HomeMy WebLinkAbout20133296.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
$1,245,082.00
Grant Project Number
PA -08 -CO -4145_00112(0)
Weld Project
Number
61-54A
Description of Package: FEMA Project Worksheet for Temporary / Emergency Repairs to CR61, Project
number 61-54A. This is the original submittal, aka Version 0. This package includes:
1. FEMA PW PA -08 -CO -4145_00112(0) (Weld Project 61-54A)
2. Contract dated 10/2/13 and Change Order #1 (accelerated schedule) dated 10/7/13
3. Weld Commissioners Memo, public bids received 10/1/13 (8(3 CO i-7t)
4. Contract Award Letter dated 10/2/13; Notice to Proceed dated 10/3/13
5. Weld County Map FHWA roads.
F
Transmittal
o�
Authorizing Pa _
views
Apa ovallotes
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 NO.
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 F er Gesick
�s, v2
11/22/2013
damnawf,te)
I( -4.7-.249/3
2013-3296
ooqs
Federal Emergency Management Agency E -Grants
Page 1 of 2
PA-08-CO-4145-PW-00112(0)
Applicant Name:
Application Title:
WELD (COUNTY)
WELD COUNTY CR 61
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.
WELCO11
PA ID NO.
123-99123-
DATE
11-08-2013
CATEGORY
C
FEMA 4145 - DR -CO
00
APPLICANT: WELD (COUNTY)
WORK COMPLETE AS OF:
11-09-2013 : 90 %
Site 1 of 1
DAMAGED FACILITY:
COUNTY: Weld
WELD COUNTY CR 61 AT SOUTH PLATTE RIVER
LOCATION:
LATITUDE:
40.38381
LONGITUDE:
-104.48883
Current Version:
40.3842
40.38588
-104.48885
-104.48887
north of intersection of CR 380/ CR61 (40.37623, -104.48865) northward to south of intersection
40.38753
-104.48887
CR388/CR61 (40.30023, -104.48889)
40.38151
40.38321
-104.48877
-104.48882
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 61, an asphalt road with gravel shoulders, was flooded over from a location north of intersection of CR 380/ CR61
(40.37623, -104.48865) northward to south of intersection CR388/CR61 (40.30023, -104.48889), see map attached.
The flood affected area covered approximately 22LF wide asphalt road over approximately 5,100LF, plus 6LF gravel shoulders each side, to
an average depth of 5.5LF, or (34LF x 5,100LF x 5.5LF) /27 CY/CF, or approximately 35,300 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.
Floodwaters overtopped the following sections, causing the complete loss of roadway (see map):
Location 1, approx 525LF (START 40.38753, -104.48887: END 40.38588, -104.48887)
Location 2, approx 150LF (START 40.38420, -104.48885; END 40.38381, -104.48883)
Location 3, approx 620LF (START 40.38321, -104.48882; END 40.38151, -104.48877)
SCOPE OF WORK:
hone. //i cm tree _ fern a.net/emmie/internalIntegration?applicationId=350204
11/13/2013
Federal Emergency Management Agency E -Grants Page 2 of 2
Current Version:
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 lost
pavement (Location 1, 2, 3), and 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 approximate measurements in the DAMAGE DESCRIPTION, 35,300CY, result in an average in place cost of accelerated operations at
approximately $35CY, or a cost in an order of magnitude scale with temporary emergency road work in flood conditions.
The contract, for $1,249,082 was awarded to the ROCHE CONSTRUCTORS INC of 361 71ST Avenue, Greeley, CO 80634, phone 970-
356-3611.
The contract has accelerated performance specifications that require the opening of the road to vehicular traffic without standard dry road
base conditions or compaction, due to the standing flood waters.
For these specifications see CHANGE ORDER Not regarding accelerated schedule in the attached contract, from 40 days to completion to
22 days to completion. All contract sections that refer to Federal Aid Road projects are used for procedures only.
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).
Future attachments as indicated below in are in the Weld County Department of Public Works:
1. Signed Base Contract, Oct 2, 2013, and Change Order No.1, Accelerated Schedule, dated Oct 7, 2013.
2. Weld Co Commissioners Memo regarding public bids received, Oct 1, 2013
3. Contract Award Letter Oct 2, 2013, Notice to Proceed, Oct 3, 2013
Does the Scope of Work change the pre -disaster
conditions at the site? ❑ Yes W No
Special Considerations included? Li Yes ❑ No
Hazard Mitigation proposal included? ❑ Yes
LE No
Is there insurance coverage on this facility? 1_i Yes I] No
PROJECT COST
ITEM
CODE
NARRATIVE
QUANTITY/UNIT
UNIT PRICE
COST
1
9999
ESTIMATE FOR TEMPORARY
REPAIRS
1/LS
$ 1,245,082.00
$ 1,245,082.00
TOTAL cos7$ 11,,244J5, 82.00
SIGNATURE ///���
PREPARED BY EUGENE MAY
TITLE PACL
APPLICANT REP. Roy Rudisilli,Y��
TITLE Director - OEM
SIGNATURE ' (,
� '-, < cG•,.
httnc•//i en' Iry fern net/Pmmie/internalInteeration?applicationId=350204
11/13/2013
I
CHANGE ORDER NO. I
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
Project: Bridge 61/54A Flood Repairs, Bid No. B1300174
Owner: Weld County, Colorado
Contractor: Roche Constructors Greeley, Co.
The Contractor agrees to increase the hours worked per day so that the project can be completed as soon as possible
due to emergency conditions. 'the following change is hereby made to the Contract Documents:
The original contract time will be decreased from 40 calendar days to 22 calendar days.
The original contract price will be increased by $255,000 to cover the additional effort required to complete
the project within 22 calendar days. The contractor has provided the attached schedule of costs identifying
the additional expenses.
The Contractor agrees that liquidated damages will be applied for every calendar day beyond the modified
contract time of 22 calendar days in the amount of $14,166. Since Notice to Proceed has been issued to the
contractor dated October 3, 2013, liquidated damages will charged for every day the project is not
substantially completed beyond October 24, 2013.
CHANCE TO CONTRACT PRICE:
Original Contract Price: $994.081.95
Current Contract Price adjusted by previous Change Order:
$994.081.95
The Contract Price due to this Change Order will be increased by: $255 000.00
The new Contract Price, including this Change Order, will be: $1,249,031.95
CHANCE TO CONTRACT TIME:
The Contract Time will be changed to Twenty -Two (22) calendar days.
The date for completion of all Work will be: October 24Tu , 2013
RECOMMENDED:
Owner Representative:
Engineer:
APPROVALS:
Contractor:
William F. S'yarcia (Chair)
Roche Constructors, Inc.
Date: OCT 1 1 2013
Datc: /00 .9
Date: I t7 ('t n*
Owner: Date: 10/7/13
Thomas J. Roche, President & CEO
&c9/3- a 797
1222 Inc.
www.rocheconstructors.com
CHANGE ORDER NO. 1
BRIDGE 61/54A EMERGENCY REPAIRS
COST BREAKDOWN
Labor- premium and overtime $125,000
Equipment - additional loader, lights, premiums for
24/7 leases
Staging leases (reserve)
Additional supervision
Overhead - office
70,000
10,000
25,000
25.000
TOTAL $255,000
MEMORANDUM
TO: Trevor Jiricek, Director of General Services
DATE: October 10, 2013
FROM: Wayne Howard, P.E., County Engineer
SUBJECT: Letter of Explanation — Roche Construction CO #1
Narrative of Change — This change is being made to the contract completion time to allow the
emergency road opening in the most expedited manner. The connection of WCR 61 across the South
Platte River is vital to the agricultural harvest commerce in the area. One of the local sugar beet
collection points is located on the south side of the damaged project area. Detours from the north to
access this sugar beet facility is approximately 20 miles/one way as all other bridge crossings have
been damaged during recent floods and are not open to traffic. Mobility is also limited for other crop
harvest needing access across the South Platte River. The Board of County Commissioners has
requested the contractor to expedite the road opening and furnish a lump sum change order cost for
the work necessary to comply with this request.
Description of Work the contract documents are being revised to decrease the completion time
from 40 calendar days to 22 calendar days. The liquidated damages that will be assessed at the end of
the 22 calendar days will also be changed to $14,166 per day beginning on day 23 of the contract
time unless an extension was approved in writing or a Certificate of Substantial Completion was
issues by Engineer.
Measurement and Payment — The amount shown in Change Order No. 1 will be based on a Lump
Sum Payment. Amount to be paid will be adjusted at the time of the pay request based upon any
liquidated damages that may be assessed.
Contract Time - The original bid contract time will be decreased from 40 calendar days to 22
calendar days.
Price Adjustment — The contractor has supplied a cost breakdown for the emergency repair work.
The Engineering Division has developed a separate cost comparison based upon additional equipment
and labor to meet the requested 22 Calendar day completion. (See Page 2)
Status of Work — The Notice to Proceed was issued for October 3, 2013. The Contractor did begin
work on that date and was working 24 hours shifts with additional equipment on site to complete the
work as soon as possible.
Summary — Based upon the Weld County Public Works estimated costs of $275,331.60 as shown on
page 2, I believe the Change Order No. I request by Roche Construction, Inc. of $255,000.00 is
reasonable.
IC -‘\-k3
ZO\3 - 2199
F o o -
Weld County PW II F' a g e
BID NO. B1300174 — Roche Construction
Weld County PW - Letter of Explanation for Change Order No. 1
Contractor submitted a competitive bid proposal in accordance with the Weld County bid procedures
which specified 40 calendar days for project completion. Due to the need for the emergency repairs
to be completed for the WCR 61 project within 22 calendar days, Engineering has provided
additional cost justification as follows:
I_AlOR karetnium = 8hrs reg. pav) (overtime = 7days pct 16hrs & 15days @ Mrs) (22days total)
Laborer (5) premium (22x8x5) = 880 hr. x $16.72,/hr.
I,aborcr (5) overtime (7x16x5) + (15x8x5) = 1160 hr. x $25,08/hr.
Operator (4) premium (22x8x5) = 704 hr. x $24.53/hr.
Operator (4) overtime (7x16x5) + (15x8x5) = 9284 hr. x $36.80fIr•
Truck Driver (6) premium (22x8x5) = 1056 hr. x $20,61 /hr.
Truck Driver (6) overtime (7x16x5) + (15x8x5) = 1392 hr. x $30.91/hr.
Total Estimated Labor
RENTAL EOUIPMENT
• Front End Loader (I)
• Front End Loader (1)
• Bottom Dump Truck (3)
• Bottom Dump Truck (3)
• Backhoe/Trackhoe (1)
• Backhoe/Trackhoe (1)
22 (8hr) days @ $350/day
22(16hr)days @ $500/day
22 (811r) days @ $250/day
22 (16hr) days @ $400/day
22 (8hr) days @ $350/day
22 (16hr) days @ $500/day
Rental Equipment Total
ADDITIONAL OFFICE & FIELD OVERHEAD
$14,713.60
$29,092.80
$17,269.12
$34,165.20
$21,764.16
$43,026.72
$160,031.60
$ 7,700.00
$11,000.00
$16,500.00
$26,400.00
$ 7,700.00
$11,000.00
$80,300.00
$35,000.00
Total Estimate Cost $275,331.60
Weld County PW 2 p age
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwaltersaco.weld.co.Us
E-mail: reverett(cilco.weld.co.Us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: OCTOBER 1, 2013
REQUEST FOR: BRIDGE 61/54A FLOOD REPAIRS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B1300174
PRESENT DATE: OCTOBER 2, 2013
APPROVAL DATE: OCTOBER 2, 2013 "*EMERGENCY**
VENDORS
ROCHE CONSTRUCTORS INC
361 71ST AVENUE
GREELEY CO 80634
DON KERN CONSTRUCTION INC
6550 SOUTH COUNTY RD 5
FT COLLINS CO 80528
DURAN EXCAVATING
418 N 9TH AVENUE
GREELEY CO 80631
TOTAL BID AMOUNT
$ 994,081.95
$1,251,250.00
$1,283,560.00
IT WAS THE DECISION OF THE WELD BOARD OF COUNTY COMMISSIONERS TO AWARD THE
BID FOR BRIDGE 53/58A FLOOD REPAIRS TO THE LOW BIDDER, ROCHE CONSTRUCTORS, IN
THE AMOUNT OF $994,081.95.
WELD COUNTY COLORADO
BY: TREVOR JIRICEK
DIRECTOR OF GENERAL SERVICES
MEMORANDUM
Date: October 2, 2013
To: Trevor Jiricek, Director of General Services
From: Wayne Howard, P.E., County Engineer
RE: Bid Request No. B1300174
BOCC Approval Date October 2, 2013
Bids were received and opened on October 1, 2013 for the contracted Emergency Flood Repairs for
Bridge 61/54A, near Kuner. Three bids were received ranging from $994,081.95 to $1,283,560.00 with
the lowest bid submitted by Roche Constructors Inc. from Greeley, Colorado.
The submitted bids have been reviewed for errors and completeness. There was a discrepancy in the
apparent low bidder's submittal which was corrected per the County bid guidelines, This did not change
the ranking of the bidders; however the amount of the lowest bid submitted was reduced. The bid
tabulation has been submitted for your information.
The recommendation is to award the construction contract to Roche Constructors Inc. for a total
amount of $994,081.95. Engineering has met with Roche Constructors and they plan to start the work no
later than Monday, October 7, 2013.
Weld County Purchasing
Page 1 of 11
WELD COUNTYcoLORADo
Purchasing
All Weld County Home I About I Departments I Services I Contact Us I Property Information
Purchasing
Current Reauests
Tabulations / Awa a dS
OIL & GAS LEASE TABULATIONS
• OIL & GAS LEASE TABULATIONS CAN BE FOUND UNDER CURRENT
REQUESTS AND OIL & GAS LEASES- BIDS & TABULATIONS
BID! PROPOSAL TABULATIONS
481300166- HONOR GUARD UNIFORMS
in TABULATION
• BID APPROVAL DATE: 10/30/13
BID AWARDS • OCTOBER 2013
#81300176• TAX NOTICES & ENVELOPES
tn� BID TABULATION/AWARD
W APPROVAL LETTER
BID AWARD DATE - 10/28/13
#81300161 - HVAC UPGRADE- CENTENNIAL CENTER
BID TABULATION/AWARD
tJ APPROVAL LETTER
• BID AWARD DATE - 10/21/13
#81300179 - DEBRIS REMOVAL, DISPOSAL & REDUCTION
lt BID TABULATION/AWARD
BID SUMMARY
APPROVAL LETTER
• BID AWARD DATE - 10/16/13 *EMERGENCY*
#61300176 - BRIDGE 69/380A FLOOD REPAIRS
In BID TABULATION/AWARD
W APPROVAL LETTER
• BID APPROVAL DATE - 10/1'/13
#61300156- BRIGGSOALE WELL STORAGE TANK EXPANSION
W BIDTABULATION/AWARD
in APPROVAL LETTER
• BID APPROVAL DATE -10/9/13
#61300177 - BRIDGE 13/26A FL 000 REPAIRS
rIZIBID TABULATION/AWARD
▪ BID TAB ITEMIZED
▪ APPROVAJRECOMMEN0A7ION LETTER
• BID APPROVAL DATE - 10/8/13 (EMERGENCY)
#B 1300150 - ROOF TOP UNIT • 1400 N 177H AVEN BLDG
tin BID TABULATION/AWARD
T1 APPROVAL LETTER
• BID AWARD DATE - 10/7/13
A-2 Search I Search
Contact Information
Weld County Purchasing Department
1150 "0" Streot (as of 8/8/11)
P,O. Box 758
Groeloy, CO 80622
phone: (970) 336-7225
fax: (970)336-7226
Office Hours
Monday - Friday - 8.-00 AM - 5:00 PM
—*/4// questions ,sgouid he directed to Rose
or Marcia in Purchasing Of parlicipuhnq
Vopannanf"•
Marcia Walters
phone: (970) 356-4000 ^ x 4223
email: mwahPrs`vco-weld-:A.us
fax: (970) 336-7225
Rose Everett
phone: (970) 356-4000 x 4222
email: reverell n oo weld-co.us
fax: (970) 336-7226
4
http://www,co. weld.co.us/Departments/Purchasing/Tabul ations/A wards .html
11/4/2013
NOTICE OF AWARD
BRIDGE 6l/54AEM EMERGENCY FLOOD REPAIRS
To: Roche Constructors
361 7l° Avenue
Greeley, Co. 80634
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 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 Bidden.
You are hereby notified that your Bid has been accepted in the amount of S 994,081.95 orastown in theBid
Schedule.
You are required by the Instructions to Bidden to execute the Agreement and furnish the required Certificates of Insurance within
five (5) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to funish said Certificate of Insurance within five (5) days from the date of this Notice,
said Owner will be entitled to consider all your rights arising out of the Owners 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 2.. 8/0 day of &Mt to 2013
Weld CountyyC6
By
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
Roche Constructors, Inc.
(Contractor)
Dated this 2nd
By: °-r`
Thomas J. Roche
ichard hite, P.E., Civil Engineer
day of October , 2013
Title: President & CEO
-15-
NOTICE TO PROCEED
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
To:
Roche Constructors Date: October 3.2013
361 71a Avenue
Greeley, Co. 80634
Name of Project: BRIDGE 61/54A EMERGENCY FLOOD REPAIRS, Bid No. 81300174. You are hereby notified to commence
Work in accordance with the Agreement dated October 2.2013
The Contract Time allowed in the Agreement is 40 CALENDAR DAYS. The substantial completion date for all Work is therefore
approximately November 15.2013
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
Roche Constructors, Inc.
(Contractor)
Dated this 2nd day of October , 2013.
By
Thomas J. Roche
Title President & CEO
- 20 -
Weld County, Colorado, ' ner
By:
Richard bite, P.E., Civil Engineer
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT is made and entered into this 2nd _ day of October, 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 Roche Constructors, Inc. , [an
individual], [a limited liability partnership] [a limited liability company] [a corporation]whose
address is 361 71st Avenue Greeley. CO 80634, hereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, County requires the construction services of an independent contract
construction professional to perform the following "Construction Services: BRIDGE 61/54A
EMERGENCY FLOOD REPAIRS described in the Invitation for Bid No. B1300174; those
services are more specifically listed in the Contract Documents enumerated below, particularly
Documents A, B, and C, copies of which arc 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) N/A
(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
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
Co4sen)L crest,
/o—oT
070/3-G79y
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date of the execution of this
Agreement, through and until the succeeding forty (40) calendar days. Contractor shall
commence construction services within five (5) 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 be made, unless
specifically agreed to in writing by the parties.
2. SERVICES PROVIDED BY_CQNTRACTQR: Contractor agrees to perform the
Construction Services described in the Contract Documents and comply with the terms
therein for the total compensation of Nine Hundred Ninety Four Thousand liighty QQne
and 95/100 Dollars ($ 994,081.95 ), as set forth in Contractor's bid proposal (Exhibit C)
3. 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.
4. INDEPENDEN F 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.
5. INDEMNIFICA'IION 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 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 Liabi/ity Insurance written on ISO occurrence form CG 00 01
2
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.
6. NON -ASSIGNMENT: Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
7. ACCESS TO RECORDS: County shall have access to Cotractor's financial records for
the purposes of audit. Such records shall he 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.
8. 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.
9. TIME OF THE. ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement,
10. 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.
11. 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.
12. WAIVER OF IMMUNITIES/THIRD PARTY HABIT'TY. 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.
1.3. 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.
3
14. 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.
15. 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.
16. COMPLIANCE WITH 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).
17. COMPLIANCE WITH COLORADO DEPAR'T'MENT OF TRANSPORTATION
("CDOT") 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 entered into signed this Agreement
this _2nd day of October , 2013.
CONTRACTOR: ROCHE CONSTRUCTORS, INC.
By:_��
Name: _Thomas ,L Earhe
Title: President & CEO
COUNTY:
ATTEST:
Weld County Clerk to the Board
By:
Deputy Cle to .
Date October 2, 2013
COUNTY OF WELD, a political
subdivision of th State of Colorado
By
Wit] lam F. Garcia, Chairman
Board of County Commissioners of the
County of Weld
OCT 0 22013
4
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BID REQUEST NO. B1300174
SET NO.
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
Weld County Public Works
Division of Engineering
P.O. Box 758
l l 11 H Street
Greeley, Colorado 80632
970-304-6496
September, 2013
TABLE OF CONTENTS
The following provisions take precedence over Specifications or Plans and supplement the 201 I edition of the Colorado
Depat anent of frtutsponation "Standard Specifications for Road and Bridge Co nstruction" (Standard Specifications) which is to
be used to control construction of this project. and all applicable Standard Special Provisions which have been issued.
BIDDING REQUIREMENTS:
*AII Bidders must submit these forms at the Bid Opening.
Invitation for Bids 3
Instructions to Bidders 4-6
Bid Proposal
*Bid Schedule T$
*Bid Bond 2-1 I
*IRS Form W-9 12-1311
2-13
14
WELD COUNTY CONTRACT FORMS:
**Low Bidder must submit the forms prior to Contract Award.
**Notice of Award
**Agreement 15
16-19
Notice to Proceed 20
Change Order 21
Certificate of Substantial Completion 22
Lien Waiver 23
Final Lien Waiver 24
Notice of Acceptance 25
SPECIAL PROVISIONS
Project Special Provisions 15 Pages
Davis Bacon Wage Rates and FHWA Form 1273 23 Pages
INVITATION FOR BIDS - B1300174
Public Notice is hereby given that Weld County, Colorado, hereinafter referred to as the "County" will receive sealed Bids for
BRIDGE 61/54A 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 road and bridge repairs on WCR 61 (north of bridge 61/54A) required to return flood damaged areas to
pre -flood conditions. The work mainly consists of: debris and obstructions removal, excavation and embankment, structural fill,
aggregate base course, hot mix asphalt and erosion control.
A mandatory pre -bid conference will be held on Thursday, September 26, 2013 at 9:00 Am, at the Weld County Public
Works Department Building. The Public Works Building Is located et 1111 11 Sued in Greeley. Bidders must participate and
record their presence at the pre -bid conference to be allowed to submit bids. A site tour will he conducted after the bid meeting.
Bids will be received up to, but not later than Tuesday, October 1, 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 "O" 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: mwalters[7co_weld.co.us or
reverett@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 five (5) days atter 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 September 26, 2013 at the Weld County Public Works Department, located at
1111 H Street, Greeley, Colorado 60632, or on the Purchasing Department wcbsite.
Weld County, Colorado
By: Trevor Jiricek
Director of General Services
(signed copy on file)
-3
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. He 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 seven (7) 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 theB id: Bidders are required to use the Proposal Forms which are included in this package
and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out 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 hind 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 he 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.
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. Al]
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 five (5) 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 bejust 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 Live (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.
5.2Royalties: 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 alt 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 carefirlly review the Site 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. 8-17.5-102(2)(6). 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
be 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 affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present
in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S.
24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior
to the effective date of this Contract.
6
BID PROPOSAL
To: Weld County Purchasing Department
P.O. Box 758, 1150 "O" Street
Greeley, Colorado 80632
Attention: Trevor liricek, Director of General Services
Bid Proposal for: BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
PROPOSAL
The project consists of road and bridge repairs on WCR 61 (north of bridge 61/54a&b) required to return flood damaged areas to
pre -flood conditions. The work mainly consists of debris removal, excavation and embankment, structural fill, 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 Ironm the !lidding Documents, including the Drawings and Specifications, for the Work above indicated for
the monies indicated below which includes all State, County and local saxes 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 Usc 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 39-26-114, CRS, and is free from 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 filly 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 13om1 of Live percent (5%) based upon the Toad Cost of all items required
to be Bid. Weld County, Colorado is author i<ed 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 five (5) 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.
NOTE: The following arc items of work to be completed by Weld County (or their representative):
• Materials Quality Acceptance Testing
• Construction Inspection
• Tragic 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).
Date: By:
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 furnished, installed or constructed.
SIGNATURES:
Dated this day of , 2013
FIRM NAME:
BY:
TITLE:
BIDDER'S LEGAL SIGNATURE:
STATE OF INCORPORATION:
ADDRESS:
TELEPHONE NO: FAX NO:
ATTEST (SIGNATURE):
BID BOND
BRIDGE 61/54A 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 ($ ),
lawful money of the United States of America, for the payment of which sum well and truly to be 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 61/54A 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 Did 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 forms 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 he
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 he void and of no effect, otherwise to remain in fill 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.
A ITEST:
By:
ATTEST:
By:
- 12 -
Principal
Address
By:
Surety
Address
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 form 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.
- 13 -
Fpm ■■
Fev. rhicosr 2007)
Foe -in -era as ir:ea,r,
mnrrw nvnm:. e.nxa
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Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Neverfee *Wan on your insane to return)
N
a3urmew mme, rf dngerwe fray. etay
il Cheek appropriate box: U IrdlykluWeelapraphetof y Caperotlen C Parmaone — Exempt
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Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box. Die TIN plodded must match the name given on lino 1 to ovoid
backup wlthhoteeng. For Individuals, this Is your vocal security number (SSN). However. for a rovdonl
allon. sole proprietor, or disregarded entity, see the Part I Irtettollono on pogo 3 For ocher entities, it Ia
your employer Idenllllcellot number (EIN). II you do not hews hunter, •eerby toyer • TIN eat page 3
Note. If the account it in more than one name, see the chart on page 4 for euldolinas en whose
number to enter.
Part II
Certification
Loco, seamy dumber
or
!Emmert; identification Aunt's, -
Under penoltles of oerjury. I center that
1. The number shown on this form Is my Correct taxpayer Idonlllnatlon number (or I pin waiting for a number to be issued to Ire), and
2. I am not eubloct to backup withholding cacaoea. (all am exempt from backup Withholding, or WI I have not been notified by the Internal
Revenue Service (IRS) that I an subject to backup widatdriing as a result of a failure to repel all Interest a dividends, or (C) the IRS has
notified ma that I am no longer subject to bach.p wittuvdi g, and
3. I am a U.S. citizen or other U.S. person Weaned below).
Certification Instructions, You must cross out Item 2 above it you nays been notified by the IRS that you are currently subject to backup
withholding because you hove failed to report al Interest and d Hdends on your lox raisin. For root estate transactions, then 2 does not apply
For mortgage 'merest paid, acquisition or abandonment of secured property. cancellation of debt, contributions to an individual ratlreinenl
arrangement MA) and generally, payments other Than Interest and dINdende, you ere not required to sign the Certification. but yea must
lruxde your correct TIN See the instructions on page 4.
Sign I signature of
Here u.s. parson ► Dale ►
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
INS must obtain you, cuuect taxpayer Hontihratan number (TIN)
to :Howl for example. Iffcrariet pakl to youoral esl:dv
tmnsadlons. mortgage intermit you paid, acquasden or
abandonment of secured property, caroollatton of debt. or
Curdmbutbns SOU ;Moto to an IRA
Uso Form W-9 only If you are a U.S. person (Including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving Is correct (or you are
waiting for a number to be Issued),
2. Certify that you are not subject to backup withholding, or
3. claim exomplton from backup vnlhholdlrtg if you are a U.S.
nxorrpt payno If appllcabtn. you .vo also certifying that as a
U.S oeraon, your allocable shale of any partngrsiap irKortle from
a U S trader or business le not subject tea tho withholding tax on
foreign partners share of ofpxlively corrected Inc. -wee
Note. If a requester pea you a form other than Form W-9 to
request your RN, you must use the requester's tam If it IS
substantially similar to this Form W-9.
Definition of a U.S. person. For federal lax purposes, you am
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien.
• A ownership. corporation, company, or association created or
organized In the Unlled Stales or under the laws of the United
States,
• An estate (other than a foreign estate). or
• A domestic trust (as defined In Regulations section
301,7701-7).
Special rules for patnershlps. Purtneetups that conduct a
trade or business In the united Slates are generally required to
pay a withholding Au on any faonn partners' share of 'nearly,
Tian such busirloes. hilltop. In certain cases where a Form W-9
has not Peen reeahrod, a partnership l7 roquead to pro:Wnoc that
a pastier Is a foreign poison, and pay Mu withholding tax.
Therefore, If you are a U3 porton that is a partner in a
pmlrwtshrp conducting a rattle or busmass o Itin unimN Slums.
provide Pam W.9 to then partnership to establish your US
Sinus and avoid vounhoiding on your snare of parinorship
Income
The person who gvos Form vs -9 to the Wheel GNP Or
purposes of establishing its 11.S. status and avoiding vrahhokling
on its allocable Share of net In:on'e front the partnership
conducting a trade or business in the Untet Stales is in Ibis
following case,:
• The U.S. owner of a disregarded entity and not the entity.
Cot. No 111.231% Form W-0 rev. 10-3001)
-14-
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
corporation]whose address is , hereinafter referred to as
"Contractor".
WITNESSETH:
WHEREAS, County requires the construction services of an independent contract construction professional to
perform the following "Construction Services: BRIDGE 61/54A EMERGENCY FLOOD REPAIRS described in the
Invitation for Bid No. B1300174; those services are more specifically listed in the Contract Documents enumerated
below.
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) N/A
(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
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 succeeding sixty (40) calendar days. Contractor shall commence construction services within five (5)
days following the execution of this Agreement. No changes in compensation for extension terms shall be
made, unless specifically agreed to in writing by the parties.
-l6-
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 hid
proposal.
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 ofCounty, nor entitled to any employee benefits
from County as a result of the execution of this Agreement.
INDEMNIFICATION, DESIGN AND INSURANCE: Contractorsliall be responsible for the professional
quality, technical accuracy, timely completion and the coordination ofall 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 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 he 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.
NON -ASSIGNMENT: Contractor may not assign or transfer this Agreement, any interest therein or claim
thereunder, without the prior written approval of County.
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
he retained and available for audit purposes for at least five years after final payment hereunder.
-17-
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 THE 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 1M MUNITIES/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. The County
Representative for purposes of this Agreement is hereby identified as David Bauer, Director, Weld County
Department of Public Works.
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 tiles.
COMPLIANCE WITH DAVIS-BACON WAGE RATES: Contractor understands and agrees that the work
shall be in compliance with the Davis Bacon Wage Rates.
COMPI_I.ANCf: WII'll COLORADO DEI'ARI'NIENT OF TRANSN)12l'VI'ION t"C'I)(iI""1
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.
- 18 -
LIEN WAIVER (GENERAL CONTRACTOR)
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
TO: Weld County Public Works
Attn: Richard White, P.E., Civil 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: BIM DGli 6 I/54A EMEItGCNCY EL Q) REPAIRS, Bid No 131300174
Contractor: R0CHE. CONSTRUCTORS,
(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.
t
STATE OF ._ el i V / J //
COUNTY OF u✓}t.S
Rocin(_ CO&S-k'uc*ors
Contractor
By: "Se5Se ScLuclnna ✓t
Title: 7 M.
Date. 11- 3'- 13
) ss.
The foregoing instrument was acknowledged before me this day
of % , 2013, by
J
My commission expires: il7ilt/
6
NotaryPublic ' _ � ill �� ('
CHANGE ORDER NO. (EXAMPLE)
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
Date:
Project: RR!DGE 61/54A FLOOD REPAIRS, Rid No. R1100174.
Owner: Weld County,_Calorado
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 he 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: Date.
William F. Garcia (Chair)
Engineer: Date:
APPROVALS:
Contractor: Date:
Owner: - - Date:
_21-
CERTIFICATE OF SUBSTANTIAL COMPLETION
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
Owner's Project No: EM-B112,61/54A
Engineer's Project No: EM-BR61/54A
Project: BRIDGE 6I/54A FLOOD REPAIRS Bid No. B1300174
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 he 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:
Engineer: _
Contractor:
- 22 -
Date:
Date:
Date:
LIEN WAIVER (GENERAL CONTRACTOR)
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
TO: Weld County Public Works
Attn: Richard White, P.E., Civil 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 61/54A FLOOD REPAIRS Rid No. 111 300174
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 bccn 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
Eiv:
Title:
Date'
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of _ , 2013, by
My commission expires:
Notary Public
- 23 -
FINAL LIEN WAIVER (SUBCONTRACTORS)
BRIDGE 61/54A 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 _ , State of
of which
is the Owner
NOW, THEREFORE, this
day of .2013,
for and in consideration of the sum of(E) _
Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby
waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements
thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material,
fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above descrihed
premises by virtue of said contract.
(F) (SEAL)
(Name of sole ownership, corporation or partnership)
(Affix Corporate seal here)
Title'
INSTRUCTIONS FOR FINAL WAIVER
(Signature of Authorized Representative)
;SEA I.)
(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 he 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.
- 24 -
NOTICE OF ACCEPTANCE
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
TO: _ Date:
RE: BRIDGE 61/54A FLOOD REPAIRS, Bid No. B 1300174.
This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract
Documents and is hereby accepted. Final payment will be made on or about
Final acceptance does not relieve the Contractor of the minimum one (I ) year guarantee on applicable portions of the work, as
described in Project Special Provision Section 103 —Award and Execution of Contract. Such guarantee shall begin on the date of
this acceptance,
Weld County, Colorado, Owner
fly
Richard White, P.E., Civil Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Acceptance is hereby acknowledged by
(Contractor)
Dated this day of 201 3.
25
WELD COUNTY
BRIDGE 61/54A EMERGENCY FLOOD REPAIRS
The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls
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
26
Page
(Sept. 24, 2013) 26
(Sept. 24, 2013) 27
(Sept. 24, 2013) 28
(Sept. 24, 2013) 29
(Sept. 24, 20]3) 30
(Sept. 24, 2013) 31
(Sept. 24, 2013) 32
(Sept. 24, 2013) 33
(Sept. 24, 2013) 34
(Sept. 24, 2013) 35-37
(Sept. 24, 2013) 38
(Sept. 24, 2013) 39
(Sept. 24, 2013) 40
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.
Richard White, P.E. Civil Engineer
Weld County Public Works Department
1111 H. Street
Greeley, CO 80632
Office Phone: (970) 304-6496, extension 3742
-OR-
Wayne I toward, P.E. County Engineer
Weld County Public Works Department
1111 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 78.
• 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 he verified by the Inspector prior to their removal from the jobsite.
• 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.
27
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 5th 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 4D calendar days in accordance with the "Notice to
Proceed."
Salient features to be shown on the Contractor's Progress Schedule are:
(1) Removal of Debris
(2) Roadway Grading
(3) Roadway Surfacing
(4) 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.
28
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Sections 105 of the Standard Specifications arc 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.
29
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 tinder 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.
30
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.
31
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 6 inches to 10 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:
a. Milled and chunks used as embankment construction in accordance with subsection 203.06.
b. Milled and chunks used in bottom of fills outside the roadway prism as approved by the Engineer.
c. 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,
32
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 AASHTO 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 of embankments, 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.
33
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 at least 69
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.
34
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:
Table 403-1
Property
Test
Method
Value For Grading
Patching
S(100)
L
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
(Lottrnan), minimum
CPL 5109
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
(VMA) % minimum
CP 48
See Table
403-2
See Table
403-2
Voids Filled with Asphalt (VFA),
oA
Al MS -2
65-80
GS - 80
Dust to Asphalt Ratio
Fine Gradation
Coarse Gradation
CP 50
0.6—L2
0.8 — L6
06-1.2
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 having less than 40% passing the 4.75 mm (No. 4) sieve sl all he
approached with caution because of constructability problems.
Note: Gradations for mixes with 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 1/4 inch or smaller are
considered a coarse gradation 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.
35
REVISION OF SECTION 403
HOT MIX ASPHALT
TABLE 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal
***Design Air Voids **
Maximum Size*,
mm (inches)
3.5%
4.0%
r
I 4.5%
37.5 (PA)
11.6
11.7
11.8
25.0(1)
12.6
12.7
12.8
19.0 ('/o)
13.6
13.7
13.8
12.5 ('/z)
14.6
14.7
14.8
9.5 (%)
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 Hot Mix Asphalt (Grading S).
A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all
hot mix asphalt.
Acceptance samples shall be taken according to CP-41.
36
September 24, 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
Hot Mix Asphalt (Grading S) (100) (PG 64-28)
Hot Mix Asphalt — Patching
Pay Unit
Ton
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 hid. 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 411. Asphalt cement used in Hot Mix
Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work.
- 37 -
September 24, 2013
REVISION OF SECTION 403
HOT MIX ASPHALT TICKET COLLECTION
Section 403 of the Standard Specifications is herehy 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 be 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:
I. Vehicle number
2. Length
3. Tare weight
4. Number of axles
5. Distance between extreme axles
6. All other information required to determine legal weight.
7. Legal weight limit.
- 38 -
September24, 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.
-39-
September 24, 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 constitutelull compensation for all work
necessary to complete the item.
Estimated •
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.
Amount
$50,000
$15,000
$10,000
F/A Minor Contract Revisions - This work consists of minor work authorized and approved by the Engineer, which is
nut 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 berms. The Contractor shall consult
with the Project Inspector on which methods are suitable, then 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.
- 40 -
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 Jar 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.
-I-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13
GENERAL DECISION NUMBER 001300 lb. 17. 18. 19, 20.21. 22. 23 and 24 HIGHWAY CONS 1'RUCI'ION
Decision Nos. CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated
Modifications
II)
January 04, 2013 supersedes Decision Nos. CO100016, 17, 18, 19,
MOD Number Dale Page Number(s)
20, 21, 22, 23 and 24 dated September 30, 2011
1 07/26/13 1 & 14
1
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
1485
Smaller than Watson 2500 and similar
24.27
8.62
Watson 2500 similar or larger
24.57
8.62
1486
Oiler
Weld
24.42
8.62
General Decision No. CO100024
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:
1493
Excludes Traffic Signalization
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 HIGH WAY 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
3,19
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)
1501
Larimer, Weld
18,22
6.01
LABORER:
Asphalt Raker
1502
Larimer
18.66
4.66
1503
Weld
16.72
4.25
1504
Asphalt Shoveler
21.21
4.25
1505
Asphalt Spreader
18.58
4.65
1506
Common or General
16.29
4.25
1507
Concrete Saw (Hand Held)
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 Naggers)
1513
Larimer, Weld
12.43
3.22
1514
PAINTER (Spray Only)
16.99
2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
26.75
5.39
1515
Larimer
1516
1517
Mesa, Weld -
23.93
7.72
Asphalt Paver
21.50
3.50
Asphalt Roller
3.50
1518
Larimcr
23.57
24.25
1519
Mesa
3.50
1520
Weld
27.23
3.50
Asphalt Spreader
1521
I.arimcr
25.88
6.80
1522
Mesa, Weld
23.66
7 36
Backhoe/1'rackh oe
1523
Larimer
21.46
19.81
4.85
1524
Mesa
6.34
1525
Weld
20.98
6.33
Bobcat/Skid Loader
1526
1527
Larimer
17.13
4.46
Mesa, Weld .
15.37
4.28
1528
1529
Boom
22.67
8.72
Broom/Sweeper
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 OO130016, 17, IS, 19, 20, 21, 22, 23 and 24 HIGH WAY 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):
Bulldozer
1532
Larimer, Weld
22.05
6.23
1533
Mesa
22.67
8.72
1534
Crane
26.75
6.16
Drill
31.39
1535
Larimer, Weld
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
0.22
1540
Weld
24.53
16.07
6.15
4.41
1541
Guardrail/Post Driver
1542
Loader (Front End)
1543
Larimer
20.45
3.50
1544
1545
Mesa
22.44
9.22
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
9.22
1550
Mesa
23.93
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 COI 30016, 17, 18, 19, 20, 21, 22, 23 and 24 I IIGI I WAY 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 (can't.):
Rotomill
18.59
1553
Larimer
4.41
1554
Weld
16.22
4.41
Scraper
1555
Larimer
21.33
3.50
1556
1557
Mesa
24.06
4.13
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 SIGNALIZA'1'ION:
1562
Groundsman
Larimer
11.44
2.84
1563
Mesa
16.00
5.85
1564
Weld
16.93
3.58
TRUCK DRIVER:
Distributor
1565
Larimer
19.28
19.17
4.89
1566
Mesa
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 CONS'IRl1CI'ION
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
1579
Water Truck
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
1.) 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, including requests for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the
Davis -Bacon survey program.
If the response from this initial contact is not satisfactory, then the process described in
2.) and 3.) should he followed.
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 1.) 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 patty may appeal directly to 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.
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
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 FHO/A-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 bun 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 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 contractor's
immediate superintendence and to all work performed oh 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 I abor: 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.
IL NONDISCRIMINATION
The provisions of this section related l0 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
'elated construction subcontracts of $10,000 or mere. The
provisions of 23 CFR Part 230 are not applicable lo 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 $10,000,
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
deterrnne 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
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 contractors 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 proyide 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
SD.
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 rneetings 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 lime 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
contractors procedures for locating and hiring minorities and
women.
d. Notices and posters selling forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractors EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal 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 likelyto 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
discrim;nalion. 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 lime. 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 Stale 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 inforrnationis 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 lo provide the contractor
with a reasonable flow of referrals within the lime 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 1
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and at rules and regulations established there
under. Employers must provide reasonable accommodation in
at 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 nol:fy all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
D. 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 apprcpriate.
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,
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 projeri, indicabne the number of minority, women, and
nonuninority group employees currently engaged in each work
classification required by the contract work This information is
to be reported on Form flit/VA-1391. Tue stalling data should
reuresent the project work force on hoard in all op any part of
tyre last payroll period preceding the end of July If on. he -job
training is being required by special provision, the contractor
will he required to collect and report training elate 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
Cr' ipioyces are provided m sec h a manner that segregation on
the oasis of racexolnr, religion. sex. or national origin cat awl
result rue contractor 'nay nmmer require such segregated
use oy written Or oral polices nor tolerate such use cy
employee custom. The contractor's obligation extends bather
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. dunking lountmns.
re crew bun or entertainment areas. transportation, end Motiu:rig
provided for employees. Die contractor snarl provide separate
or sirnpe•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.
July 19, 2012
Contracting agencies may elect to apply these requirements to
other projects.
The foltuvang pronsions 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
P. All laborers anti mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
once than once a week, and without Subsequent deduction or
rebate on any a r.counl (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Cepelarxl Acl t2sr CFR pad 3)), Ilse hill amount of
wages and bona floe fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained nl the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof. regardless of any contractual relahonsnip which may
be alleged to exist between the contractor and such laborers
and mechanlCs.
Cnndbullons made or i ostb reasonably anticmornrl ter bona
wile fringe benefits unrter section Ilbl(2) of the Davis -Bacon
Act on behalf 01 laborers or meclianlr s are considered wages
pail to such laborers or mechanics, subject In the provisions
of paragraph 1 a n' this section, also. regular contributions
made or costs incurred for Inure than n 'Meekly period (but nor
less ellen than quarterly; under plans. Rinds. or programs
which cover the garlieulat weekly period are deemed In be
constructively made a mooned Miring slick, weekly period.
Such laborers and mechanics shall be paid the appropnalln
wage rale aril lunge benefits on the .Sage determination Tor
the classriication of work actually performed. without regard to
skill. except its provined in 20 COP 5 5(041 t.ahnieis or
mechanics performing work tit more than one classification
may be compensated al the rale specified for each
classifcation for the One actually worked therein Provided.
Thal the employer's payroll records accumlely set lorlll the
tires spent in each classrbtallon in which work IS performed.
The wage determination (Including any additional classification
one wage rates conformed under paragraph I is of this
ser.tion) and the Davis -Bacon poster (Wfi-1321) shall be
posted at all limes by Ire contractor and its subcontractors at
the site of the work in a prominent and accessible place where
iI can be easily seen by the workers,
b.(1) The corer -actin." officer shall require that any class of
laborers er rnechanri s, including helpers. which is not lister! In
Me rage determination and which is to by employed under the
eontrac! shall he classified in conformance with the wage
determination The contracting officer shall approve an
additional classification and '.Sage rale and fringe benefits
therefore arty when the following entenia 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
will notify the contracting officer within the 30 -day period that
additional time is necessary.
(4) The wage rale (Including fringe benefits where
appropriate) determined pursuant to paragraphs f.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 rale, 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
requirementswhich is hetd 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 (allure to pay any
laborer or mechanic. iheludug any apprerdme. h,nnee, ra
helper, employed or working on the site of the work, all or parr
of the wages required by the contract. Me contracting agency
may, alter written notice to me 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 cortain the name, address, and social securitynumber 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 seCbon 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(4)(2)(8) 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 %wiling 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 loom desired Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site al htip/Mrww.dol.gov/esaMihd/forms/wh347lnstr.htm
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
sbbcontractor 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 pad 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 lull 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 suhmission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission cf 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 Stale 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 falls 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 al 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
S
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 al less Man the predetermined rate or the
work performed unless they are employed pursuant to and
Infbvitlbally registered in a program which has received prior
approval. evidenced by formal ,certification by the U.S.
Depastntent 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 nut less than the rate speed:ea
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 hinge benefits in accordance with the provisions of the
trainee program It the trainee program riots not mention
hinge 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
doter rmnalioll which provides for less Man lull tint g[: trent fits
for apprentices. Any employee listed oil the payroll at a trance
rate who is not registered aria participating in a Iraineh) plan
approved by the Employment and araimrrg Administration shall
be paid not less bran the applicable nage rate on me nage
determination for the classification of vmr k actually performed.
In addition. any trainee performing work on the job site in
excess of the ratio permitted undo, HIP registered program
shall be paid not less Man the applicable wage rate on the
wage deterrrunation for the work aeualty petforumit
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 rale for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this pad 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 certifiers by Inc
Secretary of Transportation as promoting EEO in connection
velh rederelald highway construction programs are not
subject to the requirements of paragraph 4 of this Section Iv
The straight time hourly wage rates for apprentices 3110
trainees under such programs will be established by the
particular programs The ,paid of apprentices and trainees 'o
July 19, 2012
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copoland Act requirements. The
contractor shall comply with Ilse requirements of 29 CFR part
3, which are incorporated by reference m this contract.
6. Subcontracts. The contractor or subcontracts shall insert
Form f I,WA 1273 ai any subcontracts and also require the
subcontractors to mcmde norm rl IWA-1273 in any lower tier
subcontracts. I tie prime contractor shall be responsible for the
conpltance by any subcontractor or rove, Iiea 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 add interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3. and 5
are ,tureen inculporaterl by relefence 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 Ink contract Such
disputes shalt he resolved in bcr,urdanee with IITe procedures
of the Depai tment of t ahnr set forth ill 29 sit parts 5, 6, and
7 risputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency. the 11S Pupa, a tieni of Labor, or the
er nployees ur Owe representatives.
10. Certification of eligibility.
a By entering into this contract. the contractor certifies that
neither it (nor he or she) nor arty person or Bml who has an
interest in the contractor's fain is a person or firm ineligible to
be awarded Government contracts by \attar: of section 3(a) of
the Davis -Bacon Act or 29 CFR 5 12m1(1)
b. No part of this contract shall be subcontracted to any person
cr fan 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 Fedenll.akt construction
contract in an amount in excess o1 5100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act These Causes shall he msened in addition to
tie clauses required by 29 CFR 5.5(a) or 29 CFR 4 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 al 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 Slates (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
Me total original contract price. excluding any specialty items
designated by the contracting agency. Specially 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 State regulatory requirements. Leased
employees may only be included in this tens 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. "Specially 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 turn, 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 (h) 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 fulfilment 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-perfomrance requirement of paragraph (1) is
not applicable to desrgn-build contracts; however, contracting
agencies 'nay establish thou 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, Slate, 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 Ilfe and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2- It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 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 Safely 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
Stales, or of any Stale;or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
characterquality. quantity, nr cost of the material used or to
be used, or the quantity ar 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;
Shalt 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 (I) of this Section X in
every subcontract, and lutther 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 Tier Participants:
a. By signing and submitting this proposal, the prospective
First tier participant is providing the certification set cut 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 I lewever,
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 Not 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 vim 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 Thal, 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 induce the clause titled
"Ceilificalion Regarding Debarment, Suspension, Inelgibiliry
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 wobsite (hops://www.epls.gov0, 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 nounally 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, Stale 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 otbenvise criminally or
civilly charged by a governmental entity (Federal, Stale 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.
July 19, 2012
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 codification 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 theprospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification waserroneous 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 tilled
'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 525,000 threshold.
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 (httos:llwww.eols.gow), which is
corepi'ed 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 tinder 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.
Codification 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.
Xl. 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
ATTACHMENTA - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federabald 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 specialty 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
contractors 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 I
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
July 19, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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 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.
c=c
GN�`f_ c C-Arvlr) vQ R'2M%
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 10, 2012
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I.
III.
Iv
V.
VI.
VII.
VIII.
IX,
X.
XI
General
Nondiscrimination
Nonsegregated Facilities
Davis -Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act
Provisions
Subletting or Assigning the Contract
Safety: Accident Prevention
False Statements Concerning Highway Projects
Implementation of Clean Air Act and Federal Water
Pollution Control Act
Compliance with Governmentwlde Suspension and
Debarment Requirements
Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Emplcyment 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). Tho 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 forsupplies or services related to a
construction contract).
2. Subject to the applicability Criteria noted In the following
sections, those contract provisions shall apply to all work
performed on the contract by the contractors own organization
and with the assfstegce of wor(cers under the contractors
immediate superintendence end to all work performed on the
contract by piecework, elation 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 I 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 dces 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 Tho
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 oxccutting $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in •11 CFR 604.3
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 rim contracting agency and the FIdWA have
lee authority and the responsibility to ensure compliance with
Title 23 USC Section LID, the Rehabilitation Act of 1973, as
amended (20 USC 7n-4), and Tale VI of the Civil Rights Act of
1984. as amended, and related regulations including 49 CFR
Parts 21.26 and 2'i: 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 discr}nlnate and to take
attimlatrve action to assure •09001 opportunity as set forth
under laws, executive orders, ntles, cogulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1622, 411 CFR 60 and 49 CFR 27)
and orders of the Secretory of :.;tbm as modified by the
3
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
provtsiens prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractors project activities under
this contract. The provisions of the Americans with Disabilities
iAct 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 onsuto that it has made ovary
good faith effort to provide metal opportunity with respect to all
of its torts 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 tor training.
including apprenticeship, pre-apprenlireshm. aedlor 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 HMS; 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
Mall who are authorized to hire, supervise, aromete, and
discharge employees, or wbn recommend such action, or vine
are substantially involved in such action, will be made fully
cognizant of, and vdll implement, the contractors EEO policy
and contractual responsibilities to provide EEO it each grade
and classification of employment. to ensure that the above
agreement wdl be mot, 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 lass often than once every six months, at which time the
contractor's EEO policy and its implementation will he
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All now 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 duly with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be Instnacted by the EEO Officer in,, the
contractors procedures for locating and hiring minorities and
women.
July 19, 2012
d. Notices and posters selling 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 le 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 Do 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 wll, union precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and pnvato 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 Avon: nut contractor has n valid bargaining
agreement providing for exclusive hiring nail referrals. the
contractor is expected to observe the provisions of that
agreement to the extent That the system meets leo contractor's
compliance with CEO contract provisions. Where
:mptementallon of such an agreement has are effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nntioiscnntinalld❑ provisions.
c. Dm contractor will encourage its present employees to
infer mmuntles and worsen as applicants fur 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 aurnedstorod. and
personnel actions of every type. Including hirims. upgrading,
promotion, :mnsrer, demotion, layoff, and termination, shall be
taken without regard to race, color. religion. sex. national
origin. age or disability. The following procedures shall oe
followed:
a. The contractor will conduct penedlc, inspections of project
sacs to insure that working conditions and employee facilities
do not Indicate discriminatory treatment of project site
personnel.
b. The contractor veil ponodicalry evaluate the spread of
wages paid wiinin each classification to determine any
evidence of discriminatory wage practices.
u. The contractor v,ill periodically review selected personnel
actions in depth to determine whether there Is evidence of
discrimination. Where evidence Is found, ;Ica contractor will
promptly take corredwe action. If the review indicates that the
discrimination may emend beyond the actions reviewed, suer.
corrective action shall include all affected persons.
July 19, 2012
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
d. The contractor wit 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
end 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 contractors
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, till 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, es 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 25.13(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 those 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 FHWPL
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 En each work
classification on the project;
(2) The progress and efforts being made in cooperation
With MOBS, 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 or
the project, indicating tee number of minority. women, and
non -minority group employees currently engaged in each work
classification required by the contract work. This information is
to he reported on Form el-WA-1_9I. The staffing data should
represent the project work force on board in all or arty part of
the lest payroll period preceding the end of July Il on-tha-jot
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 hoard during
all or any part of the test payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all FederaFaid 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, sox, or national origin cannot
result. The rontractor may neither require such segregated
use by written ur oral policies nor tolerate such use by
employee custom. Tile contractor's obligation extends thither
to ensure that its employees are nut assigned to perform their
services at any location, ender the contractors control, where
the facilities are segregated. the tent,'facilities" Includes
wailing rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, panking 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 FedorabaId 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.
July 19, 2012
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations In 79 CFR 5.5 "Contract provisions and
related matter' with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a All laborers and mechanics employed of working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without :ubsequenl 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 (20 CFR purl 3)). the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) dire at time of payment compelod at rates not loss
than those contained In the wage determination of the
Secretary of Labor which is attached nitrate and made a part
hereof, regardless of any contractual relatiunshlp which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions matte or costs reasonably nmicrpared for Dona
fide fringe benefits under section l(b)(2) of tire Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph I.d. of this section, also, regular contributions
made or costs Incurred for more than a weekly period (but not
loss often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to Le
constructively made or incurred during such weekly period.
Such laborers and mechanic:; shall be paid the appropriate
wage rate and fringe benefit:, on the wage determination fir
the classification of work actually performed, without regard to
skill• except as provided in 29 CFR 5 5(a)(g). Laborers or
mechanics performing work in more loan one classification
may be compensated at the rate specified for each
classilicaUun for the time actually worked therein' Provided,
That the employer's payroll records accurately set forth the
limn spent in each classification in which work is performed,
the wage determination (including airy additional crossllicatlur,
and wwage rates conformed undueparagraph t b. of this
sectkm) and the Davis -Bacon nester him -1121r shall be
posted at all times by the contractor am, Is subcontractors. at
die site of the work to a prominent and accessible place whore
it can be easily seen by the workers.
b.(1) the contmCling ollieor shall require chat any class or
laborers or mechanics, Including helpers, which is not listed in
Ile wage determination and which is to be employed wider (he
contract shall be classified In conformance with the wage
determination. The contracting officer shall approve an
additional classification end wage rare and fringe benefits
therefore only when the following criteria nave bean met
(i) The work to bo 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
-Oil) 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 of known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for hinge 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 end
so advisethe 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 far
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 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, th"e 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 en 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, er 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 evont of lafture to pay any
laborer or mechanic, including any apprentice. trainee, or
helper, ernployed or working on the sire of be 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 or 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 rnado 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 crowds such benefits is enforceable,
that the plan or program Is financially responsible, and that the
plan or program has been communicated in veiling to the
laborers or mechanic:, 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, anti the ratios and wage rates prescribed In the
applicable programs.
b. (1) The contractor shall submit weekly for Cate week In
which Joy contract work is performed a copy of all payrolis to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to bu
maintained under 29 CFR 5.5(a)(3)0), except that fur social
security tremors and home addresses shall not be Included
on weekly transmittals. Instead the payrolls shall only need In
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 town desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site al hithdie mr dol.quv/esarwhd/IunosAvh347inslr.htrr
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