the plans.
• Identify utility conflicts and potential relocations. Also, determine where utilities are in
exclusive easements.
• Meet with irrigation ditch owners to review impacts and plans for accommodating the
irrigation facilities in the design of the new intersection.
July 25, 2011 Page 5
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
• At the start of the Preliminary Design Review meeting, discuss potential conflicts with utility
company representatives to determine how the conflicts should be resolved, and discuss
who is financially responsible for work required to resolve the conflict.
• Based on the results of the Preliminary Design Review meeting, determine utility potholing
locations.
• Conduct non-destructive utility potholing (Diversified Underground).
o This proposal includes budget for 30 non-destructive utility potholes anticipated to be
within outside the limits of existing pavement. Potholing work includes the following:
• Potholing excavation
• Traffic control plans and permit acquisition
• Traffic Control
• Permit fees, if any.
2.4 - Preliminary Drainage & Irrigation Crossing Plans
• Conduct field reconnaissance to verify drainage basin boundaries and inventory existing
culverts.
• Evaluate extension versus replacement of existing cross culverts with reinforced concrete
pipe. Prepare structure cross sections for the crossing culverts.
• Evaluate extension versus replacement of existing irrigation crossing structures.
Coordinate parameters for irrigation structure changes with ditch owners and/or
landowners.
• Determine design discharges in cross drainages according to CDOT Drainage Manual and
Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria
Manuals Volumes 1, 2, and 3 current editions. Analyze existing and proposed cross
culverts to determine required sizes. CDOT criteria will be used for SH 392 and Weld
County criteria will be used for WCR 23.
• Prepare a Preliminary Drainage Report in accordance with the requirements of CDOT and
Weld County criteria as outlined above.
• Prepare preliminary erosion control plans and Stormwater Management Plan (SWMP) for
review at the FIR, in anticipation of a CDPS Permit application.
• Include drainage and irrigation modification items in the opinion of probable cost.
2.5 - Field Inspection Review (FIR)
• Provide the County with fifteen (15) 11"x17" sets of Field Inspection Review plans,
related specifications (CDOT special provisions), and an Engineer's Opinion of Probable
Construction Cost. Provide the County with drawings electronically (PDF format).
• Attend a formal Field Inspection Review (FIR) meeting conducted by the County, and
attended by CDOT staff, project stakeholders (Windsor, Severance) and utility
companies.
• Prepare FIR meeting minutes.
July 25, 2011 Page 6
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
TASK 3 - FINAL DESIGN
Following County review and approval of preliminary plans the following final design work will be
completed.
3.1 - Final Roadway Plans
• Revise preliminary roadway plans based on Preliminary Design Review Meeting
comments.
• Prepare Summary of Approximate Quantities.
• Prepare quantity tabulations for individual items. Anticipated tabulations include
construction surveying, removals/resets/adjust items, earthwork, guardrail, surfacing,
fencing, and others listed in subsequent sections.
• Prepare a tabulation of driveways indicating the limits, grades, surfacing material, and
approximate quantities for each driveway and field approach. Prepare driveway profiles.
• Prepare detail sheets for various miscellaneous project components.
• Prepare specifications and contract documents for bidding purposes. CDOT Standard
Specifications for Road and Bridge Construction, 2011 will be used as a basis for the
specifications.
• Prepare a final opinion of probable construction cost.
• Submit fifteen sets of plans to the County for review. Attend a Final Design Review (i.e.,
F.O.R.) meeting (at a regular progress meeting) with County staff to review the final design
plans.
3.2 - Final Utility/Ditch Coordination
• Revise plans to reflect utility potholing and input from utility owners at the FIR Meeting.
• Prepare Utility `Sign -off Agreements' listing specific utility work elements that the
contractor shall perform, specific utility work elements that the utility owner shall perform,
the duration or expected completion date of the utility work, and advance notification
time requirements.
• Submit the 'Sign -off Agreements' to the utility companies requesting their signature and
return of the letters.
• Prepare a utility specification listing the provisions of the 'Sign -off Agreements'.
• Finalize irrigation ditch modification/relocation plans as agreed to with ditch owners.
Prepare `sign -off agreements.
3.3 — Final Construction Traffic Control Plans
• Prepare a construction traffic control and phasing plan for the project utilizing CDOT M & S
Standards and the Uniform Manual of Traffic Control Devices as a basis for the design.
• For areas to be kept open for local access, prepare traffic control typical sections and
notes.
• Prepare Tabulation of Suggested Traffic Control Devices and Tabulation of Traffic Control
Pay Items.
3.4 - Final Drainage & Irrigation Crossing Plans
• Prepare structure cross sections for irrigation crossings and cross -culverts. Driveway
culverts will be addressed via tabulation or plan notes.
• Prepare required details for irrigation system adjustments
• Prepare tabulation of drainage items and irrigation items.
• Prepare erosion control plans and a Stormwater Management Plan (SWMP) for use as a
guideline for the County forces during construction. Application for CDPS Permit
associated with construction activity will be completed by the County.
July 25, 2011 Page 7
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
• Revise the Preliminary Drainage Report to reflect final drainage design and become the
Final Drainage Report.
3.5 — Final Traffic Engineering - Signing and Pavement Marking Plans
• Determine areas along the project where passing sight distance is provided, for the
purpose of determining passing and no -passing zones.
• Prepare signing and pavement marking plans for the project at 1"=100' (11" x 17" sheets).
Plans will show pavement marking layout for permanent roadway pavement marking,
existing and proposed sign locations, and proposed sign sizes and codes.
• Prepare tabulation of signs and tabulation of pavement markings.
3.6 - Right -of -Way Plans and Descriptions (Weld County)
The County will coordinate the identification and acquisition of rights -of -ways and easements,
and complete the preparation of right-of-way/easement exhibits and plans. The County will
arrange for appraisal services and perform the R.O.W. acquisition process. Support County
Surveyor staff with the following tasks.
• Provide final roadway design alignments including cut and fill limits for use in determining
right-of-way and easement requirements and descriptions.
3.7 — Final Office Review (FOR) and Revisions
• Provide the County with fifteen (15) 11"x17" sets of review plans, related specifications, and
an Engineer's Opinion of Probable Construction Cost. The plans should be approximately
95% complete.
• Provide the County with Final Drawings electronically (PDF format).
• Attend a formal Final Office Review (FOR) meeting conducted by the County, and attended
by CDOT staff, project stakeholders (Windsor, Severance) and utility companies.
• Prepare FOR meeting minutes.
• Incorporate FOR comments into the final set of bid documents, and submit one stamped
and signed set by the Professional Engineer in charge.
TASK 4 - PROJECT COORDINATION
4.1 — Project Administration
• Attend progress meetings once per month with Weld County Public Works Department. A
CDOT representative will be invited to attend. Submit meeting minutes.
• Provide detailed written monthly progress reports throughout the duration of the design.
The progress reports will be part of the billing submitted monthly.
Note: Weld County staff will meet individually with affected property owners to inform them of
the project and to review driveway design and property impacts that will result from the
roadway construction, and then convey these details to the designers. No formal public
meetings are anticipated at this time.
July 25, 2011 Page 8
Scope of Work, Weld County Road 23 and SH 392 Intersection Improvements
TASK 5 — Other Professional Services (OPSI
Provide services if necessary related to currently unforeseen conditions or additional work items,
as directed by Weld County. The extent of such services shall be negotiated and approved prior to
commencing the OPS work.
WORK NOT INCLUDED IN TASKS 1-4
• Environmental services other than those listed in section 1.4 above.
• Land Surveying to locate section corners, existing right-of-way lines, property corners
• Monumentation of right-of-way
• General public meetings
• Public Coordination
• Right -of -Way plans and descriptions
• Right -of -Way Ownership Map(s)
• Control and Monumentation Sheets
• Alternative roadway alignments to avoid historical properties
July 25, 2011 Page 9
PROJECT FEE ESTIMATING SHEET
Project: Weld County Road 23 / SH 392
Client: Weld County
TIME (HOURS)
Task
Description
Principal IX
$154
Quality
Control
Engr
$143
Project
Manager VII
$136
Project
Manager VII
$120
Project
Engineer IV
(Roadway)
$104
Project
Engineer IV
(Drainage)
$104
Design
Engineer It
$90
Design
Engineer I
$82
Designer
$89
CAD Te
III
$78
Task I. Dab Collection
IA Engineering Research
4
12
20
16
1.2 Design Surveys and Mapping (Weld County)
4
8
1.2 Design Surveys and Mapping (Lund Partnership)
1
e
1.3 Utility/Ditch Company Research
8
20
24
12
1.4.1 Noise Study (Deleted from scope of work 7/25/11)
1.4 ,2 ISA (ERO Resources)
1
2
1 d 3 Site Visit, Wetlands and T&E Species (ERO Resources)
14 4 Paleontological Resources (ERO Resources)
14.5 4(f) Properties (ERO Resources)
1
1
14.6 Section 404 Aullwmaton (ERO Resources)
1.5 Geotechnical Investigation (Rocksol Consulting)
1
1.6 Traffic Data Collection (All Traffic Data Services)
Task 3 -Preliminary Design
2.1 Prelim Roadway Plans
4
16
75
240
40
40
120
2.2 Prelim Traffic Engineering
16
40
23 Prelim Utility/Imgation Ditch Coordination
12
14
30
32
24 Prelim Drainage & Irrigation Crossing Plans
8
a
80
80
40
2.5 Field Inspection Review (FIR)
10
20
10
8
Task 3. Mel Design
3.1 Final Roadway Plans
4
16
75
260
24
80
3.2 Final Utililty/Ditch Coord.
16
40
32
8
32
3.3 Final Cons'. Traffic Control Plans
16
12
32
16
36
34 Final Drainage & Irrigation Crossing Plans
8
8
8
48
72
16
44
3.5 Final Signing and Pavement Mating Plans
4
48
20
16
36
3.6 Right -of -Way Plans and Desc. (Weld County)
4
12
4
12
3.7 Fined Office Review (FOR) and Revisions
20
50
20
20
a
Task 4 - Propel Coordlmton
4.1 Project Administration
16
a
106
91
91
Task 5 -Otis Professional Services
5.1 Other Processional Services
Total Hours
Fee, Billing Rate
Total Expenses
28
$4,312
-
48
$6,864
-
40
$5,440
364
$46,592
-
911
$94,744
-
327
$34,008
-
152
$13,680
84
$6,888
-
188
$16,732
-
435
$33,9:
-
Totals
$4,312
$6,864
$5,440
$46,592
$94,744
$34,008
$13,680
$6,888
$16,732
$33,9:
Prepared by..
Clam.
KSFIBJF
RGC
PROPOSAL.' NO.:
DATE:
911.30
7/25/2011
PROPOSED TOTAL FEE 8330,100
Expenses
TOTALS
Subconsultanis
Direct Costs
Lund
Partnership
(DBE(
All Traffic Data
Services
(DBE)
Diversified
Underground
(DBE)
Rocksol
Consulting
Group (DBE)
ERO
Resources
Hankard
Environmental
Travel
Delivery
REPRO
Hours
Labor
Cost
Expenses
+Subs
Grand
Total (Rounded)
$65
54
$6,020
$65
$6,100
12
$1,040
$1,000
$11,500
9
$728
$11$00
$12,200
$2,100
64
$6,140
$2,100
$8,200
$2,600
3
$260
$2,600
$2,900
$500
1
$128
$500
$600
$2,000
$2,000
$2,000
$600
2
$232
$600
$800
$3,500
$3,500
$3,500
$18,971
2
$182
$18,971
$19,200
$2,000
$2,000
$2,000
$100
$300
535
$53,664
$400
$54,100
56
$6,336
$6,300
$10,090
92
$9,208
$10,090
$19,300
$65
216
$20,616
$65
$20,700
50
$5,148
$5,100
$100
$300
459
$47,920
$400
$48,300
132
$12,992
$13,000
112
$11,272
$11,300
204
$19,328
$19,300
124
811,376
$11,400
32
$3,052
$3,100
120
$12,368
$12,400
$750
320
$36,544
$750
$37,300
$10,000
$10,000
4
-
-
$11,500
-
-
$2,000
-
-
$12,190
-
-
$18,971
-
-
$9,200
-
-
-
-
$880
-
-
$200
-
-
$600
2,599
-
-
$274,554
-
-
-
$55,541
-
-
id
$11,500
$2,000
$12,190
$18,971
$9,200
$880
$200
$600
2599
$274,554
$55,541
$330,100
Weld County Road 23 and SH 392 Intersection Improvements
Muller Engineering Company
ID ask Name 2012
�,�@October November December Janua --. - March Aril
7/247/31 8/7 :/148/218/28 9/4 9/119/189/2510/210/9�E O/3®��®
L.
1 Notice to Proceed
2 Task I - Data Collection IFINIIIIIIIIIIIIIIIIIMPI1
._. _._
3 1.1 Engineering Research !call
4 1.2 Design Surveys and Mapping (Weld County) a
5 1.2 Design Surveys and Mapping (Lund Partnership)
6 1.3 Utility/Ditch Company Research M
7 14.1 Noise Study (Hankard Environmental) SIIIIISIGNIMISIII
8 1.4.2 ISA (ERO Resources) MIININNES
9 1.4.3 Site Visit, Wetlands and T&E Species (ERO Resources) SIM
10 1.4.4 Paleontological Resources (ERO Resources) SIIIMIlla
11 1.4.5 4(f) Properties (ERO Resources) _SIII
12 1.4.6 Section 404 Authorization (ERO Resources)
13 1.5 Geotechnical Investigation (Rocksol Consulting)
14
1.6 Traffic Data Collection (All Traffic Data Services) MIME
15 Task 2- Preliminary Design • •
16 2.1 Prelim Roadway Plans .® ,.,. _ 1
1] - _'
2.2 Prelim Traffic Engineering
"--
18 2.3 Prelim Utility/Irrigation Ditch Coordination - -- "_____ ._
— -1-9—
19 2.4 Prelim Drainage & Irrigation Crossing Plans
20 2.5 Field Inspection Review (FIR) fa
21 Task 3- Final Design • •
22 3.1 Final Roadway Plans ----
23 3.2 Final Utililty/Ditch Coord. ---- ---- - -- ----
24 3.3 Final Const. Traffic Control Plans SIIII
26 3.4 Final Drainage & Irrigation Crossing Plans
26 3.5 Final Signing and Pavement Marking Plans Oa
-- -
27 3.6 Right -of -Way Plans and Desc. (Weld County)
28 3.7 Final Office Review (FOR) and Revisions 4
29 Task 4- Project Coordination • •
_ 3_ ._. __..
30 4.1 Project Administration
31 Task 5- Other Professional Services • •
32 5.1 Other Professional Services ---
33 Start ROW Acqusiioin (Weld County) C.
Task ^":^ Critical Task Milestone • Summary -
a
Project: Weld County Road 23 and SH 392 Intersection Improvements
Date: Thu 7/21/11
ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that
other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635)
are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The
requirements of 49 CFR 18 include, without limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section
18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any
subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized
representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with
section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37
subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.360)
(which are also deemed incorporated herein) into any subcontract(s) for such services as terms and
conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41
CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations
(29 CFR Part 3) (All contracts and subgrants for construction or repair).
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29
CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and subgrantees when
required by Federal grant program legislation. This act requires that all laborers and mechanics employed
by contractors or sub -contractors to work on construction projects financed by federal assistance must be
paid wages not less than those established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by
grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve
the employment of mechanics or laborers).
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h),
section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable.
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that
federal funds cannot be used for partisan political purposes of any kind by any person or organization
involved in the administration of federally -assisted programs.
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et.
seq.. These acts require that no person shall, on the grounds of race, color, national origin, age, or
handicap, be excluded from participation in or be subjected to discrimination in any program or activity
funded, in whole or part, by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-
12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law
91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real
property and displacing households or businesses in the performance of this contract.)
M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation,
45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation
45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts".
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The
requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and
made a part hereof.
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of
1973, the Contractor, for itself, its assignees and successors in interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation
relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of
Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference
and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of
the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national
origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment.
The Contractor will 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 C of the
Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including
procurement of materials or 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 ground of
race, color, sex, mental or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the
FHWA as appropriate and shall set forth what efforts have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions
of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or;
2. Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or
instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or
procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event the 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 State to enter
into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter
into such litigation to protect the interests of the United States.
ATTACHMENT LO
Certification for Federal -Aid Contracts
The contractor certifies, by signing this contract, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all
such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
ATTENTION CONSULTANTS - NOTICE
In February, 1999 the U. S. Department of Transportation (USDOT) revised its Title 49, Code of Federal
Regulations, Parts 23 and 26, concerning its continuing requirement that all States implement a Disadvantaged
Business Enterprise (DBE) Program for all federally -funded contracts. That federal requirement applies to all
section 24-30-1401, C.R.S., federally -funded professional services consultant agreements executed by CDOT.
In response to that federal regulation, in June, 2001 the Colorado Transportation Commission adopted
Resolution No. 966. Among other things, Resolution No. 966 established a new DBE goal setting process for
professional services consultant contracts, in order to more narrowly tailor CDOT's DBE program to conform
with the results of the 2000 Statewide Disparity Study. That Disparity Study found that all DBEs will be
considered to be UDBEs.
Accordingly, CDOT will now set individual project goals on consultant contracts for all UDBE professional
services consultants/subconsultants, based upon the type of work included in each project and the availability of
UDBEs capable of performing such work. CDOT will use a consultant's proposed use of UDBE participation in
the project work as an evaluation criterion in the selection of a consultant for the project.
Project specific DBE goals will be set by the appropriate Regional EEO Representative or Headquarters DBE
Program Manager, using a process similar to the one currently used to establish DBE goals for UDBEs on
highway construction projects.
As a result, all CDOT professional services projects advertised after June, 2001 shall contain individual project
UDBE goals conforming to Resolution No. 966, and each selected consultant shall be required by CDOT's
project contract to provide the UDBE participation contained in its proposal. Please refer to the section in the
Statement of Interest package that describes the new DBE goals and requirements.
October 26, 1999
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
1. Definitions and Procedures - For this project, the following terms are defined:
A. Disadvantaged Business Enterprise (UDBE). A small business concern that is certified as being:
1. At least 51 percent owned by one or more socially and economically disadvantaged individuals or,
in the case of any publicly owned business, at least 51 percent of the stock of which is owned by
one or more socially and economically disadvantaged individuals; and
2. Whose management and daily business operations are controlled by one or more of the socially
and economically disadvantaged individuals who own it.
3. "Socially and Economically Disadvantaged individuals" means those individuals who are citizens or
lawfully admitted permanent residents of the United States and who are:
(a) Minorities or individuals found by the Small Business Administration pursuant to Section 8(a) of
the Small Business Act to be disadvantaged.
(b) Individuals found by the Office of Certification at the Department of Regulatory Agencies to be
socially and economically disadvantaged.
B. UDBE Joint Venture. An association of two or more businesses formed to carry out a single business
enterprise for profit for which purposes they combine their property, capital, efforts, skills and
knowledge. UDBE joint ventures must be certified as a joint venture. The UDBE percentage of the
joint venture will be determined at the time of certification.
C. Underutilized UDBE (UDBE). A firm which meets the definition of Underutilized Disadvantaged
Business Enterprise (UDBE) based on the findings and recommendations of CDOT's Disparity Study
concerning consultants on CDOT projects and is eligible to meet the contract goal as defined in the
paragraph titled "Contract Goal." The Colorado Transportation Commission adopted Resolution No.
966 and set a 10.93% overall annual goal for the remainder of FFY 2001 and for FFY 2002.
D. Contract Goal. The goal for UDBE participation that the Department determines should appropriately
be met by the selected consultant, based on the type of work included in each project and the availability
of UDBEs capable of performing such work. The Contract goal will be the percentage stated in the
invitation for consultant services and in the project documents.
E. Certification as a UDBE by the Department
1. Any small business may apply to the Department of Regulatory Agencies (DORA) for status as a
UDBE. Application shall be made on forms provided by the DORA for certification of UDBEs.
However, only work contracted or subcontracted to UDBEs that also qualify as UDBEs and
independently performed by UDBEs shall be considered toward contract goals as established
elsewhere in these specifications.
2. It shall be the UDBE applicant's responsibility to submit applications so that the DORA has sufficient
time to render decisions. The DORA will review applications in a timely manner but is not
committed to render decisions about a firm's UDBE status within any given period of time.
3. The Department will prepare, publish or make available from time to time a list of UDBE contractors,
consultants, vendors and suppliers for the purpose of providing a reference source to assist any
consultant in identifying UDBEs and UDBEs. Consultants will be solely responsible for verifying the
Certification of UDBEs they intend to use prior to submitting a Statement of Interest (SOI.) The
Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible
UDBEs. The UDBE list is also available at: http://www.dot.state.co.us/business/design/consultantmat/
2. Selection of UDBEs by Consultant:
A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any portion of
the work.
3. Requirements
A. The use of UDBEs is an evaluation factor for consultant selection under Section 24-30-1403 (2) CRS.
All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to
meet the contract goal.
B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also
submit the names of those UDBEs. However, the non-UDBEs will not be used to meet the UDBE goal
for the project.
C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring.
A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. If the
consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded
from 0 to 4 points, based on the amount of UDBE participation they submit.
D. The selected consultant must use the UDBE firms named (if any) in the Statement of Interest for the
items of work described. The replacement of a named UDBE firm will be allowed only as provided for in
(6) of the UDBE Definitions and Requirements. Failure to comply may constitute grounds for default
and termination of the Contract.
E. Consultant's UDBE Obligation.
1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects
advertised by the Department agrees to ensure that UDBEs, as defined in this special provision,
have the maximum opportunity to participate in the performance of contracts or subcontracts. The
prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the
selection and bidding process or the performance of contracts.
2. To ensure that UDBEs are offered maximum opportunity to participate in the performance of
contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to UDBEs
related to the UDBE performance of the subcontract. However, the UDBE must independently
perform a commercially useful function on the project, as described in F(4) below.
F. Counting UDBE Participation Toward Goals
1. Once a firm has been certified as a UDBE, the total dollar amount of the contract awarded to the
firm shall be counted toward the contract goal as explained below, and as modified for the project in
the project special provisions titled "Contract Goal."
2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE firm
shall be reported to the Department in the Consultant's Cost Proposal.
3. The eligibility of a proposed UDBE subconsultant will be finally established based on the firm's
status at the time the contract is signed. If a firm becomes certified as a UDBE during performance
under a fully executed contract with CDOT but prior to the UDBE performing any work, then 100%
of the work performed by the firm under that contract may be claimed as eligible work. No work
performed by a UDBE firm can be counted toward UDBE participation prior to the firm receiving
certification as a UDBE.
4. The Consultant may count toward its contract goal only that percentage of expenditures to UDBEs
which independently perform a commercially useful function in the work of a contract. A UDBE is
considered to be performing a commercially useful function by actually performing, managing, and
supervising the work involved. To determine whether a UDBE is performing a commercially useful
function, the Department will evaluate the amount of work subcontracted, work performed solely by
the UDBE, industry practices, and other relevant factors.
5. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE
subcontracts over 51% of the work of the Contract the UDBE shall be presumed not to be
performing a commercially useful function. The UDBE may present evidence to rebut this
presumption to the Department.
6. The Consultant may count toward its contract goal the percentage of expenditures for materials and
supplies obtained from UDBE suppliers (regular dealers) and manufacturers specifically for use on
the project, provided that the UDBEs assume the actual and contractual responsibility for and
actually provide the materials and supplies.
a. The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if the
purchased items are to be used on the project. A UDBE manufacturer is a certified firm that
operates or maintains a factory or establishment that produces on the premises the materials or
supplies obtained by the Consultant.
b. The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not
manufacturers, provided that the UDBE supplier performs a commercially useful function in the
supply process. A supplier is a certified firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials or supplies required for the
performance of the Contract are bought, kept in stock, and regularly sold to the public in the
usual course of business. To be a supplier the firm must engage in, as its principal business
and in its own name, the purchase and sale of the products in question. A supplier in such bulk
items as steel, cement, gravel, stone, and petroleum products need not keep such products in
stock, if it owns or operates distribution equipment. Brokers and packagers shall not be
regarded as manufacturers or suppliers within the meaning of this section.
c. The Consultant may count toward its UDBE goal the following expenditures to UDBE firms that
are not manufacturers or suppliers:
1. The fees or commissions charged for providing a bona fide service, such as professional,
technical, consultant or managerial services and assistance in the procurement of essential
personnel, facilities, equipment, materials or supplies required for performance of the
Contract, provided that the fee or commission is determined by the Department to be
reasonable and not excessive as compared with fees customarily allowed for similar
services.
2. The fees charged for delivery of materials and supplies required to a job site (but not the
cost of the materials and supplies themselves) when the hauler, trucker, or delivery service
is not also the manufacturer of or a supplier of the materials and supplies, provided that the
fee is determined by the Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
3. The fees or commissions charged for providing any bonds or insurance specifically required
for the performance of the Contract, provided that the fee or commission is determined by
the Department to be reasonable and not excessive as compared with fees customarily
allowed for similar services.
4. Determination of goal achievement
To determine the goals achieved under this Contract, the UDBE participation shall be divided by the original
prime Contract amount and multiplied by 100 to determine the percentage of performance. The Consultant
shall maintain records of payment that show amounts paid to all UDBEs and UDBEs. Upon completion of
the project, the Consultant shall submit a list of all UDBEs (both UDBEs and other UDBEs) that
participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. The
Consultant shall certify the amount paid, which may be audited by the Department. When the participation
by UDBEs is less than the Consultant committed to the Department, the Consultant shall submit a statement
to CDOT that indicates the amount of participation and gives reasons why it was different from the
Consultant's commitment.
5. Replacement of UDBEs used to meet the contract goal
A. Based upon a showing of good cause the Consultant may request that a UDBE named in the
Consultant's Statement of Interest be replaced with another UDBE pursuant to the terms and conditions
of this special provision. Replacements will be allowed only with prior written approval of the
Department.
B. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively
prosecute the work under a fully executed subcontract, the Consultant shall furnish to the Department
the following:
1. Written permission of the named UDBE. Written permission may be waived only if such permission
cannot be obtained for reasons beyond the control of the Consultant.
2. A full written disclosure of the circumstances making it impossible for the Consultant to comply with
the condition of award.
3. Documentation of the Consultant's assistance to the UDBE named in the Consultant's Statement of
Interest.
4. Copies of any pertinent correspondence and documented verbal communications between the
Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the results of the
efforts. It is within the control of the Consultant to locate, prior to award, UDBEs that offer
reasonable prices and that could reasonably be expected to perform the work. For this reason,
increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind
replacement.
C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete performance
of the work, the Consultant shall furnish to the Department the following:
1. Documentation that the subject UDBE did not perform in a satisfactory manner.
2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in default.
3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that
it cannot complete the work and it is turning the work back to the Consultant.
4. Copy of the contract between the Consultant and the UDBE, plus any modifications thereto.
6. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with the maximum opportunity to participate
in the performance of the work.
B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent with
the intent of the UDBE program, and in substantial compliance with the terms and conditions of these
UDBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E) of
these UDBE definitions and requirements or operate in a manner which is not consistent with the intent
of the UDBE program may be subject to revocation of certification.
D. A finding by the Department that the Consultant has failed to comply with the terms and conditions of
these UDBE definitions and requirements may constitute sufficient grounds for default and termination
of the Contract.
February 3, 2011
1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall
not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g. the last four digits of the employee's social security
number). Contractors and subcontractors shall maintain the full social security number and current address of
each covered worker, and shall provide them to the SHA upon request.
February 3, 2011
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 Electronic version — March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
6. Selection of Labor: During the performance of this contract,
Page the contractor shall not:
I. General 1
II. Nondiscrimination 1
III. Nonsegrated Facilities 3
IV. Payment of Predetermined Minimum Wage 3
V. Statements and Payrolls 6
VI. Record of Materials, Supplies, and Labor 6
VII. GeneralSubletting or Assigning the Contract 7
VIII. Safety: Accident Prevention 7
IX. False Statements Concerning Highway Projects7
X. Implementation of Clean Air Act and Federal
Water Pollution Control Act 8
XI. Certification Regarding Debarment, Suspension
Ineligibility, and Voluntary Exclusion 8
XII. Certification Regarding Use of Contract Funds for...
Lobbying 9
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may
in turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of
the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of
this contract. Such disputes shall be resolved in accordance with
the procedures of the U.S. Department of Labor (DOL) as set forth
in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the DOL, or the
contractor's employees or their representatives.
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in
Attachment A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
nity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, execu-
tive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41
CFR 60) and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23 U.S.C.
140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract.
The Equal Opportunity Construction Contract Specifications set
forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 et semc.) set forth under
28 CFR 35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees to
comply with the following minimum specific requirement activities
of EEO:
a. The contractor will work with the State highway agency (SHA)
and the Federal Government in carrying out EEO obligations and
in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
color, national origin, age or disability. Such action shall
include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to
the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active contractor program of EEO and who must
be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the contract-
or's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contractor
will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority
group applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such imple-
mentation violates Executive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer
minority group applicants for employment. Information and
procedures with regard to referring minority group applicants will
be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employ-
ee benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimi-
nation. Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plaints, and will take appropriate corrective action within a reason-
able time. If the investigation indicates that the discrimination may
affect persons other than the complainant, such corrective action
shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of
his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or
trainees in each occupation shall be in their first year of appren-
ticeship or training. In the event a special provision for training is
provided under this contract, this subparagraph will be superseded
as indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use his/her best
efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and
to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractor's association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in cooperation
with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with
a reasonable flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The DOL has held
that it shall be no excuse that the union with which the contractor
has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union
referral practice prevents the contractor from meeting the
obligations pursuant to Executive Order 11246, as amended, and
these special provisions, such contractor shall immediately notify
the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction firms
from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reason-
able times and places for inspection by authorized representatives
of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non -minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities for
minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female employees;
and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA each
July for the duration of the project, indicating the number of
minority, women, and non -minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on -the -
job training is being required by special provision, the contractor
will be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agree-
ment or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide
for its employees any segregated facilities at any of its establish-
ments, and that the firm does not permit its employees to perform
their services at any location, under its control, where segregated
facilities are maintained. The firm agrees that a breach of this
certification is a violation of the EEO provisions of this contract.
The firm further certifies that no employee will be denied access to
adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled
parking).
c. The contractor agrees that it has obtained or will obtain identical
certification from proposed subcontractors or material suppliers
prior to award of subcontracts or consummation of material supply
agreements of $10,000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time
of payment. The payment shall be computed at wage rates not
less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics.
The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can
be easily seen by the workers. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40
U.S.C. 276a) on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provi-
sions of Section IV, paragraph 3b, hereof. Also, for the purpose of
this Section, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under
plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of
this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the following
criteria have been met:
(1) the work to be performed by the additional classification
requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Stan-
dards Administration, Washington, D.C. 20210. The Wage and
Hour Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within
30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30 -day period that additional time
is necessary.
d. In the event the contractor or subcontractors, as appropriate,
the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting
officer, to the Wage and Hour Administrator for determination.
Said Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -
day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional
classification from the first day on which work is performed in the
classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or
subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secre-
tary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been
met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations
under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if
a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
(2) The allowable ratio of apprentices to joumeyman-level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any employee listed on
a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than
the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any appren-
tice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed. Where a contractor or subcontractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (ex-
pressed in percentages of the journeyman -level hourly rate)
specified in the contractor's or subcontractor's registered program
shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the joumeyman-level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator for the Wage
and Hour Division determines that a different practice prevails for
the applicable apprentice classification, fringes shall be paid in
accordance with that determination.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the comparable
work performed by regular employees until an acceptable program
is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evi-
denced by formal certification by the DOL, Employment and
Training Administration.
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not regis-
tered and participating in a training plan approved by the Employ-
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica-
tion of work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman -level hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -level wage rate on
the wage determination which provides for less than full fringe
benefits for apprentices, in which case such trainees shall receive
the same fringe benefits as apprentices.
(4) In the event the Employment and Training Administration
withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance proce-
dure set forth in Section IV.2. Any worker listed on a payroll at a
helper wage rate, who is not a helper under a approved definition,
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -
aid highway construction programs are not subject to the require-
ments of paragraph 4 of this Section IV. The straight time hourly
wage rates for apprentices and trainees under such programs will
be established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted by
the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract
or any other Federal contract with the same prime contractor, or
any other Federally -assisted contract subject to Davis -Bacon
prevailing wage requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working
on the site of the work, all or part of the wages required by the
contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate
not less than one -and -one-half times his/her basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory) for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer, mechanic, watchman, or
guard employed in violation of the clause set forth in paragraph 7,
in the sum of $10 for each calendar day on which such employee
was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed
by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para-
graph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at
the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B) of
the Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. In addition, for Appala-
chian contracts, the payroll records shall contain a notation indicat-
ing whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the
Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in Section 1(b)(2)(B) of the
Davis Bacon Act, the contractor and each subcontractor shall
maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, that the plan or program has been communicated in
writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates
prescribed in the applicable programs.
c. Each contractor and subcontractor shall furnish, each week in
which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll submitted
shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V.
This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number 029-
005-0014-1), U.S. Govemment Printing Office, Washington, D.C.
20402. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or subcon-
tractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the follow-
ing:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations,
29 CFR 3;
(3) that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent for
the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject
the contractor to civil or criminal prosecution under 18 U.S.C. 1001
and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such repre-
sentatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the required
records or to make them available, the SHA, the FHWA, the DOL,
or all may, after written notice to the contractor, sponsor, applicant,
or owner, take such actions as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed
on a force account or direct labor basis, highway beautification
contracts, and contracts for which the total final construction cost
for roadway and bridge is less than $1,000,000 (23 CFR 635) the
contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, "Statement of Materials and
Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this
contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47.
c. Fumish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
required in paragraph lb relative to materials and supplies, a final
labor summary of all contract work indicating the total hours
worked and the total amount earned.
2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater percent-
age if specified elsewhere in the contract) of the total original
contract price, excluding any specialty items designated by the
State. Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount
of work required to be performed by the contractor's own organiza-
tion (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited o work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are
to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall fumish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract require-
ments, and is in charge of all construction operations (regardless of
who performs the work) and (b) such other of its own
organizational resources (supervision, management, and engineer-
ing services) as the SHA contracting officer determines is neces-
sary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and
requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the SHA contract-
ing officer may determine, to be reasonably necessary to protect
the life and health of employees on the job and the safety of the
public and to protect property in connection with the performance
of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary
under Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice shall be posted on each Federal -aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false represen-
tation, false report or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre-
sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal -aid Roads Act
approved July 21, 1916, (39 Stat. 355), as amended and supple-
mented;
Shall be fined not more that $10,000 or imprisoned not more than 5
years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500),
Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed, on the date of contract award, on the
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of Violating
Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such require-
ments.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall disquali-
fy such a person from participation in this transaction.
c. The certification in this clause is a material representation of
fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "volun-
tarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or
agency to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifi-
r
cation Regarding Debarment, Suspension, Ineligibility and Volun-
tary Exclusion -Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the nonprocure-
ment portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement
List) which is compiled by the General Services Administration.
I. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
j. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Govemment, the department or agency
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Primary Covered Transactions
1. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal been
convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1b of
this certification; and
d. Have not within a 3 -year period preceding this applica-
tion/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction" "participant," "person,"
"principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assis-
tance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocure-
ment List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
I. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS
FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influenc-
ing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Con-
gress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
u
MEMORANDUM
Date: August 3, 2011
To: Monica Mika, Director of Finance & Administration
From: Michael Bedell, P.E., Senior Engineer
RE: RFP Request No. B1100037
BOCC Approval Date August 10, 2011
The Public Works Department sent out a Request for Proposals for design services for WCR 23/SH 392
Intersection Improvements. Fourteen (14) proposals were received on May 19, 2011.
Four individuals (two from Weld County, one from CDOT, and one from Windsor) reviewed and scored
the proposals following the typical procedures of a qualifications -based selection process. Two
consultants scored the highest and were selected for interviews.
After the interview process, the selection committee agreed to enter into contract negotiations with Muller
Engineering. The Public Works Department and Muller Engineering have arrived at a final scope of work
and fee agreement, and the consultant has signed an Agreement for Professional Services.
It is my recommendation to award the design contract to Muller Engineering for a total amount of
$330,100.00. The Department has not worked with this consultant in the past, but they have completed
similar work for several years in this area, including work on CDOT transportation projects. The total
design budget for this project is $400,000.00 and the County committed cost -share portion is $50,000.00.
ggot4
u
WELD COUNTY PURCHASING
915 10TH St Room #334, Greeley CO 80631
E -Mail: mwalters(c,co.weld.co.us
E-mail: reverettco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
QBS PROPOSAL
DATE OF BID: May 19`h, 2011
REQUEST FOR: WCR 23 & STATE HIGHWAY #392
INTERSECTION DESIGN
DEPARTMENT: Public works
BID NO: #61100037
PRESENT DATE: MAY 23RD, 2011
APPROVAL DATE: DATE UNKNOWN - AFTER SELECTION/QBS PROCESS
VENDORS
HUITT-ZOLLARS INC
4582 SOUTH ULSTER ST STE #240
DENVER CO 80237
KBN ENGINEERS LLC
820 8TH STREET
GREELEY CO 80631
INTERWEST CONSULTING GROUP
1218 WEST ASH ST SUITE #C
WINDSOR CO 80550
COLORADO CIVIL GROUP INC
1413 W 29TH STREET
LOVELAND CO 80538
J -U -B ENGINEERS INC
3538 JFK PARKWAY SUITE #1
FT COLLINS CO 80525
SHORT ELLIOTT HENDRICKSON INC
COLORADO CENTER TOWER ONE
2000 SOUTH COLO BLVD STE #6000
DENVER CO 80222-7938
BOHANNAN HUSTON
MERIDIAN ONE
9785 MAROON CIRCLE SUITE #140
ENGLEWOOD CO 80112
AVI ENGINEERING PC
1103 OLD TOWN LANE SUITE #101
CHEYENNE WY 82009
ATKINS NORTH AMERICAN INC
4601 DTC BLVD SUITE #700
DENVER CO 80237
DREXEL BARRELL & CO
6513 W 4TH STREET
GREELEY CO 80634
FELSBURG HOLT & ULLEVIG
6300 S SYRACUSE WAY STE #600
CENTENNIAL CO 80111
J -R ENGINEERING
7200 S ALTON WAY SUITE #C100
CENTENNIAL CO 80112
AYRES ASSOCIATES
214 W LINCOLNWAY STE #22
CHEYENNE WY 82001
MULLER ENGINEERING CO INC
CONSULTING ENGINEERS
777 S WADSWORTH BLVD 4-100
LAKEWOOD CO 80226
"QBS PROPOSALS ARE BEING REVIEWED AT THIS TIME. AN AWARD WILL BE MADE AFTER THE
SELECTION AND QBS PROCESS IS FINISHED** Ea col,
5/42/6Z0// 2011-1284
Hello