HomeMy WebLinkAbout20112324.tiff a
) ri MEMORANDUM
0 C• TO: Clerk to the Board DATE: September 21, 2011
COLORADO p
FROM: Mike Bedell, Public Works
SUBJECT: Consent Agenda Item
Agreement for WCR 17/WCR34Intersection Improvements with Mountain Constructors in
the amount of S136,193.50, Bid No. B1100067.
Attached are two original Agreements; please return one signed original to Public Works.
Enclosures
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AGREEMENT
WCR 17/WCR 34 INTERSECTION IMPROVEMENTS
THIS AGREEMENT,made this 12th day of September ,2011, by and between Weld County,Colorado,hereinafter
called "Owner"and
Mountain Constructors, Inc. doing business as (an individual, ) or (a partnership,) or (a corporation) hereinafter called
"Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: WCR I7/WCR 34 INTERSECTION
IMPROVEMENTS as described in the Invitation for Bids,Bid No.B1100067.
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary
for the construction and completion of the Project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days
after the Notice to Proceed and will complete the WCR 17/WCR 34 INTERSECTION IMPROVEMENTS
within 45 calendar days unless the period for completion is extended otherwise by the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the
terms therein for the sum of$ 136,193.50 , or as shown in the Bid Schedule.
5. The term"Contract Documents"means and includes the following:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Statement of Qualifications and Subcontractors
(F) Required Project Forms
(G) Agreement
(H) Labor and Materials Payment Bond
(I) Performance Bond
(J) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Certificate of Substantial Completion
(N) Lien Waiver
(O) Notice of Acceptance
(P) Contract, Specifications and Drawings issued by the Weld County Public Works
Department.
(Q) Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction"
(R) Colorado Department of Transportation Standard Plans"M&S Standards"
(S) Addenda:
No. One(1)dated August 1,2011.
No. Two(2)dated August 12,2011.
6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,
or otherwise agreed upon in writing.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for
this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring
additional compensable work to be performed, which work causes the aggregate amount payable under the
Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the
Owner assures the Contractor, in writing,that lawful appropriations to cover the costs of the additional work
has been made or unless such work is covered under a remedy-granting provision contained in the Contract.
IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this
Agreement in two(2)copies each of which shall be deemed an original on the date first above written.
ORDERED BY:
ACCEPTED BY:
THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR
BY dczt ,i/71, t-, B
NAME Barbara Kirkmever NAME-PO-me 1A 'bunLan
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February 3, 2011
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 though 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.
February 3, 2011
1
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall
not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g. the last four digits of the employee's social security
number). Contractors and subcontractors shall maintain the full social security number and current address of
each covered worker, and shall provide them to the SHA upon request.
February 3, 2011
2
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA-1273 Electronic version—March 10,1994
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
6. Selection of Labor: During the performance of this contract,
Page the contractor shall not:
I. General 1
II. Nondiscrimination 1 a. discriminate against labor from any other State, possession,
III. Nonsegrated Facilities 3 or territory of the United States(except for employment preference
9 for Appalachian contracts, when applicable, as specified in
IV. Payment of Predetermined Minimum Wage 3 Attachment A),or
V. Statements and Payrolls 6
VI. Record of Materials, Supplies, and Labor 6 b. employ convict labor for any purpose within the limits of the
VII. GeneralSubletting or Assigning the Contract 7 project unless it is labor performed by convicts who are on parole,
VIII. Safety:Accident Prevention 7 supervised release,or probation.
IX. False Statements Concerning Highway Projects 7
X. Implementation of Clean Air Act and Federal II. NONDISCRIMINATION
Water Pollution Control Act 8 (Applicable to all Federal-aid construction contracts and to all
XI. Certification Regarding Debarment, Suspension...... related subcontracts of$10,000 or more.)
Ineligibility,and Voluntary Exclusion 8
XII. Certification Regarding Use of Contract Funds for... 1. Equal Employment Opportunity: Equal employment opportu-
Lobbying 9 nity(EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, execu-
ATTACHMENTS tive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41
CFR 60) and orders of the Secretary of Labor as modified by the
A. Employment Preference for Appalachian Contracts provisions prescribed herein, and imposed pursuant to 23 U.S.C.
(included in Appalachian contracts only) 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract.
The Equal Opportunity Construction Contract Specifications set
I. GENERAL
forth under 41 CFR 60-4.3 and the provisions of the American
1. Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under
These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the 28 t CFR c 35 and 29 CFR n of are incorporated oy roc or agrees in hto
contract. In the execution of this contract,the contractor to
assistance of workers under the contractor's immediate superin- comply with the following minimum specific requirement activities
tendence and to all work performed on the contract by piecework, of EEO:
station work, or by subcontract.
a. The contractor will work with the State highway agency(SHA)
2. Except as otherwise provided for in each section,the contractor
and the Federal Government in carrying out EEO obligations and
shall insert in each subcontract all of the stipulations contained in in their review of his/her activities under the contract.
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may b. The contractor will accept as his operating policy the
in turn be made. The Required Contract Provisions shall not be following statement:
incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier "It is the policy of this Company to assure that applicants
subcontractor with these Required Contract Provisions. are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
3. A breach of any of the stipulations contained in these Required color, national origin, age or disability. Such action shall
Contract Provisions shall be sufficient grounds for termination of include: employment, upgrading, demotion, or transfer;
the contract. recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
4. A breach of the following clauses of the Required Contract
and selection for training, including apprenticeship,
Provisions may also be grounds for debarment as provided in 29
preapprenticeship,and/or on-the-job training."
CFR 5.12:
2. EEO Officer: The contractor will designate and make known to
Section I,paragraph 2; the SHA contracting officers an EEO Officer who will have the
Section IV,paragraphs 1,2, 3,4, and 7; responsibility for and must be capable of effectively administering
Section V,paragraphs 1 and 2a through 2g. and promoting an active contractor program of EEO and who must
be assigned adequate authority and responsibility to do so.
5. Disputes arising out of the labor standards provisions of Section
IV(except paragraph 5)and Section V of these Required Contract 3. Dissemination of Policy: All members of the contractor's staff
Provisions shall not be subject to the general disputes clause of who are authorized to hire, supervise, promote, and discharge
this contract. Such disputes shall be resolved in accordance with employees, or who recommend such action, or who are
the procedures of the U.S. Department of Labor(DOL)as set forth substantially involved in such action, will be made fully cognizant
in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause of, and will implement,the contractor's EEO policy and contractual
include disputes between the contractor (or any of its responsibilities to provide EEO in each grade and classification of
subcontractors) and the contracting agency, the DOL, or the employment. To ensure that the above agreement will be met,the
contractor's employees or their representatives. 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
February 3, 2011
3
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
less often than once every six months, at which time the contract- may extend beyond the actions reviewed, such corrective action
or's EEO policy and its implementation will be reviewed and shall include all affected persons.
explained. The meetings will be conducted by the EEO Officer.
d. The contractor will promptly investigate all complaints of
b. All new supervisory or personnel office employees will be alleged discrimination made to the contractor in connection with his
given a thorough indoctrination by the EEO Officer, covering all obligations under this contract, will attempt to resolve such corn-
major aspects of the contractor's EEO obligations within thirty days plaints, and will take appropriate corrective action within a reason-
following their reporting for duty with the contractor. able time. If the investigation indicates that the discrimination may
affect persons other than the complainant, such corrective action
c. All personnel who are engaged in direct recruitment for the shall include such other persons. Upon completion of each
project will be instructed by the EEO Officer in the contractor's investigation, the contractor will inform every complainant of all of
procedures for locating and hiring minority group employees. his avenues of appeal.
d. Notices and posters setting forth the contractor's EEO policy 6. Training and Promotion:
will be placed in areas readily accessible to employees, applicants
for employment and potential employees. a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
e. The contractor's EEO policy and the procedures to implement applicants for employment.
such policy will be brought to the attention of employees by means
of meetings,employee handbooks,or other appropriate means. b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations,the contractor
4. Recruitment: When advertising for employees, the contractor shall make full use of training programs, i.e., apprenticeship, and
will include in all advertisements for employees the notation: "An on-the-job training programs for the geographical area of contract
Equal Opportunity Employer." All such advertisements will be performance. Where feasible, 25 percent of apprentices or
placed in publications having a large circulation among minority trainees in each occupation shall be in their first year of appren-
groups in the area from which the project work force would ticeship or training. In the event a special provision for training is
normally be derived. provided under this contract,this subparagraph will be superseded
as indicated in the special provision.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through c. The contractor will advise employees and applicants for
public and private employee referral sources likely to yield qualified employment of available training programs and entrance require-
minority group applicants. To meet this requirement,the contractor ments for each.
will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority d. The contractor will periodically review the training and
group applicants may be referred to the contractor for employment promotion potential of minority group and women employees and
consideration. will encourage eligible employees to apply for such training and
promotion.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to 7. Unions: If the contractor relies in whole or in part upon unions
observe the provisions of that agreement to the extent that the as a source of employees, the contractor will use his/her best
system permits the contractor's compliance with EEO contract efforts to obtain the cooperation of such unions to increase
provisions. (The DOL has held that where implementation of such opportunities for minority groups and women within the unions,and
agreements have the effect of discriminating against minorities or to effect referrals by such unions of minority and female
women, or obligates the contractor to do the same, such imple- employees. Actions by the contractor either directly or through a
mentation violates Executive Order 11246,as amended.) contractor's association acting as agent will include the procedures
set forth below:
c. The contractor will encourage his present employees to refer
minority group applicants for employment. Information and a. The contractor will use best efforts to develop, in cooperation
procedures with regard to referring minority group applicants will with the unions, joint training programs aimed toward qualifying
be discussed with employees. more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
5. Personnel Actions: Wages, working conditions, and employ- women so that they may qualify for higher paying employment.
ee benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion, b. The contractor will use best efforts to incorporate an EEO
transfer, demotion, layoff, and termination, shall be taken without clause into each union agreement to the end that such union will
regard to race, color, religion, sex, national origin, age or disability. be contractually bound to refer applicants without regard to their
The following procedures shall be followed: race,color,religion,sex, national origin,age or disability.
a. The contractor will conduct periodic inspections of project c. The contractor is to obtain information as to the referral
sites to insure that working conditions and employee facilities do practices and policies of the labor union except that to the extent
not indicate discriminatory treatment of project site personnel. such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
b. The contractor will periodically evaluate the spread of wages the contractor, the contractor shall so certify to the SHA and shall
paid within each classification to determine any evidence of set forth what efforts have been made to obtain such information.
discriminatory wage practices.
d. In the event the union is unable to provide the contractor with
c. The contractor will periodically review selected personnel a reasonable flow of minority and women referrals within the time
actions in depth to determine whether there is evidence of discrimi- limit set forth in the collective bargaining agreement,the contractor
nation. Where evidence is found,the contractor will promptly take will, through independent recruitment efforts, fill the employment
corrective action. If the review indicates that the discrimination vacancies without regard to race, color, religion, sex, national
February 3, 2011
4
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
origin, age or disability;making full efforts to obtain qualified and/or a. By submission of this bid, the execution of this contract or
qualifiable minority group persons and women. (The DOL has held subcontract, or the consummation of this material supply agree-
that it shall be no excuse that the union with which the contractor ment or purchase order, as appropriate, the bidder, Federal-aid
has a collective bargaining agreement providing for exclusive construction contractor,subcontractor,material supplier,or vendor,
referral failed to refer minority employees.) In the event the union as appropriate, certifies that the firm does not maintain or provide
referral practice prevents the contractor from meeting the for its employees any segregated facilities at any of its establish-
obligations pursuant to Executive Order 11246, as amended, and ments, and that the firm does not permit its employees to perform
these special provisions, such contractor shall immediately notify their services at any location, under its control, where segregated
the SHA. facilities are maintained. The firm agrees that a breach of this
certification is a violation of the EEO provisions of this contract.
8. Selection of Subcontractors, Procurement of Materials and The firm further certifies that no employee will be denied access to
Leasing of Equipment: The contractor shall not discriminate on adequate facilities on the basis of sex or disability.
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including b. As used in this certification, the term "segregated facilities"
procurement of materials and leases of equipment. means any waiting rooms,work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
a. The contractor shall notify all potential subcontractors and other storage or dressing areas, parking lots, drinking fountains,
suppliers of his/her EEO obligations under this contract. recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
b. Disadvantaged business enterprises(DBE), as defined in 49 directive, or are, in fact, segregated on the basis of race, color,
CFR 23, shall have equal opportunity to compete for and perform religion, national origin, age or disability, because of habit, local
subcontracts which the contractor enters into pursuant to this custom, or otherwise. The only exception will be for the disabled
contract. The contractor will use his best efforts to solicit bids from when the demands for accessibility override (e.g. disabled
and to utilize DBE subcontractors or subcontractors with parking).
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction firms c. The contractor agrees that it has obtained or will obtain identical
from SHA personnel. certification from proposed subcontractors or material suppliers
prior to award of subcontracts or consummation of material supply
c. The contractor will use his best efforts to ensure subcon- agreements of $10,000 or more and that it will retain such
tractor compliance with their EEO obligations. certifications in its files.
9. Records and Reports: The contractor shall keep such records IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following (Applicable to all Federal-aid construction contracts exceeding
completion of the contract work and shall be available at reason- $2,000 and to all related subcontracts, except for projects located
able times and places for inspection by authorized representatives on roadways classified as local roads or rural minor collectors,
of the SHA and the FHWA. which are exempt.)
a. The records kept by the contractor shall document the 1. General:
following:
a. All mechanics and laborers employed or working upon the
(1) The number of minority and non-minority group site of the work will be paid unconditionally and not less often than
members and women employed in each work classification on the once a week and without subsequent deduction or rebate on any
project; account [except such payroll deductions as are permitted by
regulations(29 CFR 3)issued by the Secretary of Labor under the
(2) The progress and efforts being made in cooperation with Copeland Act (40 U.S.C. 276c)] the full amounts of wages and
unions, when applicable,to increase employment opportunities for bona fide fringe benefits (or cash equivalents thereof) due at time
minorities and women; of payment. The payment shall be computed at wage rates not
less than those contained in the wage determination of the
(3) The progress and efforts being made in locating, hiring, Secretary of Labor(hereinafter"the wage determination")which is
training, qualifying, and upgrading minority and female employees; attached hereto and made a part hereof, regardless of any
and contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics.
(4) The progress and efforts being made in securing the The wage determination (including any additional classifications
services of DBE subcontractors or subcontractors with meaningful and wage rates conformed under paragraph 2 of this Section IV
minority and female representation among their employees. and the DOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and its subcontractors at the
b. The contractors will submit an annual report to the SHA each site of the work in a prominent and accessible place where it can
July for the duration of the project, indicating the number of be easily seen by the workers. For the purpose of this Section,
minority, women, and non-minority group employees currently contributions made or costs reasonably anticipated for bona fide
engaged in each work classification required by the contract work. fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40
This information is to be reported on Form FHWA-1391. If on-the- U.S.C. 276a) on behalf of laborers or mechanics are considered
job training is being required by special provision, the contractor wages paid to such laborers or mechanics, subject to the provi-
will be required to collect and report training data. sions of Section IV, paragraph 3b, hereof. Also,for the purpose of
this Section, regular contributions made or costs incurred for more
III. NONSEGREGATED FACILITIES than a weekly period (but not less often than quarterly) under
(Applicable to all Federal-aid construction contracts and to all plans, funds, or programs, which cover the particular weekly
related subcontracts of$10,000 or more.) period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
February 3, 2011
5
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
determination for the classification of work actually performed, classification from the first day on which work is performed in the
without regard to skill,except as provided in paragraphs 4 and 5 of classification.
this Section IV.
3. Payment of Fringe Benefits:
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each a. Whenever the minimum wage rate prescribed in the contract
classification for the time actually worked therein, provided,that the for a class of laborers or mechanics includes a fringe benefit which
employer's payroll records accurately set forth the time spent in is not expressed as an hourly rate, the contractor or
each classification in which work is performed. subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide
c. All rulings and interpretations of the Davis-Bacon Act and fringe benefit or an hourly case equivalent thereof.
related ads contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in this contract. b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
2. Classification: consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
a. The SHA contracting officer shall require that any class of fringe benefits under a plan or program, provided, that the Secre-
laborers or mechanics employed under the contract, which is not tary of Labor has found, upon the written request of the contractor,
listed in the wage determination,shall be classified in conformance that the applicable standards of the Davis-Bacon Act have been
with the wage determination. met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations
b. The contracting officer shall approve an additional under the plan or program.
classification,wage rate and fringe benefits only when the following
criteria have been met: 4. Apprentices and Trainees (Programs of the U.S. DOL)and
Helpers:
(1) the work to be performed by the additional classification
requested is not performed by a classification in the wage a. Apprentices:
determination;
(1) Apprentices will be permitted to work at less than the
(2) the additional classification is utilized in the area by the predetermined rate for the work they performed when they are
construction industry: employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
(3) the proposed wage rate, including any bona fide fringe Training Administration, Bureau of Apprenticeship and Training, or
benefits, bears a reasonable relationship to the wage rates with a State apprenticeship agency recognized by the Bureau,or if
contained in the wage determination;and a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
(4) with respect to helpers, when such a classification who is not individually registered in the program,but who has been
prevails in the area in which the work is performed. certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate) to be eligible for
c. If the contractor or subcontractors, as appropriate, the probationary employment as an apprentice.
laborers and mechanics(if known)to be employed in the additional
classification or their representatives, and the contracting officer (2) The allowable ratio of apprentices to journeyman-level
agree on the classification and wage rate (including the amount employees on the job site in any craft classification shall not be
designated for fringe benefits where appropriate), a report of the greater than the ratio permitted to the contractor as to the entire
action taken shall be sent by the contracting officer to the DOL, work force under the registered program. Any employee listed on
Administrator of the Wage and Hour Division, Employment Stan- a payroll at an apprentice wage rate, who is not registered or
dards Administration, Washington, D.C. 20210. The Wage and otherwise employed as stated above, shall be paid not less than
Hour Administrator, or an authorized representative, will approve, the applicable wage rate listed in the wage determination for the
modify, or disapprove every additional classification action within classification of work actually performed. In addition, any appren-
30 days of receipt and so advise the contracting officer or will notify tice performing work on the job site in excess of the ratio permitted
the contracting officer within the 30-day period that additional time under the registered program shall be paid not less than the
is necessary. applicable wage rate on the wage determination for the work
actually performed. Where a contractor or subcontractor is
d. In the event the contractor or subcontractors, as appropriate, performing construction on a project in a locality other than that in
the laborers or mechanics to be employed in the additional which its program is registered, the ratios and wage rates (ex-
classification or their representatives, and the contracting officer do pressed in percentages of the journeyman-level hourly rate)
not agree on the proposed classification and wage rate (including specified in the contractors or subcontractors registered program
the amount designated for fringe benefits, where appropriate), the shall be observed.
contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting (3) Every apprentice must be paid at not less than the rate
officer, to the Wage and Hour Administrator for determination. specified in the registered program for the apprentice's level of
Said Administrator, or an authorized representative, will issue a progress, expressed as a percentage of the journeyman-level
determination within 30 days of receipt and so advise the hourly rate specified in the applicable wage determination.
contracting officer or will notify the contracting officer within the 30- Apprentices shall be paid fringe benefits in accordance with the
day period that additional time is necessary provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid
e. The wage rate (including fringe benefits where appropriate) the full amount of fringe benefits listed on the wage determination
determined pursuant to paragraph 2c or 2d of this Section IV shall for the applicable classification. If the Administrator for the Wage
be paid to all workers performing work in the additional and Hour Division determines that a different practice prevails for
February 3, 2011
6
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
the applicable apprentice classification, fringes shall be paid in be established by the particular programs. The ratio of apprentices
accordance with that determination. and trainees to journeymen shall not be greater than permitted by
the terms of the particular program.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau, 6. Withholding:
withdraws approval of an apprenticeship program,the contractor or
subcontractor will no longer be permitted to utilize apprentices at The SHA shall upon its own action or upon written request of
less than the applicable predetermined rate for the comparable an authorized representative of the DOL withhold, or cause to be
work performed by regular employees until an acceptable program withheld, from the contractor or subcontractor under this contract
is approved. or any other Federal contract with the same prime contractor, or
any other Federally-assisted contract subject to Davis-Bacon
b. Trainees: prevailing wage requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
(1) Except as provided in 29 CFR 5.16, trainees will not be be considered necessary to pay laborers and mechanics, including
permitted to work at less than the predetermined rate for the work apprentices, trainees, and helpers, employed by the contractor or
performed unless they are employed pursuant to and individually any subcontractor the full amount of wages required by the
registered in a program which has received prior approval, evi- contract. In the event of failure to pay any laborer or mechanic,
denced by formal certification by the DOL, Employment and including any apprentice, trainee, or helper, employed or working
Training Administration. on the site of the work, all or part of the wages required by the
contract,the SHA contracting officer may,after written notice to the
(2) The ratio of trainees to journeyman-level employees on contractor, take such action as may be necessary to cause the
the job site shall not be greater than permitted under the plan suspension of any further payment, advance,or guarantee of funds
approved by the Employment and Training Administration. Any until such violations have ceased.
employee listed on the payroll at a trainee rate who is not regis-
tered and participating in a training plan approved by the Employ- 7. Overtime Requirements:
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica- No contractor or subcontractor contracting for any part of the
lion of work actually performed. In addition, any trainee performing contract work which may require or involve the employment of
work on the job site in excess of the ratio permitted under the laborers, mechanics, watchmen, or guards (including apprentices,
registered program shall be paid not less than the applicable wage trainees,and helpers described in paragraphs 4 and 5 above)shall
rate on the wage determination for the work actually performed. require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she is employed on such work, to work
(3) Every trainee must be paid at not less than the rate in excess of 40 hours in such workweek unless such laborer,
specified in the approved program for his/her level of progress, mechanic, watchman, or guard receives compensation at a rate
expressed as a percentage of the journeyman-level hourly rate not less than one-and-one-half times his/her basic rate of pay for
specified in the applicable wage determination. Trainees shall be all hours worked in excess of 40 hours in such workweek.
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, 8. Violation:
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Liability for Unpaid Wages; Liquidated Damages: In the event
Hour Division determines that there is an apprenticeship program of any violation of the clause set forth in paragraph 7 above, the
associated with the corresponding journeyman-level wage rate on contractor and any subcontractor responsible thereof shall be liable
the wage determination which provides for less than full fringe to the affected employee for his/her unpaid wages. In addition,
benefits for apprentices, in which case such trainees shall receive such contractor and subcontractor shall be liable to the United
the same fringe benefits as apprentices. States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory) for
(4) In the event the Employment and Training Administration liquidated damages. Such liquidated damages shall be computed
withdraws approval of a training program, the contractor or with respect to each individual laborer, mechanic, watchman, or
subcontractor will no longer be permitted to utilize trainees at less guard employed in violation of the clause set forth in paragraph 7,
than the applicable predetermined rate for the work performed until in the sum of$10 for each calendar day on which such employee
an acceptable program is approved. was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required
c. Helpers: by the clause set forth in paragraph 7.
Helpers will be permitted to work on a project if the helper 9. Withholding for Unpaid Wages and Liquidated Damages:
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance proce- The SHA shall upon its own action or upon written request of
dure set forth in Section IV.2. Any worker listed on a payroll at a any authorized representative of the DOL withhold, or cause to be
helper wage rate,who is not a helper under a approved definition, withheld, from any monies payable on account of work performed
shall be paid not less than the applicable wage rate on the wage by the contractor or subcontractor under any such contract or any
determination for the classification of work actually performed. other Federal contract with the same prime contractor,or any other
Federally-assisted contract subject to the Contract Work Hours and
5. Apprentices and Trainees(Programs of the U.S. DOT): Safety Standards Act,which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
Apprentices and trainees working under apprenticeship and skill liabilities of such contractor or subcontractor for unpaid wages and
training programs which have been certified by the Secretary of liquidated damages as provided in the clause set forth in para-
Transportation as promoting EEO in connection with Federal- graph 8 above.
aid highway construction programs are not subject to the require- V. STATEMENTS AND PAYROLLS
ments of paragraph 4 of this Section IV. The straight time hourly
wage rates for apprentices and trainees under such programs will
February 3, 2011
7
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
(Applicable to all Federal-aid construction contracts exceeding (2) that such laborer or mechanic (including each helper,
$2,000 and to all related subcontracts, except for projects located apprentice, and trainee) employed on the contract during the
on roadways classified as local roads or rural collectors,which are payroll period has been paid the full weekly wages earned,without
exempt.) rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned,
1. Compliance with Copeland Regulations(29 CFR 3): other than permissible deductions as set forth in the Regulations,
29 CFR 3;
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference. (3)that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent for
2. Payrolls and Payroll Records: the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the e. The weekly submission of a properly executed certification
course of the work and preserved for a period of 3 years from the set forth on the reverse side of Optional Form WH-347 shall satisfy
date of completion of the contract for all laborers, mechanics, the requirement for submission of the "Statement of Compliance"
apprentices, trainees, watchmen, helpers, and guards working at required by paragraph 2d of this Section V.
the site of the work.
f. The falsification of any of the above certifications may subject
b. The payroll records shall contain the name, social security the contractor to civil or criminal prosecution under 18 U.S.C. 1001
number, and address of each such employee; his or her correct and 31 U.S.C.231.
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or g. The contractor or subcontractor shall make the records
cash equivalent thereof the types described in Section 1(b)(2)(B)of required under paragraph 2b of this Section V available for inspec-
the Davis Bacon Act); daily and weekly number of hours worked; tion, copying, or transcription by authorized representatives of the
deductions made; and actual wages paid. In addition, for Appala- SHA, the FHWA, or the DOL, and shall permit such repre-
chian contracts,the payroll records shall contain a notation indicat- sentatives to interview employees during working hours on the job.
ing whether the employee does,or does not, normally reside in the If the contractor or subcontractor fails to submit the required
labor area as defined in Attachment A,paragraph 1. Whenever the records or to make them available, the SHA,the FHWA,the DOL,
Secretary of Labor, pursuant to Section IV, paragraph 3b, has or all may,after written notice to the contractor, sponsor,applicant,
found that the wages of any laborer or mechanic include the or owner, take such actions as may be necessary to cause the
amount of any costs reasonably anticipated in providing benefits suspension of any further payment, advance, or guarantee of
under a plan or program described in Section 1(b)(2)(B) of the funds. Furthermore, failure to submit the required records upon
Davis Bacon Act, the contractor and each subcontractor shall request or to make such records available may be grounds for
maintain records which show that the commitment to provide such debarment action pursuant to 29 CFR 5.12.
benefits is enforceable, that the plan or program is financially
responsible, that the plan or program has been communicated in VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR
writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits. 1.On all Federal-aid contracts on the National Highway System,
Contractors or subcontractors employing apprentices or trainees except those which provide solely for the installation of protective
under approved programs shall maintain written evidence of the devices at railroad grade crossings, those which are constructed
registration of apprentices and trainees, and ratios and wage rates on a force account or direct labor basis, highway beautification
prescribed in the applicable programs. contracts, and contracts for which the total final construction cost
for roadway and bridge is less than $1,000,000 (23 CFR 635)the
c. Each contractor and subcontractor shall furnish,each week in contractor shall:
which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees(including a. Become familiar with the list of specific materials and
apprentices, trainees, and helpers, described in Section IV, para- supplies contained in Form FHWA-47, "Statement of Materials and
graphs 4 and 5, and watchmen and guards engaged on work Labor Used by Contractor of Highway Construction Involving
during the preceding weekly payroll period). The payroll submitted Federal Funds," prior to the commencement of work under this
shall set out accurately and completely all of the information contract.
required to be maintained under paragraph 2b of this Section V.
This information may be submitted in any form desired. Optional b. Maintain a record of the total cost of all materials and
Form WH-347 is available for this purpose and may be purchased supplies purchased for and incorporated in the work, and also of
from the Superintendent of Documents(Federal stock number 029- the quantities of those specific materials and supplies listed on
005-0014-1), U.S. Government Printing Office, Washington, D.C. Form FHWA-47,and in the units shown on Form FHWA-47.
20402. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
d. Each payroll submitted shall be accompanied by a required in paragraph lb relative to materials and supplies, a final
"Statement of Compliance," signed by the contractor or subcon- labor summary of all contract work indicating the total hours
tractor or his/her agent who pays or supervises the payment of the worked and the total amount earned.
persons employed under the contract and shall certify the follow-
ing: 2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
(1) that the payroll for the payroll period contains the subcontract shall be submitted.
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
VII. SUBLETTING OR ASSIGNING THE CONTRACT
February 3, 2011
8
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
have right of entry to any site of contract performance to inspect or
1. The contractor shall perform with its own organization contract investigate the matter of compliance with the construction safety
work amounting to not less than 30 percent(or a greater percent- and health standards and to carry out the duties of the Secretary
age if specified elsewhere in the contract) of the total original under Section 107 of the Contract Work Hours and Safety
contract price, excluding any specialty items designated by the Standards Act(40 U.S.C.333).
State. Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted IX.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
from the total original contract price before computing the amount
of work required to be performed by the contractor's own organiza- In order to assure high quality and durable construction in
tion(23 CFR 635). conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
a. "Its own organization" shall be construed to include only engineers, contractors, suppliers, and workers on Federal-aid
workers employed and paid directly by the prime contractor and highway projects, it is essential that all persons concerned with the
equipment owned or rented by the prime contractor,with or without project perform their functions as carefully, thoroughly, and
operators. Such term does not include employees or equipment of honestly as possible. Willful falsification, distortion, or misrepre-
a subcontractor,assignee,or agent of the prime contractor. sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
b. "Specialty Items"shall be construed to be limited to work that regarding the seriousness of these and similar acts, the following
requires highly specialized knowledge, abilities, or equipment not notice shall be posted on each Federal-aid highway project (23
ordinarily available in the type of contracting organizations qualified CFR 635) in one or more places where it is readily available to all
and expected to bid on the contract as a whole and in general are persons concerned with the project:
to be limited to minor components of the overall contract.
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
2. The contract amount upon which the requirements set forth in HIGHWAY PROJECTS
paragraph 1 of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or 18 U.S.C. 1020 reads as follows:
produced by the contractor under the contract provisions.
"Whoever, being an officer, agent, or employee of the United
3. The contractor shall furnish (a) a competent superintendent or States, or of any State or Territory, or whoever, whether a person,
supervisor who is employed by the firm, has full authority to direct association, firm, or corporation, knowingly makes any false
performance of the work in accordance with the contract require- statement, false representation, or false report as to the character,
ments,and is in charge of all construction operations(regardless of quality, quantity, or cost of the material used or to be used, or the
who performs the work) and (b) such other of its own quantity or quality of the work performed or to be performed, or the
organizational resources(supervision,management,and engineer- cost thereof in connection with the submission of plans, maps,
ing services) as the SHA contracting officer determines is neces- specifications, contracts, or costs of construction on any highway
sary to assure the performance of the contract. or related project submitted for approval to the Secretary of
Transportation;or
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting Whoever knowingly makes any false statement, false represen-
officer, or authorized representative, and such consent when given tation, false report or false claim with respect to the character,
shall not be construed to relieve the contractor of any responsibility quality, quantity, or cost of any work performed or to be performed,
for the fulfillment of the contract. Written consent will be given only or materials furnished or to be furnished, in connection with the
after the SHA has assured that each subcontract is evidenced in construction of any highway or related project approved by the
writing and that it contains all pertinent provisions and Secretary of Transportation;or
requirements of the prime contract.
Whoever knowingly makes any false statement or false repre-
VIII. SAFETY:ACCIDENT PREVENTION sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal-aid Roads Act
1. In the performance of this contract the contractor shall comply approved July 21, 1916, (39 Stat. 355), as amended and supple-
with all applicable Federal, State, and local laws governing safety, mented;
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take Shall be fined not more that$10,000 or imprisoned not more than 5
any other needed actions as it determines, or as the SHA contract- years or both."
ing officer may determine, to be reasonably necessary to protect
the life and health of employees on the job and the safety of the X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
public and to protect property in connection with the performance WATER POLLUTION CONTROL ACT
of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition (Applicable to all Federal-aid construction contracts and to all
of each subcontract, which the contractor enters into pursuant to related subcontracts of$100,000 or more.)
this contract, that the contractor and any subcontractor shall not By submission of this bid or the execution of this contract, or
permit any employee, in performance of the contract, to work in subcontract, as appropriate, the bidder, Federal-aid construction
surroundings or under conditions which are unsanitary, hazardous contractor, or subcontractor, as appropriate, will be deemed to
or dangerous to his/her health or safety, as determined under have stipulated as follows:
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 1. That any facility that is or will be utilized in the performance of
(40 U.S.C.333). this contract, unless such contract is exempt under the Clean Air
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that Act, as amended (42 U.S.C. 1857 et seg., as amended by Pub.L.
the Secretary of Labor or authorized representative thereof, shall 91-604), and under the Federal Water Pollution Control Act, as
February 3, 2011
9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
amended(33 U.S.C. 1251 et seq.,as amended by Pub.L. 92-500), ineligible, or voluntarily excluded from participation in this covered
Executive Order 11738, and regulations in implementation thereof transaction, unless authorized by the department or agency
(40 CFR 15) is not listed, on the date of contract award, on the entering into this transaction.
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20. g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifi-
2. That the firm agrees to comply and remain in compliance with cation Regarding Debarment, Suspension, Ineligibility and Volun-
all the requirements of Section 114 of the Clean Air Act and tary Exclusion-Lower Tier Covered Transaction," provided by the
Section 308 of the Federal Water Pollution Control Act and all department or agency entering into this covered transaction,
regulations and guidelines listed thereunder. without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA, h. A participant in a covered transaction may rely upon a
indicating that a facility that is or will be utilized for the contract is certification of a prospective participant in a lower tier covered
under consideration to be listed on the EPA List of Violating transaction that is not debarred, suspended, ineligible, or volun-
Facilities. tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method
4. That the firm agrees to include or cause to be included the and frequency by which it determines the eligibility of its principals.
requirements of paragraph 1 through 4 of this Section X in every Each participant may,but is not required to, check the nonprocure-
nonexempt subcontract, and further agrees to take such action as ment portion of the "Lists of Parties Excluded From Federal
the government may direct as a means of enforcing such require- Procurement or Nonprocurement Programs" (Nonprocurement
ments. List)which is compiled by the General Services Administration.
XI.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, I. Nothing contained in the foregoing shall be construed to
INELIGIBILITY AND VOLUNTARY EXCLUSION require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
1. Instructions for Certification - Primary Covered Transac- and information of participant is not required to exceed that which
tions: is normally possessed by a prudent person in the ordinary course
of business dealings.
(Applicable to all Federal-aid contracts-49 CFR 29) j. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly
a. By signing and submitting this proposal, the prospective enters into a lower tier covered transaction with a person who is
primary participant is providing the certification set out below. suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
b. The inability of a person to provide the certification set out available to the Federal Government, the department or agency
below will not necessarily result in denial of participation in this may terminate this transaction for cause or default.
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection ""•
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary Certification Regarding Debarment,Suspension,Ineligibility
participant to furnish a certification or an explanation shall disquali- and Voluntary Exclusion--Primary Covered Transactions
fy such a person from participation in this transaction.
1. The prospective primary participant certifies to the best of its
c. The certification in this clause is a material representation of knowledge and belief,that it and its principals:
fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later a. Are not presently debarred, suspended, proposed for
determined that the prospective primary participant knowingly debarment, declared ineligible, or voluntarily excluded from
rendered an erroneous certification, in addition to other remedies covered transactions by any Federal department or agency;
available to the Federal Government, the department or agency
may terminate this transaction for cause of default. b. Have not within a 3-year period preceding this proposal been
convicted of or had a civil judgement rendered against them for
d. The prospective primary participant shall provide immediate commission of fraud or a criminal offense in connection with
written notice to the department or agency to whom this proposal is obtaining, attempting to obtain, or performing a public (Federal,
submitted if any time the prospective primary participant learns that State or local) transaction or contract under a public transaction;
its certification was erroneous when submitted or has become violation of Federal or State antitrust statutes or commission of
erroneous by reason of changed circumstances. embezzlement, theft, forgery, bribery, falsification or destruction of
records,making false statements,or receiving stolen property;
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible,""lower tier covered transaction,""participant,""person," c. Are not presently indicted for or otherwise criminally or civilly
"primary covered transaction," "principal," "proposal," and "volun- charged by a governmental entity (Federal, State or local) with
tarily excluded,"as used in this clause, have the meanings set out commission of any of the offenses enumerated in paragraph 1 b of
in the Definitions and Coverage sections of rules implementing this certification; and
Executive Order 12549. You may contact the department or
agency to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this d. Have not within a 3-year period preceding this applica-
proposal that, should the proposed covered transaction be entered tion/proposal had one or more public transactions (Federal, State
into, it shall not knowingly enter into any lower tier covered or local)terminated for cause or default.
transaction with a person who is debarred, suspended, declared
February 3, 2011
10
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
2. Where the prospective primary participant is unable to certify to I. Except for transactions authorized under paragraph e of these
any of the statements in this certification, such prospective instructions, if a participant in a covered transaction knowingly
participant shall attach an explanation to this proposal. 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
2.Instructions for Certification - Lower Tier Covered Transac- remedies,including suspension and/or debarment.
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of$25,000 or more-49 CFR 29) Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion--Lower Tier Covered Transactions:
a. By signing and submitting this proposal, the prospective 1. The prospective lower tier participant certifies,by submission of
lower tier is providing the certification set out below. this proposal,that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
b. The certification in this clause is a material representation of voluntarily excluded from participation in this transaction by any
fact upon which reliance was placed when this transaction was Federal department or agency.
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in 2. Where the prospective lower tier participant is unable to certify
addition to other remedies available to the Federal Government, to any of the statements in this certification, such prospective
the department, or agency with which this transaction originated participant shall attach an explanation to this proposal.
may pursue available remedies, including suspension and/or debarment. .y
c. The prospective lower tier participant shall provide immediate XII. CERTIFICATION REGARDING USE OF CONTRACT
written notice to the person to which this proposal is submitted if at FUNDS
any time the prospective lower tier participant learns that its FOR LOBBYING
certification was erroneous by reason of changed circumstances.
(Applicable to all Federal-aid construction contracts and to all
d. The terms "covered transaction," "debarred," "suspended," related subcontracts which exceed$100,000-49 CFR 20)
"ineligible," "primary covered transaction," "participant," "person,"
"principal," "proposal," and "voluntarily excluded," as used in this 1. The prospective participant certifies, by signing and submitting
clause, have the meanings set out in the Definitions and Coverage this bid or proposal,to the best of his or her knowledge and belief,
sections of rules implementing Executive Order 12549. You may that:
contact the person to which this proposal is submitted for assis-
tance in obtaining a copy of those regulations. a. No Federal appropriated funds have been paid or will be
paid,by or on behalf of the undersigned,to any person for influenc-
e. The prospective lower tier participant agrees by submitting ing or attempting to influence an officer or employee of any Federal
this proposal that, should the proposed covered transaction be agency, a Member of Congress, an officer or employee of Con-
entered into, it shall not knowingly enter into any lower tier covered gress,or an employee of a Member of Congress in connection with
transaction with a person who is debarred, suspended, declared the awarding of any Federal contract, the making of any Federal
ineligible, or voluntarily excluded from participation in this covered grant, the making of any Federal loan, the entering into of any
transaction, unless authorized by the department or agency with cooperative agreement, and the extension, continuation, renewal,
which this transaction originated. amendment, or modification of any Federal contract,grant, loan, or
cooperative agreement.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled b. If any funds other than Federal appropriated funds have been
"Certification Regarding Debarment, Suspension, Ineligibility and paid or will be paid to any person for influencing or attempting to
Voluntary Exclusion-Lower Tier Covered Transaction," without influence an officer or employee of any Federal agency, a Member
modification, in all lower tier covered transactions and in all of Congress, an officer or employee of Congress, or an employee
solicitations for lower tier covered transactions. of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
g. A participant in a covered transaction may rely upon a complete and submit Standard Form-LLL, "Disclosure Form to
certification of a prospective participant in a lower tier covered Report Lobbying,"in accordance with its instructions.
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that 2. This certification is a material representation of fact upon which
the certification is erroneous. A participant may decide the method reliance was placed when this transaction was made or entered
and frequency by which it determines the eligibility of its principals. into. Submission of this certification is a prerequisite for making or
Each participant may, but is not required to,check the Nonprocure- entering into this transaction imposed by 31 U.S.C. 1352. Any
ment List. 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
h. Nothing contained in the foregoing shall be construed to $100,000 for each such failure.
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 3. The prospective participant also agrees by submitting his or her
is normally possessed by a prudent person in the ordinary course bid or proposal that he or she shall require that the language of this
of business dealings. certification be included in all lower tier subcontracts,which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
186 2011
MEMORANDUM
Date: August 29, 2011
W
I E L EL.—' O U N T Y To: Monica Mika, Director of Finance &Administration
ICJ From: Michael Bedell, P.E., Senior Engineer
RE: Bid Request No. B1100067
BOCC Approval Date September 12, 2011
Bids were received and opened on August 25, 2011 for contract services for the construction of WCR
17/WCR 34 Intersection Improvements Project. Three (3) bids were received for the project and amounts
ranged from $136,193.50 to $172,123.00 with the lowest bid submitted by Mountain Constructors Inc.
from Platteville, Colorado. My Engineer's Estimate for the construction was $155,000.00. Attached is
the bid tabulation.
This project is the result of a Federal-Aid grant being administered through CDOT. The overall
construction budget amount is $172,222.00 which will be adequate. Under the conditions of the grant,
Weld County will be responsible for about 10% of the construction amount. CDOT has reviewed the bid
documents and given their concurrence for award, a copy of which is attached.
It is my recommendation to award the project to Mountain Constructors Inc. for a total amount of
$136,193.50. This contractor has completed similar work for us in the past. Construction of the project is
anticipated to be completed by November, 2011.
gfia4ao)/ oniti-az.3aq
ECl oo eoe/
BID TABULATION 8-25-11
WCR 17/34 INTERSECTION IMPROVEMENTS(B1100067)
P.d'!IMAETU UNIT111CM TOTA1 UNIT PRIR IV'fAI. I PRICE TO-I Al. IINR PRIGI TOTAL
NI M111R CONTRACT ITEM UNIT QUANTITY ENGINEER'S KSCINE330.'0' MOUNTAIN MOUNTAIN LAYAROE 1AFARGE UIRAN UIIRAN
262 C101mdu1 n1
JOMin5 IS I 55,(00") 55,0000.00 13.0100 53,0051.000 $5,10000 5520011 52,00190 82,01 00
_002 Rwwrl ofN3Fell M 00(330904116)(Speaell SY 1294 5435 512,05390 5450 1352300 5350 0520 PO 5500 56,470001
202 Rvmowl of Ape TT 117 515.27 51.756.54 1700 551990 $2050 12.19850 020.90 82}1000
203 IlneImolod le.vnen(CII'I CY 1035 5951 51528943 id 511 514,05050 50750 528,927.50 520") 533,061(01
203 Beddow 110116 10 511916 51.194.60 580 00 650049 5595.00 51950.00 511301 61,10101
211 0901 d 110113 5 55731 03655 515600 569001 5150.00 575000 57001 515000
206 Erosion Loo(I 2,1150(10 foot le olh) EACH 9 SM SO 53)1.211 191000 536930 13200 526600 526000 123400
205 1rorlal 011310Va0.Fa) EACH 7 S591 56237 11000 511201 632.") 522430 51000 51411.(0
205 Snllmve 61 511 51.11 5560000 5120 560000 5190 550000 12150 51.00000
209 Duo Wlonee(Mop CFlowe-Tomah 0610 0Al_ 5400 510000 55.00000 50.85 54.15000 50 83 025001 51.00 55,00590
210 Rem Ground Sow FAC11 I SId940 5159411 8121100 111000 112500 502500 520000 520101
21_ Fw1(O(N_01o)111m4Mie) ACRE on 5200000 580000 54,]1500 5150000 11.10000 $52000 54.30000 51.80.10
215 01960.099 Mulch EFc1 ACRE 04 13310100 6129000 15)1100 52120011 11.10000 5190)00 5500001 5201111
216 Son M1
Retention BlonM(0um.Coomnl) SY 156 El44 651251 53 75 01,5).300 5)25 51.15700 5400 51524.01
304 A60506,0 Haw Cm.<(Clona 0) TON 879 51729 $15.19791 51700 51494300 5050 511.801.50 520.00 622,50090
40) 190 MIX A911411(0600 510100)(PG 6'22) 7014 374 553.89 520.154 85 57100 526.554") 556150 525,61901 67091 516/5031
612 Hehomme(1vim 111096100.6191 EACH 3 53(52 0035500 55500 511000 521500 543000 1]311 0151101
01410595001195C11511594'611'0 EACH 4 550000 52,00000 5900 00 53,60000 527500 51.130110 530101 51,200.00
620 50110,1010 EACH I 51.0(0050 01,40059 5400.01 591001 01 533000 5550011 050600 551190
621 15'+14'RCTEllipliul 1511810116 Gun III) or 80 5163150 51320000 565.00 50.80000 568 TO 57,69010 55001 50,00.04
024 3'6 214'RCI'N wep lipewal(Sl4Cwr IV1 LT )2 517509 55.6000 583,00 52,12000 59325 52.98400 580O0 62.500100
EACH 5451100 5320000 53,0000 $00100 5(0011
n2v 23 rIJ'RCP EIIip6ovl Fill 9x0400 1 8190000 S1,0m 1111 GSU
025 Cmrvuv0on Mooing L6 I 53.000(0 55.11011 5425000 6425000 5370000 $3.7099 110 5006110 541101100
626 M90iliaeliwl IS I 526,IX0.0 511,90000 515000.00 515,00000 513-55505I 51'1500(1 625/81000 52301001
617 Iuremn11 Mm1ie6 Rom 0.o0 VOC1 GA1. II 570.21 5X]151 5115.00 51.26500 59900 51.067 11 62.50 DO 5325006
530 559869191 51511110 w 52005 51,85550 523.") 520100(0 521.50 1220501 52300 5202Uw
020 1 100510111169 55.°8997°I DAT 2 545569 591155 505009 S15")00 1670000 51.34000 569990 511(5101
530 1000009 Cmuollne1000 HAY J5 512554 5332519 501 110 61.75100 56711 52,501") 10#00 52,10900
630 Ilem'e1150803 M-11)(1empomn) 1ACH 5 515952 593712 10500 0391101 55001 533600 55201 5312.00
510 Clmumv1m 751111155'83(5001 SAC A) EACH 39 53334 5151)70 551100 5143000 54500 5125501 54200 51,53800
630 Co5nwweo 00190.Sip(Pend 090 ID 1,001 6 543.40 5260.04 57001 5430.0 553 00 5330 00 55111 5.112 00
00 common,.Tratlie Sim(0E00i1) SO 80 513 12 5120966 513 00 6911100 5560 8049.111 5600 805011
030 IonvFle Mevupe 0,1'enul UAY 14 GS YI 5612 74 605011 0911101 501 00 5854000 501(0 5(00(0
000 0060 0,03 CACII 75 5570 5421.50 53155 5225010 0350 526250 54,0(0 5311000
]00 is moor Ceeur1l 55110909, IA I 01000000 510,00006 510.0001(0 510.00000 1101000 5500.900 510,00010 551300 00
0000 FA Feel con AdjOISSSI LA I 880006 110000 5100.0 $30101 550001 550091 5501.06 550000
700 0'A Evabo control PA I 5210000 62,0090 00 00 5300 534061,00 5_000.00 5300000 52001101 5200901
700 E A(51130-1195 250980(Ullouv 6,96,115) 110011 00 50001 SF FF 5090 5311 5000 5F Fe 5009 5090
7. I.A mT[500000 Tmmin5Ace^^ FA I 5150011 115000 0151100 $15000 "50 MI 515(0.00 500000 515001
500 I A Ay1F1111C0(0059 Con AJiu0u11
v1 on I 55°9 99 55(061' 1001110 630000 5500.00 5500.110 0301➢0 5500.00
DIE coal=06% TOTAL 5155,000.00 TOTAL 3136.193.50 TOTAL $153,033.00 TOTAL 592130.50
NO Errors No Errors NO Errors
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION e' S O7,
Contracts and Market Analysis Branch SHO C030-036 m ��
4201 East Arkansas Avenue WCR 17/WCR 34
mmemaim
Denver.Colorado 80222 Project Code 17582
Telephone (303)757-9736
Facsimile: (303)757-9868
August 29, 2011
Sir. Michael l:e:t.io11
Weld County
Pbc: I Works
PO box 75E4
t.:rteley, CO ii0 3
Dear Mr Bedell:
Based on my roview c! the financial statement dated August 29, 2011 and
receipt of:
-C:,.'.C)T Form 60r,, Contractors ractors Performance Capability y Statitn.' nt
-CPOT Form I:,r16, Act i-"o l l u::i on Affidavit
-Cli'I'I' Form t:21, i-':aignment. of Anti-Trust .:hairs and
-l) im:'.'ntati•ii of conformance with CDOT t'1)BE Contract io,-il Policy,
t` e Cc.Inty's aw,rd t;I 1.. . .. ,or. AO r'tl.}:I-036 to Mountain Constructors ii
P1easo include a copy •. t EFWA Form 1173 as fart of your .•nr.l E j 't. with
Mountain CC'I::i: r.i 'ura Your cooperation in tnl s t!:ar.': :r is Appreciated.
..7 Ili'E'1"1?l�•
117 ar21 i.:. O t
C1.'OT Award Officer
cc:
'1'irn Tuttle, R-4
•
Region EEG Officer, R-4
Ott, Aqr r:clnn:,t.s
Yohdego/N•7o, Floiects 5 Grants
Loeper, Prour..r.: h Prooct Analysis
Martinez G., Business Programs
Central Files
WELD COUNTY PURCHASING
915 10TH St Room #334, Greeley CO 80631
I 86 I - 2 Oil E-Mail: mwalters(a�co.weld.co.us
E-mail: reverett(aco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
WEL ► ' O NTY
u
DATE OF BID: August 25, 2011
REQUEST FOR: WCR 17 &WCR 34 INTERSECTION IMPROVEMENTS
DEPARTMENT: Public works
BID NO: #B1100067
PRESENT DATE: AUGUST 29TH, 2011
APPROVAL DATE: SEPTEMBER 12TH, 2011
VENDORS TOTAL BID
MOUNTAIN CONSTRUCTORS INC $136,193.50
622 MAINT STREET
PLATTEVILLE CO 80651
LAFARGE NORTH AMERICA INC $153,033.00
1800 N TAFT HILL ROAD
FT COLLINS CO 80521
DURAN EXCAVATING INC $172,123.00
418 N 9TH AVENUE
GREELEY CO 80631
THE PUBLIC WORKS DEPT IS REVIEWING THE BIDS AT THIS TIME.
Fey 0O61/2011-2324
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