HomeMy WebLinkAbout20133295.tiffWeld County Flood Recovery Project
Transmittal Sheet
Federal DR Grant Program
FEMA-DR-4145-CO
Grant Status
Original Submittal
Grant Program
Public Assistance
Total Project Cost
$1,477,750.00
Grant Project Number
PA -08 -CO -4145_00121(0)
Weld Project
Number
69-380A
Description of Package: FEMA Project Worksheet for Temporary / Emergency Repairs to CR69, Project
number 69-380A. This is the original submittal, aka Version 0. This package includes:
1. FEMA PW PA -08 -CO -4145_00121(0) (Weld Project 69-380A)
2. Contract dated 10/11/13 (accelerated schedule of 28 days)
3. Weld Commissioners Memo, public bids received 10/10/13 (8/300172)
4. Contract Award Letter dated 10/10/13
5. Weld County Map FHWA roads.
Transmittal -
uthorizi g Party
Re
® a oval / Notes
= Date,
0
David Bauer, Weld Public Works
Received from Federal
Representative
Received from Gene May,
FEMA PAC
11/13/2013
1
David Bauer, Weld Public Works
Technical Review
PW based on Contract
SOW and Cost Est for EM
work
11/13/2013
2
Tommy Horton, Base Tactical
Programmatic Review
Issue with EM work being
in Cat C; Confirm with
State and JFO.
11/14/2013
3
Roy Rudisill, Weld Emergency
Management
Weld Authorized
Represented
Signed as Weld AR
11/14/2013
4
Katie Wolff, Base Tactical
Filed into SharePoint
11/14/2013
5
Tommy Horton, Base Tactical
Submitted to Weld
Clerk of the Board
Emailed to EpetLiGesick
11/22/2013
2013-3295
-8Cooti5
Federal Emergency Management Agency E -Grants
Page 1 of 2
PA-08-CO-4145-PW-00121(0)
Applicant Name:
Application Title:
WELD (COUNTY)
WELCO12 WELD COUNTY CR 69
Period of Performance Start:
Period of Performance End:
09-14-2013
03-14-2015
Bundle Reference # (Amendment #)
Date Awarded
Subgrant Application - FEMA Form 90-91
Note: The Effective Cost Share for this application is 75%
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET
DISASTER
PROJECT NO.
WELCO12
PA ID NO.
123-99123-
DATE
11-12-2013
CATEGORY
C
FEMA 4145 - DR
-CO
00
APPLICANT: WELD (COUNTY)
WORK COMPLETE AS OF:
11-12-2013:75 %
Site 1 of 1
DAMAGED FACILITY:
COUNTY: Weld
WELD COUNTY, CR 69 at South Platte River
LOCATION:
LATITUDE:
40.34255
LONGITUDE:
-104.41503
Current Version:
40.34808
40.34967
-104.41549
-104.41386
Floodwaters in the following sections caused the complete loss of roadway at the following
locations(see map):
40.35369
-104.41272
START OF CONTRACT 40,35533, -104,41268 to END OF CONTRACT 40,34192, -104,41514
Location 1 (START 40.34255, -104.41503; through intersection CR380/CR60 to END
40.34808, -104.41549)
Location 2 (START 40.34967, -104.41386: to END 40.35369,-104.41272)
DAMAGE DESCRIPTION AND DIMENSIONS:
Current Version:
DAMAGE DESCRIPTION AND DIMENSIONS
In DR 4145 Colorado experienced Severe Storms, Flooding, Landslides,and mudslides during the incident period from September 11
through September 30, 2013.
The roads of Weld County, which is crossed by the South Platte River, were impacted by floodwaters throughout the county, including loss
of pavement, shoulders, culverts, and guard rails.
Weld County Road 69, an asphalt road with gravel shoulders, was flooded over from a location approximately one mile north of US 34
(40.34192, -104.41514) to intersection CR 380/CR 50 to 40.35533,-104.41268), see map attached.
The total length of flood affected area , approximately 5,700FT long by 22LF wide asphalt road, plus 6FT wide gravel shoulders (each side),
to an average depth of 5.5FT (5,700FT long x 34FT wide x 10FT depth) /27CY/CF, equals approximately 71,700 CY of total road volume.
A site inspection was performed on 11/1/2013, by FEMA Public Assistance Coordinator Eugene May, and Weld County Chief Engineer
David Bauer.
SCOPE OF WORK:
Current Version:
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Federal Emergency Management Agency E -Grants Page 2 of 2
SCOPE OF WORK
TEMPORARY
The Applicant used contract services in a publicly bid contract (notice of competitive bids and award attached) to restore the flood impacted
road and shoulders in an expedited construction operation designed to address standing floodwaters at overtopped sections and loss of
road structure (Locations 1. 2), including the loss of gravel shoulders throughout the contract area, to allow vehicular traffic before and
during the winter season.
The applicant anticipates that these conditions will likely lead to short term wear characteristics of the road structure, which will be revisited
by the applicant after the winter season 2013/2014.
This sub -grant is written for the temporary road recovery operations as indicated in the attached contract.
The contract, for $1,477,750 was awarded to the LAWRENCE CONSTRUCTION COMPANY of 9002 North Moore Road, Littleton CO
80125, phone 303-791-5642. The contract has accelerated performance specifications that require the opening of the road to vehicular
traffic without standard dry road base conditions, due to dewatering of standing flood waters.
The accelerated schedule in the attached contract is (28) days to completion, with commencement of the work in the field as (2) days after
the award of contract. All contract sections that refer to Federal Aid Road projects are used for procedures only.
The approximate measurements in the DAMAGE DESCRIPTION, 71,700CY, result in an average in place cost of accelerated operations at
approximately $21 CY, or a cost in an order of magnitude scale with temporary emergency road work in flood conditions.
The Applicant has provided the Weld County map showing FHWA funded County Roads for 2013 showing the site of the work as being the
responsibility and complete funding of Weld County (attached).
Attachments as indicated below in are in the Weld County Department of Public Works:
1. Signed Base Contract, dated October 11, 2013, showing accelerated schedule of 28 days.
2. Weld Co Commissioners Memo regarding public bids received, dated October 10, 2013
3. Contract Award Letter, dated October 10, 2013
Does the Scope of Work change the pre -disaster E
conditions at the site? H Yes No
E
Special Considerations included? 1LI Yes [_ No
Hazard Mitigation proposal included? ❑ Yes
C1 No
Is there insurance coverage on this facility? ❑ Yes RI R I No
PROJECT COST
ITEM
CODE
NARRATIVE
QUANTITY/UNIT
UNIT PRICE
COST
1
0000
Work to be Completed
0/LS
$ 0.00
$ 0.00
2
9999
Estimate Temporary Repair
1/LS
$ 1,477,750.00
$ 1,477,750.00
TOTAL COST 1 477,750.00
SIGNATURE '3 i44
PREPARED BY EUGENE MAY
TITLE PACL
APPLICANT REP. Roy Rudisill
TITLE Director- OEM
SIGNATURE ,. 2,•.,/, A r/ •
r
7 /5-/5
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fountain E -Purchasing System
Page 1 of 1
(9: - 9.J Tab Ittiotaat,o r
nl( rrH i, to below is the Bid Tab for solicitation number RFB-MW-81300178 posted by Weld County
r )c�u llne
l itic
nlorn'skin Puslyd
support"4 Durun'.nl
10/10/2013 prior to lmn0 AM M.D.T
BRIDGE 69/380A FLOOD REPAIRS
10/28/2013
Ill() I AIILIIA1 ON/AWARD
APPROVAL LETTER
(_Previous Screen )
Copygett International Data Base Corp 1983-2013 -Art rights reserved
yPower
hops://www.rockymountainbidsystem.com/Admin/LibraryLocal/NoticeAward.asp?TN=120777&Group... 11/4/2013
Weld County: Purchasing
Page 1 of l 1
WELD COUNTYcoLoRADo
Purchasing
All Weld C aunty > Home I About I Departments I Services I Contact Us I Property Information
Purchasing
Current Requests
Tabulations /Awards
OIL & GAS LEASE TABULATIONS
• OIL & GAS LEASE TABULATIONS CAN BE FOUND UNDER CURRENT
REQUESTS AND OIL & GAS LEASES- BIDS & TABULATIONS
BID/ PROPOSAL TABULATIONS
#B1300168- HONOR GUARD UNIFORMS
TABULATION
• BID APPROVAL DATE: 10/30/13
BID AWARDS - OCTOBER 2013
#81300176 - TAX NOTICES & ENVELOPES
7 BID TABULATION/AWARD
7 APPROVAL LETTER
BID AWARD DATE - 10/28/13
#01300161 - HVAC UPGRADE -CENTENNIAL CENTER
m
BID TABULATION/AWARD
APPROVAL LETTER
BID AWARD DATE - 10/21/13
#81300179 - DEBRIS REMOVAL, DISPOSAL & REDUCTION
7 BID TABULATION/AWARD
BID SUMMARY
7 APPROVAL LETTER
• BID AWARD DATE - 10/16/13'EMERGENCY-
#81300178 - BRIDGE 69/3B0A FLOOD REPAIRS
�J BID TABULATION/AWARD
▪ APPROVAL LETTER
• BID APPROVAL DATE - 10/11/13
#81300156 - BRIGGSDALE WELL STORAGE TANK EXPANSION
m
m
BID TABULATION/AWARD
APPROVAL LETTER
BID APPROVAL DATE - 10/9/13
#81300177 - BRIDGE 13/26A FLOOD REPAIRS
7
7
BID TABULATION/AWARD
BID TAB - ITEMIZED
APPROVAL/RECOMMENDATION LETTER
BID APPROVAL DATE - 10/8/13 (EMERGENCY)
#81300159 - ROOF TOP UNIT - 1400 N 17TH AVER BLDG
in BID TABULATION/AWARD
APPROVAL LETTER
• BID AWARD DATE - 10/7/13
A -Z Search I Search
Contact Information
Weld County Purchasing Department
1150 "O" Street (as of 8/8/11)
P.O. Box 758
Greeley, CO 80632
phone: (970)336-7225
fax: (970) 336-7226
Office Hours
Monday - Friday - 8:00 AM - 5:00 PM
• questions should ho directed to Rose
or Marcia in Purchasing or participating
Deparinorn
Marcia Walters
phone: (970) 356-4000 x 4223
email- mmatlersQ1rc weld.::o.us
fax: (970) 336-7226
Rose Everett
phone: (970) 356-4000 x 4222
email: roverenwm weld co. ue
fax: (970) 336-7226
http://www.co.weld.co.us/Departments/Purchasing/Tabulations/Awards.html 1 1 /4/2013
NOTICE OF AWARD
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
To: Lawrence Construction Company
9002 N. Moore Road
Littleton CO 80125
Project Description:
The project consists of road and bridge repairs required to return flood damaged areas to pre -flood conditions. Major bid items
include: debris and obstructions removal, excavation and embankment, aggregate base course, hot mix asphalt, and erosion
control.
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 SIA77,750.00 or as shown in the Bid Schedule.
You are required by the Instructions to Bidden to execute the Agreement and furnish the required Certificates of Insurance within
two (2) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to famish said Certificate of Insurance within two (2) 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 1 Ith day of October , 2013
Weld County, Colorado, Owner
By
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
Michael Bedell, P.E., Senior Engineer
1_• A lit n L d10 C. c 0.(Contractor)
Dated this--� I1 +j____ _ day of O C To Bali , 2013
B
fide:
-19-
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwalters(aco.weld.co.us
E-mail: reverett@co.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: OCTOBER 10, 2013
REQUEST FOR: BRIDGE 69/380A FLOOD REPAIRS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B1300178
PRESENT DATE: OCTOBER 11, 2013
APPROVAL DATE: OCTOBER 11, 2013 **EMERGENCY**
VENDORS OPTION #1 OPTION #2 OPTION #3
LAWRENCE CONSTRUCTION CO $1,477,750.00 NO BID NO BID
9002 N MOORE RD
LITTLETON CO 80175
DURAN EXCAVATING INC $1,847,500.00 $1,827,500.00 $1,827,500.00
418 N 9TH AVE
GREELEY CO 80631
J-2 CONTRACTING CO $2,071,265.80 $2,051,265.80 $2,031,265.80
POBOX 129
GREELEY CO 80632
ROCHE CONSTRUCTORS INC $2,091,622.00 1,979,803.00 $1,979,803.00
361 71ST AVENUE
GREELEY CO 80634
DON KEHN CONSTRUCTION INC NO BID NO BID $2,172,175.00
6550 SOUTH COUNTY RD 5
FT COLLINS CO 80528
OPTION #1 - PROJECT COMPLETE IN 28 CALENDAR DAYS
OPTION #2 - PROJECT COMPLETE IN 42 CALENDAR DAYS
OPTION #3 - PROJECT COMPLETE IN 56 CALENDAR DAYS
IT WAS THE DECISION OF THE WELD BOARD OF COUNTY COMMISSIONERS TO AWARD THE
BID FOR THE RBIDGE 69/380A FLOOD REPAIRS TO THE LOW BIDDER, LAWRENCE
CONSTRUCTION CO, IN THE AMOUNT OF $1,477,750.00. THE PROJECT WILL BE COMPLETE IN
28 CALENDAR DAYS.
WELD COUNTY COLORADO
BY: TREVOR JIRICEK
DIRECTOR OF GENERAL SERVICES
MEMORANDUM
Date: October 10, 2013
To: Trevor Jiricek, Director of General Services
From: Wayne Howard, P.E., County Engineer
RE: Bid Request No. B1300178 Bridge 69/380A
BOCC Approval Date October 11, 2013
Bids were received and opened on October 10, 2013 for contracted construction of Bridge 69/380A
Emergency Flood Repairs. The project was advertised with three options for vendors to bid on which
included completion of the project in 28 calendar days (Option 1), 42 calendar days (Option 2), and 56
calendar days (Option 3). Bids ranged from $1,477,750.00 to $2,172,175.00 with the lowest bid
submitted by Lawrence Construction Company from Littleton, Colorado. The Engineer's Estimate for the
project was $2,035,500.00.
The submitted bids have been reviewed for errors and completeness. I identified a minor math error on
the bid from J-2 Contracting which did not change the ranking of the bidders or the amount of the lowest
bid submitted. No other errors or discrepancies were apparent. The bid tabulation has becn submitted for
your information.
The low bid from Lawrence Construction Company from Littleton, Colorado was the lowest bidder and
their bid was submitted only Option 1. Since this bid was the lowest and completes the project in the
shortest duration, it is my recommendation to award the construction contract to Lawrence Construction
Company for a total amount of $1,477,750.00. Lawrence is a well known construction firm and has
successfully worked for Weld County on past projects. They have assured PW that they will begin the
work no later than Monday, October 14, 2013.
Liquidated damages in the amount of $1,600/day will be assessed beyond the 28 calendar day per the
contract specifications.
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MEMORANDUM
Date: October 10, 2013
To: Trevor Jiricek, Director of General Services
From: Wayne Howard, P.E., County Engineer
RE: Bid Request No. B1300178 Bridge 69/380A
BOCC Approval Date October 11, 2013
Bids were received and opened on October 10, 2013 for contracted construction of Bridge 69/380A
Emergency Flood Repairs. The project was advertised with three options for vendors to bid on which
included completion of the project in 28 calendar days (Option 1), 42 calendar days (Option 2), and 56
calendar days (Option 3). Bids ranged from $1,477,750.00 to $2,172,175.00 with the lowest bid
submitted by Lawrence Construction Company from Littleton, Colorado. The Engineer's Estimate for the
project was $2,035,500.00.
The submitted bids have been reviewed for errors and completeness. I identified a minor math error on
the bid from J-2 Contracting which did not change the ranking of the bidders or the amount of the lowest
bid submitted. No other errors or discrepancies were apparent. The bid tabulation has been submitted for
your information.
The low bid from Lawrence Construction Company from Littleton, Colorado was the lowest bidder and
their bid was submitted only Option 1. Since this bid was the lowest and completes the project in the
shortest duration, it is my recommendation to award the construction contract to Lawrence Construction
Company for a total amount of $1,477,750.00. Lawrence is a well known construction firm and has
successfully worked for Weld County on past projects. They have assured PW that they will begin the
work no later than Monday, October 14, 2013.
Liquidated damages in the amount of $1,600/day will be assessed beyond the 28 calendar day per the
contract specifications.
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BID 1300178 - EMERGENCY FLOOD REPAIRS FOR BRIDGE 69/380A
THIS AGREEMENT is made and entered into this II day of t C,4Q3b..v , 2013,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by
and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley,
Colorado 80631 hereinafter referred to as "County," and Lawrence Construction Company, a
Colorado corporation, whose address is 9002 N. Moore Road, Littleton, CO 80125, hereinafter
referred to as "Contractor".
WITNESSETH:
WHEREAS, many of Weld County's road and bridges have been damaged and remain
closed and/or in an unsafe condition due to the flooding which occurred in mid September, 2013,
and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to
immediately undertake theemergency repair of these roads and bridges to allow the traveling
public access to and from homes, businesses, schools, and medical facilities, and
WHEREAS, further repairs to these roads and bridges may be needed in the future, as
current ground conditions and the time of year in which these emergency repairs are undertaken,
may result in the erosion of the foundation of the roads and bridges, and
WHEREAS, County must address these dangerous conditions immediately, the
construction services of an independent contract construction professional are required to
perform the following "Construction Services: BRIDGE 69/380A EMERGENCY FLOOD
REPAIRS which are enumerated in Bid Package No. B1300178; and
WHEREAS, Contractor is able and willing to perform the required Construction
Services, according to the terms of this Agreement and pursuant to the Contract Documents
listed below:
(A) Bid Package, which includes the following documents:
*Instructions to Bidders
*Invitation for Bids, including any Addenda
*Instructions to Bidders;
*Required CDOT Project Forms;
*Form FHWA 1273 -Required Contract Provisions Federal —
Aid Construction Contracts;
*Contract, Specifications, and Drawings issued by the Weld
County Public Works Department;
(B) Bid Proposal
(C) Bid Bond
(D) Notice of Award
(E) Notice of Acceptance
(F) Notice to Proceed
(G) Change Order (if applicable)
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(H)
(I)
(J)
Certificate of Substantial Completion
Lien Waiver (General Contractor)
Final Lien Waiver (Sub Contractors)
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. COMPONENTS OF AGREEMENT: County and Contractor acknowledge and
agree that each of the Contract Documents listed above are integral components of this
Agreement and consent and agree that each Exhibit, (A) through 0), is incorporated
herein and made a part hereof by this reference. County and Contractor further
acknowledge and agree that upon the date of the execution of this Agreement, Exhibits
(D) through (J) have not been executed and arc in a blank form only within the pages of
Exhibit A; but each agrees that following execution by the appropriate party each
executed document shall be made a part of this Agreement and shall be properly
submitted to the Weld County office of the Clerk to the Board.
2. OFFICIAL ENGINEERING PUBLICATIONS: Contractor acknowledges and agrees
that the Colorado Department of Transportation "Standard Specifications for Road and
Bridge Construction" and the Colorado Department of Transportation Standard Plans "M
& S Standards" establish the requirements for all work performed by Contractor under
this Agreement, and that a failure to meet the standards by these publications may result
in withholding by County of some or all of the Contract Amount.
3. CONTRACT AMOUNIYCOMPENSA'I'ION: Contractor agrees to perform the
Construction Services described in the Contract Documents and comply with the terms
therein for the total compensation of $1,477,750.00 as set forth in Exhibit (C) and any
additional amounts incurred pursuant to the execution of any Change Orders contained in
Exhibit (G).
4 TERM: The term of this Agreement begins up on the date of the execution of this
Agreement by County, and shall continue through and until the one year warranty period
following the date of County's acceptance of Contractor's successful completion of the
Project. The Contract Time established for the construction period, after the Notice to
Proceed has been given, shall be 28 Calendar Days.
5. TIMELINESS OF PROJECT COMPLETION: Contractor acknowledges that
County's award of the bid is predicated upon Contractor's agreement to complete
construction of the Project within the time set forth in Exhibits (A) and (B).
6. INDEPENDENT CONTRACTOR: Contractor agrees that it is an independent contractor
and that neither Contractor's officers, nor employees will become employees of County,
nor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. INDEMNIFICATION, DESIGN AND INSURANCE: Contractor shall be responsible
for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by Contractor and shall, without additional compensation,
2
promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall
indemnify and save harmless County, its officers, and employees, from suits, actions, or
claims of any type or character brought because of any and all injuries or damage
received or sustained by any person, persons, or property on account of the operations of
the Contractor; or failure to comply with the provisions of the Contract; or on account of
or in consequence of neglect of the Contractor in safeguarding the work; or through use
of unacceptable materials and/or materials not identified in the Contract Documents in
constructing the project; or because of any act or omission, neglect, negligence or
misconduct of Contractor; or because of any claims or amounts recovered from any
infringements of patent, trademark, or copyright, unless the design, device, material or
process involved is specifically required by the Contract documents; or from any claims
or amounts arising or recovered under the Worker's Compensation Act, or other law,
ordinance, order, or decree. County may retain as much of any moneys due Contractor
under any this Agreement as may be determined by it to be in the public interest.
Contractor shall obtain, and maintain at all times during the term of this Contract,
insurance in the following kinds and amounts:
a. Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of Contractor's employees acting within the course
and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
Contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $2,000,000 general aggregate;
iii. $2,000,000 products and completed operations aggregate;
iv, $50,000 any one fire; and
v. $500,000 errors and omissions.
8. NON -ASSIGNMENT: Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
9. ACCESS TO RECORDS: County shall have access to Contractor's financial records for
the purposes of audit. Such records shall be complete and available for audit 90 days
after final payment hereunder and shall be retained and available for audit purposes for at
least five years after final payment hereunder.
10. TERMINATION: Either party may terminate this Agreement at any time by providing
the other party with a I0 -day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the
Agreement.
1 I . TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
3
12, ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire
understanding between the parties with respect to the promises and covenants made
therein. No modification of the terms of this Agreement shall be valid unless made in
writing and agreed to by both parties.
13. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated in each
succeeding year.
14. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities of County or its
officers or employees may possess, nor shall any portion of this Agreement be deemed to
have created a duty of care with respect to any persons other than County and not a party
to this Agreement.
IS. COUNTY REPRESENTATIVE: County may designate, prior to commencement of
work, its project representative ("County Representative") who shall make, within the
scope of his or her authority, all necessary and proper decisions with reference to the
project. All requests for contract interpretations, change orders, and other clarification or
instruction shall be directed to County Representative. The County Representative for
purposes of this Agreement is hereby identified as David Bauer, Director, Weld County
Department of Public Works.
16. ACCEPTANCE NOT WAIVER: County's approval of drawings, designs, plans;
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve Contractor of responsibility for the quality or technical accuracy of the
work, County's approval or acceptance of, or payment for, any of the services shall not
be construed to operate as a waiver of any rights or benefits provided to County under
this Agreement.
17. OWNERSHIP: All work and information obtained by the Contractor tinder this
Agreement or individual work order shall become the property of the County. This
includes, but is not limited to, reports, data, plans, drawings, records and computer files.
18. COMPLIANCE WITH COLORADO DEPARTMENT OF TRANSPORTATION
("COOT") REGULATIONS AND STANDARDS The work performed by Contractor
pursuant to this Agreement shall comply with all current CDOT Standard Specifications
for Road and Bridge Construction and the latest CDOT M & Standards.
4
CONTRACTOR:
Law A•e .onstr yction C n _any_
By
Name:
Title: 51,A
COUNTY:
Date: /D// 0;2
ATTEST:%1%'1J_ COUNTY OF WELD, a political
Weld County Cle to the Board
By:
subdivision of the State of Colorado
By:
William F. Garcia, Chairman
Board of County Commissioners of the
County of Weld
OCT 14 2013
5
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
NOTICE
July 19, 2012
This is a standard special provision that revises or modifies CDOT's Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT's Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
the Standards and Specifications Unit of the Project Development Branch. The
instructions for use on CDOT construction projects appear below.
Other agencies which use the Standard Spec f cations for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use this standard special provision on federal aid projects.
July 19, 2012
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.
July 19, 2012
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 — Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
Xl. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included In Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form In each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be Included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
far compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, 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 contractors
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor. During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more, The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 833.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor Including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
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, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
3
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with 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 contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its 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 contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program 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 contractors 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
contractors 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
contractors procedures for locating and hiring minorities and
women.
July 19, 2012
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 minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded bye valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
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, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractors
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
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 depth to determine whether there Is evidence of
discrimination. 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.
July 19, 2012
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, 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 their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
Increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees In the type of trade or job classification involved.
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. In the event a
special provision for training Is provided under this contract,
this subparagraph will be superseded as indicated In the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
In accordance with 23 U.S.C. 140(a).
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 employees who are minorities and
women 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 good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith 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 ref erral
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 contracting agency 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 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 minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. 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. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. .Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. 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 the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for Inspection by authorized
representatives of the contracting agency and the FHWA.
July 19, 2012
5
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
a. The records kept by the contractor shall document the
following:
(1) The number and work hours 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; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency 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 Fl-IWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex. or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" Includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains.
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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 Issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)). the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which Is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1 d. of this section; also, 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 29 CFR 5.5(a)(4). 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 employers payroll records accurately set forth the
lime spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1321) 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.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
6
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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 lime Is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed In the 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. The Wage and Hour 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,
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs t.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. 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
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as 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.
2. Withholding
July 19, 2012
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor 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, so
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 contracting agency
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.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of 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. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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 shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program Is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. 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). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 Is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.goviesalwhdrforms/wh347instrlitm
July 19, 2012
7
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
'Statement of Compliance,' signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(I) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each 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 Regulations, 29 CFR
pad 3;
(lit) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) 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 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action 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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
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 U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or If a
person Is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen 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 worker 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 on 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
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor 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's hourly
rate) specified in the contractors or subcontractor's registered
program shall be observed.
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 journeymen 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 determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
July 19, 2012
8
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
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, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman 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 hinge
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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed 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.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. 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.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference In this contract.
6. Subcontracts. The contractor or subcontractor shall Insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. Abreach of the
contract clauses In 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davls-
Bacon and Related Acts contained In 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm Is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm Ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements, is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
9
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic In any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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 or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work In excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys 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 es
provided in the clause set forth in paragraph (2.) of this
section
4. Subcontracts. The contractor or subcontractor shall Insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
July 19, 2012
I. 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 price, excluding any specialty items
designated by the contracting agency. 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 635.1 16).
a. The term "perform work with its own organization' refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and Slate regulatory requirements. Leased
employees may only be included In this term If the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limitee to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose 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 VI 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 contracting officer determines is
necessary 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
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
contracting agency has assured that each subcontract is
July 19, 2012
10
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to ell Federal -aid construction
contracts and to all related subcontracts.
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 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 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 snail 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. 3704).
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.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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
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, Form FHWA-1022 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:
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
representation, 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
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355). as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision Is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
July 19, 2012
11
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
approval or that Is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier 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 first tier 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 first tier 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 contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
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," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant' refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first 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 entering into this transaction.
g. The prospective first tier 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 Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.aov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective 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.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-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 property;
(3) 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 (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
12
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
b. Where the prospective 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 Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
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 lime the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
In 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
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 exceeding
the $25,000 threshold.
July 19, 2012
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 is
responsible for ensuring That its principals are not suspended,
debarred, or otherwise Ineligible to participate in covered
transactions., To verify the eligibility of its principals. as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.aov/) which is
compiled by the General Services Administration.
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
Participants:
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 participating in
covered transactions 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.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is 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
July 19, 2012
13
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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 its
bid or proposal that the participant 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.
July 19, 2012
14
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which Is, or reasonably may be, done
as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a Job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the Job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service,
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, In his opinion, are not qualified to
perform the classification of work required,
4. If, within one week following the placing of a Job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
RESOLUTION
RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR
CONSIDERATION AND INVESTIGATION OF BID #61300178, BRIDGE 69/380A
FLOOD REPAIRS - DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting
period for Bid Request #B1300178, Bridge 69/380A Flood Repairs, on behalf of the Department
of Public Works, due to a necessary travel corridor and 2013 Flood damage, and
WHEREAS, the Board of County Commissioners deems it advisable to waive the
ten-day waiting period for said bid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the ten-day waiting period for Bid Request #81300178, Bridge
69/380A Flood Repairs, for the Department of Public Works, be, and hereby is, waived.
BE IT FURTHER RESOLVED by the Board that the low bid from Lawrence Construction
Company, in the amount of $1,477,750.00, be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQt/f-r OLORADO
Weld County Clerk to the Board
BY:likeitM,��'f"g�
Deputy Cle to the Board
APP AS
OCT 2 2 2013
Date of signature:
Lcruc
William F. Garcia, Chair
Rademadher, Pro-Tem
can P. Conway
i e Freeman
USED
arbara Kirkmeyer
ee '1I Ar GS1 (7 , 9vJ 2013-2889
PU289
01zZ BC0045
MEMORANDUM
Date: October 10, 2013
To: Trevor Jiricek, Director of General Services
From: Wayne Howard, P.E., County Engineer
RE: Bid Request No. B1300178 Bridge 69/380A
BOCC Approval Date October 11, 2013
Bids were received and opened on October 10, 2013 for contracted construction of Bridge 69/380A
Emergency Flood Repairs. The project was advertised with three options for vendors to bid on which
included completion of the project in 28 calendar days (Option 1), 42 calendar days (Option 2), and 56
calendar days (Option 3). Bids ranged from $1,477,750.00 to $2,172,175.00 with the lowest bid
submitted by Lawrence Construction Company from Littleton, Colorado. The Engineer's Estimate for the
project was $2,035,500.00.
The submitted bids have been reviewed for errors and completeness. I identified a minor math error on
the bid from J-2 Contracting which did not change the ranking of the bidders or the amount of the lowest
bid submitted. No other errors or discrepancies were apparent. The bid tabulation has been submitted for
your information.
The low bid from Lawrence Construction Company from Littleton, Colorado was the lowest bidder and
their bid was submitted only Option 1. Since this bid was the lowest and completes the project in the
shortest duration, it is my recommendation to award the construction contract to Lawrence Construction
Company for a total amount of $1,477,750.00. Lawrence is a well known construction firm and has
successfully worked for Weld County on past projects. They have assured PW that they will begin the
work no later than Monday, October 14, 2013.
Liquidated damages in the amount of $1,600/day will be assessed beyond the 28 calendar day per the
contract specifications.
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwaltersco,weld.co.us
E-mail: reverettco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: OCTOBER 10, 2013
REQUEST FOR: BRIDGE 69/380A FLOOD REPAIRS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61300178
PRESENT DATE: OCTOBER 11, 2013
APPROVAL DATE: OCTOBER 11, 2013 **EMERGENCY**
VENDORS
OPTION #1 OPTION #2 OPTION #3
LAWRENCE CONSTRUCTION CO $1,477,750.00 NO BID NO BID
9002 N MOORE RD
LITTLETON CO 80175
DURAN EXCAVATING INC $1,847,500.00 $1,827,500.00 $1,827,500.00
418 N 9TH AVE
GREELEY CO 80631
J-2 CONTRACTING CO $2,071,265.80 $2,051,265.80 $2,031,265.80
PO BOX 129
GREELEY CO 80632
ROCHE CONSTRUCTORS INC $2,091,622.00 1,979,803.00 $1,979,803.00
361 71 ST AVENUE
GREELEY CO 80634
DON KEHN CONSTRUCTION INC NO BID NO BID $2,172,175.00
6550 SOUTH COUNTY RD 5
FT COLLINS CO 80528
OPTION #1 - PROJECT COMPLETE IN 28 CALENDAR DAYS
OPTION #2 - PROJECT COMPLETE IN 42 CALENDAR DAYS
OPTION #3 - PROJECT COMPLETE IN 56 CALENDAR DAYS
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BID REQUEST NO. B1300178 SET NO.
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
October, 2013
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 11 Street
Greeley, Colorado 80632
970-304-6496
TABLE OF CONTENTS
The following provisions take precedence over Specifications or Plans and supplement the 201 I 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, including all Standard Special Provisions which CDOT has issued.
BIDDING REQUIREMENTS:
*All Bidders must submit these forms at the Bid Opening.
Invitation for Bids 3
Instructions to Bidders 4-6
Bid Proposal
7-8
*Bid Schedule (28 Calendar Days) 9-10
*Bid Schedule (42 Calendar Days) 11-12
*Bid Schedule (56 Calendar Days) 13-14
*Bid Signature Page 15
*Bid Bond 16-17
*IRS Fonn W-9 18
WELD COUNTY CONTRACT FORMS:
**Low Bidder must submit these forms prior to Contract Award.
**Notice of Award 19
**Agreement 20-23
Notice to Proceed 24
Change Order 25
Certificate of Substantial Completion 26
Lien Waiver
27
Final Lien Waiver 28
Notice of Acceptance 29
SPECIAL PROVISIONS
Project Special Provisions 15 Pages
Davis Bacon Wage Rates and FHWA Form 1273 23 Pages
INVITATION FOR BIDS - B1300178
Public Notice is hereby given that Weld County, Colorado, hereinafter referred to as the "County" will receive sealed Bids for
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS. This project will require the Contractor to comply with the current
Davis -Bacon wage rate decision and Federal -Aid Construction Contract Provisions.
The project consists of emergency road and bridge repairs required to return flood damaged areas to pre -flood conditions.
Major bid items include: debris and obstructions removal, excavation and embankment, aggregate base course, hot mix asphalt,
and erosion control,
A mandatory pre -bid conference will be held on Monday, October 7, 2013 at 9:00 AM, at the Weld County Public Works
Department Building. The Public Works Building is located at 11 I 1 H Street in Greeley. Bidders must participate and record
their presence at the pre -bid conference to be allowed to submit bids. A site tour will be conducted after the bid meeting.
Bids will be received up to, but not later than Thursday, October 10, 2013 at 10:00 AM (WELD COUNTY
PURCHASING TIME CLOCK) located at 1150 "O" Street, Greeley, CO. Bids shall be delivered to the Weld County
Purchasing Department, 1150 "0" Street, P.O. Box 758, Greeley, Colorado 80632. Such bids will be publicly opened and read
aloud at the above stated place and time. E -mailed bids or faxed bids may be sent prior to the bid opening to:
mwaltcrs@co.weld.co.us or reverett(a),co.weld.co.us. An e-mail confirmation will be sent when we receive the bid. Bids may be
faxed to (970)-336-7226 attention Purchasing. The bidder must include the following statement on the facsimile, "I hereby
waive my right to a sealed bid". Please call Purchasing at (970)-336-7225 if you have any questions regarding bid
submission procedures.
Each Bid shall be made on the forms included in the Contract Documents and no Bidder may withdraw his Bid for a period of
sixty (60) days from and after the date set for opening of Bids. Each Bid must be accompanied by a Bid Bond on an approved
form in an amount equal to five percent (5%) of the Bid price, made payable to the Board of County Commissioners, County of
Weld, State of Colorado, which shall be considered as liquidated damages and shall be forfeited to the County if said Bid is
accepted and the Bidder fails to execute the Contract and file the required Documents within two (2) days after the acceptance of
the Contractor's Bid by the Board of County Commissioners.
The successful Bidder will be required to furnish, as part of the Contract Documents, an insurance certificate in the amount
specified in the Contract Documents.
The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to
accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado.
Contract Documents may be obtained on or after October 7, 2013 at the Weld County Public Works Department, located at 1111
H Street, Greeley, Colorado 80632, or on the Purchasing Department website.
Weld County, Colorado
By: Trevor Jiricek
Director of General Services
(signed copy on file)
INSTRUCTIONS TO BIDDERS
INTRODUCTORY INFORMATION
1.1 Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract
Documents are defined in the General Conditions.
1.2 Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself
with the Work, the site where the Work is to be performed, local labor conditions and all local, state and
federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. lie shall
carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise
satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid
will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of
this paragraph.
1.3 Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers
ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall
make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda,
duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of
record. Because of the time required to publish and deliver, no interpretation Addenda will be issued within
the last two (2) days before the date set for opening of Bids. The Bidder shall be solely responsible for any
interpretation of the Contract Documents or Drawings other than by duly issued Addenda.
1.4 Insurance Requirements: Unless otherwise noted, the Contractor shall be responsible for meeting the
insurance requirements listed in the CDOT Standard Specifications, Section 107.15.
2. THE BID
2.1 Preparation of the Bid: Bidders arc required to use the Proposal Forms which arc included in this package
and on the basis indicated in the Bid Fonns. The Bid Proposal must be filled nut completely, in detail, in ink
and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a
partner. His title must appear under his signature and the official address of the partnership must be shown
below the signature. Bids by corporations must be executed in the corporate name by the president or a vice
president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal
shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the signature. Names of all persons signing must be printed below their
signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the
Bidder.
2.2 Submission of Bid: Bid Documents and other information shall be sealed in an envelope marked with the
Contract title, the name and address of the Bidder, and addressed to the address designated in the Invitation to
Bid. Deliver sealed Bid to the address designated in Invitation to Bid.
2.3 Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly
executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted
at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by telegraphic
communication at any time prior to the time set for receiving Bids provided the instruction is positively
identified. Any telegraphed modification should not reveal the amended Bid price, but should provide only
the addition, subtraction or modification. A duly executed document confirming the telegraphed modification
shall be submitted within three days after Bids are opened. The Owner may at his sole discretion, release any
Bid at any time.
-4-
3. AWARD AND EXECUTION OF CONTRACT
3.1 Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the
lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. The Owner
intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best
serve its interests. The Owner reserves the right to waive informalities and/or irregularities and to reject any
or all bids.
3.2 Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All
Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The use of
Subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in
the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the
Bid Forms.
3.3 Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the
Certificate of Insurance within two (2) calendar days of receipt of the Notice of Award. The Certificate of
Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the
required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award
and, in the event of such annulment, the Award may then be made to another Bidder, or the Owner may reject
all Bids or call for other Bids. The Owner, within two (2) days of receipt of acceptable signed Contract from
the successful Bidder will issue the Notice to Proceed.
4. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND
Not applicable.
5. INDIRECT COSTS
5.1 Governmental Fees: The cost of all construction licenses, building and other permits, and governmental
inspections required by public authorities for performing the Work, which are applicable at the time Bids are
opened and which are not specified to be obtained by the Owner, shall be included in the Bid price.
5.2 Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and
incorporated in the Work shall be included in the Bid price.
5.3 Tests and Inspections: Tests, inspections and related activities called for throughout the Bid Documents are a
responsibility of the Contractor unless specified otherwise. The Bid prices shall include all costs arising from
such responsibility.
5.4 Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water,
sanitary, gas, telephone, and similar facilities and services required by him in performing the Work.
5.5 Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and
profits on account of cash allowances named in the Bid Documents.
6. SITE CONDITIONS
6.1 Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the
following:
6.1.1 Nature and location of the site where the Work is to be performed.
6.1.2 Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to
be encountered.
6.1.3 Character of construction equipment and facilities needed for performance of the Work.
6.1.4 General local conditions.
5
6.2 Access to the Site: The Bidder shall carefully review the bid documents and the Project Special Conditions
for provisions concerning access to the site during performance of the Work. The Bidder shall carefully
review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as
deemed necessary, for access to property outside of County Right of Way, prior to beginning the work.
7. CONTRACTOR HIRING PRACTICES — ILLEGAL ALIENS
Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et
seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or
enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents,
warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the
Basic Pilot Employment Verification Program administered by the Social Security Administration and Department
of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-I02(2)(b). Contractor
shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the
Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this
provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall
he liable for actual and consequential damages to Contractor.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives
federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18)
years of age or older is lawfully present in the United States pursuant to C.R.S. 24.76.5-103(4) if such individual
applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor. it hereby
swears or athrms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present
in the f inited States pursuant to federal law, (b) shall produce one or the forms of identification required by C.R.S.
24-76.5-I01, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior
to the eflcctive date of this Contract.
6
BID PROPOSAL
To: Weld County Purchasing Department
P.O. Box 758, 1150 "O" Street
Greeley, Colorado 80632
Attention: Trevor Jiricek, Director of General Services
Bid Proposal for: BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
PROPOSAL
The project consists of road and bridge repairs required to return flood damaged areas to pre -flood conditions. Major bid items
include: debris and obstructions removal, excavation and embankment, aggregate base course, hot mix asphalt, and erosion
control.
Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and
materials and to perform all Work required for the complete and prompt execution of everything described or shown in or
reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for
the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The
amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and
equipment, labor and materials and other incidental costs.
The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld
County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -
Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a
purpose stated in Section 39-26-1 14, CRS, and is free front Colorado State Sales Tax.
EXAMINATION OF DOCUMENTS AND SITE
The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the
site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be
executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting
performance of the Work.
PROPOSAL GUARANTEE
This Bid Proposal is accompanied by the required Bid Bond of live percent (5%) based upon the Total Cost of all items required
to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the
opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which
event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the
required Certificates of Insurance.
TIME OF COMPLETION
The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the
Project Special Conditions after the issuance of the Notice to Proceed subject to the Articles on Time for Completion and
Liquidated Damages of the General Conditions of the Contract.
EXECUTION OF DOCUMENTS
The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required
Insurance Certificates within two (2) days from the date of Notice of Award.
METHOD OF AWARD
The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the
Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that
should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid
or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price.
All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control.
All mathematics will be checked and the correct total used for determining the low bidder.
ITEM 28 CALENDAR DAYS
BID
NO. BID SCHEDULE UNIT QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE TOTAL PRICE
ITEM DESCRIPTION (DOLLARS) (DOLLARS)
DEBRIS AND OBSTRUCTIONS
202 REMOVAL CY 1.000 $ $
202 REMOVAL OF ASPHALT MAT SY 5.000 $ $
202 SAWCUTTING ASPHALT MAT LF 2,500 $ $
203 UNCLASSIFIED EXCAVATION CY 20,000 $ $
203 MUCK EXCAVATION CY 2.000 $ $
EMBANKMENT (GIP) (R = 20
203 MINIMUM) CY 40,000 $ $
203 PROOF ROLLING HOUR 40 $ $
203 UTILITY POTHOLING HOUR 40 $ $
203 BACKHOE HOUR 80 $ $
203 BLADING HOUR 80 $ $
STRUCTURE BACKFILL
206 (FLOW -FILL) CY 100 $ $
207 TOPSOIL (IMPORT) CY 2.000 $ $
208 EROSION LOG (12 INCH) LF 2 000 $ $
208 SILT FENCE LF 5,000 $ $
TURF REINFORCEMENT MAT
216 (CLASS 1) SY 2,000 $ $
UNIT PRICE (WRITTEN WORDS) UNIT PRICE TOTAL PRICE
(DOLLARS) (DOLLARS)
O
O
O
O
O
O
O
r
•
O
O
O
O
O
uC)
N
•
O
O
a
O
O
6
r
x
ER
fA
69
EA
EA
EA
49
69
ER
EA
69
EH
*100,000.00
*25.000.00
0
O
O
O
O
6
I
•
EA
U)
ER
EA
to
ER
69
to
EAI
EAI EA
to
ONE HUNDRED THOUSAND AND 00/100
DOLLARS
TWENTY FIVE THOUSAND AND 00/100
DOLLARS
700 F/A EROSION CONTROL FA 1 TEN THOUSAND AND 00/100 DOLLARS
BID
QUANTITY
0
0
0
O
500
0
0
to
N
0
0
0
U5
0
0
0
N
0
0
0
r
r
,
,
.-
H
Z
Z
0
Z
0
Z
0
c
AS
AD
EACH
LS
LS
L
LL
28 CALENDAR DAYS
BID SCHEDULE
ITEM DESCRIPTION
AGGREGATE BASE COURSE
(CLASS 6) (R=69 or greater)
HMA (GRADE S) (100)
(PG64-22)
HMA - PATCHING (GRADE S)
(100) (PG64-22)
GEOGRID (SUBGRADE
STABILIZATION)
GEOTEXTILE (SEPARATOR)
RIPRAP (12 INCH)
SANITARY FACILITY
CONSTRUCTION SURVEYING
2
0
F-
_
ai
0
2
F/A MINOR CONTRACT
REVISIONS
F/A DEWATERING
H Z
304
403
0
420
420
in
620
625
626
N
N
*INCLUDE ALL FORCE ACOUNT ITEMS IN BID. 28 CALENDAR DAYS TOTAL BID (Dollars)
0
i.-4
0
O
O
m
J
O
f —
U,
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0
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2
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-J
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W
C
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2
N
1 TOTAL PRICE
(DOLLARS)
69
69
69
64
co
di
69
69
69
EA
69
(A
69
EA
69
UNIT PRICE
(DOLLARS)
69
69
V)
S
CO
CA
69
CO
EA
EA
CA
CO
V)
EA
fA
UNIT PRICE (WRITTEN WORDS)
208 SILT FENCE LF 5,000
TURF REINFORCEMENT MAT
216 (CLASS 1) SY 2,000
BID
QUANTITY
O
0
5,000
2,500
0
N
0
0
N
O
o
V
Q
0
0�
o
N
o
N
F
z
AD
AD
AO
AS
AD
CC
7
0
CC
0
=O
CC
0
0
TM
AD
af1OH
CY
LF
56 CALENDAR DAYS
BID SCHEDULE
ITEM DESCRIPTION
DEBRIS AND OBSTRUCTIONS
REMOVAL
REMOVAL OF ASPHALT MAT
SAWCUTTING ASPHALT MAT
UNCLASSIFIED EXCAVATION
MUCK EXCAVATION
EMBANKMENT (CIP) (R = 20
MINIMUM)
PROOF ROLLING
UTILITY POTHOLING
BACKHOE
BLADING
STRUCTURE BACKFILL
(FLOW -FILL)
TOPSOIL (IMPORT)
EROSION LOG (12 INCH)
f- Z
N
N
N
N
N
N
M
N
M
N
M
N
203
203
203
CO
N
N
206
207
208
Hl
10
O
En'
J
Q
H
O
>-
U)
Q
Q
❑
2
W
J
Q
U
co
U)
0
z
2
w
F -
z
O
0
Q
W
O
Ct
J
J
Q
w
C
J
z
Z
v
NOTE: The following are items of work to be completed by Weld County (or their representative):
• Materials Quality Acceptance Testing
• Construction Inspection
• Traffic Control
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other
Contract Documents.
Addendum No(s).
Dale: I3y:
Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule.
Payment will be based on the Lump Sum price or the actual quantities famished, installed or constructed.
SIGNATURES:
Dated this day of , 2013.
FIRM NAME:
BY:
TITI.E:
BIDDER'S LEGAL SIGNATURE:
STATE OF INCORPORATION:__
ADDRESS:
TELEPHONE NO: FAX NO:
ATTEST (SIGNATURE):
- 15 -
BID BOND
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
KNOW ALL MEN BY THESE PRESENTS that
as
Principal, and as Surety, are hereby held and
firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of
Dollars (5 ),
lawful money of the United States of America, for the payment of which sun well and truly to he made, we bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated
2013 for the BRIDGE 69/380A EMERGENCY FLOOD
REPAIRS as set out in the accompanying Bid.
WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a
certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for
said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is
to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the
principal's failure to perform.
NOW THEREFORE, if the principal shall, within the period specified therefor:
A. On the attached prescribed fors presented to him for signature, enter into a written Contract with the Owner in
accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be
required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said
Contract, or
B. Withdraw said Bid within the time specified, or
C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation
shall be void and of no effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several
seals this day of 2013 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative
pursuant to authority of its governing board.
ATTEST:
By:
ATTEST:
By:
Principal
Address
By:
Surety
Address
- 16 -
INSTRUCTIONS
1.1 The full firm name and residence of each individual party to the bond must be inserted in the first paragraph.
1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which
must recite that they are partners composing the partnership (to be named), and all partners must execute the
bond as individuals.
1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the
bond must be executed under the corporate seal of said party attested by its secretary or other authorized
officer.
1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or
surety.
1.5 A standard printed bond fonn may be used in lieu of the foregoing form provided that the security stipulations
protecting the Owner are not in any way reduced by use of such standard printed bond form.
_17_
Form IN
(Rev. October 2007)
[etaimMl Or a» Tracery
Iry ter nev... an.n:•
-9
Request for Taxpayer
Identification Number and Certification
Give fart to the
requester. Do not
send to the IRS.
cY
m
a
5
Nome (as *harm on your Income tax return)
Business name. it different tram above
Crack cpproprlote boxy LJ lnaalduaueole propriety LJ Corporation fJ Parbsorctp
❑ Limited foblity company Enter the to dassifcation lD dlaregerded entity, Cecorporation, Pyytnaehip) ► .
i 1 Ctnr ere mt9.c:mc ►
Address (number. street. and apt or wits no.)
Ley, mate, ono ZID coda
❑ Exempt
payee
Requester'* name end address (optiaw)
List account nvnber(at here mptenee
Part I
Taxpayer Identification Number (TIN)
Enter your TIN lit the appropriate box. The TIN provided must motch the nano given on Unto 1 to avoid Sodai enyeny ^Lo her
backup withholding For individuals. this is your social security number (SSN). However. (or a resident
alien. solo proprietor, er drerenardod entity. Coo to Pan I Instruction on page 3 For other entitles. It le
your employer Idenlilicalim number (FIth. II you do not have a number. seeHov to got a TIN on page 3. or
Note. If the account is In mote than one name. see the chart on page 4 for guidelines on whose I Employer Identification number
number to enter,
Part II
Certification
Under penalties of perjury. I certify that:
1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup ventilate -Wig because. (a) I an exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) Mat I sin subject to badetp withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup vent ending. and
3. I em a U.B. citizen or other U.S. pawn (dotted below).
Certification Instructions. You must cross out item 2 above it you have been nailed by the IRS that you are currently subject to backup
wlthhdding because you have failed to report aL Interest and elvdende on your tax return. For real estate transactions, Item 2 does not apply
For mortgage interest paid, twshmelicn or abendonnent of secured property. canceiiatlon of debt, contributions to an individual retirement
Arrangement IRA). and generally payments other than Interest and dividends, you are not required to sign the Certification, but you must
promdo you camel 1114 See the instructions on page 4.
61911 Signature of
Here us. porcon ►
General instructions
Section references are to the Internal Revenue Code unless
otherwise rated.
Purpose of Form
A person who i9 required to hie tin mtcrrrntion return vrdit the
IRS must obtain your correct taxpayer Identification number (TIN)
to report. fa example. Income paid to you real astute
transactions. mortgage interest you paid. acquisition or
abandonment of scoured property. cancellation of debt. or
contributions you made to an IRA
Use Form W-9 only if you are a US. person (Including a
resident allen). to provide your correct TIN to the person
requesting It (the requester) and. when applicable. to:
1 Certify that the 71N you are giving is correct (a you are
wafting for a number to be Issued).
2. Certify that you are not subjod to backup withholding. or
3 Claim exemption front backup wIthhw!ding it you are a U S
exempt payee If applicable. you are also certifying that as a
U.S. person, your allocable share of any partnership income nom
a U.S trade a business is not subject to the withholding tax on
foreign palmate' shore of effectively connected Income
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's fam If ft is
substantially similar to this Form W-9.
Data Jr
Detnitlon of a U.S. person. For federal tax purposes, you are
considered a U.S. person It you are:
• An individual who's a U.S. citizen Of U. 5. resident alien.
• A partnership, corporation, company, or association created or
organized In the United States or under the laws of the United
Slates,
• An estate (other than a foreign estate). or
• A domestic trust (as donned In Regulations section
301.7701-7),
Special rules for partnerships. Partnerships that conduct a
trade a business In the United States are generally requred to
pay a withholding tax on any foreign partners' share of Intorne
from such business Further, In certain cases where a Form W-9
has not been received. a partnership Is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore. If you are a U.S. person that Ls a partner In a
partnership conducting a bade or business in the Unclad Stales.
provide Form W-9 to the partnership to establish your U.9
status and avoid withholding on your share of partnership
income
The parson who gees Form W-9 to the partnership for
purposes of estadMhing as U.S *talus and avoiding withholding
en Ms allocable share of net Income front the partnership
conducting a trade or business in the United States is in the
following cases
• The U.S. owner of a disregarded entity and not the entity,
Cat.No. 10291x Form W-9 (Rev.10.2007)
-IS-
NOTICE OF AWARD
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
To:
Project Description:
The project consists of road and bridge repairs required to return flood damaged areas to pre -flood conditions. Major bid items
include: debris and obstructions removal, excavation and embankment, aggregate base course, hot mix asphalt, and erosion
control.
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 $ or as shown in the Bid Schedule.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required Certificates of Insurance within
two (2) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Certificate of Insurance within two (2) 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 arc required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this
day of , 2013
Weld County, Colorado, Owner
By
Michael Bedell, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this
day of .2013
By: Title:
_19_
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT is made and entered into this day of , 2013, by and between
the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as
"County," and , [an individual], [a limited liability partnership] [a limited liability
company] [a corporationjwhose address is
hereinafter referred to as "Contractor".
WITNESSETH:
SETH:
WHEREAS, County requires the construction services of an independent contract construction
professional to perform the following "Construction Services: BRIDGE 69/380A EMERGENCY FLOOD
REPAIRS described in the Invitation for Bid No. B 1300178; those services are more specifically listed in the
Contract Documents enumerated below, particularly Documents A, B, and C, copies of which are attached
hereto and made a part hereof as Exhibits A, B, and C, and
WHEREAS, Contractor is able and willing to perform the required Construction Services, according to
the terms of this Agreement and pursuant to the Contract Documents:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Form FHWA 1273 Required Contract Provisions (attached)
(F) Required Project Forms
(G) Agreement
(H) N/A
(I) N/A
(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:
(T) Davis Bacon Wage Rates
- 20 -
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
TERM: The term of this Agreement shall be from the date of the execution of this Agreement, through
and until the Notice of Acceptance. Contractor shall commence construction services within two (2)
days following the execution of this Agreement. This Agreement may be extended upon mutual
written agreement of the parties. No changes in compensation for extension terms shall he made,
unless specifically agreed to in writing by the parties.
SERVICES PROVIDED BY CONTRACTOR: Contractor agrees to perform the Construction
Services described in the Contract Documents and comply with the terms therein for the total
compensation of and no/100 Dollars ($ ), as set forth
in Contractor's bid proposal (Exhibit C)
COMPENSATION: County agrees to pay Contractor for all services performed hereunder as follows:
Contractor shall be paid in accordance with the terms of the Contract Documents.
INDEPENDENT CONTRACTOR: Contractor agrees that it is an independent contractor and that
neither Contractor's officers, nor employees will become employees of County, nor entitled to any
employee benefits from County as a result of the execution of this Agreement.
INDEMNIFICATION. DESIGN AND INSURANCE: Contractor shall be responsible for the
professional quality, technical accuracy, timely completion and the coordination of all services
rendered by Contractor and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies. Contractor shall indemnify and save harmless County, its
officers, and employees, from suits, actions, or claims of any type or character brought because of any
and all injuries or damage received or sustained by any person, persons, or property on account of the
operations of the Contractor; or failure to comply with the provisions of the Contract; or on account of
or in consequence of neglect of the Contractor in safeguarding the work; or through use of
unacceptable materials and/or materials not identified in the Contract Documents in constructing the
project; or because of any act or omission, neglect, negligence or misconduct ofContractor; or because
of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless
the design, device, material or process involved is specifically required by the Contract documents; or
from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law.
ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this
Agreement as may be determined by it to be in the public interest. Contractor shall obtain, and
maintain at all times during the term of this Contract, insurance in the following kinds and amounts:
a. Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of Contractor's employees acting within the course and scope of their
employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent Contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows:
-21-
i. $1,000,000 each occurrence;
ii. $2,000,000 general aggregate;
iii. $2,000,000 products and completed operations aggregate;
iv. $50,000 any one fire; and
v. $500,000 errors and omissions.
NON -ASSIGNMENT: Contractor may not assign or transfer this Agreement, any interest therein or
claim thereunder, without the prior written approval of County.
ACCESS 1'O RECORDS: County shall have access to Contractor's financial records for the purposes
ofaudit. Such records shall be complete and available for audit 90 days after final payment hereunder
and shall be retained and available for audit purposes for at least five years after final payment
hereunder.
TERMINATION: Either party may terminate this Agreement at any time by providing the other party
with a 10 -day written notice thereof Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement.
TIME OF TILE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement.
ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding
between the parties with respect to the promises and covenants made therein. No modification of the
terms of this Agreement shall be valid unless made in writing and agreed to by both parties.
NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on
the part of County to expend funds not otherwise appropriated in each succeeding year.
WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities of County or its officers or employees may possess,
nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any
persons other than County and not a party to this Agreement.
COUNTY' REPRESENTATIVE: County may designate, prior to commencement of work, its project
representative ("County Representative") who shall make, within the scope of his or her authority, all
necessary and proper decisions with reference to the project. All requests for contract interpretations,
change orders. and other clarification or instruction shall be directed to County Representative.
ACCEPTANCE NOT WAIVER: County's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve Contractor
of responsibility for the quality or technical accuracy of the work. County's approval or acceptance of,
or payment for, any of the services shall not be construed to operate as a waiver of any rights or
benefits provided to County under this Agreement.
OWNERSHIP: All work and information obtained by the Contractor under this Agreement or
individual work order shall become the property of the County. This includes, but is not limited to,
reports, data, plans, drawings, records and computer files.
- 22 -
COMPLIANCE Will I DAVIS-BACON WAGE RATES: Contractor understands and agrees that the
work shall be in compliance with the Davis Bacon Wage Rates, (a copy of which is attached hereto as
Exhibit T and made a part hereof by this reference).
CONIPI.IANCE WiltI COLORADO DEPARTMENT OF TRANSPORTATION ("CDOE')
REGULATIONS AND STANDARDS The work performed by Contractor pursuant to this
Agreement shall comply with all current CDOT Standard Specifications for Road and Bridge
Construction and the latest CDOT M & Standards.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
. 2013.
CONTRACTOR:
By:
Name:
Title:
COUNTY:
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
Date
COUNTY OF WELD, a political
subdivision of the State of Colorado
By:
William F. Garcia, Chairman
Board of County Commissioners of the
County of Weld
- 23 -
NOTICE TO PROCEED
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
To:
Date:
Name of Project: BRIDGE 69/380A FLOOD REPAIRS, Bid No. B1300178. You are hereby notified to commence Work in
accordance with the Agreement dated
The Contract Time allowed in the Agreement is CALENDAR DAYS. The substantial completion date for all Work
is therefore approximately
Weld County, Colorado, Owner
By:
Michael Bedell, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Dated this _ day of 2013.
By
Title
- 24 -
CHANGE ORDER NO. (EXAMPLE)
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
Date:
Project: BRIDGE 69/380A EMERGENCY FLOOD REPAIRS, Bid No. 81300178.
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 working days.
The date for completion of all Work will be:
RECOMMENDED:
Owner Representative:
Engineer:
APPROVALS:
Contractor:
Owner:
William F. Garcia (Chair)
- 25 -
Date:
Date:
Date: _
Date:
CERTIFICATE OF SUBSTANTIAL COMPLETION
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
Owner's Project No: EM-BR69/380A
Engineer's Project No: EM-BR69/380A
Project: BRIDGE 69/380A EMERGENCY FLOOD REPAIRS Bid No. 131300178
Contractor:
Contract For: Construction
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 7 calendar days of the above date of Substantial
Completion.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner: Date:
Engineer: Date:
Contractor: Date:
- 26 -
LIEN WAIVER (GENERAL CONTRACTOR)
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
TO: Weld County Public Works
Attn: Michael Bedell, P.E., Senior Engineer
P.O. Box 758
Greeley, Colorado 80632
Gentlemen:
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: BRIDGE 69/380A EMERGENCY FLOOD REPAIRS, Bid No. B1300178
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.
Contractor
By:
Title:
Date:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day
of ,2013 by
My commission expires:
Notary Public _
- 27 -
FINAL LIEN WAIVER (SUBCONTRACTORS)
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
To All Whom It may Concern:
WHEREAS, the undersigned has been employed by (A)
to furnish labor and materials for (B)
work,
under a contract (C)
for the improvement of the premises described as (D)
County of , Slate 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.
(Affix Corporate seal here)
INSTRUCTIONS FOR FINAL WAIVER
(F)
(SEAL)
(Name of sole ownership, corporation or partnership)
(SEAT,)
(Signature of Authorized Representative)
fitic:
(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.
- 28 -
NOTICE OF ACCEPTANCE
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
TO: Date:
RE: BRIDGE 69/380A EMERGENCY FLOOD REPAIRS, Bid No. B 1300178.
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
Weld County, Colorado, Owner
By:
Michael Bedell, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Acceptance is hereby acknowledged by
(Contractor)
Dated this day of 2013.
- 29 -
Project Number EM-BR69/380A October 2, 2013
WELD COUNTY
BRIDGE 69/380A EMERGENCY FLOOD REPAIRS
The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction,
including all applicable Standard Special Provisions control construction of this project. The following special
provisions supplement or modify the Standard Specifications and take precedence over the Standard
Specifications and plans.
PROJECT SPECIAL PROVISIONS
Index Pages
Notice to Bidders and General Notes
Commencement and Completion of Work
Revision of Section 105 — Claims for Contract Adjustment
Revision of Section 107 — Legal Relations and Responsibility
Revision of Section 109 - Measurement and Payment
Revision of Section 202 — Asphalt Mat
Revision of Section 203 — Excavation and Embankment
Revision of Section 304 - Aggregate Base Course
Revision of Section 403 - Hot Mix Asphalt
Revision of Section 403 - Hot Mix Asphalt Ticket Collection
Revision of Section 625 —Construction Surveying
Force Account Items
(October 2, 2013) 1
(October 2, 2013) 2
(October 2, 2013) 3
(October 2, 2013) 4
(October 2, 2013) 5
(October 2, 2013) 6
(October 2, 2013) 7
(October 2, 2013) 8
(October 2, 2013) 9
(October 2, 2013) 10-12
(October 2, 2013) 13
(October 2, 2013) 14
(October 2, 20 I 3) 15
Project Number EM-BR69/380A October 2, 2013
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the
Contractor's total bid.
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site
and plan details. Information regarding the project may be obtained from the following authorized representatives.
Michael Bedell, P.E. Senior Engineer
Weld County Public Works Department
1111 H. Street
Greeley, CO 80632
Office Phone: (970) 304-6496, extension 3706
-OR-
Wayne Howard, P.E. County Engineer
Weld County Public Works Department
1 1 1 1 H. Street
Greeley, CO 80632
Office Phone: (970) 304-6496, extension 3788
The above referenced individuals are the only representatives of the Department with authority to provide any
information, clarification, or interpretation regarding the plans, specifications, and any other contract documents
or requirements.
GENERAL NOTES
• The unit weight used for calculating aggregate base course bid quantities is 133 pounds per cubic foot.
• The unit weight used for calculating hot mix asphalt bid quantities is 150 pounds per cubic foot.
• All imported embankment material shall have a minimum R -Value of 20.
• All imported aggregate base course shall have a minimum R -Value of 69.
• The Contractor shall be required to maintain drainage during the work. Any rework of materials due to
lack of this maintenance shall be repaired at the Contractor's expense.
• Removal items shall be verified by the Inspector prior to their removal from thejobsite.
• Weld County will be responsible for traffic control, signing, and striping required.
• The Contractor shall verify and document the condition of existing utilities with the Project Inspector and
the utility owner prior to commencing work.
2
Project Number EM-BR69/380A October 2, 2013
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 2nd day following the date of award
unless such time for beginning the work is changed by the County in the "Notice to Proceed."
The Contractor shall complete all work within the calendar days in accordance with the "Notice to
Proceed." The Contract Time will depend on which Bid Schedule is awarded to the Contractor (28
calendar days, 42 calendar days, or 56 calendar days).
Salient features to be shown on the Contractor's Progress Schedule are:
(1) Removal of Debris and Obstructions
(2) Roadway Rough Grading
(3) Roadway Surfacing
(4) Guardrail, Topsoil and Final Grading
(5) Site Cleanup and Punch List
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule.
3
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Sections 105 of the Standard Specifications are hereby revised for this project as follows:
In subsection 105.21, shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution for any claims filed by
the contractor.
Contract claims will follow the appropriate procedures of Subsection 105.21 except that all claims will be
handled by Weld County. The Weld County Attorney shall be the designated authority associated with
the resolution for any claims filed by the Contractor. The following terms shall be defined as follows:
Project Engineer shall be Weld County Public Works, acting directly or its duly authorized
representative.
District Engineer shall be Weld County Public Works, acting directly or its duly authorized
representative.
Chief Engineer shall be Weld County Public Works, acting directly or its duly authorized
representative.
4
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.06 shall be revised to include the following:
The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of
the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his health or safety, as determined under construction safety and health standards (Rules and
Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended).
All facilities and work conditions shall comply with Colorado and local Health Department Regulations and
with OSHA requirements.
Subsection 107.17 - Delete the fourth paragraph beginning with "Loss, injury, or damage to the contract work..."
and replace with the following:
Loss, injury or damage to the work due to unforeseeable causes beyond the control of and without fault or
negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or
other cataclysmic phenomenon of nature shall be restored by the Contractor at no cost to the County.
Subsection 107.17 shall be revised to include the following:
The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are
not limited to: flood, high groundwater and fluctuations in flows. The Contractor shall be responsible for
constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of
channel flows. In no case will the cost of constructing and maintenance of these facilities be paid for
separately, such work shall be incidental to the cost of other items. The cost of dewatering shall be incidental
to other items, and will not be paid for separately.
Subsection 107.25 — The Contractors attention is directed to this subsection. The requirements as called out in
this subsection will be strictly enforced.
5
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 Partial Payments, (a) Standard Amount Retained, shall be revised as follows:
Delete the second sentence beginning with "The amount retained...", and replace with the following:
The amount retained will be 10% of the value of the completed work, to a maximum of 5% of the original
contract amount.
Subsection 109.07 Payment for Material on Hand (Stockpiled Material) shall be deleted and replaced with the
following:
Partial monthly payments to the Contractor for completed work will include payment only for materials actually
incorporated in the work unless otherwise approved by the Engineer.
6
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for the project as follows:
In subsection 202.01, add the following:
This work includes removal, and disposal of the existing asphalt mat within the project limits as shown on the
plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat, which is estimated to vary in thickness from 4 inches to 6 inches thick, shall be saw -cut
and removed. The removed asphalt shall become the property of the Contractor and be disposed of by any one of
the following described methods:
1.) Milled and chunks used as embankment construction in accordance with subsection 203.06.
2.) Milled and chunks used in bottom of fills outside the roadway prism as approved by the Engineer.
3.) Removed from the project and disposed of by the Contractor.
Note: Plan quantities do not include the reuse of the existing asphalt mat as described in methods I and 2. If the
Contractor chooses methods I or 2, no adjustments to excavation or embankment quantities will be made.
7
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.03(a), first paragraph after the second sentence add the following:
All embankment material shall consist of material that is essentially a granular soil with a minimum "R"
value of 20. The source of borrow material is not designated. The Contractor shall not obtain borrow
material, other than that developed on the site, from more than one source without the written approval of
the Engineer.
The Contractor shall furnish evidence that the borrow material from the site or other sources, for use in
the roadway embankment, meets the above requirements and shall pay for such tests as may be required
to show compliance. All material shall be sampled and tested in accordance with the appropriate
Colorado Department of Transportation or AASI-ifO procedures.
Subsection 203.14 shall be revised to include the following:
Delete the fifth and sixth paragraphs beginning with "Excavated materials which..." and "Payment for..."
respectively, and replace with the following:
Payment for Embankment Material and Unclassified Excavation shall be full compensation for all work
necessary to complete the item including construction ofembankments, borrow, compaction. scarification
and compaction of bases of cuts and fills, stripping, haul, wetting, drying and disposal of excess
excavated material.
All material removed during excavation and not reused shall become the property of the Contractor and disposed
of off the site, or as directed by the Engineer. Haul for disposing of removed materials will not be paid for
separately, but shall be included in the work.
8
Project Number FM-BR69/380A October 2, 2013
REVISION OF SECTION 304
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised for this project as follows:
Subsection 304.02 shall include the following:
Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03
Aggregate Base Course (Class 6) must meet the gradation requirements and have a resistance value of 69 or
greater when tested by the Hveem Stabilometer method.
For plan quantities of aggregate base course the following unit weight of material was used: 133 pounds per
cubic foot. No allowances shall be made for shrinkage, swell, or subsidence due to compaction of the existing
ground or any other losses. The Contractor shall be aware that the plan quantities were based upon the assumed
unit weight. The Contractor's bid unit cost shall account for differing application rates or in -place densities for
the materials he intends to furnish to the project. Final quantities (tons) will be adjusted based upon the unit
weight of the material supplied. The Inspector will verify placed quantities from delivery tickets furnished by the
supplier.
9
Project Number EM-BR69/380A
REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
October 2, 2013
Property
Test
Method
Value For Grading
Patching
S(100)
Air Voids, percent at:
N (design)
CPL 5115
3.5-4.5
3.5-4.5
Lab Compaction (Revolutions):
N (design)
CPL 5115
100
100
Stability, minimum
CPL 5106
28
28
Aggregate Retained on the 4.75
mm (No. 4) Sieve with at least 2
Mechanically Induced fractured
faces, % minimum
CP 45
60
60
Accelerated Moisture Sus-
ceptibility Tensile Strength Ratio
(Lottman), minintmn
Method B
80
80
Minimum Dry Split Tensile
Strength, psi
CPL 5109
Method B
30
30
Grade of Asphalt Cement, Top
Layer
PG 64-28
PG 64-28
Grade of Asphalt Cement, Layers
below Top
PG 64-28
PG 64-28
Voids in the Mineral Aggregate
See Table
See Table
(VMA) % minimum
CP 48
403-2
403-2
Voids Filled with Asphalt (VFA),
o/
Al MS -2
65-80
65 - 80
Dust to Asphalt Ratio
Fine Gradation
CP 50
oe-12
Q_6-1.2
Coarse Gradation
(1H- 6
0.8 — 1.6
Note: Al MS -2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
Note: Mixes with gradations It ving less than 40% passing the 4.75 mm (No. 4) sieve shall be
approached with caution because of constructability problems.
Note: Gradations for mixes wi h a nominal maximum aggregate size of one -inch or larger are
considered a coarse gradation if they pass below the maximum density line at the #4 screen.
Gradations for mixes with a nominal maximum aggregate size of/. inch or smaller are
considered a coarse gra( ation if they pass below the maximum density line at the #8 screen.
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to
1.0 percent below the mix design optimum.
10
Project Number EM-BR69/380A
REVISION OF SECTION 403
HOT MIX ASPHALT
TABLE 403-2
October 2, 2013
Minimum Voids in the Mineral Aggregate (VMA)
Nominal
***Design Air Voids **
Maximum Size*,
mm (inches)
3.5%
4.0%
4.5%
37.5 (1'//)
11.6
11.7
11.8
25.0(I)
12.6
12.7
12.8
19.0 ('A)
13.6
13.7
13.8
12.5 ('h)
14.6
14.7
14.8
9.5 (M)
15.6
15.7
15.8
* The Nominal Maximum Size is defined as one sieve larger than the
first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids between those
listed.
*** Extrapolate specified VMA values for production air voids beyond
those listed.
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA.
This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the
Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be
corrected before paving operations will be allowed to resume.
The hot mix asphalt shall not contain more than 25% reclaimed asphalt pavement.
Hot mix asphalt for patching shall conform to the gradation requirements for Plot Mix Asphalt (Grading S).
A minimum of 1 percent hydrated lime by weight of the combined aggregate shall he added to the aggregate for
all hot mix asphalt.
Acceptance samples shall be taken according to CP-41.
II
Project Number EM-BR69/380A October 2, 2013
-3-
REVISION OF SECTION 403
HOT MIX ASPHALT
Subsection 403.03 shall include the following:
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations
end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress
Schedule shall show the methods to be used to comply with this requirement.
Delete subsection 403.05 and replace with the following:
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Grading S) (100) (PG 64-28) Ton
Hot Mix Asphalt — Patching Ton
Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot
mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item
includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be
included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured
and paid for in accordance with Section 41 I . Asphalt cement used in Hot Mix Asphalt (Patching) will not be
measured and paid for separately, but shall be included in the work.
12
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 403
HOT MIX ASPHALT TICKET COLLECTION
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.05 shall include the following:
The Contractor shall collect the scale ticket on each load when it is delivered to the project site, and ensure
that the information required in subsection 109.01 is shown on each ticket:.
The scale tickets shall be available on -site for the project inspector's examination.
Each day the Contractor shall provide to the Engineer envelopes which contain the previous day's signed
tickets and the following:
1. On each envelope: Project number, sub account number, date of placement, type of material, daily
total, cumulative total, ticket numbers, stationing, envelope number, and signature of person calculating
totals.
2. One of the following:
A. Two adding machine tape tabulations of the weight tickets with corresponding totals run and signed
by different persons,
B. One signed adding machine tape tabulation of the weight tickets that has been checked and signed
by a second person,
C. Signed check tape of computer scale tickets that have a cumulative total. These scale tickets must
be consecutive and without voids adjustments.
D. Excel spreadsheet provided to the Contractor by the Engineer, initialed by person entering tickets
into spreadsheet and one person checking the entries.
3. A listing of any overweight loads or voided tickets on the envelope, including ticket numbers and
amount over legal limit, or reason for voiding.
4. On each ticket: First and last tickets shall he signed by the ticket taker and all other tickets shall be
initialed by the ticket taker, who shall neatly annotate the ticket with the stationing, lane and direction
of material placed.
The Contractor shall provide a vehicle identification sheet that contains the following information for each
vehicle:
1. Vehicle number
2. Length
3. Tare weight
4. Number of axles
S. Distance between extreme axles
6. All other information required to determine legal weight.
7. Legal weight limit.
13
Project Number EM-BR69/380A October 2, 2013
REVISION OF SECTION 625
CONSTRUCTION SURVEYING
Section 625 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 625.01 shall be deleted and replaced with:
This work shall consist of performing construction surveying, calculating, layout and staking necessary
for the construction.
All other construction surveying staking necessary for the project shall be provided by and at the expense
of the Contractor who shall subcontract with a surveyor or otherwise provide for such Work. Copies of
any and all field notes taken during staking work by the Contractor shall be submitted to the Engineer for
his review. The Engineer reserves the right to make independent checks of any and all staking performed
by the Contractor at any time and shall have the authority to require that certain staking be removed and
replaced where its accuracy is in doubt.
Subsection 625.03 shall be deleted and replaced with:
The purpose of construction surveying is to return the damaged roadway to the grades and
elevations which existing prior to the flooding (as closely as possible). The other main goal of the
construction surveying is to give the Contractor enough information to ensure the final grades will
drain properly.
The Contractor shall check all established control points, and verify and document their accuracy, prior to using
them for construction surveying control.
14
Project Number EM-BR69/380A October 2, 2013
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Division's estimate for force account items included in the Contract. Force
Account work shall be performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force Account Item
F/A Minor Contract Revisions
F/A Dewatering
F/A Erosion Control
Force Account Item Descriptions:
Unit
F.A.
F.A.
F.A.
Estimated
Amount
$100,000
$25,000
$10,000
F/A Minor Contract Revisions - This work consists of minor work authorized and approved by the Engineer, which is
not included in the contract drawings or specifications, and is necessary to accomplish the scope of work of this
contract.
F/A Dewatering — This work consists of work required to dewater embankment and fill areas prior to placing
materials. This includes costs related to temporary pumps, hoses, culverts, coffer dams, and benns. The Contractor
shall consult with the Project Inspector on which methods are suitable, the costs involved shall be tracked and charged
against this force account bid item.
F/A Erosion Control - This force account is to pay for best management practices as determined by the Contractor's
Erosion Control Supervisor and approved by the Engineer, to prevent erosion and sedimentation reaching any waters or
storm drain system. All items shall be pre -approved by the Engineer prior to installation or they will be at no cost to
the project.
15
July 26, 2013
U.S. DEPT. OF LABOR,
DAVIS BACON MINIMUM WAGES, COLORADO
GENERAL DECISION NUMBERS
CO130016, CO130017, CO130018, CO130019, CO130020,
CO130021, CO130022, CO130023 and CO130024
HIGHWAY CONSTRUCTION
NOTICE
This is a standard special provision that revises or modifies CDOT's Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT's Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions, unless such use is first approved by
the Standards and Specification Unit of the Project Development Branch. The
instructions for use on CDOT construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use this standard special provision on all federal -aid projects with contracts exceeding
$2000, except for non-ARRA projects on roadways classified as local roads or rural
minor collectors, which are exempt. Projects on local roads, rural minor collectors,
and enhancement projects funded with ARRA funds are not exempt.
-1-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016. 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
Decision Nos. CO130016, 17,18, 19, 20, 21, 22, 23 and 24 dated
Modifications
ID
January 04, 2013 supersedes Decision Nos. CO100016, 17,18, 19,
MOD Number Date Nee Number(s)
20, 21, 22, 23 and 24 dated September 30, 2011.
1 07/26/13 1 & 14
i
When work within a project is located in two or more counties and
the minimum wages and fringe benefits are different for one or more
job classifications, the higher minimum wages and fringe benefits
shall apply throughout the project.
General Decision No. CO130024 applies to the following counties: Larimer, Mesa, and Weld counties.
General Decision No. CO130024
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR:
Drill Rig Caisson
1484
Smaller than Watson 2500 and similar
24.27
8.62
1485
Watson 2500 similar or larger
24.57
8.62
Oiler
1486
Weld
24.42
8.62
General Decision No. 0O100024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
CARPENTER:
1487
Excludes Form Work
20.72
5.34
Form Work Only
1488
Larimer, Mesa
18.79
3.67
1489
Weld
16.54
3.90
CEMENT MASON/CONCRETE FINISHER:
1490
Larimer
16.05
3.00
1491
Mesa
17.53
3.00
1492
Weld
17.48
3.00
ELECTRICIAN:
Excludes Traffic Signalization
1493
Weld
33.45
7.58
Traffic Signalization
1494
Weld
25.84
6.66
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
General Decision No. CO130024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
FENCE ERECTOR:
1495
Weld
17.46
3.47
GUARDRAIL INSTALLER:
1496
Larimer, Weld
12.89
3.39
HIGHWAY/PARKING LOT STRIPING:
Painter
1497
Larimer
14.79
3.98
1498
Mesa
14.75
3.21
1499
Weld
14.66
3.21
IRONWORKER:
Reinforcing (Excludes Guardrail Installation)
1500
Larimer, Weld
16.69
5.45
Structural (Excludes Guardrail Installation)
6.01
1501
Larimer, Weld
18.22
LABORER:
Asphalt Raker
1502
Larimer
18.66
4.66
1503
Weld
16.72
4.25
4.25
1504
Asphalt Shoveler
21.21
1505
Asphalt Spreader
18.58
4.65
1506
Common or General
16.29
4.25
1507
Concrete Saw (Hand field)
16.29
6.14
1508
Landscape and Irrigation
12.26
3.16
1509
Mason Tender - Cement/Concrete
16.29
4.25
Pipelayer
1510
Larimer
17.27
3.83
1511
Mesa, Weld
16.23
3.36
1512
Traffic Control (Flagger)
9.55
3.05
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
General Decision No. CO130024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
LABORER (con't):
Traffic Control (Sets Up/Moves Barrels, Cones, Installs
signs, Arrow Boards and Place Stationary Flags),
(Excludes Flaggers)
1513
Larimer, Weld
12.43
3.22
1514
PAINTER (Spray Only)
16.99
2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
1515
Larimer
26.75
5.39
1516
Mesa, Weld
23.93
7.72
1517
Asphalt Paver
21.50
3.50
Asphalt Roller
1518
Larimer
23.57
3.50
1519
Mesa
24.25
3.50
1520
Weld
27.23
3.50
Asphalt Spreader
1521
Larimer
25.88
6.80
1522
Mesa, Weld
23.66
7.36
Backhoe/Trackhoe
1523
Larimer
21.46
4.85
1524
Mesa
19.81
6.34
1525
Weld
20.98
6.33
Bobcat/Skid Loader
1526
Larimer
17.13
4.46
1527
Mesa, Weld
15.37
4.28
1528
Boom
22.67
8.72
Broom/Sweeper
1529
Larimer
23.55
6.20
1530
Mesa
23.38
6.58
1531
Weld
23.23
6.89
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
General Decision No. CO 130024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con't):
Bulldozer
1532
Larimer, Weld
22.05
6.23
1533
Mesa
22.67
8.72
1534
Crane
26.75
6.16
Drill
1535
Larimer, Weld
31.39
0.00
1536
Mesa
35.06
0.00
1537
Forklift
15.91
4.68
Grader/Blade
1538
Larimer
24.82
5.75
1539
Mesa
23.42
9.22
1540
Weld
24.53
6.15
1541
Guardrail/Post Driver
16.07
4.41
1542
Loader (Front End)
1543
Larimer
20.45
3.50
1544
Mesa
22.44
9.22
1545
Weld
23.92
6.67
Mechanic
1546
Larimer
27.68
4.57
1547
Mesa
25.50
5.38
1548
Weld
24.67
5.68
Oiler
1549
Larimer
24.16
8.35
1550
Mesa
23.93
9.22
Roller/Compactor (Dirt and Grade Compaction)
1551
Larimer
23.67
8.22
1552
Mesa, Weld
21.33
6.99
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
General Decision No. CO130024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con't.):
Rotomill
1553
Larimer
18.59
4.41
1554
Weld
16.22
4.41
Scraper
1555
Larimer
21.33
3.50
1556
Mesa
24.06
4.13
1557
Weld
30.14
1.40
Screed
1558
Larimer
27.20
5.52
1559
Mesa
27.24
5.04
1560
Weld
27.95
3.50
1561
Tractor
13.13
2.95
TRAFFIC SIGNALIZATION:
Groundsman
1562
Larimer
11.44
2.84
1563
Mesa
16.00
5.85
1564
Weld
16.93
3.58
TRUCK DRIVER:
Distributor
1565
Larimer
19.28
4.89
1566
Mesa
19.17
4.84
1567
Weld
20.61
5.27
Dump Truck
1568
Larimer
18.86
3.50
1569
Mesa
15.27
4.28
1570
Weld
15.27
5.27
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
General Decision No. CO130024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
TRUCK DRIVER (con't.):
Lowboy Truck
1571
Larimer
18.96
5.30
1572
Mesa, Weld
18.84
5.17
1573
Mechanic
26.48
3.50
Multi -Purpose Specialty & Hoisting Truck
1574
Larimer, Mesa
16.65
5.46
1575
Weld
16.87
5.56
1576
Pickup and Pilot Car
13.93
3.68
1577
Semi/Trailer Truck
18.39
4.13
1578
Truck Mounted Attenuator
12.43
3.22
Water Truck
1579
Larimer
19.14
4.99
1580
Mesa
15.96
5.27
1581
Weld
19.28
5.04
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award
only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained
wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION
WAGE DETERMINATION APPEALS PROCESS
I.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact,
Regional Office for the area in which the
Davis -Bacon survey program.
If the response from this initial contact is
2.) and 3.) should be followed.
including requests for summaries of surveys, should be with the Wage and Hour
survey was conducted because those Regional Offices have responsibility for the
not satisfactory, then the process described in
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of
Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in I.) is yes, then an interested party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage
payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appealdirectlyto the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION NO. CO130024
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
NOTICE
July 19, 2012
This is a standard special provision that revises or modifies CDOT's Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT's Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
the Standards and Specifications Unit of the Project Development Branch. The
instructions for use on CDOT construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use this standard special provision on federal aid projects.
1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
July 19, 2012
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.
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safely Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety. Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form In each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in lie following
sections, 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
July 19, 2012
FHWA-1273 — Revised May 1, 2012
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, (emrination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor. During the performance of Ihis contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole. supervised release. or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246. 41 CFR 60.
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with- the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and. for all construction contracts exceeding $10,1100,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627 The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Acl of 1973. as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964. as amended, and related regulations including 49 CFR
Parts 21. 26 and 27: and 23 CFR Pads 200, 230, and 633
The following provision is adopted from 23 CFR 230, Appendix
A. with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to lake
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35.
29 CFR 1630, 29 CFR 1625-1627.41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
July 19, 2012
3
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with 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 contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its 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 contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program 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
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 minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will Include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women 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 minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
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, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
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 depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. lithe review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
July 19, 2012
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, 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 their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
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. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
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 employees who are minorities and
women 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 good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith 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 contracting agency 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 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 minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
DisabIlities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so Would cause an
undue hardship.
9. 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. The contractor shall lake all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the'
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary tb document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
July 19, 2012
5
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
a. The records kept by the contractor shall document the
following:
(1) The number and work hours 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; and
(3) The progress and efforts being made in locating, hiring
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency 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. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training Is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any pad of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided In such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractors control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a All laborers and mechanics employed or working upon
the site of the work, will he 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 issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due al lime of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a pad
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona.
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, 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 rale and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill. except as provided In 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated al 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
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1321) shall be
posted at all limes 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.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which Is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the follovnrg criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification In the wage
determination; and
July 19, 2012
6
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(ii) The classification is utilized In the area by the
construction industry: and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division. Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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.
(3) In the event the contractor, the laborers or mechanics
to be employed in the 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. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
vdll notify the contracting officer within the 30 -day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c 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
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as 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.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor 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, so
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 contracting agency
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.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of 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. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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 shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. 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). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.doLgoviesarwhd/forms/wh347instr.htm
7
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
or Its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. II is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for Its own
records, without weekly submission to the contracting agency .
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(I) Thal the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations. 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) I hal each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the lull 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 Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified In the applicable wage determination
incorporated into the contract.
(3) 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 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, 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 FHWA may,
after written notice to the contractor, the contracting agency or
July 19, 2012
the State DOT. take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, lallure 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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL)
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 U S. Department of
Labor, Employment and Training Administration. Office of
Apprenticeship Training, Employer and Labor Services, or wilh
a State Apprenticeship Agency recognized by the Office, or If a
person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a Stale
Apprenticeship Agency (where appropriate) to be eligible far
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen oil 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 worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as staled above. shall be paid not less than the
applicable wage rale on 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
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor 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's hourly
rate) specified in the contractors or subcontractor's registered
program shall be observed
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 journeymen 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 determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
8
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
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, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must he paid at not less than the rale specified
In the approved program for the trainee's level of progress.
expressed as a percentage of the journeyman 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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rale who is not registered and participaliny 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.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246. as amended, and 29
CFR part 30.
d. 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 lime hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs The ratio of apprentices and trainees to
July 19, 2012
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall he responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shalt not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR pans 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 U S Department of Labor or the
employees or their representatives
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's lion is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5 12(a)(1)
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penally for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Horns and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 55(a) or 29 CFR 4.6. As
July 19, 2012
9
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
used in this paragraph, the terms laborers and mechanics
Include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rale not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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 or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys 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 (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses In any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
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 price, excluding any specialty items
designated by the contracting agency. 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 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and Slate regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees:
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
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 or propose 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 VI 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 contracting officer determines is
necessary 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
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
contracting agency has assured that each subcontract is
10
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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 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 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 riot 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. 3704).
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.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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
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, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
July 19, 2012
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
'Whoever, being an officer, agent, or employee of the United
States, 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, 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
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
11
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tler Participants:
a. By signing and submitting this proposal, the prospective
first tier 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 first tier 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 first tier 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 contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. terms "covered transaction," "debarred,''
"suspended,""ineligible," "participant," "person,'' "principal,"
and "voluntarily excluded," as used In this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
1. The prospective first 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 entering into this transaction.
g. The prospective first tier 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 Transactions,"
provided by the department or contracting agency, entering
July 19, 2012
into this covered transaction, without modification, In all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise Ineligible to participate in covered
transactions. To verify the eligibility of Its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to. check the Excluded
Parties List System website (https://www.epls.govp, which is
compiled by the General Services Administration.
i_ Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective 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 (0 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.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared Ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-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 property;
(3) 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 (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, Stale or local) terminated for cause or default.
12
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
b. Where the prospective participant Is unable to certify to
any of the statements in Ibis certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
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 al 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." "participant.- "person," "principal,"
and "voluntarily excluded," as used in Ibis clause. are defined
in 2 CFR Parts 180 and 1200 You may contact the person to
which this proposal Is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e The prospective lover 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 exceeding
the $25,000 threshold.
July 19, 2012
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 Is
responsible for ensuring that its principals are not suspended,
debarred. or otherwise ineligible to participate in covered
transactions To verify the eligibility of its principals, as well as
the eligibility of any lower her prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website altos //www.epls (tow), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be consiwed 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 nominally 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
Participants:
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 participating in
covered transactions 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.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is 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
July 19, 2012
13
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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 its
bid or proposal that the participant 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.
14
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
ATTACHMENT A • EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is. or reasonably may be. done
as omsite work, shall give preference to qualified persons who
regularly reside In the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing In
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed tinder this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work. (tr) the number of employees required in
each classification. (c) the dale on which the participant
estimates such employees will be required, and (dl any other
pertinent Information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. II during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the Slate Employment Service
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the Stale Employment
Service. The contractor is not required to grant employment to
any job applicants who. in his opinion. are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants Such certificate shall be made a part of the
contractor's permanent project records Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate. notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
July 19, 2012
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
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