HomeMy WebLinkAbout20131538.tiffMEMORANDUM
TO: Board of County Commissioners
DATE: July 18, 2013
FROM: Elizabeth Relford, Transportation Planner
SUBJECT: Contract Approval for Centennial
Highway Signs
On June 14, 2013 Weld County Public Works received two bids for CDOT Project STE
C030-050 (18765) for the purchase of ten 9' x 3' marquee signs and fifty 2' x 2'
Centennial Highway logo signs. The CDOT contract for this project is in the amount of
$31,250.
In accordance with local procurement procedures, the Board of County Commissioners
reviewed the bids for fairness and accuracy and recommend awarding low bid to
Concept Signs & Graphics for $16,950. Weld County received concurrence of award
from CDOT on July 8, 2013. Therefore, staff recommends entering into a contract with
Concept Signs & Graphics. The project is anticipated to take a few months. The signs
are intended to be delivered directly to CDOT for installation.
This project is federally funded with Upper Front Range Transportation Planning Region
(UFR TPR) Transportation Enhancement (TE) funds. The matching ratio for the federal
TE funds is 80% at $25,000 to Weld County's 20% local match at $6,250 for a total
project cost of $31,250.
This effort began in December of 2011, when Weld County announced a logo contest for
the Centennial Highway, which was renamed by all the Weld County communities along
the US 85 Corridor. One hundred and five entries were submitted for consideration and
on March 8, 2012 the Highway 85 Coalition selected the following logo:
Weld County is implementing this project on behalf of the Highway 85 Coalition.
Please do not hesitate to contact me if you have any questions about this project.
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BID REQUEST NO. B1300070
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
FOR
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
FEDERAL AID PROJECT NO. STE C030-050, 18765
July 8, 2013
Weld County Public Works
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
TABLE OF CONTENTS
The following provisions take precedence over Specifications or Plans and supplement the 2012 edition of the Colorado Department of
Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control
construction of this project.
WELD COUNTY CONTRACT FORMS:
*Low Bidder must submit these forms prior to Contract Award.
*Notice of Award 3
*Agreement 4-5
*Performance Bond 6-7
*Labor and Materials Payment Bond 8-9
Notice to Proceed 10
Change Order 11
Certificate of Substantial Completion 12
Lien Waiver 13
Final Lien Waiver 14
Notice of Acceptance 15
FHWA Form 1273 16
COLORADO
NOTICE OF AWARD
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
To: Concept Signs & Graphics Date: July 8, 2013
1805 E. Lincoln Avenue #A1
Ft. Collins, CO 80524
Project Description:
The project in general consists of the manufacture of approximately ten (10) 9' x 3' marquee signs and fifty (50) 2' x 2' Centennial
Highway logo signs. This is a Federal -Aid Project administered through CDOT Region 4.
The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions
to Bidders.
You are hereby notified that your Bid has been accepted in the amount of $16,950 or as shown in the Bid Schedule.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond
and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be
entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such
other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 8th day of July , 2013.
Weld County, Ask, eaCo��lorado, Owner
ABy iv& �
Elizabeford, Transportatif 4 Planner
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
el anrce,'G$' (Contractor)
Dated this (6' day of tell-c.(�
BY: /Y" �o�s J� / L
Q"i,/S.-ter Gi4h7
2013
Title: /-.TeSiciebc-71
AGREEMENT
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
THIS AGREEMENT, made this day of ...re-cir 2013, by and between Weld County, Colorado, hereinafter
called "Owner" and
Concept Signs & Graphics doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: MANUFACTURE OF APPROXIMATELY TEN
(10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL HIGHWAY LOGO SIGNS
described in the Invitation for Bids, Bid No. B1300070.
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the
construction and completion of the Project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the
Notice to Proceed and will complete the MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE
SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL HIGHWAY LOGO SIGNS within 365 calendar days unless the
period for completion is extended otherwise by the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms
therein for the sum of $ 16,950 or as shown in the Bid Schedule.
5. The term "Contract Documents" means and includes the following:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Statement of Qualifications and Subcontractors
(F) Required Project Forms
(G) Agreement
(H) Labor and Materials Payment Bond
(I) Performance Bond
(I) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Certificate of Substantial Completion
(N) Lien Waiver
(O) Notice of Acceptance
(P) Contract, Specifications, and Drawings issued by the Weld County Public Works Department.
(Q) Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction"
(R) Colorado Department of Transportation Standard Plans "M & S Standards"
6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or
otherwise agreed upon in writing.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this
Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional
compensable work to be performed, which work causes the aggregate amount payable under the Contract to
exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner
assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been
made or unless such work is covered under a remedy -granting provision contained in the Contract.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,
this Agreement in two (2) copies each of which shall be deemed an original on the date first above written.
ORDERED BY:
ACCEP 1ED BY:
THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR
NAME
William F. Garcia
TITLE
Date
Chair
(SEAL)
ATTEST:
JUL 222013
Weld County Clerk to the Board
BY
NAME /4/6 SirerLtr
TITLE
pc_(Pleas Type)
ADDRESS /(J .C-1) ‘)El G'd/iVA 1/i
(SEAL)
AI LEST:
BY X, mrsinil .3• t=vel-hCtsir
(Please Type)
q TITLE / LD
BONNY J. EVERHART
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124056654
MY COMMISSION EXPIRES AUGUST 29, 2016
ow3 1538
PERFORMANCE BOND
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
KNOW ALL MEN BY THE PRESENTS; that
EVERSIGN LLC DBA CONCEPT SIGNS AND GRAPHICS
(Name of Contractor)
1805 E LINCOLN AVE Al FORT COLLINS CO 80524
(Address of Contractor)
nor poi ' ' 71 oil (z G C) _, hereinafter called Contractor, and a
(Corporation, PIrtnership, or Individual)
WESTERN SURETY COMPANY
(Name of Surety)
PO BOX 5077 SIOUX FALLS SD 57117-5077
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of SIXTEEN THOUSAND NINE FINI s, ($ 1 6 , 9 50 ), in lawful
money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated
the 1 7 day of JULY , 2013, a copy of which is hereto attached and made a part hereof for the construction of:
MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL
HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. B 1300070.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms,
conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good
any default, then this obligation shall be void; otherwise to remain in force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the
same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
-6-
PERFORMANCE BOND
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of
which shall be deemed an original, this 1 7th day of July , 2013.
� enn Pt S hs rw
/ Contractor
te,//e5Ne
(SEAL)
(WimesE as tContractor) (Address)
l �d� tiAc nrA Ate.4,4)
(Address)
c4- Coitcty, Co- K Say
ATTEST:
(Surety) Secretary
ie
Wit ess as to Surety
(Address)
r•e_e 1,y Co r/76 3/
By
Attorney -in -F
J. !17 4€;iv e r Acie
(Address)
Cd PQS3>
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in the State where the Project is located.
Western Surety Company
PERFORMANCE BOND
Bond Number: 61748166
KNOW ALL PERSONS BY THESE PRESENTS, That we Eversign, LLC dba Concept Signs and
Graphics of
1805 E. Lincoln Ave., Al, Fort Collins, CO 80524
referred to as the Principal, and
Western Surety Company
, hereinafter
as Surety, are held and firmly bound unto County of Weld
Of 1111 H Street, Greeley, CO 80632
, hereinafter
referred to as the Obligee, in the sum of Sixteen Thousand Nine Hundred Fifty and 00/100
Dollars ($ 16, 950.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the 15th day of July
2013 ,forMannfacturing of Centennial Highway Signs
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction
in the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this 17th day of - July
Form F4597
2013
Eversign, LLC dba Concept Signs and
Graphics
Western Surety Company
(Surety)
By
DUANE E A
(Seal)
BRECHT JR Attorney -in -Fact
STATE OF
COUNTY OF
Colorado
Larimer
SS
ACKNOWLEDGMENT OF SURETY
(Attorney -in -Fact)
Bond No. 61748166
On this day of , before me, a notary public in
and for said County, personally appeared DUANE E ALBRECHT JR
to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said DUANE E ALBRECHT JR
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Loveland Colorado the day and year last above written.
My commission expires
Form 106-4-2000
Notary Public
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 61748166
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint DUANE E ALBRECHT JR
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Eversign, LLC dba Concept Signs and Graphics
Obligee: County o£ Weld
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unlessused before midnight of
2 014 , but until such time shall be irrevocable and in full force and effect.
January 15
In Witness Whereof, Western Surety Company has caused thesepresents to be signed by its Vice President, Paul T. Bruflat, and its
corporate sr. elite affixed this 17th day of July 2013
WEST: Rh SURE COMPANY
Paul T.$ruflat, Vice President
�F OUTI€ I 9P9 )
ss
COUN1`'yfl''$mr.N cT#Ta Hd
:._ n3llEYa. +P
ST
On this 17th day of July , in the year 2013 before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deep£ said coo at}on
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S. PETRIK
NOTARY PUBLIC
'si'L/VJSOUTH DAKOTA
a
a
8
otary Public - South Dakota
My Commission Expires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 17th day of
July , 2013
WEST`RH SURET..,Y COMPANY
Paul T. uflat, Vice President
Form F5306-8-2012
LABOR & MATERIALS PAYMENT BOND
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
KNOW ALL MEN BY THE PRESENTS; that
EVERSIGN, LLC DBA CONCEPT SIGNS AND GRAPHICS
(Name of Contractor)
1805 E LINCOLN AVE FORT COLLINS CO 80524
(Address of Contractor)
hereinafter called Contractor, and a
(Corporation, Partnership, or Individual)
WESTERN SURETY COMPANY
(Name of Surety)
PO BOX 5077 SIOUX FALLS SD 57117-5077
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758. 1111 H Street, Greeley. Colorado 80632
(Address of Owner)
hereinafter called Owner, inthe penal sum of
SIXTEEN THOUSAND NINE HUNDRED FIFTY" lacpollars, ($ 1 t;, q 50 _on ),
in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves,
successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner,
dated the 1 5th day of July 2013,
a copy of which is hereto attached and made a part hereof for the construction of:
MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL
HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. B 1300070.
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing
materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor,
performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the
same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the. Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
-8-
LABOR & MATERIALS PAYMENT BOND
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original,
this 1 7th day of July , 2013.
(SEAL)
(Contr ctor) ecretary
(Witne as to Contractor)
1 g05 . 1_i /wear\ AuC
(Address)
1O,v V C.o it ��� Co 805 cg
ATTEST:
(Surety) Secretary
Witness as to Surety
v S /1-
frr Z� �c►
(Address)
Ca. '' i3/
/yips 9 (5--.4-72/r1/rS
Contractor
/11-e4 .\
By
96jw 0 stry
(Address)
v C d. '5'0131
cas cOe4a.Ue.
(Address)
1,-.-o,)< l Cc, ?0.37
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in the State where the Project is located.
-9-
Western Surety Company
PAYMENT BOND
Bond Number: 61748166
KNOW ALL PERSONS BY THESE PRESENTS, That we Eversion, LLC dba Concept Sians and
Graphics
1805 E. Lincoln Ave., Al, Fort Collins, CO 80524
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto County
of 1111 H Street, Greeley, CO 80632 , hereinafter
referred to as the Obligee, in the sum of Sixteen Thousand Nine Hundred Fifty and 00/100
Dollars ($16, 950 . 00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
of
, hereinafter
of Weld
WHEREAS, Principal has entered into a contract with Obligee, dated 15th day of July
2013 for Manufacturing of Centennial Highway Signs
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this 17th day of
July 2013
Eversign, LLC dba Concept Signs and
Graphics
By % ✓ pal)
/-Lin� (Seal)
Western Surety Company
(Surety)
By 7 /�` � ' // (Seal)
DUANE E ALBRECHT Attorney -in -Fact
NOTICE TO PROCEED
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
To: Concept Signs & Graphics Date: July 8, 2013
1805 E. Lincoln Avenue #A1
Ft. Collins, CO 80524
Name of Project: MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2'
CENTENNIAL HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. B1300070.
You are hereby notified to commence Work in accordance with the Agreement dated July 8, 2013. The Contract Time allowed in
the Agreement is 365 calendar days. The substantial completion date for all Work is therefore July 8, 2014.
Weld County, Colorado, Owner
By:
Elizabeth Relford, Transportation Planner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Dated this /a day of 564. 2013.
Title % /'9Vei' A
- 10 -
CHANGE ORDER NO. (EXAMPLE)
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
Date:
Project: MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL
HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. B 1300070.
Owner: Weld County. Colorado
Contractor:
The following change is hereby made to the Contract Documents:
CHANGE TO CONTRACT PRICE:
Original Contract Price:
Current Contract Price adjusted by previous Change Order:
The Contract Price due to this Change Order will be increased by:
The new Contract Price, including this Change Order, will be:
CHANGE TO CONTRACT TIME:
The Contract Time will be increased by calendar days.
The date for completion of all Work will be:
RECOMMENDED:
Owner Representative: Date:
Sean P. Conway (Chair)
Engineer: Date:
APPROVALS:
Contractor: Date:
Owner: Date: .._
CDOT Representative: Date:
- 11 -
CERTIFICATE OF SUBSTANTIAL COMPLETION
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
Owner's Project No:
Engineer's Project No:
Project: MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL
HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. B1300070.
Contractor
Contract For Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts
thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and
that Work is hereby declared to be substantially complete in accordance with the Contract Documents on
Date of Substantial Completion
A list of items to be completed or corrected may be attached hereto. This list may not be all-inclusive, and the failure to include an item
in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items
in the list shall be completed or corrected by the Contractor within 5 days of the above date of Substantial Completion. During
completion of the punchlist work items, the Contractor will be responsible for the traffic control costs.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner: Date:
Engineer: Date:
Contractor: Date:
- 12 -
LIEN WAIVER (GENERAL CONTRACTOR)
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
TO: Weld County Public Works
Attn: Elizabeth Relford, Transportation Planner
P.O. Box 758
Greeley, Colorado 80632
To Whom It May Concern:
For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is
hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all
rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon
the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as:
Project: MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL
HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. B1300070.
Contractor:
(If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of
the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the
performance of the Work for which consideration has been received.)
In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material
suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made.
We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents
or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld
County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims.
By:
Title: tC S)d'ect
Date: 2
STATE OF( )ksc ,,,l C)
) ss.
COUNTY OF k --)13E-.. d
j''ItBONNY J. EVERHART
NOTARY PUBLIC
a4 STATE OF COLORADO
.r"
NOTARY ID 20124056654
MY COMMISSION EXPIRES AUGUST 29, 2016
The foregoing instrument was acknowledged before me this
of ) u.\\,s 2013 by Gonnti . Er1/4.1erING,r-
My commission expires:
A v Ju-Ik 3q kk o�O(CP Notary Public (�dvvy
day
-13-
FINAL LIEN WAIVER (SUBCONTRACTORS)
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
To All Whom It may Concern:
WHEREAS, the undersigned has been employed by (A)
to fumish labor and materials for (B)
work,
under a contract (C)
for the improvement of the premises described as (D)
County of State of
of which
is the Owner.
NOW, THEREFORE, this
day of 2013,
for and in consideration of the sum of (E)
Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby
waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements
thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material,
fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described
premises by virtue of said contract.
(F) (SEAL)
(Name of sole ownership, corporation or partnership)
(Affix Corporate seal here)
(SEAL)
(Signature of Authorized Representative)
Title:
INSTRUCTIONS FOR FINAL WAIVER
(A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
(B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
(C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of
work.
(D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from
any other property.
(E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted.
(F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should
be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as
partner.
- 14 -
NOTICE OF ACCEPTANCE
MANUFACTURING OF CENTENNIAL HIGHWAY SIGNS
To: Concept Signs & Graphics Date:
1805 E. Lincoln Avenue #A1
Ft. Collins, CO 80524
RE: MANUFACTURE OF APPROXIMATELY TEN (10) 9' X 3' MARQUEE SIGNS AND FIFTY (50) 2' X 2' CENTENNIAL
HIGHWAY LOGO SIGNS described in the Invitation for Bids, Bid No. BI300070.
This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract documents and
is hereby accepted. Final payment will be made on or about
Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this
Project. Such guarantee shall begin on the date of this acceptance.
Weld County, Colorado, Owner
By:
Elizabeth Relford, Transportation Planner
-15-
36. EXHIBIT I - FEDERAL -AID CONTRACT PROVISIONS
FHWA-1273 Electronic version — March 10, 1994
FHWA Form 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General 1
II. Nonoiscnmination 1
Ill. Non -segregated Facilities 3
IV. Payment of Predetermined Minimum Wage 3
V.Statements and Payrolls 6
VI. Record of Materials, Supplies, and Labor 6
VII. Subletting or Assigning the Contract 7
VIII. Safety: Accident Prevention 7
IX. False Statements Concerning Highway Projects 7
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 shalt 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 superintendence 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
Agreement. 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.
6. Selection of Labor: During the performance of this Agreement.
the contractor shall not:
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 ail Federal -aid construction contracts and to all related
subcontracts of $10,000 or more.)
1, Equal Employment Opportunity: Equal employment opportunity
(EEO) requirements not to discriminate and to take affirmative action to
assure equal opportunity as set forth under laws, executive 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 contractors project
activities under this Agreement 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 g(
seq.) set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by
reference in this Agreement. In the execution of this Agreement, 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 hisr'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, pre -apprenticeship,
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 contractors 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 metthe 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 contractor'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 contractors 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
Page 1 of 8
REQUIRED BY 23 CFR 633.102 —
Opportunity Employer? AU 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
oroup 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 implementations of such agreements have the effect of
discriminating against minorities or women, or obligates the convector to
do the same, such implementation 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 employee
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 deoth 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 Agreement, will attempt to resolve such complaints, and will
take appropriate corrective action within a. reasonable 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 apprenticeship or training. In the event a
special provision for training is provided under this Agreement, 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 requirements
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
Page 2
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 teases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this Agreement.
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
Agreement. 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 subcontractor
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 shalt be retained for a period or three years following completion
of the contract work arid shall be available at reasonable 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
of 8
REQUIRED BY 23 CFR 633.102 --
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 Agreement or
subcontract. or the consummation of this material supply agreement 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 establishments, 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 Agreement. 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, timectocks, 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.
lV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to ail 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)j 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 determi-
nation") 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(bX2)
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 provisions 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 incorporated by
reference in this Agreement.
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. It 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 Standards Administration, Washington, D.C.
20210. The Wage and Hour Administrator, or an authorized representa-
tive, 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 Secretary 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
Page 3 of 8
REQUIRED BY 23 CFR 633.102 --
•
•
1
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 journeyman -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 apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not fess 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 (expressed 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 journeyman -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 wilt 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, evidenced 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 fisted on
the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage
determination for the classification 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 determina-
tion or is approved pursuant to the conformance procedure set forth in
Section N.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 requirements 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 Agreement 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 unfit 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 paragraph 8 above.
Page 4 of 8
REQUIRED BY 23 CFR 633.102 --
1
•
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding 52.000
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 tide fringe benefits or cash equivalent
thereof the types described in Section 1(bX2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. In addition, for Appalachian contracts, the payroll
records shall contain a notation indicating 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)(0) 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 wntten
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. paragraphs 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 029-00543014-1), U.S. Government 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 subcontractor or his/her
agent who pays or supervises the payment of the persons employed
under the contract and snail certify the following:
(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.
Page 5 of 8
1. 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 inspection.
copying, or transcription by authorized representatives of the SHA, the
FHWA, or the DOL, and shall permit such representatives 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 DOE., or all may. atter 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 10 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 51,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of spectfic 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 Agreement.
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. Furnish, 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 percentage if
specified elsewhere in the contract) of the total original contract pnce.
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 organization (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 to work
that requires highly specialized knowledge, abilities. or equipment not
ordinarily available fn 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 furnish (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 requirements.
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 engineering services) as the
SHA contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet. assigned or otherwise
REQUIRED BY 23 CFR 633.102 —
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 Agreement 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 lake any other
needed actions as it determines, or as the SHA contracting 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 properly
in connection with the performance of the work covered by the contract.
2. It is a condition of this Agreement, and shall be made a condition of
each subcontract. which the contractor enters into pursuant to this
Agreement, 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 safely 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 Agreement 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, suppli-
ers, 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
misrepresentation 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 an 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 Stales,
or of any Slate 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 representation.
false report or false claim with respect to the character, qualify. 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
representation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal -aid Roads AG approved
July f, 1916. (39 Slat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5
years orbotk.'
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to ail Federal -aid construction contracts and to all related
subcontracts of $100,000 or more.)
By submission of this bid or the execution of this Agreement, or
subcontract as appropriate, the bidder. Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That arty facility that is or will be utilized in the performance of this
Agreement. 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 Reg., 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 requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(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 disqualify 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 "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 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 'Certification
Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction." provided by the department or agency
Page 6 of 8
REQUIRED BY 23 CFR 633.102 --
tntenng 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 voluntarily
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 no! required to, check the non -procurement
portion of the "Lists of Parties Excluded From Federal Procurement or
Non -procurement Programs" (Non -procurement 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
Government. 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 judgment 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 properly:
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 lb of this
certification: and
d. Have not within a 3 -year period preceding this
application/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 andfor 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 assistance 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 voluntarily
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 Non -procurement 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 OR
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 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
Page 7 of 8
REQUIRED BY 23 CFR 633.102
uny 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.
2. 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 5100.000 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
Page 8 of 8
REQUIRED BY 23 CFR 633.102 --
37. EXHIBIT J - FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to
State and Local Governments (Common Rule)
The "Uniform Administrative Requirements for Agreements 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:
i. the Local Agency/Contractor shall follow applicable procurement procedures, as required by
section 18.36(d);
ii. the Local Agency/Contractor shall request and obtain prior COOT approval of changes to
any subcontracts in the manner, and to the extent required by, applicable provisions of
section 18.30;
iii. the Local Agency/Contractor shall comply with section 18.37 concerning any sub -
Agreements;
iv. 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 sub -Agreement procedures, as
applicable;
v. the Local Agency/Contractor shall incorporate the specific contract provisions described in
18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246
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 the Local Agencys and their contractors or sub -the Local Agencys).
C. Copeland "Anti -Kickback" Act
The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3) (All contracts and sub -Agreements for construction or repair).
D. Davis -Bacon Act
The Davis -Bacon Act (40 U.S.G. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local
Agencys and sub -the Local Agencys when required by Federal Agreement 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. Contract Work Hours and Safety Standards Act
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 the Local Agencys and sub -the Local Agencys in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of mechanics or laborers).
F. Clear Air Act
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
sub -Agreements of amounts in excess of $100,000).
G. Energy Policy and Conservation Act
Page 1 of 3
i _
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).
11. OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
1. Hatch Act
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. Nondiscrimination
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. ADA
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. Uniform Relocation Assistance and Real Property Acquisition Policies Act
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 the
Agreement).
M. Drug -Free Workplace Act
The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
N. Age Discrimination Act of 1975
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
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction
Contracts".
Q. 23 C.F.R. Part 635
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
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.
S. Nondiscrimination Provisions:
S. 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:
i. 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
Page 2 of 3
(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 Agreement.
ii. 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.
iii. 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 Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or national
origin.
iv. 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.
v. Sanctions for Noncompliance.
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine
to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor
under the contract until the Contractor complies, and/or b. Cancellation, termination or
suspension of the contract, in whole or in part.
T. Incorporation of Provisions§22
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.
Page 3 of 3
a
38. EXHIBIT K - SUPPLEMENTAL FEDERAL PROVISIONS
Supplemental Provisions for Contracts, Grants, and Purchase Orders for Federal Funds
received pursuant to the Federal Funding Accountability and Transparency Act (FFATA) of 2006
and 2008. Amendments As of October 1, 2010
The contract, grant, or purchase order to which these Supplemental Provisions are attached has
been funded, in whole or in part, with federal funds. In the event of a conflict between the
provisions of these Supplemental Provisions, the Special Provisions, the contract or any
attachments or exhibits incorporated into and made a part of the contract, the provisions of
these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below
1.1. "Award" means an award of Federal Financial assistance that a non -Federal Entity receives or
administers in the form of:
1.1.1. Grants,
1.1.2. Contracts,
1.1.3. Cooperative agreements (which does not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as
amended (15 U.S.C. 3710a)),
1.1.4. Loans,
1.1.5. Loan Guarantees,
1.1.6. Subsidies,
1.1.7. Insurance,
1.1.8. Food commodities,
1.1.9. Direct appropriations, or
1.1.10. Other financial assistance transactions that authorize the non -Federal Entities'
expenditure of Federal Funds.
Award does not include:
1.1.11. Technical assistance, which provides services in lieu of money;
1.1.12. A transfer of title to Federally -owned property provided in lieu of money, even if the award
is called a grant;
1.1.13. Any classified award; or
1.1.14. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5)
1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must
provide information required for the conduct of business as a recipient.
1.3. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established
and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities.
1.4. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.4.1. A governmental organization, which is a State, local government, or Indian Tribe,
1.4.2. A foreign public entity,
1.4.3. A domestic or foreign non-profit organization,
1.4.4. A domestic or foreign for-profit organization, and
1.4.5. A Federal Agency, but only a subrecipient under an award or subaward to a non -Federal
entity.
1.5. "Subaward" means a legal instrument to provide support for the performance of any portion of the
substantive project or program funded by federal funds to a Prime Recipient that a Prime Recipient
awards to a Subrecipient.
1.6. "Contract" means the contract to which these Supplemental Provisions are attached and includes all
award types in §1.1.
Page 1 of 3
1.7. "Contractor" means the party or parties to the Contract other than the Prime Recipient and includes
a grantee, subgrantee, Subrecipient, or a borrower. For purposes of FFATA reporting, Contractor is
either a Subrecipient or a Vendor under this Contract.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282). Also referred to as the "Transparency Act."
1.9. "Prime Recipient" means a Colorado State Agency or Institution of Higher Education that receives
federal funds directly from a Federal Agency in the form of an award in §1.1.
1.10. "Subrecipient" means a non -Federal Entity receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the federal funds were awarded.
A Subrecipient is subject to the terms and conditions of the Federal award to the Prime Recipient,
including program compliance requirements. The term "Subrecipient" includes and may be referred to
as Subgrantee.
1.11. "Supplemental Provisions" means these Supplemental Provisions for Contracts, Grants, and
Purchase Orders using Federal funds except those funds provided under the American Recovery and
Reinvestment Act of 2009, as may be revised pursuant to ongoing guidance from the relevant Federal
or State of Colorado Agency or Institution of Higher Education.
1.12. "Total Compensation" means the cash and noncash dollar value earned by the executive during the
Prime Recipient's or Subrecipient's preceding fiscal year and includes the following
1.12.1. Salary and bonus,
1.12.2. Awards of stock, stock options, and stock appreciation rights. This amount shall equal
the dollar amount recognized for financial statement reporting purposes with respect to
the fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005) (FAS 123R), Shared Based Payments,
1.12.3. Earnings for services under non -equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives and are available generally to all salaried employees,
1.12.4. Change in pension value, this amount shall equal the change in present value of defined
benefit and actuarial pension plans,
1.12.5. Above -market earnings on deferred compensation which is not tax -qualified, and
1.12.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the executive exceeds $10,000.
"Vendor" means a dealer, distributor, merchant or other seller providing goods or services required
for a project or program funded by Federal funds. A Vendor is not subject to all the terms and
conditions of the Federal award, and all program compliance requirements do not pass through to a
Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparence Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of Colorado
may provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements.
3.1. CCR - Contractor shall maintain the currency of its information in the CCR until the Contractor
submits the final financial report required under this award or receives final payment,
whichever is later. Contractor shall review and update the CCR information at least annually
after the initial registration, and more frequently if required by changes in its information
3.2. DUNS -- Contractor shall provide its DUNS number to its Prime Recipient, and shall update its
information in Dun & Bradstreet at least annually after the initial registration, and more
frequently if required by changes in its information.
4. Total Compensation — Contractor shall include total compensation in CCR for each of its five most highly
compensated executives for the preceding completed fiscal year if:
Page 2 of 3
4.1. the total Federal funding authorized to date under this award is $25,000 or more, and
4.2. in the preceding fiscal year, Contractor received:
4.2.1. 80 percent or more of its annual gross revenues from Federal procurement contracts
and subcontracts and Federal financial assistance subject to the Transparency Act,
and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts
and subcontracts and Federal financial assistance subject to the Transparency Act,
and
4.3. the public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 780(d) or section 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall include data elements in its CCR and report to its Prime Recipient Entity the
data elements required in §7 if Contractor is a Subrecipient for the award types of grants, contracts, and
cooperative agreements (which does not include cooperative research and development agreements
(CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a). No
direct payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions, as the cost of producing such reports shall be deemed included in the Contract price. The
reporting requirements in §7 are based on guidance from the US Office of Management and Budget (OMB),
and as such are subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Contract and shall become part of Contractor's obligations under this Contract. The
State may provide written notice to Contractor of any such change in accordance with §2 above, but such
notice shall not be a condition precedent to Contractor's duty to comply with revised OMB reporting
requirements. The Colorado Office of the State Controller shall provide summaries of revised OMB reporting
requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm
6. Effective Date and Dollar Threshold for Reporting — The reporting requirements in §7 apply for new
Federal grants, contracts, and cooperative agreements (except CRDA) as of October 1, 2010, if the initial
award is $25,000 or more. If the initial award is below $25,000 but subsequent award modifications result in
a total award of $25,000 or more, the award is subject to the reporting requirements as of the date the
award exceeds $25,000. if the initial award is $25,000 or more, but funding is subsequently de -obligated
such that the total award amount falls below $25,000, the award continues to be subject to the reporting
requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth
below.
7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR:
7.1.1 Subrecipient DUNS Number
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT)
account
7.1.3 Subrecipient Parent DUNS Number
7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District
7.1.5 Subrecipient Officers' Names of top 5 highly compensated officials if the criteria in §4
are met.
7.1.6 Subrecipient Officers' Total Compensation of top 5 highly compensated officials if
criteria in §4 met
7.2 To Prime Contractor. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the contract, the following data elements:
39. 7.2.1 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8. Vendor -- There are no Transparency Act reporting requirements for vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following the notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Contract, at law or in equity.
Page 3of3
Elizabeth Relford
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I was out last week, but I concur with the county's recommended award to Concept Signs & Graphics to purchase the Centennial Highway signs.
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Elizabeth Relford
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Office: [970) 304-6496 Ext 3748
Mobile: [970) 673-5836
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Elizabeth Relford
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Here is a bid to present next Wed. 6/19. Thanks! (Centennial Hwy Signs) Have a
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Elizabeth...I have bid c
Marcia Walters
Weld County Purchasing
1150 "O" Street
Greeley CO 80631
970-356-4000 x4223
970-336-7226 (fax)
MEMORANDUM
TO: Board of County Commissioners
DATE: July 3, 2013
FROM: Elizabeth Relford, Transportation Planner
SUBJECT: Bid Approval for Centennial Highway
Signs — Bid #: B1300070
Bids were received and opened on June 14, 2013 for the purchase of ten 9' x 3'
marquee signs and fifty 2' x 2' Centennial Highway logo signs. Weld County received
two Bids. The first bid was from Altitude Custom Signs for $17,850 and the second bid
was from Concept Signs & Graphics for $16,950, both companies are located in Fort
Collins. I am recommending the low bid from Concept Signs & Graphics be
awarded in the amount of $16,950.
This project is federally funded with Transportation Enhancement funds for the Upper
Front Range Transportation Planning Region (UFR TPR). The matching ratio for the
federal TE funds is 80% at $25,000 to Weld County's 20% local match at $6,250 for a
total project cost of $31,250. The CDOT contract for this project is in the amount of
$31,250.
This effort began in December of 2011, when Weld County announced a logo contest for
the Centennial Highway, which was renamed by all the Weld County communities along
the US 85 Corridor. One hundred and five entries were submitted for consideration and
on March 8, 2012 the Highway 85 Coalition selected the following logo:
Weld County is implementing this project on behalf of the Highway 85 Coalition.
Please do not hesitate to contact me if you have any questions about this project.
070/3- /538
66 oo(&g
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwalters(cilco.weld.co.us
E-mail: reverettaco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: JUNE 14, 2013
REQUEST FOR: CENTENNIAL HIGHWAY SIGNS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61300070
PRESENT DATE: JUNE 19, 2013
APPROVAL DATE: JULY 3, 2013
VENDOR TOTAL COST OF SIGNS
CONCEPT SIGNS & GRAPHICS
1805 E LINCOLN AVE #A1
FT COLLINS CO 80524
ALTITUDE CUSTOM SIGNS
1220 BLUE SPRUCE DR SUITE 2
FT COLLINS CO 80524
$16,950.00
$17,850.00
BIDS ARE BEING REVEIWED AT THIS TIME BY ELIZABETH RELFORD.
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