HomeMy WebLinkAbout20131621.tiffMEMORANDUM
TO: Clerk to the Board DATE: July 10, 2013
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: Contract Award for Chair's Signature
Please include this Agreement the July 15, 2013, consent Agenda;
Agreement for WCR 23/SH 392 Intersection Improvements with Mountain Constructors, Inc. in
the amount of $2,452,126.55.
BidNo.a"� I/3 DOW
Doc No. 2013-1621
Please return one signed original agreement to the Public Works Department.
M?Francie\AGENDA memos\Agendal1IkeEedell-1.docx
4 Ale
Os
020/ 3 -/6Al
EGooto$
AGREEMENT
WCR 23/SH 392 INTERSECTION IMPROVEMENTS
THIS AGREEMENT, made this 10th day of July , 2013, by and between Weld County, Colorado, hereinafter called
"Owner" and
Mountain Constructors Inc. 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: WCR 23/SH 392 INTERSECTION
IMPROVEMENTS described in the Invitation for Bids, Bid No. B 1300030.
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 WCR 23/SH 392 INTERSECTION IMPROVEMENTS within 90
WORKING 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 52,452,126.55 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
(J) 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"
(S) Addenda:
No. One , dated June 19 2013.
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:
ACCEPTED BY:
THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTO
BY
NAME _
TITLE Chair
William F. Garcia
Date JUL 1 5 2013
(SEAL)
ATTEST:
BY
akfrta—
Deputy Cler o the Board
Weld County Clerk to the Board
44141
quoc
BY
NAME 3r7C KA! eta
1/t c- (Please Type)
TITLE rJBr-k-h_
I�. D1/4)
ADDRESS 10Oulu TAInu COc+y-tavCTo2�, -1-""
6aa Maur Sty- ee±-
1>latte.v; tie_ to yl3e,5/
(SEAL)
ATTEST:
.�J
BY
TITLE
Ar PXl AS
(Please Type)
e rparcJc eare a y
aor6 _ice/
February 3, 2011
1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall
not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g. the last four digits of the employee's social security
number). Contractors and subcontractors shall maintain the full social security number and current address of
each covered worker, and shall provide them to the SHA upon request.
February 3, 2011
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 Electronic version — March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
6. Selection of Labor: During the performance of this contract,
Page the contractor shall not:
I. General .............
II. Nondiscrimination
III. Nonsegrated Facilities3
IV. Payment of Predetermined Minimum Wage 3
V. Statements and Payrolls6
VI. Record of Materials, Supplies, and Labor. 6
VII. GeneralSubletting or Assigning the Contract7
VIII. Safety: Accident Prevention. 7
IX. False Statements Concerning Highway Projects7
X. Implementation of Clean Air Act and Federal
Water Pollution Control Act8
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
1
1. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may
in turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of
the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of
this contract. Such disputes shall be resolved in accordance with
the procedures of the U.S. Department of Labor (DOL) as set forth
in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the DOL, or the
contractors employees or their representatives.
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in
Attachment A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
nity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, execu-
tive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41
CFR 60) and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23 U.S.C.
140 shall constitute the EEO and specific affirmative action
standards for the contractors project activities under this contract.
The Equal Opportunity Construction Contract Specifications set
forth under 41 CFR 604.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under
28 CFR 35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees to
comply with the following minimum specific requirement activities
of EEO:
a. The contractor will work with the State highway agency (SHA)
and the Federal Govemment in carrying out EEO obligations and
in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
color, national origin, age or disability. Such action shall
include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training."
2. EEO Officer. The contractor will designate and make known to
the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active contractor program of EEO and who must
be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the contract-
or's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractors 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 contractors EEO policy
will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contractor
will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority
group applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such imple-
mentation violates Executive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer
minority group applicants for employment. Information and
procedures with regard to referring minority group applicants will
be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employ-
ee benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimi-
nation. Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plaints, and will take appropriate corrective action within a reason-
able time. If the investigation indicates that the discrimination may
affect persons other than the complainant, such corrective action
shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of
his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or
trainees in each occupation shall be in their first year of appren-
ticeship or training. In the event a special provision for training is
provided under this contract, this subparagraph will be superseded
as indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use his/her best
efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and
to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractors association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in cooperation
with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with
a reasonable flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The DOL has held
that it shall be no excuse that the union with which the contractor
has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union
referral practice prevents the contractor from meeting the
obligations pursuant to Executive Order 11246, as amended, and
these special provisions, such contractor shall immediately notify
the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction firms
from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reason-
able times and places for inspection by authorized representatives
of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non -minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities for
minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female employees;
and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA each
July for the duration of the project, indicating the number of
minority, women, and non -minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on -the -
job training is being required by special provision, the contractor
will be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agree-
ment or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide
for its employees any segregated facilities at any of its establish-
ments, and that the firm does not permit its employees to perform
their services at any location, under its control, where segregated
facilities are maintained. The firm agrees that a breach of this
certification is a violation of the EEO provisions of this contract.
The firm further certifies that no employee will be denied access to
adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled
parking).
c. The contractor agrees that it has obtained or will obtain identical
certification from proposed subcontractors or material suppliers
prior to award of subcontracts or consummation of material supply
agreements of $10,000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time
of payment. The payment shall be computed at wage rates not
less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics.
The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can
be easily seen by the workers. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40
U.S.C. 276a) on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provi-
sions of Section IV, paragraph 3b, hereof. Also, for the purpose of
this Section, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under
plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of
this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the following
criteria have been met:
(1) the work to be performed by the additional classification
requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Stan-
dards Administration, Washington, D.C. 20210. The Wage and
Hour Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within
30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30 -day period that additional time
is necessary.
d. In the event the contractor or subcontractors, as appropriate,
the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting
officer, to the Wage and Hour Administrator for determination.
Said Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -
day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional
classification from the first day on which work is performed in the
classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or
subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secre-
tary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been
met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations
under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and.
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if
a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
(2) The allowable ratio of apprentices to 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 appren-
tice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed. Where a contractor or subcontractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (ex-
pressed in percentages of the journeyman -level hourly rate)
specified in the contractors or subcontractor's registered program
shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the joumeyman-level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator for the Wage
and Hour Division determines that a different practice prevails for
the applicable apprentice classification, fringes shall be paid in
accordance with that determination.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the comparable
work performed by regular employees until an acceptable program
is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evi-
denced by formal certification by the DOL, Employment and
Training Administration.
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not regis-
tered and participating in a training plan approved by the Employ-
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica-
tion of work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman -level hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program
associated with the corresponding joumeyman-level wage rate on
the wage determination which provides for less than full fringe
benefits for apprentices, in which case such trainees shall receive
the same fringe benefits as apprentices.
(4) In the event the Employment and Training Administration
withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance proce-
dure set forth in Section IV.2. Any worker listed on a payroll at a
helper wage rate, who is not a helper under a approved definition,
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -
aid highway construction programs are not subject to the require-
ments of paragraph 4 of this Section IV. The straight time hourly
wage rates for apprentices and trainees under such programs will
be established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted by
the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract
or any other Federal contract with the same prime contractor, or
any other Federally -assisted contract subject to Davis -Bacon
prevailing wage requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working
on the site of the work, all or part of the wages required by the
contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate
not less than one -and -one-half times his/her basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory) for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer, mechanic, watchman, or
guard employed in violation of the clause set forth in paragraph 7,
in the sum of $10 for each calendar day on which such employee
was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed
by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para-
graph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at
the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B) of
the Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. In addition, for Appala-
chian contracts, the payroll records shall contain a notation indicat-
ing whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the
Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in Section 1(b)(2)(B) of the
Davis Bacon Act, the contractor and each subcontractor shall
maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, that the plan or program has been communicated in
writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates
prescribed in the applicable programs.
c. Each contractor and subcontractor shall furnish, each week in
which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll submitted
shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V.
This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number 029-
005-0014-1), U.S. 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 subcon-
tractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the follow-
ing:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations,
29 CFR 3;
(3) that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent for
the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject
the contractor to civil or criminal prosecution under 18 U.S.C. 1001
and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such repre-
sentatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the required
records or to make them available, the SHA, the FHWA, the DOL,
or all may, after written notice to the contractor, sponsor, applicant,
or owner, take such actions as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed
on a force account or direct labor basis, highway beautification
contracts, and contracts for which the total final construction cost
for roadway and bridge is less than $1,000,000 (23 CFR 635) the
contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, "Statement of Materials and
Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this
contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
required in paragraph 1b relative to materials and supplies, a final
labor summary of all contract work indicating the total hours
worked and the total amount earned.
2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater percent-
age if specified elsewhere in the contract) of the total original
contract price, excluding any specialty items designated by the
State. Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount
of work required to be performed by the contractors own organiza-
tion (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are
to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall 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 require-
ments, and is in charge of all construction operations (regardless of
who performs the work) and (b) such other of its own
organizational resources (supervision, management, and engineer-
ing services) as the SHA contracting officer determines is neces-
sary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and
requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the SHA contract-
ing officer may determine, to be reasonably necessary to protect
the life and health of employees on the job and the safety of the
public and to protect property in connection with the performance
of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary
under Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice shall be posted on each Federal -aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
'Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false represen-
tation, false report or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre-
sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal -aid Roads Act
approved July 21, 1916, (39 Stat. 355), as amended and supple-
mented;
Shall be fined not more that $10,000 or imprisoned not more than 5
years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 et kg., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et sec ., as amended by Pub.L. 92-500),
Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed, on the date of contract award, on the
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of Violating
Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such require-
ments.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall disquali-
fy such a person from participation in this transaction.
c. The certification in this clause is a material representation of
fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal Govemment, the department or agency
may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction,""participant," "person,"
"primary covered transaction," "principal," "proposal," and "volun-
tarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or
agency to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifi-
cation Regarding Debarment, Suspension, Ineligibility and Volun-
tary Exclusion -Lower Tier Covered Transaction,' provided by the
department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the nonprocure-
ment portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement
List) which is compiled by the General Services Administration.
I. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
j. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal 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 judgement rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of
this certification; and
d. Have not within a 3 -year period preceding this applica-
tion/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant," 'person,'
"principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assis-
tance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocure-
ment List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
I. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS
FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influenc-
ing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Con-
gress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
MEMORANDUM
Date: July 8, 2013
To: Trevor Jiricek, Director of General Services
From: Michael Bedell, P.E., Senior Engineer
RE: Bid Request No. 81300030
BOCC Approval Date July 10, 2013
Bids were received and opened on June 25, 2013 for contracted construction of WCR 23/SH 392
Intersection Improvements Project. Four bids were received ranging from $2,452,126.55 to
$2,912,635.45 with the lowest bid submitted by Mountain Constructors Inc. from Platteville, Colorado.
The submitted bids have been reviewed for errors and completeness. I identified some minor math errors
that three bidders made on their written bid schedules, but these math errors did not change the ranking of
the bidders or the amount of the lowest bid submitted. No other errors or discrepancies were apparent.
Attached is the bid tabulation for your information.
This project has a total project budget of $3.6 million of which Weld County is responsible for
approximately 20%. The total project budget was established as a result of a partnership between CDOT,
Town of Windsor, Town of Severance, and Weld County. The total project budget is sufficient to cover
this construction contract award. CDOT Contracts Branch has reviewed all the bid documents and has
given their concurrence for this contract award (see attached).
It is my recommendation to award the construction contract to Mountain Constructors Inc. for a total
amount of $2,452,126.55. This contractor has completed similar work for us in the past with success.
Construction of the project is anticipated to take place approximately July 22nd through November 22nd
2013.
7443
o?o/3-/4:2/
EGoold
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Contracts and Market Analysis Branch
4201 East Arkansas Avenue
Denver, Colorado 80222
Telephone: (303) 757-9736
Facsimile: (303) 757-9868
July 5, 2013
Mr. Michael Bedell
Weld County
Public Works Department
P.O. Box 758
Greeley, CO 80632
Dear Mr. Bedell:
STU C030-043
WCR 23/SH 392 Intersection
Project Code 18121
�a`►wMPIN
Based on my review of the financial statement dated July 3, 2013 and receipt
of:
- COOT Form 605, Contractors Performance Capability Statement
- CDOT Form 606, Anti -Collusion Affidavit
-CDOT Form 621, Assignment of Anti -Trust Claims and
-Documentation of conformance with CDOT UDBE Contract Goal Policy,
the City's award of Project STU CO30-043 to Mountain Constructors, Inc. is
approved.
Please include a copy of FHWA Form 1273 as part of your contract with
Mountain Constructors, Inc. Your cooperation in this matter is appreciated.
Sinc= e
arci Gray
CDOT Award Officer
BID TABULATION 6-25-13
WCR 23/SH 392 INTERSECTION IMPROVEMENTS PROJECT (B1300930)
X5419220
CONTRACT EM
UNIT
ESTIMATED
QUANTITY
1.1100 PRICE TOTAL
no ftr'r 0915303
UNIT PRICE TOTAL
11888319 Moommn
UNIT PRICE TOTAL
Ceuloe CIIOen
UNIT PRICE TOTAL
Han Cello om 0[505
UNIEPRICE TOTAL
914000 Dann
102
Re1,0011 of Stnoluro end Obnaions
11001000
010.000 00
55.000 00
11215.00
N
00
[3770
005501100
55113000
55207
90000
51040030
203
x75549329
1
11
5500
91900
5300.00
9500
39520
9000
515000
202
333•13939
300
117.00
25.10000
11500
54.9000
110 DO
510.00
560930
531100
202
Reli10,11 Of Dalin.Of
16 00
511000
55 00
1100 00
.510000
510 00
541000
54 50
590 GO
202
R993.313.913113.9E
SYI
21928
110 0
51982000
0402
505,51200
954
315]147
950
96.71500
5502
5109.600.0
202
Ranovlo(Oroun4 Slot
EACH
20
9500
59200
$6500
1133000
11000
9000
5100 00
51549.00
56500
0120000
202
OnnrNnrPou
LF
WI
5100
5125100
21➢0
01]610
1070
5A96.ro
944
936200
97
95410
202
98 31.98
EACH
3
951000
a➢0010
510000
5309
90000
210000
553030
510200
13,7600
129000
19
035999
O1
.000
5900 0
99000
17,59 DO
5200000
51.15000
9.55000
573900
203
0oo4 M Ess00l o(¢ 918993lrx1
CY
30301
9069.00
Ism
9714000
SI50
09591400
5635
101331500
5550
511]31600
203
EmNm0m,81093 4l0'Flen)
CY
13541
mm
010032800
0410
159,16400
5750
93.15250
S.M
55131500
Dam
511103100
203
Muck 00194.031
CY
002
11200
9.74400
5107
936000
01500
54.66000
9500
510020.0
04000
102,40000
203
Fmorlolmn
00058
25
510000
517000
1100
97057
510000
900000
Smm
5110000
512010
S:N00
220
CILO0013190
110109
EO
9500
9.030
51800
9027142
9000
515[000
51000
50.70.00
9007
51477
209
3014156sN➢033891
CY
50
1000
93000
510005
55.0017
51000
55.0]7
55500
542500
55000
24.00000
207
Tnpl6
CY
5145
180
191.97.0
550
963250
1100
9071500
55.30
52939650
5500
51412500
200
Elorbn Lor1I2 90
LP
1115
900
55]60.0
5360
54,00300
510➢0
11335000
SA00
[5]900
930
5460130
200
311193
LF
9522
519
511]032
$1.15
11035010
00y
501,7250
5160
51511520
51,10
513474 10
208
Ceno0eWul0m5uumun
EACH
1
560010
50000
58900
01100
215100
515030
445000
595000
17200
5500
300
Aem orvn 5..00 snrrmw 21uv
1F
9
525 00
0957
5075
5113
900
900
510]0
5100
921
41159
7.08
V .21
EACH-
150000
513900
51.500 00
11.50000
900000
513009
951000
IDA
Pemaon0lrys4F9r SCav2O+314
HONE
17
X700
95[07
15000
9.4700
15000
531207
1400
55.40]0
9900
5540000
200
0nnnnrobm40931.53v.11931p0504
1101.171
160
15302
513,11300
5900
01510000
90000
1159000
5507
112.9000
51507
52420930
410
RSxmillbooS0owm
EACH
4
90000
00]002
Saxsm
1900.0
90000
51]00
04007
530302
92000
512607
2.10
RHO 010.0 5.188
FACIE
12109
530000
512500
515002
050000
51.000 00
5250 00
570030
5134 00
12011 CO
210
063.9110331
ACRE
107
113000
9.303.09
545000
9zu9
11900
55.18502
9.5900
96➢5000
550000
553900
211
13039(8/9013•3330
ACRE
101
549300
x0157
9007
X310➢2
2600.7
90230
95000
902302
92500
5561110
113
00o_IT19421
19
3140
419
931500
50.00
1442000
1210
1510520
900
92554000
5225
14950
201
ARrogate0000loo0e 919161
TON
21045
5357
90142124
9550
910.5920
9452
96005350
51620
95105900
12000
52300000
301
0qu0190400C200400e919
TON
3916
51600
91.4800
13550
56065902
51700
56162000
11060
072.99050
5220
9'1,51500
403
1mu00910SH10020Pw4.29
T02
10346
56500
5672!9020
53000
5724220 00
56200
001.4510
16050
901666.40
SY.00
5651.195 00
401
0.41014+1: 53111011PGi6211
TON
2219
9000
5703200
51000
919.1207
900
13190200
9130
9992430
12100
9110500
411
0001064 A5p^IDI0owS9vcl
GAL
3796
930
7520
5350
5921600
510
51138900
909
59077
940
501.0200]
504
39309 1191912-0S0331911
SF
555
950
1149000
glum
5301500
987
915092
5930
290727
11500
51901000
506
Soiohprep(121n5A1
CY
II
50.00
11360.00
1800
526000
512500
1261500
5690
1144900
58100
11.30100
507
Comm slopew0u40271R(uwm0m)
CY
3
95224
51➢529
132502
51950
55007
9150000
140002
5102000
172000
511000
501
Comae 169B
CY
53
541200
5238500
17000
111000
505000
X30500
WM00
53.604 00
160100
193600
mt
0201001(360➢
EACH
1
ii%401
850.0
11377
51.300
x053 rn
zs onm
9.4529
9.450 00
180000
160000
11333941245.2951831
EACH
01500 00
57300 00
14300 00
m)
Foso Chs2Llnk(4540.01
I3
aI
52000
93600
9100
9540.00
957
920020
9200
92360
9000
229000
612
OA1ulor(ryp911
EACH
70
51900
514000
52600
116580
5120.00
50360.00
14000
13,9300
52730
118900
632
0o0nul30Tpe91
EACH
a
51202
5927
9000
51500
$1210
55000
14600
51047
13000
501000
69
0000400099ann51e 100101511075 9
1414
42
55000
9y9m
19100
5365010
9500
90700
1120[0
94.004
1060
944000
612
0960554.90119.3.3310-3.55013335 III
24114
500 00
013900
595 90
515500
5404000
5115 01
9.9002
1-10 05
002
Odm3pr (Dneille 911931111
FACE(
9
$100
571010
510000
190000
5370
9X500
310502
51]4x0
1970
0072 00
614
S191153(Oosoff
SF
55
51100
004200
52000
51,1307
51000
9.e0000
52500
11.40000
9000
11,120.00
614
SgoPmel ICHUIl1
00
370
9180
33.000.00
12500
54.x5909
11100
09]5000
52000
5510000
540
999500
604
131509 Suppor315 Rwo51(Pon1
IF
09
5000
99200
52200
945500
55000
14.95002
9200
9,00000
52350
52326.50
624
5801 Han 3549112.- 9.9900`x'005
EACH
30
9503
57509
517500
517500
515000
9199
9103
9,1220
5177
5130000
614
5054107 Supped a 11239119111311
IF
166
!090
9320.9
00200
931200
55000
93000
5220
535aw
1100
54.92014
614
NW 51m50993212'SCH8011Rpblul
EACH
I6
990
917.00
51750
309000
5000 Oa
X,5024
9400
904022
01610
52,5203
614
Smuh(Tod 3 30
EACH
3
07x0
9000
513007
11.70000
1210010
5230.0
590000
59007
11600.00
016000
606
IS'C992ulg000r,po
LF
150
51200
21000000
51000
5110000
51000
01522000
515000
93524.00
515000
925000
610
Odd 01-32 144911
IS
3
95.0000
95.¢07
00nm000
9144407
112,9000
9200.00
530500000
9000,00
0710.00
95009
620
siAine Hale
EACH
1
119700
11397
513100
50007
9210.30
900300
95600
50167
5110200
50,0200
621
06701509..
EY
x7
953
9.2700
957
9677
5307
90200.00
9500
9.30200
5477
940200
624
155 Ruv00 Pipe tam 0141001
12
70
560.00
14300
9102
153107
13000
9660.00
513500
9,4007
460
56➢2000
4
M 1300.0018391093 011OFI
IL
311
19000
90.90➢0
06130
93929200
0000
95707
114567
9139.3
5543
5220107
1314
24un5po PipelCHes T(C31
V
237
511000
94,01000
55300
0313207
1020
1106140
116100
9249.0
192.00
131.11100
624
29 0000111251021471(161
1F
31
117500
991500
11000
05,0000
512500
5637500
$14000
9,14000
511702
25.010
654
19 E.319491 9142401 P'1p51C➢v 040105
10
37
51500
25.5300
510.7
9300
9509
53,057
315500
559300
10300
1154105
634
24'229„04000099091 01003501125
10
242
51100
5071403
512500
9543003
4150
95,3503
13050
54652000
51000
12045600
625
la'wti10 tuna -imp
33
1
5509.0.00
55002000
54500000
5460000
115.0000
95443.00
X6.91.7
X6.92]00
fsO 00057
fsp.IXOw
626
Md4lv0lm
12
1
51000.00
510,0000
SAOALW
150,0200
5150,00000
1150,00000
111100000
13820000
5365,0220
11650110.0
020
999 133539 993E
GAL
w
2550
23.0000
111000
015.4000
521200
234,0400
5704.00
514.02000
520900
514.9300
627
3•538.12441534133119393931
GAL
201
12600
0538400
5550
5911500
9500
09,1157
9145
900235
9000
51935000
631
76509915'] MWn01H0651.0Mll
SF
499
51300
15,95500
51050
599130
519.00
55461.00
57425
51209075
50300
51147200
620
Surecy mat(Ty)o11
EACH.
14
755055
5425055
577.00
51,07800
550000
17000.00
53150
S994.03
501005
51550.4
059
2066.149.6645139 6)
EACH
x5
Slw.O
555600 m
55300
51578.00
SSO.W
51435000
Snu
5135016
5552
51.43000
659
Surrey Mmumml(Type 50).
EACH
l
565500
5109000
591050
5155055
550050
5180050
5481.50
51.444.50
554050
50.62000
635
11.300694
HOUR
500
MOO
51106600
x600
51300000
$24.00
001.000.00
531 00
51550000
MD)
51255550
630
TalOeGuollnrymm
DAY
40
x15000
5007000
55'00
5244000
511500
5460000
5919
13.009.x0
500.00
9.5040
610
Tre cCamm165m44uml
DAY
00
501000
54250655
550050
55520000
5650.00
551090 00
564150
55135055
5500.00
554.400.00
630
Fla0AO0m0m 6515565501
EACH
4
550000
SEAN 00
546000
51240.00
51025.00
5410500
593600
.],1455
541005
51x2005
630
Beirio.de Frye 3 MAO (!e4prmy)
EACH
6
18009
540000
56000
516000
5100.00
53,50005
532150
51.4x600
55400
5124.00
630
Buricede ripe 5 MAlRmplely)
Enw
1
515000
510000
59500
521000
550000
x1500,00
53x155
564150
515/.00
531400
630
(4730.50]31.36]51x,180051 A)
EACH
0)
51500
53.90500
55300
5431600
53500E
5]5500
50100
75.7540
5x.00
5.46440
610
C ,5475x50 ESN San (Owl 510B1
EACH
36
54500
5165000
50500
410000
115005
4960.00
510100
.30,0)200
57000
5151000
650
(974]005] Traffic 51Snmmd Size CI
EACH
1
541,00
14500
55000
55050
515000
511060
5107.00
5103.05
5500
51200
610
C4m0unm4 THIGH 010,(SHAD)
SE
105
51100
51.10000
51400
51440.00
51550
ss5wm
5x145
5214000
53250
5130000
655
P0r0Ne0Mu58e oioo Panel
EACH
4
5150050
510500.00
55.60000
514,40000
5550000
53400000
50,55000
5)434050
0030070
51)155,50
455
Crum CMrnditl04Mree
EACH
IPo
03000
5105000
51000
0)171000
94100
0950)05
54550
ECHO 00
501.00
5x,10000
450
5244ve4B540c1019orvyf
II
600
5000
511000.00
5x000
51100000
14050
754400.50
555.06
51551600
54300
Su,PW 00
610
7665455(0.5
EACH
50
55.00
530000
51030
55500
x30.60
5160000
51005
550235
51 00
540100
630
Impaelulea5mrrten44r7y)
EACH
1
5200004
510.070.50
51990 00
5R9A000
5150000
51005.00.
5311000
5045000
510.55070
521.00 00
700
WA140507C0namultEvisions
5103.005.00
510000001
5100.00000
5100000.00
5100000 00
110000003
510060070
5101.70050
5
x
H0
F/AFnn 505 A4omsm9
EA
1
83.050.60
55.00.00
5.050.50
55.05000
5500000
5560000
55.605.00
rs000.00
55.0000
51.000000
100
FA Ag040 Cement Corr AIDED.
FA
1
510.00000
510,00000
51000000
510,00519
5104455
510000.00
51040000
510024.00
01000500
510.00000
700
E/AOsihlsbTmmoo
HOUR
320
596000
59(000
596000
554000
596000
596050
5950.00
396000
596000
55000
700
F/084501751 Compel
FA
1
50900050
x10500.50
53045000
51005050
51045000
EI6,65000
510.00000
110.00000
51650000
51000070
B0WI050 Errors 00015405450x45
TOTAL 42,400,050.00 TOTAL 42,452.128.55 52,512,048.20 TOTAL 52,284,430.43 TOTAL 5;912635.45
494 mart., .580:00006 Enar 56,161.x5 Error .5]A60005m,
T I 1. T at
Fur 164e67-• 550.0.2702.5.1 C FUALSoN "Doc& Y--F-Ht"W t-1
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwalters@co.weld.co.us
E-mail: reverett(c�co.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: Jun 25th, 2013
REQUEST FOR: WCR #23-SH #392 INTERSECTION IMPROVEMENTS
DEPARTMENT: PUBLIC WORKS DEPARTMENT
BID NO: #B1300030
PRESENT DATE: June 26`h, 2013
APPROVAL DATE: JULY 10TH, 2013
TOTAL
VENDORS CONSTRUCTION COST
MOUNTAIN CONSTRUCTORS INC
622 MAIN ST
PLATTEVILLE CO 80651
COULSON EXCAVATING CO INC
3609 NORTH COUNTRY RD 13
LOVELAND CO 80538
DON KEHN CONSTRUCTION INC
6550 SOUTH COUNTY RD 5
FT COLLINS CO 80528
DURAN EXCAVATING INC
418 N 9TH AVE
GREELEY CO 80631
**WELD COUNTY'S PROJECT ESTIMATE WAS $2,400,000.00
$2,452,126.55
$2,512,048.20
$2,786.430.43
$2,912.635.45
***BIDS ARE BEING REVIEWED BY THE PUBLIC WORKS DEPT AT THIS TIME**
6/26/3
2013-1621
EGoo��
Hello