HomeMy WebLinkAbout20032727.tiff AGREEMENT
Weld County Bridge 13 I 26A over Saint Vrain River
THIS AGREEMENT,made this )r5 II/ day of . e PF-- n(Bta ,20fl. by
and between Weld County,Colorado,hereinafter called"Owner"and
Zak Dirt,Inc., 14290 Hilltop Road,Longmont,CO 80504
doing business as(an individual,) or (a partnership,) or (a corporation)hereinafter called"Contractor".
WITNESSED': That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: The roadway improvements of WCR 13 over
Saint Vrain River described in the Invitation for Bids,Bid No.B0300161
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 date of the Notice to Proceed and will complete the WCR 13 over Saint Vrain River within 180
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$ 1,013,435.65 ,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) Drawings prepared by Sear-Brown,titled"WCR 13 over Saint Vrain River".
(Q) Specifications prepared or issued by the Weld County Public Works Department.
(R) Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction"
(S) Colorado Department of Transportation Standard Plans"M&S Standards"
(T) Addenda:
No. 1 ,dated July 14 ,2003 .
No. ,dated ,20
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.
C COY/
CO: PICI,4i 2003-2727
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 three(3)copies each of which shall be deemed an original on the date first above written.
ORDERED BY: ACCEPTED BY:
THE BO OF WELD COUNTY COMMISSIONERS CONTRACTOR
BY 4 EA BY
t—c'..%Y'Si'-'Thtt--
NAME David E.Lon NAME �+ �a•`""c S S . Se W c tat
g
(Clease Print)
TITLE Chair TITLE Rs-c-•• L..
DATE SEP 1 5 2003 ADDRESS l`I I-% bb. (l R 1 •
Co. aost)
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(SEAL)
jam!
�l/�,/",�A v,� ( i '�� . /p �` ATTEST:r^�
Weld County Clerk to the Board Ace•-• that T /At c.
BY BY , K. <(Pleas ype)
TITLE Deputy Clerk to the Board TITLE AL_•
July21, 1999
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.
July21, 1999
2
RQUIRED 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 con-
Page tract,the contractor shall not:
I. General 1
II. Nondiscrimination 1 a. discriminate against labor from any other State, posses-
III. Nonsegrated Facilities 3 sion, or territory of the United States (except for employment
IV. Payment of Predetermined Minimum Wage 3 preference for Appalachian contracts, when applicable, as
V. Statements and Payrolls
6 specified in Attachment A),or
VI. Record of Materials,Supplies, and Labor 6 b. employ convict labor for any purpose within the limits of
VII. GeneralSubletting or Assigning the Contract 7 the project unless it is labor performed by convicts who are on
VIII. Safety:Accident Prevention 7 parole,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
XI. Certification Regarding Debarment, Suspension (Applicable to all Federal-aid construction contracts and to all
Ineligibility,and Voluntary Exclusion 8 related subcontracts of$10,000 or more.)
XII. Certification Regarding Use of Contract Funds for...Lobbying 9 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
ATTACHMENTS laws, executive orders, rules, regulations (28 CFR 35, 29 CFR
1630 and 41 CFR 60) and orders of the Secretary of Labor as
A. Employment Preference for Appalachian Contracts modified by the provisions prescribed herein, and imposed
(included in Appalachian contracts only) pursuant to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractors project activities
I. GENERAL under this contract. The Equal Opportunity Construction Contract
Specifications set forth under 41 CFR 60-4.3 and the provisions of
1. These contract provisions shall apply to all work performed the American Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set
on the contract by the contractor's own organization and with the forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
assistance of workers under the contractor's immediate superin- reference in this contract. In the execution of this contract, the
tendence and to all work performed on the contract by piecework, contractor agrees to comply with the following minimum specific
station work,or by subcontract. requirement activities of EEO:
2. Except as otherwise provided for in each section, the a. The contractor will work with the State highway agency
contractor shall insert in each subcontract all of the stipulations (SHA) and the Federal Government in carrying out EEO obliga-
contained in these Required Contract Provisions, and further lions and in their review of his/her activities under the contract.
require their inclusion in any lower tier subcontract or purchase
order that may in turn be made. The Required Contract Provisions b. The contractor will accept as his operating policy the
shall not be incorporated by reference in any case. The prime following statement:
contractor shall be responsible for compliance by any subcontrac-
tor or lower tier subcontractor with these Required Contract "It is the policy of this Company to assure that applicants
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 color, national origin, age or disability. Such action shall
Required Contract Provisions shall be sufficient grounds for include: employment, upgrading, demotion, or transfer;
termination of 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
Section I,paragraph 2; to 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 3. Dissemination of Policy: All members of the contractors
Contract Provisions shall not be subject to the general disputes staff who are authorized to hire,supervise,promote,and discharge
clause of this contract. Such disputes shall be resolved in accor- employees, or who recommend such action, or who are
dance with the procedures of the U.S. Department of Labor(DOL) substantially involved in such action, will be made fully cognizant
as set forth in 29 CFR 5,6,and 7. Disputes within the meaning of of,and will implement,the contractors EEO policy and contractual
this clause 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
- July 21, 1999
3
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
less often than once every six months, at which time the contract- discrimination may extend beyond the actions reviewed, such
ors EEO policy and its implementation will be reviewed and corrective action 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
given a thorough indoctrination by the EEO Officer, covering all his obligations under this contract, will attempt to resolve such
major aspects of the contractor's EEO obligations within thirty days c omplaints, and
willlll If t (eves investigation indicates appropriate
that the discriminan -
n a
tion na-
following their reporting for duty with the contractor. reasonable time.tion may affect persons other than the complainant, such correc-
c. All personnel who are engaged in direct recruitment for five action shall Include such other persons. Upon completion of
the project will be instructed by the EEO Officer in the contractors each investigation, the contractor will inform every complainant of
procedures for locating and hiring minority group employees. all of his avenues of appeal.
d. Notices and posters setting forth the contractor's EEO 6. Training and Promotion:
policy 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 applicants for employment.
implement such policy will be brought to the attention of employ-
ees by means of meetings, employee handbooks, or other b. Consistent with the contractor's work force requirements
appropriate means. and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e., appren-
4. Recruitment: When advertising for employees,the contrac- ticeship, and on-the-job training programs for the geographical
tor will include in all advertisements for employees the notation: area of contract performance. Where feasible, 25 percent of
"An Equal Opportunity Employer." All such advertisements will be apprentices or trainees in each occupation shall be in their first
placed in publications having a large circulation among minority year of apprenticeship or training. In the event a special provision
groups in the area from which the project work force would for training is provided under this contract, this subparagraph will
normally be derived. be superseded as indicated in the special provision.
a. The contractor will, unless precluded by a valid bargain- c. The contractor will advise employees and applicants for
ing agreement, conduct systematic and direct recruitment through employment of available training programs and entrance require-
public and private employee referral sources likely to yield qualified ments for each.
minority group applicants. To meet this requirement, the contrac-
tor will identify sources of potential minority group employees,and d. The contractor will periodically review the training and
establish with such identified sources procedures whereby minority promotion potential of minority group and women employees and
group applicants may be referred to the contractor for employment will encourage eligible employees to apply for such training and
consideration. promotion.
b. In the event the contractor has a valid bargaining agree- 7. Unions: If the contractor relies in whole or in part upon
ment providing for exclusive hiring hall referrals, he is expected to unions as a source of employees, the contractor will use his/her
observe the provisions of that agreement to the extent that the best efforts to obtain the cooperation of such unions to increase
system permits the contractor's compliance with EEO contract opportunities for minority groups and women within the unions,
provisions. (The DOL has held that where implementation of such and to effect referrals by such unions of minority and female
agreements have the effect of discriminating against minorities or employees. Actions by the contractor either directly or through a
women, or obligates the contractor to do the same, such imple- contractor's association acting as agent will include the procedures
mentation violates Executive Order 11246,as amended.) set forth below:
c. The contractor will encourage his present employees to a. The contractor will use best efforts to develop, in
refer minority group applicants for employment. Information and cooperation with the unions,joint training programs aimed toward
procedures with regard to referring minority group applicants will qualifying more minority group members and women for member-
be discussed with employees. ship in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying
5. Personnel Actions: Wages, working conditions, and employment.
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading, b. The contractor will use best efforts to incorporate an EEO
promotion, transfer, demotion, layoff, and termination, shall be clause into each union agreement to the end that such union will
taken without regard to race, color, religion, sex, national origin, be contractually bound to refer applicants without regard to their
age or disability. 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 the contractor, the contractor shall so certify to the SHA and shall
wages 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
c. The contractor will periodically review selected personnel with a reasonable flow of minority and women referrals within the
actions in depth to determine whether there is evidence of time limit set forth in the collective bargaining agreement, the
discrimination. Where evidence is found, the contractor will contractor will, through independent recruitment efforts, fill the
promptly take corrective action. If the review indicates that the employment vacancies without regard to race, color, religion, sex,
July 21, 1999
4
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
national origin, age or disability; making full efforts to obtain ment or purchase order, as appropriate, the bidder, Federal-aid
qualified and/or qualifiable minority group persons and women. construction contractor, subcontractor, material supplier, or
(The DOL has held that it shall be no excuse that the union with vendor, as appropriate, certifies that the firm does not maintain or
which the contractor has a collective bargaining agreement provid- provide for its employees any segregated facilities at any of its
ing for exclusive referral failed to refer minority employees.) In the establishments,and that-the firm does not permit its employees to
event the union referral practice prevents the contractor from perform their services at any location, under its control, where
meeting the obligations pursuant to Executive Order 11246, as segregated facilities are maintained. The firm agrees that a
amended, and these special provisions, such contractor shall breach of this certification is a violation of the EEO provisions of
immediately notify the SHA. this contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or
8. Selection of Subcontractors, Procurement of Materials disability.
and Leasing of Equipment: The contractor shall not discriminate b. As used in this certification, the term "segregated facilities"
on the b grounds af race, color, religion, sex, national origin, lud or means any waiting rooms,work areas,restrooms and washrooms,
disability re in the m selection and retention of uipm subcontractors,including restaurants and other eating areas, timeclocks, locker rooms, and
procurement of materials and leases of equipment.
other storage or dressing areas, parking lots, drinking fountains,
a. The contractor shall notify all potential subcontractors recreation or entertainment areas, transportation, and housing
and suppliers of his/her EEO obligations under this contract. facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
b. Disadvantaged business enterprises(DBE),as defined in religion, national origin, age or disability, because of habit, local
49 CFR 23, shall have equal opportunity to compete for and custom, or otherwise. The only exception will be for the disabled
perform subcontracts which the contractor enters into pursuant to when the demands for accessibility override (e.g. disabled
this contract. The contractor will use his best efforts to solicit bids parking).
from and to utilize DBE subcontractors or subcontractors with c. The contractor agrees that it has obtained or will obtain
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction identical certification from proposed subcontractors or material
firms from SHA personnel. suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will
c. The contractor will use his best efforts to ensure subcon- retain such certifications in its files.
tractor compliance with their EEO obligations.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
9. Records and Reports: The contractor shall keep such A livable to all Federal-aid construction contracts exceeding
records as necessary to document compliance with the EEO (Applicable
requirements. Such records shall be retained for a period of three $2,000 and to all related subcontracts, except for projects located
years following completion of the contract work and shall be on roadways classified as local roads or rural minor collectors,
available at reasonable times and places for Inspection by autho- which are exempt.)
rized representatives of the SHA and the FHWA. 1. General:
a. The records kept by the contractor shall document the
following: a. All mechanics and laborers employed or working upon
the site of the work will be paid unconditionally and not less often
(1) The number of minority and non-minority group than once a week and without subsequent deduction or rebate on
members and women employed in each work classification on the any account [except such payroll deductions as are permitted by
project; regulations(29 CFR 3)issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and
(2) The progress and efforts being made in cooperation bona fide fringe benefits (or cash equivalents thereof)due at time
with unions, when applicable, to increase employment opportuni- of payment. The payment shall be computed at wage rates not
ties for minorities and women; less than those contained in the wage determination of the
Secretary of Labor(hereinafter"the wage determination")which is
(3) The progress and efforts being made in locating, attached hereto and made a part hereof, regardless of any
hiring, training, qualifying, and upgrading minority and female contractual relationship which may be alleged to exist between the
employees;and contractor or its subcontractors and such laborers and mechanics.
The wage determination (including any additional classifications
(4) The progress and efforts being made in securing the and wage rates conformed under paragraph 2 of this Section IV
services of DBE subcontractors or subcontractors with meaningful and the DOL poster (WH-1321) or Form FHWA-1495) shall be
minority and female representation among their employees. posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can
b. The contractors will submit an annual report to the SHA be easily seen by the workers. For the purpose of this Section,
each July for the duration of the project, indicating the number of contributions made or costs reasonably anticipated for bona fide
minority, women, and non-minority group employees currently fringe benefits under Section 1(bX2) of the Davis-Bacon Act (40
engaged in each work classification required by the contract work. U.S.C. 276a) on behalf of laborers or mechanics are considered
This information is to be reported on Form FHWA-1391. If on-the- wages paid to such laborers or mechanics, subject to the provi-
job training is being required by special provision, the contractor sions of Section IV,paragraph 3b,hereof. Also,for the purpose of
will be required to collect and report training data. this Section,regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under
III. NONSEGREGATED FACILITIES plans, funds, or programs, which cover the particular weekly
(Applicable to all Federal-aid construction contracts and to all period, are deemed to be constructively made or incurred during
related subcontracts of$10,000 or more.) such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
a. By submission of this bid, the execution of this contract or determination for the classification of work actually performed,
subcontract, or the consummation of this material supply agree-
July21, 1999
5
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
without regard to skill,except as provided In paragraphs 4 and 5 of 3. Payment of Fringe Benefits:
this Section IV.
a. Whenever the minimum wage rate prescribed in the
b. Laborers or mechanics performing work in more than one contract for a class of laborers or mechanics includes a fringe
classification may be compensated at the rate specified for each benefit which is not expressed as an hourly rate,the contractor or
classification for the time actually worked therein, provided, that subcontractors, as appropriate, shall either pay the benefit as
the employer's payroll records accurately set forth the time spent stated e in the
or agehdetermination
case onuor shall
lent pay
yoanother bona fide
in each classification in which work is performed. 9 y
f.
c. All rulings and interpretations of the Davis-Bacon Act and b. If the contractor or subcontractor, as appropriate, does
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- not make payments to a trustee or other third person,he/she may
rated by reference in this contract. consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
2. Classification: fringe benefits under a plan or program, provided, that the Secre-
tary of Labor has found,upon the written request of the contractor,
a. The SHA contracting officer shall require that any class of that the applicable standards of the Davis-Bacon Act have been
laborers or mechanics employed under the contract, which is not met. The Secretary of Labor may require the contractor to set
listed in the wage determination, shall be classified in aside in a separate account assets for the meeting of obligations
conformance with the wage determination. under the plan or program.
b. The contracting officer shall approve an additional 4. Apprentices and Trainees (Programs of the U.S. DOL)
classification, wage rate and fringe benefits only when the and Helpers:
following criteria have been met:
a. Apprentices:
(1) the work to be performed by the additional classifi-
cation requested is not performed by a classification in the wage (1) Apprentices will be permitted to work at less than
determination; the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
(2) the additional classification is utilized in the area by apprenticeship program registered with the DOL, Employment and
the construction industry; Training Administration, Bureau of Apprenticeship and Training,or
with a State apprenticeship agency recognized by the Bureau,or if
(3) the proposed wage rate, including any bona fide a person is employed in his/her first 90 days of probationary
fringe benefits, bears a reasonable relationship to the wage rates employment as an apprentice in such an apprenticeship program,
contained in the wage determination;and who is not individually registered in the program,but who has been
certified by the Bureau of Apprenticeship and Training or a State
(4) with respect to helpers, when such a classification apprenticeship agency (where appropriate) to be eligible for
prevails in the area in which the work is performed. probationary employment as an apprentice.
c. If the contractor or subcontractors, as appropriate, the (2) The allowable ratio of apprentices to journeyman-
laborers and mechanics(if known)to be employed in the addition- level employees on the job site in any craft classification shall not
al classification or their representatives,and the contracting officer be greater than the ratio permitted to the contractor as to the entire
agree on the classification and wage rate (including the amount work force under the registered program. Any employee listed on
designated for fringe benefits where appropriate), a report of the a payroll at an apprentice wage rate, who is not registered or
action taken shall be sent by the contracting officer to the DOL, otherwise employed as stated above, shall be paid not less than
Administrator of the Wage and Hour Division, Employment Stan- the applicable wage rate listed in the wage determination for the
dards Administration, Washington, D.C. 20210. The Wage and classification of work actually performed. In addition, any appren-
Hour Administrator, or an authorized representative, will approve, tics performing work on the job site in excess of the ratio permitted
modify, or disapprove every additional classification action within under the registered program shall be paid not less than the
30 days of receipt and so advise the contracting officer or will applicable wage rate on the wage determination for the work
notify the contracting officer within the 30-day period that additional actually performed. Where a contractor or subcontractor is
time is necessary. performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (ex-
d. In the event the contractor or subcontractors, as appro- pressed In percentages of the journeyman-level hourly rate)
priate, the laborers or mechanics to be employed In the additional specified in the contractor's or subcontractor's registered program
classification or their representatives, and the contracting officer shall be observed.
do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where (3) Every apprentice must be paid at not less than the
appropriate), the contracting officer shall refer the questions, rate specified in the registered program for the apprentice's level of
including the views of all interested parties and the recommenda- progress, expressed as a percentage of the joumeyman-level
tion of the contracting officer,to the Wage and Hour Administrator hourly rate specified in the applicable wage determination.
for determination. Said Administrator, or an authorized represen- Apprentices shall be paid fringe benefits in accordance with the
tative, will issue a determination within 30 days of receipt and so provisions of the apprenticeship program. If the apprenticeship
advise the contracting officer or will notify the contracting officer program does not specify fringe benefits,apprentices must be paid
within the 30-day period that additional time is necessary the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator for the Wage
e. The wage rate (including fringe benefits where approprl- and Hour Division determines that a different practice prevails for
ate)determined pursuant to paragraph 2c or 2d of this Section IV the applicable apprentice classification, fringes shall be paid in
shall be paid to all workers performing work in the additional accordance with that determination.
classification from the first day on which work is performed in the (4) In the event the Bureau of Apprenticeship and
classification.
Training, or a State apprenticeship agency recognized by the
July 21, 1999
6
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Bureau, withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be permitted to utilize The SHA shall upon its own action or upon written request
apprentices at less than the applicable predetermined rate for the of an authorized representative of the DOL withhold, or cause to
comparable work performed by regular employees until an accept- be withheld, from the contractor or subcontractor under this
able program is approved. - contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to
b. Trainees: Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or
(1) Except as provided in 29 CFR 5.16,trainees will not advances as may be considered necessary to pay laborers and
be permitted to work at less than the predetermined rate for the mechanics,including apprentices,trainees,and helpers,employed
work performed unless they are employed pursuant to and by the contractor or any subcontractor the full amount of wages
individually registered in a program which has received prior required by the contract. In the event of failure to pay any laborer
approval, evidenced by formal certification by the DOL, Employ- - or mechanic, including any apprentice, trainee, or helper, em-
ment and Training Administration. ployed or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after
(2) The ratio of trainees to journeyman-level employees written notice to the contractor, take such action as may be
on the job site shall not be greater than permitted under the plan necessary to cause the suspension of any further payment,
approved by the Employment and Training Administration. Any advance,or guarantee of funds 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 classiflca- No contractor or subcontractor contracting for any part of
lion of work actually performed. In addition, any trainee perform- the contract work which may require or involve the employment of
ing 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
Hour Division determines that there is an apprenticeship program event of any violation of the clause set forth in paragraph 7 above,
associated with the corresponding joumeyman-level wage rate on the contractor and any subcontractor responsible thereof shall be
the wage determination which provides for less than full fringe liable to the affected employee for his/her unpaid wages. In
benefits for apprentices, in which case such trainees shall receive addition, such contractor and subcontractor shall be liable to the
the same fringe benefits as apprentices. United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
(4) In the event the Employment and Training Adminis- territory) for liquidated damages. Such liquidated damages shall
Walton withdraws approval of a training program, the contractor or be computed with respect to each individual laborer, mechanic,
subcontractor will no longer be permitted to utilize trainees at less watchman,or guard employed in violation of the clause set forth in
than the applicable predetermined rate for the work performed until paragraph 7, in the sum of $10 for each calendar day on which
an acceptable program is approved. such employee was required or permitted to work in excess of the
standard work week of 40 hours without payment of the overtime
c. Helpers: wages required by the clause set forth in paragraph 7.
Helpers will be permitted to work on a project if the 9. Withholding for Unpaid Wages and Liquidated Damages:
helper classification is specified and defined on the applicable
wage determination or is approved pursuant to the conformance The SHA shall upon its own action or upon written request
procedure set forth in Section IV.2. Any worker listed on a payroll of any authorized representative of the DOL withhold, or cause to
at a helper wage rate,who is not a helper under a approved defini- be withheld, from any monies payable on account of work
lion, shall be paid not less than the applicable wage rate on the performed by the contractor or subcontractor under any such
wage determination for the classification of work actually per- contract or any other Federal contract with the same prime
formed contractor, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by
5. Apprentices and Trainees(Programs of the U.S.DOT): the same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or
Apprentices and trainees working under apprenticeship and subcontractor for unpaid wages and liquidated damages as
skill training programs which have been certified by the Secretary provided in the clause set forth in paragraph 8 above.
of Transportation as promoting EEO in connection with Federal- V. STATEMENTS AND PAYROLLS
aid highway construction programs are not subject to the require-
ments of paragraph 4 of this Section IV. The straight time hourly (Applicable to all Federal-aid construction contracts exceeding
wage rates for apprentices and trainees under such programs will $2,000 and to all related subcontracts,except for projects located
be established by the particular programs. The ratio of apprentic- on roadways classified as local roads or rural collectors,which are
es and trainees to journeymen shall not be greater than permitted exempt.)
by the terms of the particular program.
1. Compliance with Copeland Regulations(29 CFR 3):
6. Withholding:
July21, 1999
7
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
The contractor shall comply with the Copeland Regulations of (3)that each laborer or mechanic has been paid not less
the Secretary of Labor which are herein incorporated by reference. that the equiva-
lent for applicable
the classification of rate
worked performed, as specified in the
2. Payrolls and Payroll Records: applicable wage determination incorporated into the contract.
a. Payrolls and basic records relating thereto shall be e. The weekly submission of a properly executed certifica-
maintained by the contractor and each subcontractor during the lion set forth on the reverse side of Optional Form WH-347 shall
course of the work and preserved for a period of 3 years from the satisfy
Compliance"tiy the re wired b requirement
for paragraphub i ion of this of the Section"Statement of
date of completion of the contract for all laborers, mechanics, q y
apprentices, trainees, watchmen, helpers, and guards working at f. The falsification of any of the above certifications may
the site of the work.
subject the contractor to civil or criminal prosecution under 18
b. The payroll records shall contain the name, social -U.S.C. 1001 and 31 U.S.C.231.
security number, and address of each such employee; his or her The contractor or subcontractor shall make the records
correct classification;hourly rates of wages paid (including rates of g.
contributions or costs anticipated for bona fide fringe benefits or required under paragraph 2b of this Section V available for inspec-
cash equivalent thereof the types described in Section 1(b)(2)(B) lion, copying, or transcription by authorized representatives of the
of the Davis Bacon Act); daily and weekly number of hours SHA, the FHWA, or the DOL, and shall permit such repre-
worked;deductions made; and actual wages paid. In addition,for sentatives to interview employees during working hours on the job.
Appalachian contracts, the payroll records shall contain a notation If the contractor or subcontractor fails to submit the required
indicating whether the employee does, or does not, normally records or to make them available,the SHA,the FHWA,the DOL,
reside in the labor area as defined in Attachment A, paragraph 1. or all may,after written notice to the contractor,sponsor,applicant,
Whenever the Secretary of Labor, pursuant to Section IV, or owner, take such actions as may be necessary to cause the
paragraph 3b, has found that the wages of any laborer or suspension of any further payment, advance, or guarantee of
mechanic include the amount of any costs reasonably anticipated funds. Furthermore, failure to submit the required records upon
in providing benefits under a plan or program described in Section request or to make such records available may be grounds for
1(b)(2)(B) of the Davis Bacon Act, the contractor and each debarment action pursuant to 29 CFR 5.12.
subcontractor shall maintain records which show that the commit-
ment to provide such benefits is enforceable, that the plan or VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR
program is financially responsible, that the plan or program has
been communicated in writing to the laborers or mechanics 1. On all Federal-aid contracts on the National Highway
affected, and show the cost anticipated or the actual cost incurred System, except those which provide solely for the installation of
in providing benefits. Contractors or subcontractors employing protective devices at railroad grade crossings, those which are
apprentices or trainees under approved programs shall maintain constructed on a force account or direct labor basis, highway
written evidence of the registration of apprentices and trainees, beautification contracts, and contracts for which the total final
and ratios and wage rates prescribed in the applicable programs. construction cost for roadway and bridge is less than $1,000,000
(23 CFR 635)the contractor shall:
c. Each contractor and subcontractor shall fumish, each
week in which any contract work is performed,to the SHA resident a. Become familiar with the list of specific materials and
engineer a payroll of wages paid each of its employees(including supplies contained in Form FHWA-47,"Statement of Materials and
apprentices,trainees, and helpers, described in Section IV, pare- Labor Used by Contractor of Highway Construction Involving
graphs 4 and 5, and watchmen and guards engaged on work Federal Funds," prior to the commencement of work under this
during the preceding weekly payroll period). The payroll submitted contract.
shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V. b. Maintain a record of the total cost of all materials and
This information may be submitted in any form desired. Optional supplies purchased for and incorporated in the work, and also of
Form WH-347 is available for this purpose and may be purchased the quantities of those specific materials and supplies listed on
from the Superintendent of Documents (Federal stock number Form FHWA-47,and in the units shown on Form FHWA-47.
029-005-0014-1), U.S. Govemment Printing Office, Washington,
D.C. 20402. The prime contractor is responsible for the submis- c. Fumish, upon the completion of the contract,to the SHA
sion of copies of payrolls by all subcontractors. resident engineer on Form FHWA-47 together with the data
required in paragraph lb relative to materials and supplies, a final
d. Each payroll submitted shall be accompanied by a labor summary of all contract work indicating the total hours
"Statement of Compliance," signed by the contractor or subcon- worked and the total amount eamed.
tractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the follow- coveringt the prime alll contract work or t separate or's o reports for n, either a single report
the contractor
ing: and for each subcontract shall be submitted.
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
VII. SUBLETTING OR ASSIGNING THE CONTRACT
(2)that such laborer or mechanic(including each helper,
apprentice, and trainee) employed on the contract during the 1. The contractor shall perform with its own organization
payroll period has been paid the full weekly wages earned,without contract work amounting to not less than 30 percent(or a greater
rebate, either directly or indirectly, and that no deductions have percentage if specified elsewhere in the contract) of the total
been made either directly or indirectly from the full wages earned, original contract price,excluding any specialty items designated by
other than permissible deductions as set forth In the Regulations, the State. Specialty items may be performed by subcontract and
29 CFR 3; the amount of any such specialty items performed may be
deducted from the total original contract price before computing
July 21, 1999
8
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
the amount of work required to be performed by the contractors In order to assure high quality and durable construction in
own organization(23 CFR 635).
conformity with g plans qu and specifications and a high
a. "Its own organization"shall be construed to include only degree of reliability on statements and representations made by
workers employed and paid directly'by the prime contractor and engineers, contractors, suppliers, and workers on Federal-aid
equipment owned or rented by the prime contractor,with or without highway projects,it is essential that all persons concerned with the
operators. Such term does not include employees or equipment of project perform their functions as carefully, thoroughly, and
a subcontractor,assignee,or agent of the prime contractor. honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
b. "Specialty Items"shall be construed to be limited to work violation of Federal law. To prevent any misunderstanding
that requires highly specialized knowledge, abilities, or equipment regarding the seriousness of these and similar acts, the following
not ordinarily available in the type of contracting organizations notice shall be posted on each Federal-aid highway project (23
qualified and expected to bid on the contract as a whole and in -CFR 635)in one or more places where it is readily available to all
general are to be limited to minor components of the overall persons concerned with the project:
contract.
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-MD
2. The contract amount upon which the requirements set forth HIGHWAY PROJECTS
in 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 fumish (a) a competent superintendent States, or of any State or Territory, or whoever, whether a person,
or supervisor who is employed by the firm, has full authority to association, firm, or corporation, knowingly makes any false
direct performance of the work in accordance with the contract statement, false representation, or false report as to the character,
requirements, and is in charge of all construction operations quality, quantity, or cost of the material used or to be used, or the
(regardless of who performs the work) and (b) such other of its quantity or quality of the work performed or to be performed,or the
own organizational resources (supervision, management, and cost thereof in connection with the submission of plans, maps,
engineering services)as the SHA contracting officer determines is specifications, contracts, or costs of construction on any highway
necessary 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 Whoever knowingly makes any false statement, false represen-
contracting officer,or authorized representative, and such consent tation, false report or false claim with respect to the character,
when given shall not be construed to relieve the contractor of any quality,quantity, or cost of any work performed or to be performed,
responsibility for the fulfillment of the contract. Written consent will or materials furnished or to be furnished, in connection with the
be given only after the SHA has assured that each subcontract is construction of any highway or related project approved by the
evidenced in writing and that it contains all pertinent provisions and Secretary of Transportation;or
requirements of the prime contract.
VIII. SAFETY:ACCIDENT PREVENTION Whoever knowingly makes any false statement or false repre-
sentation as to material fact in any statement, certificate, or report
1. In the performance of this contract the contractor shall submitted pursuant to provisions of the Federal-aid Roads Act
comply with all applicable Federal,State,and local laws governing approved July 21, 1916, (39 Stat. 355), as amended and supple-
safety, health, and sanitation (23 CFR 635). The contractor shall mented;
provide all safeguards, safety devices and protective equipment n 5 Shall be fine r both."
not more that $10,000 or imprisoned not mom
and take any other needed actions as it determines,or as the SHA
contracting officer may determine, to be reasonably necessary to thanyears
protect the life and health of employees on the job and the safety
of the public and to protect property in connection with the X. IMPLEMENTATION
NTATION CONTR
OL CLEAN
AIR ACT AND FEDERAL
performance of the work covered by the contract. WATER
T
2. It is a condition of this contract, and shall be made a (Applicable to all Federal-aid construction contracts and to all
condition of each subcontract, which the contractor enters into related subcontracts of$100,000 or more.)
pursuant to this contract,that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to By submission of this h ddortthe bidder,
execution
Federal-aidhis _construction
tract, or
work in surroundings or under conditions which are unsanitary, subcontract, as appropriate,
hazardous or dangerous to his/her health or safety, as determined contractor, or subcontractor, as appropriate, will be deemed to
under construction safety and health standards (29 CFR 1926) have stipulated as follows:
107 of the promulgated
Work Hours and Safety Standards Section
Act
(40 U.S.C.333). 1. That any facility that is or will be utilized in the performance of
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract this contract, unless such contract is exempt under the Clean Air
that the Secretary of Labor or authorized representative thereof, Act, as amended (42 U.S.C. 1857 gl Ng.,as amended by Pub.L.
shall have right of entry to any site of contract performance to 91-604), and under the Federal Water Pollution Control Act, as
inspect or investigate the matter of compliance with the construc- amended(33 U.S.C. 1251 et a.,as amended by Pub.L.92-500),
. bon safety and health standards and to carry out the duties of the Executive Order 11738,and regulations in implementation thereof
Secretary under Section 107 of the Contract Work Hours and (40 CF U.S. FR5 15)
is not listed,
Protection n Agency (EPA) List of ct award,
, on the
Safety Standards Act(40 U.S.C.333).
Facilities pursuant to 40 CFR 15.20.
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
July21, 1999
9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
2. That the firm agrees to comply and remain in compliance with tary Exclusion-Lower Tier Covered Transaction," provided by the
all the requirements of Section 114 of the Clean Air Act and department or agency entering into this covered transaction,
Section 308 of the Federal Water Pollution Control Act and all without modification,in all lower tier covered transactions and in all
regulations and guidelines listed thereunder. solicitations for lower tier covered transactions.
3. That the firm shall promptly notify the SHA of the receipt of any h. A participant in a covered transaction may rely upon a
communication from the Director,Office of Federal Activities, EPA, certification of a prospective participant in a lower tier covered
indicating that a facility that is or will be utilized for the contract is transaction that is not debarred, suspended, ineligible, or volun-
under consideration to be listed on the EPA List of Violating tartly excluded from the covered transaction, unless it knows that
Facilities. the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its
4. That the firm agrees to Include or cause to be included the principals. Each participant may, but is not required to,check the
requirements of paragraph 1 through 4 of this Section X in every 'nonprocurement portion of the "Lists of Parties Excluded From
nonexempt subcontract, and further agrees to take such action as Federal Procurement or Nonprocurement Programs"(Nonprocure-
the government may direct as a means of enforcing such require- ment List)which is compiled by the General Services Administra-
ments. lion.
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
a. By signing and submitting this proposal, the prospective knowingly enters into a lower tier covered transaction with a
primary participant is providing the certification set out below. person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other
b. The inability of a person to provide the certification set remedies available to the Federal Government, the department or
out below will not necessarily result in denial of participation in this agency 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 Certification Re arding Debarment,Suspension,Ineligibility
into this transaction. However, failure of the prospective primary 9
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 knowledge and belief,that it and its principals:
of fact upon which reliance was placed when the department or a. Are not presently debarred, suspended, proposed for
agency determined to enter into this transaction. If it is later
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 b. Have not within a 3-year period preceding this proposal
may terminate this transaction for cause of default.
been convicted of or had a civil judgement rendered against them
d. The prospective primary participant shall provide immedi- for commission of fraud or a criminal offense in connection with
ate written notice to the department or agency to whom this obtaining, attempting to obtain, or performing a public (Federal,
proposal is submitted if any time the prospective primary partici- State or local) transaction or contract under a public transaction;
pant learns that its certification was erroneous when submitted or violation of Federal or State antitrust statutes or commission of
has become 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," "suspend- c. Are not presently indicted for or otherwise criminally or
"suspend-
ed,'' "ineligible," "lower tier covered transaction," "participant,"
"person; "primary covered transaction," "principal." "proposal," civilly charged by a governmental entity (Federal, State or local)
and "voluntarily excluded," as used in this clause, have the b of commission
ciss�ionaof anya of the offenses enumerated in paragraph
meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the
department or agency to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting d. Have not within a 3-year period preceding this applica-
this proposal that, should the proposed covered transaction be tion/proposal had one or more public transactions (Federal, State
entered 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 2. Where the prospective primary participant is unable to certify
ineligible, or voluntarily excluded from participation in this coveredP P
transaction, unless authorized by the department or agency participant shall attach an to any of e statements
t inl this
his explanationcertification,
to this proposal. prospective
entering into this transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled"Certifi-
cation Regarding Debarment, Suspension, Ineligibility and Volun-
July21, 1999
10
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of$25000 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
lower tier is providing the certification set out below. of this proposal, that neither it nor its principals is presently
debarred,suspended, proposed for debarment,declared ineligible,
b. The certification in this clause is a material representation or voluntarily excluded from participation in this transaction by any
of 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
addition to other remedies available to the Federal Government, certify to any of the statements in this certification, such prospec-
the department, or agency with which this transaction originated tive participant shall attach an explanation to this proposal.
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 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
submitted if at any time the prospective lower tier participant learns FOR LOBBYING
that its certification was erroneous by reason of changed circum-
stances. (Applicable to all Federal-aid construction contracts and to all
related subcontracts which exceed$100,000-49 CFR 20)
d. The terms "covered transaction," "debarred," "suspend-
ed," "ineligible," "primary covered transaction," "participant," 1. The prospective participant certifies, by signing and submit-
"person," "principal," "proposal," and "voluntarily excluded," as ting this bid or proposal, to the best of his or her knowledge and
used in this clause, have the meanings set out in the Definitions belief,that:
and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is a. No Federal appropriated funds have been paid or will be
submitted for assistance in obtaining a copy of those regulations. paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any
e. The prospective lower tier participant agrees by submit- Federal agency,a Member of Congress,an officer or employee of
ting this proposal that,should the proposed covered transaction be Congress,or an employee of a Member of Congress in connection
entered into,it shall not knowingly enter into any lower tier covered with the awarding of any Federal contract, the making of any
transaction with a person who is debarred, suspended, declared Federal grant,the making of any Federal loan,the entering into of
ineligible, or voluntarily excluded from participation in this covered any cooperative agreement, and the extension, continuation,
transaction, unless authorized by the department or agency with renewal, amendment, or modification of any Federal contract,
which this transaction originated. grant,loan,or cooperative agreement.
f. The prospective lower tier participant further agrees by b. If any funds other than Federal appropriated funds have
submitting this proposal that it will include this clause titled been paid or will be paid to any person for influencing or attempt-
"Certification Regarding Debarment, Suspension, Ineligibility and ing to influence an officer or employee of any Federal agency, a
Voluntary Exclusion-Lower Tier Covered Transaction," without Member of Congress, an officer or employee of Congress, or an
modification, In all lower tier covered transactions and in all employee of a Member of Congress in connection with this
solicitations for lower tier covered transactions. Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
g. A participant in a covered transaction may rely upon a "Disclosure Form to Report Lobbying," in accordance with its
certification of a prospective participant in a tower tier covered 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
the certification is erroneous. A participant may decide the which reliance was placed when this transaction was made or
method and frequency by which it determines the eligibility of its entered into. Submission of this certification is a prerequisite for
principals. Each participant may, but is not required to, check the making or entering into this transaction imposed by 31 U.S.C.
Nonprocurement List. 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
h. Nothing contained in the foregoing shall be construed to than$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 knowl
edge and information of participant is not required to exceed that 3. The prospective participant also agrees by submitting his or
which is normally possessed by a prudent person in the ordinary her bid or proposal that he or she shall require that the language of
course of business dealings. this certification be included in ail lower tier subcontracts,which
exceed$100,000 and that all such recipients shall certify and
I. Except for transactions authorized under paragraph e of disclose accordingly.
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 Govemment, the department or
agency with which this transaction originated may pursue available
remedies,including suspension and/or debarment.
Kika
MEMORANDUM
TO: Clerk to the Board DATE : Sept. 8, 2003
C.
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Chair's Signature
Please submit the enclosed item for the Chair's signature.
Agreement for the WCR 13 Roadway Improvements over the Saint Vrain River with
Zak Dirt.
Enclosed are two duplicate original contracts. Please send one original to Public works
as soon as the Agreement is executed.
The appropriate documentation is enclosed.
Enclosures
pc: Wayne Howard, Project Manager
M:\FRANCIE\CHAIR-SIGNATURE.DOC (..S
rR— id--o13
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