HomeMy WebLinkAbout980098.tiff EXHIBIT VIII-J
CONTRACT DOCUMENTS
SAMPLE CONTRACT
THIS AGREEMENT, made this 5th
day of January 19 98
by and between Board of Weld County Commissioners herein called "Owner"
(CORPORATE NAME OF PUBLIC AGENCY)
acting herein through its County Engineer and a corporation/a
(TITLE OF AUTHORIZED OFFICIAL)
XfK7fMeTtrei(Strike Out Inapplicable Terms) doing business as J-2 Contracting
Company , of Windsor County of Weld
and State of Colorado , hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned,
to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to
commence and complete the construction described as follows:
Rehabilitation of Weld County ;Bridge 129/92A •
hereinafter called the project, for the sum of Fifty-three thousand, four hundredforty-eight and no/100
Dollars
($ 53,448.00 ) and all extra work in connection therewith, under the terms as stated in the General
and Supplemental Conditions of the Contract, the Terms and Conditions of the Contract, and the Labor
Standards Provisions of the Contract and at his (its or their) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said project in accordance with the conditions and
prices stated in the Proposal, the General Conditions, and Supplemental General Conditions of the
Contract, the plans which include all maps, plats, blue prints, and other drawings and printed or written
explanatory matter thereof, the specifications and contract documents therefor as prepared by
Weld County Public Works Dept. herein entitled the Architect/Engineer, and as
enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof
and collectively evidence and constitute the Contract.
The Contractor hereby agrees to commence work under this Contract on or before a date to be
specified in a written "Notice to Proceed" of the Owner and to fully complete the project within
consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the
sum of
S 205.00 for each consecutive calendar day thereafter as hereinafter provided
in Paragraph 19 of the General Conditions.
VIII-J-1
d}2Q�yLt ateEGoo �7
00P7/94' 980098
•
EXHIBIT VIII-J, Cont.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract,
subject to additions and deductions, as provided in the General Conditions of the Contract, and to
make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the
General Conditions.
IN WITNESS WHEREOF, the parties to these presents have executed this Contract in
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
(SEAL) <\1\c‘ [�h a
yP ,
i
ATTEST: acid ih ' �s � i. Board of Weld County Commissioners
Owner
5rj4j /
By{
Secretary
Chair
Witness
Title (01/07/98)
(SEAL)
ATTEST: J-2 Contracting Company
Contractor
,l 9
By
ecrea
A
Witness Title
ILO() C-{jato\,Sh. )4 WiNosatico ‘6OsSu
Address
VIII-J-2
FHWA-1273 Elect/on,c vers,on--March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page b. employ convict labor for any purpose within the limits of the
I. General 1 project unless it is labor performed by convicts who are on parole.
II. Nondiscrimination 1 supervised release,or probation.
III. Nonsegregated Facilities 3
IV. Payment of Predetermined Minimum Wage 3 II. NONDISCRIMINATION
V. Statements and Payrolls 6
VI. Record of Materials,Supplies,and Labor 6 (Applicable to all Federal-aid construction contracts and to all related
VII. Subletting or Assigning the Contract 7 subcontracts of$10,000 or more.)
VIII. Safety: Accident Prevention 7
IX. False Statements Concerning Highway Projects 7 1. Equal Employment Opportunity: Equal employment opportu-
X. Implementation of Clean Air Act and Federal nity (EEO) requirements not to discriminate and to take affirmative
Water Pollution Control Act 8 action to assure equal opportunity as set forth under laws,executive
Xl. Certification Regarding Debarment,Suspension, orders,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)
Ineligibility,and Voluntary Exclusion 8 and orders of the Secretary of Labor as modified by the provisions
XII. Certification Regarding Use of Contract Funds for prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
Lobbying 9 constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The Equal Opportunity
ATTACHMENTS Construction Contract Specifications set forth under 41 CFR 60-4.3 and
the provisions of the American Disabilities Act of 1990 (42 U.S.C.
A. Employment Preference for Appalachian Contracts 12101 et sew.) set forth under 28 CFR 35 and 29 CFR 1630 are
(included in Appalachian contracts only) incorporated by reference in this contract. In the execution of this
contract,the contractor agrees to comply with the following minimum
I. GENERAL specific requirement activities of EEO:
1. These contract provisions shall apply to all work performed on the a. The contractor will work with the State highway agency(SHA)
contract by the contractor's own organization and with the assistance of and the Federal Government in carrying out EEO obligations and in their
workers under the contractor's immediate superintendence and to all review of his/her activities under the contract.
work performed on the contract by piecework, station work, or by
subcontract. b. The contractor will accept as his operating policy the following
statement:
2. Except as otherwise provided for in each section,the contractor
shall insert in each subcontract all of the stipulations contained in these "It is the policy of this Company to assure that applicants are
Required Contract Provisions,and further require their Inclusion In any employed, and that employees are treated during employment,
lower tier subcontract or purchase order that may in turn be made. The without regard to their race,religion,sex,color,national origin,age
Required Contract Provisions shall not be Incorporated by reference in or disability. Such action shall include:employment,upgrading,
any case. The prime contractor shall be responsible for compliance by demotion,or transfer;recruitment or recruitment advertising;layoff
any subcontractor or lower tier subcontractor with these Required or termination;rates of pay or other forms of compensation;and
Contract Provisions. selection for training,Including apprenticeship,preapprenticeship,
and/or on-the-job training."
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of the 2. EEO Officer: The contractor will designate and make known to
contract. the SHA contracting officers an EEO Officer who will have the responsi-
bility for and must be capable of effectively administering and promoting
4. A breach of the following clauses of the Required Contract an active contractor program of EEO and who must be assigned
Provisions may also be grounds for debarment as provided in 29 CFR adequate authority and responsibility to do so.
5.12:
3. Dissemination of Policy: All members of the contractors staff
Section I,paragraph 2; who are authorized to hire,supervise,promote,and discharge employ-
Section IV,paragraphs 1,2,3,4,and 7; ees,or who recommend such action,or who are substantially involved
Section V,paragraphs 1 and 2a through 2g. in such action,will be made fully cognizant of,and will implement,the
contractors EEO policy and contractual responsibilities to provide EEO
5. Disputes arising out of the labor standards provisions of Section in each grade and classification of employment. To ensure that the
IV (except paragraph 5) and Section V of these Required Contract above agreement will be met,the following actions will be taken as 3
Provisions shall not be subject to the general disputes clause of this minimum:
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor(DOL)as set forth in 29 a. Periodic meetings of supervisory and personnel office
CFR 5,6, and 7. Disputes within the meaning of this clause include employees will be conducted before the start of work and then not less
disputes between the contractor(or any of its subcontractors)and the often than once every six months,at which time the contractors EE
contracting agency, the IDOL, or the contractors employees or their policy and its implementation will be reviewed and explained
representatives. meetings will be conducted by the EEO Officer.
6. Selection of Labor: During the performance of this contract,the b. All new supervisory or personnel office employees will be giver'
contractor shall not: a thorough indoctrination by the EEO Officer,covering all major aspects
of the contractors EEO obligations within thirty days following the-
a. discriminate against labor from any other State,possession, reporting for duty with the contractor.
or territory of the United States(except for employment preference for
Appalachian contracts,when applicable,as specified in Attachment A), C. All personnel who are engaged in direct recruitment for the
or orclecl will be instructed by the EEO Officer in the contractors
procedures for locating and hiring minority group employees. employment.
d. Notices and posters setting forth the contractors EEO policy b. Consistent with the contractors work force requirements and
will be placed in areas readily accessible to employees,applicants for as permissible under Federal and State regulations,the contractor shall
employment and potential employees. make full use of training programs,i.e.,apprenticeship,and on-the-job
training programs for the geographical area of contract performance.
e. The contractors EEO policy and the procedures to implement Where feasible,25 percent of apprentices or trainees in each occupa-
such policy will be brought to the attention of employees by means of lion shall be in their first year of apprenticeship or training. In the event
meetings,employee handbooks,or other appropriate means. a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision.
4. Recruitment: When advertising for employees,the contractor will
include in all advertisements for employees the notation: "An Equal c. The contractor will advise employees and applicants for
Opportunity Employer." All such advertisements will be placed in employment of available training programs and entrance requirements
publications having a large circulation among minority groups in the area for each.
from which the project work force would normally be derived.
d. The contractor will periodically review the training and
a. The contractor will, unless precluded by a valid bargaining promotion potential of minority group and women employees and will
agreement,conduct systematic and direct recruitment through public encourage eligible employees to apply for such training and promotion.
and private employee referral sources likely to yield qualified minority
group applicants. To meet this requirement,the contractor will identify 7. Unions: If the contractor relies in whole or in part upon unions as
sources of potential minority group employees,and establish with such a source of employees,the contractor will use his/her best efforts to
identified sources procedures whereby minority group applicants may obtain the cooperation of such unions to increase opportunities for
be referred to the contractor for employment consideration. minority groups and women within the unions,and to effect referrals by
such unions of minority and female employees. Actions by the
b. In the event the contractor has a valid bargaining agreement contractor either directly or through a contractors association acting as
providing for exclusive hiring hall referrals,he is expected to observe the agent will include the procedures set forth below:
provisions of that agreement to the extent that the system permits the
contractors compliance with EEO contract provisions. (The DOL has a. The contractor will use best efforts to develop,in cooperation
held that where implementation of such agreements have the effect of with the unions,joint training programs aimed toward qualifying more
discriminating against minorities or women,or obligates the contractor minority group members and women for membership in the unions and
to do the same,such implementation violates Executive Order 11246, increasing the skills of minority group employees and women so that
as amended.) they may qualify for higher paying employment.
c. The contractor will encourage his present employees to refer b. The contractor will use best efforts to incorporate an EEO
minority group applicants for employment. Information and procedures clause into each union agreement to the end that such union will be
with regard to referring minority group applicants will be discussed with contractually bound to refer applicants without regard to their race,color,
employees. religion,sex,national origin,age or disability.
5. Personnel Actions: Wages,working conditions,and employee c. The contractor Is to obtain information as to the referral
benefits shall be established and administered,and personnel actions practices and policies of the labor union except that to the extent such
of every type,including hiring,upgrading,promotion,transfer,demotion, information is within the exclusive possession of the labor union and
layoff, and termination, shall be taken without regard to race, color, such labor union refuses to furnish such information to the contractor,
religion,sex,national origin,age or disability. The following procedures the contractor shall so certify to the SHA and shall set forth what efforts
shall be followed: have been made to obtain such information.
a. The contractor will conduct periodic inspections of project sites
to insure that working conditions and employee facilities do not indicate d. In the event the union is unable to provide the contractor with
discriminatory treatment of project site personnel. a reasonable flow of minority and women referrals within the time limit
set forth in the collective bargaining agreement, the contractor will,
b. The contractor will periodically evaluate the spread of wages through independent recruitment efforts,fill the employment vacancies
paid within each classification to determine any evidence of discrimina- without regard to race, color, religion, sex, national origin, age or
tory wage practices. disability,making full efforts to obtain qualified and/or qualifiable minority
group persons and women. (The DOL has held that it shall be no
c. The contractor will periodically review selected personnel excuse that the union with which the contractor has a collective
actions in depth to determine whether there is evidence of discrimi- bargaining agreement providing for exclusive referral failed to refer
nation. Where evidence is found, the contractor will promptly take minority employees.) In the event the union referral practice prevents
corrective action. If the review indicates that the discrimination may the contractor from meeting the obligations pursuant to Executive Order
extend beyond the actions reviewed,such corrective action shall include 11246,as amended,and these special provisions,such contractor shall
all affected persons. immediately notify the SHA.
d. The contractor will promptly investigate all complaints of 3. Selection of Subcontractors,Procurement of Materials arc
alleged discrimination made to the contractor in connection with his Leasing of Equipment: The contractor shall not discriminate on:re
obligations under this contract,will attempt to resolve such complaints, grounds of race,color,religion, sex,national origin,age or disability -
and will take appropriate corrective action within a reasonable time. If the selection and retention of subcontractors.Including Procure^-=r
the investigation indicates that the discrimination may affect persors materials and leases of equipment.
other than the complainant, such corrective action shall include such
other persons. Upon completion of each investigation,the contractor a The contractor shall notify all potential succor:rac'..r
will inform every complainant of all of his avenues of appeal. .-c;=,,ers of nis/her EEO obligations under this contract
3. Training and Promotion: D. Disadvantaged business enterprises(DBE),as defined n;,
:FR 23, shall have equal opportunity to compete for and perforn
a The contractor will assist in locating.qualifying.and increasing subcontracts which the contractor enters into pursuant to this contract.
the skills of minority group and women employees,and applicants for The contractor will use his best efforts to solicit bids from and to utilize
T
DBE subcontractors or subcontractors with meaningful minority group IV. PAYMENT CF PREDETERMINED MINIMUM WAGE
and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel. (Applicable to all Federal-aid construction contracts exceeding
$2,000 and to all related subcontracts,except for projects located on
c. The contractor will use his best efforts to ensure subcontractor roadways classified as local roads or rural minor collectors,which are
compliance with their EEO obligations. exempt.)
9. Records and Reports: The contractor shall keep such records 1. General:
as necessary to document compliance with the EEO requirements,
Such records shall be retained for a period of three years following a. All mechanics and laborers employed or working upon the site
completion of the contract work and shall be available at reasonable of the work will be paid unconditionally and not less often than once a
times and places for inspection by authorized representatives of the week and without subsequent deduction or rebate on any account
SHA and the FHWA.
[except such payroll dedut,tima as are permitted by regulations(29 CFR
3)issued by the Secretary of Labor under the Copeland Act(40 U.S.C.
a. The records kept by the contractor shall document the 276c)]the full amounts of wages and bona fide fringe benefits(or cash
following: equivalents thereof) due at time of payment. The payment shall be
computed at wage rates not less than those contained in the wage
(1) The number of minority and non-minority group members determination of the Secretary of Labor(hereinafter"the wage determi-
and women employed in each work classification on the project; nation")which is attached hereto and made a part hereof,regardless of
any contractual relationship which may be alleged to exist between the
(2) The progress and efforts being made in cooperation with contractor or its subcontractors and such laborers and mechanics. The
unions, when applicable, to increase employment opportunities for wage determination(including any additional classifications and wage
minorities and women; rates conformed under paragraph 2 of this Section IV and the DOL
poster(WH-1321)or Form FHWA-1495)shall be posted at all times by
(3) The progress and efforts being made in locating,hiring, the contractor and its subcontractors at the site of the work in a
training,qualifying,and upgrading minority and female employees;and prominent and accessible place where it can be easily seen by the
workers. For the purpose of this Section,contributions made or costs
(4) The progress and efforts being made in securing the reasonably anticipated for bona fide fringe benefits under Section
services of DBE subcontractors or subcontractors with meaningful 1(b)(2)of the Davis-Bacon Act(40 U.S.C.276a)on behalf of laborers
minority and female representation among their employees. or mechanics are considered wages paid to such laborers or mechan-
ics,subject to the provisions of Section IV,paragraph 3b,hereof. Also,
b. The contractors will submit an annual report to the SHA each for the purpose of this Section, regular contributions made or costs
July for the duration of the project,indicating the number of minority, incurred for more than a weeldy period(but not less often than quarterly)
women,and non-minority group employees currently engaged in each under plans, funds, or programs, which cover the particular weekly
work classification required by the contract work. This information is to period,are deemed to be constructively made or incurred during such
be reported on Form FHWA-1391. If on-the job training is being weekly period. Such laborers and mechanics shall be paid the
required by special provision,the contractor will be required to collect appropriate wage rate and fringe benefits on the wage determination for
and report training data. the classification of work actually performed, without regard to skill,
except as provided in paragraphs 4 and 5 of this Section IV.
Ill. NONSEGREGATED FACILITIES
b. Laborers or mechanics performing work in more than one
(Applicable to all Federal-aid construction contracts and to all related classification may be compensated at the rate specified for each
subcontracts of$10,000 or more.) classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each
a. By submission of this bid, the execution of this contract or classification in which work is performed.
subcontract,or the consummation of this material supply agreement or
purchase order, as appropriate, the bidder, Federal-aid construction c. All rulings and interpretations of the Davis-Bacon Act and
contractor,subcontractor,material supplier,or vendor,as appropriate, related acts contained in 29 CFR 1,3,and 5 are herein incorporated by
certifies that the firm does not maintain or provide for its employees any reference in this contract.
segregated facilities at any of its establishments,and that the firm does
not permit its employees to perform their services at any location,under 2. Classification:
its control,where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of a. The SHA contracting officer shall require that any class of
this contract. The firm further certifies that no employee will be denied laborers or mechanics employed under the contract,which is not fisted
access to adequate facilities on the basis of sex or disability. in the wage determination, shall be classified in conformance with the
wage determination.
b. As used in this certification,the term`segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms, b. The contracting officer shall approve an additional aassfca-
restaurants and other eating areas,timeclocks,locker rooms,and other ben,wage rate and fringe benefits only when the following criteria 'a'.e
storage or dressing areas,parking lots,drinking fountains,recreation or been met:
entertainment areas,transportation,and housing facilities provided for
employees which are segregated by explicit directive, or are, in fact, the work to be perormec cv:re acc:ticnai.:assCcr
segregated on the basis of race,color,religion, national origin,age or t ct.ested:s nct performed by a clas i"catc n'he wa ce e'er r r--
disability, because of habit, local custom, or otherwise. The only
exception will be for the disabled when the demands for accessibAu, ,2) the additonai a -
override(e.g.disabled parking). s:-.,crcn industry-
c. The contractor agrees that it has obtained or will octalr the proposed wage rate. rc n Dry beta gee .,- -
'dentical certification from proposed subcontractors or material suppliers e{2s,bears a reasonable relavonsmc„Me vra, -are,-onto rec
prior to award of subcontracts or consummation of material supply oe wage determination;and
agreements of$10,000 or more and that it will retain such certificaucrs
r,its files. - v :: :escec' :o .ir a -sdicat,:r
prevails in the area in which the work is performed. apprentice wage rate,who is not registered or otherwise employed as
stated above,shall be paid not less than the applicable wage rate listed
c. lithe contractor or subcontractors,as appropriate,the laborers in the wage determination for the classification of work actually per-
and mechanics(if known)to be employed in the additional classification formed. In addition,any apprentice performing work on the job site in
or their representatives, and the contracting officer agree on the excess of the ratio permitted under the registered program shall be paid
classification and wage rate(including the amount designated for fringe not less than the applicable wage rate on the wage determination for the
benefits where appropriate),a report of the action taken shall be sent by work actually performed. Where a contractor or subcontractor is
the contracting officer to the DOL,Administrator of the Wage and Hour performing construction on a project in a locality other than that in which
Division, Employment Standards Administration, Washington, D.C. its program is registered, the ratios and wage rates (expressed in
20210. The Wage and Hour Administrator,or an authorized representa- percentages of the journeyman-level hourly rate) specified in the
tive,will approve,modify,or disapprove every additional classification contractors or subcontractors registered program shall be observed.
action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional (3) Every apprentice must be paid at not less than the rate
time is necessary. specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeyman-level hourly rate specified
d. In the event the contractor or subcontractors,as appropriate, in the applicable wage determination. Apprentices shall be paid fringe
the laborers or mechanics to be employed in the additional classification benefits in accordance with the provisions of the apprenticeship
or their representatives,and the contracting officer do not agree on the program. If the apprenticeship program does not specify fringe benefits,
proposed classification and wage rate(including the amount designated apprentices must be paid the full amount of fringe benefits listed on the
for fringe benefits,where appropriate),the contracting officer shall refer wage determination for the applicable classification. If the Administrator
the questions, including the views of all interested parties and the for the Wage and Hour Division determines that a different practice
recommendation of the contracting officer, to the Wage and Hour prevails for the applicable apprentice classification,fringes shall be paid
Administrator for determination. Said Administrator,or an authorized in accordance with that determination.
representative,will issue a determination within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer (4) In the event the Bureau of Apprenticeship and Training,
within the 30-day period that additional time is necessary ora State apprenticeship agency recognized by the Bureau,withdraws
approval of an apprenticeship program,the contractor or subcontractor
e. The wage rate(including fringe benefits where appropriate) will no longer be permitted to utilize apprentices at less than the
determined pursuant to paragraph 2c or 2d of this Section IV shall be applicable predetermined rate for the comparable work performed by
paid to all workers performing work in the additional classification from regular employees until an acceptable program is approved.
the first day on which work is performed in the classification.
b. Trainees:
3. Payment of Fringe Benefits:
(1) Except as provided in 29 CFR 5.16,trainees will not be
a. Whenever the minimum wage rate prescribed in the contract permitted to work at less than the predetermined rate for the work
for a class of laborers or mechanics includes a fringe benefit which is performed unless they are employed pursuant to and individually
not expressed as an hourly rate,the contractor or subcontractors,as registered in a program which has received prior approval,evidenced by
appropriate,shall either pay the benefit as stated in the wage determine- formal certification by the DOL,Employment and Training Administra-
tion or shall pay another bona fide fringe benefit or an hourly case tion.
equivalent thereof.
(2) The ratio of trainees to journeyman-level employees on
b. If the contractor or subcontractor,as appropriate,does not thejob site shall not be greater than permitted under the plan approved
make payments to a trustee or other third person,he/she may consider by the Employment and Training Administration. Any employee listed
as a part of the wages of any laborer or mechanic the amount of any on the payroll at a trainee rate who is not registered and participating in
costs reasonably anticipated in providing bona fide fringe benefits under a training plan approved by the Employment and Training Administration
a plan or program,provided,that the Secretary of Labor has found,upon shall be paid not less than the applicable wage rate on the wage
the written request of the contractor,that the applicable standards of the determination for the classification of work actually performed. In
Davis-Bacon Act have been met. The Secretary of Labor may require addition,any trainee performing work on the job site in excess of the
the contractor to set aside in a separate account assets for the meeting ratio permitted under the registered program shall be paid not less than
of obligations under the plan or program. the applicable wage rate on the wage determination for the work actually
performed.
4. Apprentices and Trainees(Programs of the U.S.DOL)and
Helpers:
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
a. Apprentices: expressed as a percentage of the journeyman-level hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe
(1) Apprentices will be permitted to work at less than the benefits in acccrdancewith the provisions of the trainee program. If the
predetermined rate for the work they performed when they are employed trainee program does not mention fringe benefits,trainees shall be paid
pursuant to and individually registered in a bona fide apprenticeship the full amount of fringe benefits listed on the wage determination unless
program registered with the DOL,Employment and Training Administra- the Administrator of the Wage and Hour Division determines that there
tion,Bureau of Apprenticeship and Training,or with a State apprentice- is an apprenticeship program associated with the corresxndir
ship agency recognized by the Bureau,or if a person is employed in ourneyman-level wage rate on the wage determination which crevice:
his/her first 90 days of probationary employment as an apprentice in . for less than full fringe benefits for apprentices, in which case .u-. •
such an apprenticeship program,who is not individually registered in the -rinees shall receive the same fringe benefits as accrec.c-s
program,but who has been certified by the Bureau of Apprenticeship
and Training or a State apprenticeship agency(where appropriate):o ce 14) in the event the Employment and Training ecmirsc s-._.-
eligible for probationary employment as an apprentice. •,imoraws ap
proval of a training program,the contractor or scxomrzo
'c*will no longer be permitted to utilize trainees at less than the apt:c
(2) The allowable ratio of apprentices to journeyman-e.:e. pie predetermined rate for the work oerormed ';nnl ar -
emoloyees on the job site in any craft classification shall not be greater cragram is approved.
:han the ratio permitted to the contractor as to the entire work force
a nder the registered program. Any employee listed on a payroll at -r ,
Helpers will be permitted to work on a project if the helper tor or subcontractor under any such contract or any other Federal
rUsdfication is verified and defined on the applicable wage determine- contract with the same pnme contractor,or any other Federally-assisted
Lion or is approved pursuant to the conformance procedure set forth in contract subject to the Contract Work Hours and Safety Standards Act,
Section IV.2. Any worker listed on a payroll at a helper wage rate,who which is held by the same prime contractor, such sums as may be
is not a helper under a approved definition,shall be paid not less than determined to be necessary to satisfy any liabilities of such contractor
the applicable wage rate on the wage determination for the classification or subcontractor for unpaid wages and liquidated damages as provided
of work actually performed. in the clause set forth in paragraph 8 above.
5. Apprentices and Trainees(Programs of the U.S.DOT): V. STATEMENTS AND PAYROLLS
Apprentices and trainees working under apprenticeship and skill (Applicable to all Federal-aid construction contracts exceeding$2,000
training programs which have been certified by the Secretary of and to all related subcontracts,except for projects located on roadways
Transportation as promoting EEO in connection with Federal-aid classified as local roads or rural collectors,which are exempt.)
highway construction programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage rates for 1. Compliance with Copeland Regulations(29 CFR 3):
apprentices and trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to journey- The contractor shall comply with the Copeland Regulations of the
men shall not be greater than permitted by the terms of the particular Secretary of Labor which are herein incorporated by reference.
program.
2. Payrolls and Payroll Records:
6. Withholding:
a. Payrolls and basic records relating thereto shall be main-
The SHA shall upon its own action or upon written request of an tamed by the contractor and each subcontractor during the course of the
authorized representative of the DOL withhold,or cause to be withheld, work and preserved for a period of 3 years from the date of completion
from the contractor or subcontractor under this contract or any other of the contract for all laborers, mechanics, apprentices, trainees,
Federal contract with the same prime contractor,or any other Federally- watchmen,helpers,and guards working at the site of the wort
assisted contract subject to Davis-Bacon prevailing wage requirements
which is held by the same prime contractor,as much of the accrued b. The payroll records shall contain the name,social security
payments or advances as may be considered necessary to pay laborers number, and address of each such employee; his or her correct
and mechanics,including apprentices,trainees,and helpers,employed classification;hourly rates of wages paid(Including rates of contribu-
by the contractor or any subcontractor the full amount of wages required dons or costs anticipated for bona Me fringe benefds or cash equivalent
by the contract. In the event of failure to pay any laborer or mechanic, thereof the types described in Section 1(b)(2)(B)of the Davis Bacon
including any apprentice,trainee,or helper,employed or working on the Act);daily and weekly number of hours worked;deductions made;and
site of the work,all or part of the wages required by the contract,the actual wages paid. In addition,for Appalachian contracts,the payroll
SHA contracting officer may,after written notice to the contractor,take records shall contain a notation indicating whether the employee does,
such action as may be necessary to cause the suspension of any further or does not,normally reside in the labor area as defined in Attachment
payment, advance, or guarantee of funds until such violations have A,paragraph 1. Whenever the Secretary of Labor,pursuant to Section
ceased. IV,paragraph 3b,has found that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
7. Overtime Requirements: benefits under a plan or program described in Section 1(b)(2)(B)of the
Davis Bacon Act,the contractor and each subcontractor shall maintain
No contractor or subcontractor contracting for any part of the records which show that the commitment to provide such benefds is
contract work which may require or involve the employment of laborers, enforceable,that the plan or program is financially responsible,that the
mechanics,watchmen,or guards(including apprentices,trainees,and plan or program has been communicated in writing to the laborers or
helpers described in paragraphs 4 and 5 above)shall require or permit mechanics affected,and show the cost anticipated or the actual cost
any laborer,mechanic,watchman,or guard in any workweek in which incurred in providing benefits. Contractors or subcontractors employing
he/she is employed on such work,to work in excess of 40 hours in such apprentices or trainees under approved programs shall maintain written
workweek unless such laborer,mechanic,watchman,or guard receives evidence of the registration of apprentices and trainees,and ratios and
compensation at a rate not less than one-and-one-half times his/her wage rates prescribed in the applicable programs.
basic rate of pay for all hours worked in excess of 40 hours in such
workweek. c. Each contractor and subcontractor shall furnish,each week in
which any contract work is performed,to the SHA resident engineer a
8. Violation: payroll of wages paid each of its employees(including apprentices,
Liability for Unpaid Wages;Liquidated Damages: In the event of trainees,and helpers,described in Section IV,paragraphs 4 and 5,and
any violation of the clause set forth in paragraph 7 above,the contractor watchmen and guards engaged on work during the preceding weekly
and any subcontractor responsible thereof shall be liable to the affected payroll period). The payroll submitted shall set out accurately and
employee for his/her unpaid wages. In addition,such contractor and completely all of the information required to be maintained under
subcontractor shall be liable to the United States(in the case of work paragraph 2b of this Section V. This information may be submitted in
done under contract for the District of Columbia or a territory,to such any form desired. Optional Form WH-347 is available for this purpose
District or to such territory) for liquidated damages. Such liquidated and may be purchased from the Superintendent of Documents(Federal
damages shall be computed with respect to each individual laborer, stock number 029-005-0014-1), U.S. Government Printing Offca
mechanic,watchman,or guard employed in violation of the clause set Washington, D.C.20402. The prime contractor is responsible`or—,
forth in paragraph 7,in the sum of$10 for each calendar day on which submission of copies of payrolls by all subcontractor&
such employee was required or permitted to work in excess of the
standard work week of 40 hours without payment of the overtime wages d. Each payroll submitted shall be accompanied cy a"Staterrer
required by the clause set forth in paragraph 7 Compliance," signed by the contractor or subcontractor or lashe.'
agent who pays or supervises the payment of the persons emc,c.:
9. Withholding for Unpaid Wages and Liquidated Damages: order the contract and shall certify the following:
The SHA shall upon its own action or upon written request of any (1) that the payroll for the payroll period contains
authorized representative of the DOL withhold,or cause to be withheld, nformation required to be maintained under paragraph 2b cf •r.,
from any monies payable on account of work performed by the contrac- 3ecnon V and that such information is correct and complete:
(2) that such laborer or mechanic (including each helper, contractors own organization(23 CFR 635).
apprentice, and trainee)employed on the contract during the payroll
period has been paid the full weekly wages earned,without rebate,either a. "Its own organization" shall be construed to include only
directly or indirectly, and that no deductions have been made either workers employed and paid directly by the prime contractor and
directly or indirectly from the full wages earned,other than permissible equipment owned or rented by the prime contractor, with or without
deductions as set forth in the Regulations,29 CFR 3; operators. Such term does not include employees or equipment of a
subcontractor,assignee,or agent of the prime contractor.
(3)that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent for the b. "Specialty Items"shall be construed to be limited to work that
classification of worked performed,as specified in the applicable wage requires highly specialized knowledge, abilities, or equipment not
determination incorporated into the contract. ordinarily available in the type of contracting organizations qualified and
expected to bid on the contract as a whole and in general are to be
e. The weekly submission of a properly executed certification set limited to minor components of the overall contract.
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the"Statement of Compliance"required 2. The contract amount upon which the requirements set forth in
by paragraph 2d of this Section V. paragraph 1 of Section VII is computed includes the cost of material and
manufactured products which are to be purchased or produced by the
f. The falsification of any of the above certifications may subject contractor under the contract provisions.
the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and
31 U.S.C.231. 3. The contractor shall fumish (a)a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
g. The contractor or subcontractor shall make the records performance of the work in accordance with the contract requirements,
required under paragraph 2b of this Section V available for inspection, and is in charge of all construction operations (regardless of who
copying,or transcription by authorized representatives of the SHA,the performs the work) and (b) such other of its own organizational
FHWA,or the DOL,and shall permit such representatives to interview resources(supervision,management,and engineering services)as the
employees during working hours on the job. If the contractor or SHA contracting officer determines is necessary to assure the perfor-
subcontractor fails to submit the required records or to make them mance of the contract.
available,the SHA,the FHWA,the DOL,or all may,after written notice
to the contractor,sponsor,applicant,or owner,take such actions as 4. No portion of the contract shall be sublet,assigned or otherwise
may be necessary to cause the suspension of any further payment, disposed of except with the written consent of the SHA contracting
advance, or guarantee of funds. Furthermore, failure to submit the officer,or authorized representative,and such consent when given shall
required records upon request or to make such records available may not be construed to relieve the contractor of any responsibility for the
be grounds for debarment action pursuant to 29 CFR 5.12. fulfillment of the contract. Written consent will be given only after the
SHA has assured that each subcontract is evidenced in writing and that
VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR it contains all pertinent provisions and requirements of the prime
contract.
1. On all Federal-aid contracts on the National Highway System,
except those which provide solely for the installation of protective VIII. SAFETY:ACCIDENT PREVENTION
devices at railroad grade crossings,those which are constructed on a
force account or direct labor hack,highway beautification contracts,and 1. In the performance of this contract the contractor shall comply with
contracts for which the total final construction cost for roadway and all applicable Federal,State,and local laws governing safety,health,and
bridge is less than$1,000,000(23 CFR 635)the contractor shall: sanitation(23 CFR 635). The contractor shall provide all safeguards,
safety devices and protective equipment and take any other needed
a. Become familiar with the list of specific materials and actions as it determines, or as the SHA contracting officer may
supplies contained in Form FHWA-47, "Statement of Materials and determine,to be reasonably necessary to protect the life and health of
Labor Used by Contractor of Highway Construction Involving Federal employees on the job and the safety of the public and to protect property
Funds,"prior to the commencement of work under this contract. in connection with the performance of the work covered by the contract.
b. Maintain a record of the total cost of all materials and supplies 2. It is a condition of this contract,and shall be made a condition of
purchased for and incorporated in the work,and also of the quantities each subcontract, which the contractor enters into pursuant to this
of those specific materials and supplies listed on Form FHWA-47,and contract,that the contractor and any subcontractor shall not permit any
in the units shown on Form FHWA-47. employee, in performance of the contract,to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to
c. Furnish, upon the completion of the contract, to the SHA his/her health or safety,as determined under construction safety and
resident engineer on Form FHWA-47 together with the data required in health standards(29 CFR 1926)promulgated by the Secretary of Labor,
paragraph lb relative to materials and supplies,a final labor summary in accordance with Section 107 of the Contract Work Hours and Safety
of all contract work indicating the total hours worked and the total Standards Act(40 U.S.C.333).
amount earned.
3. Pursuant to 29 CFR 1926.3,it is a condition of this contract tat
2. At the prime contractors option,either a single report covering all the Secretary of Labor or authorized representative thereof,shall hate
contract work or separate reports for the contractor and for each right of entry to any site of contract performance to inspect or investigate
subcontract shall be submitted. the matter of compliance with the construction safety and hear
standards and to carry out the duties of the Secretary under Section I
VII. SUBLETTING OR ASSIGNING THE CONTRACT of the Contract Work Hours and Safety Standards Act(40 U S C '7°
1. The contractor shall perform with its own organization contras X. FALSE STATEMENTS CONCERNING HIGHWAY PRO.;E
work amounting to not less than 30 percent(or a greater percentage if
specified elsewhere in the contract)of the total original contract price, in order to assure high quality and durable construction in canton
excluding any specialty items designated by the State. Specialty items with approved plans and specifications and a high degree of reliability or'
may be performed by subcontract and the amount of any such specialty stat,nm„bard representations made by engineers,contractors,suppii-
tems performed may be deducted from the total original contract price ers,and workers on Federal-aid highway projects.it is essential that a,l
before computing the amount of work required to be performed by the arsons concerned with the project perform their functions as carefu:lv
thoroughly,and honestly as possible. Willful falsification,distortion,or XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
misrepresentation with respect to any facts related to the project is a INELIGIBILITY AND VOLUNTARY EXCLUSION
violation of Federal law. To prevent any misunderstanding regarding the
seriousness of these and similar acts, the following notice shall be 1. Instructions for Certification -Primary Covered Transac-
posted on each Federal-aid highway project(23 CFR 635)in one or tions:
more places where it is readily available to all persons concerned with
the project: (Applicable to all Federal-aid contracts-49 CFR 29)
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID a. By signing and submitting this proposal, the prospective
HIGHWAY PROJECTS primary participant is providing the certification set out below.
18 U.S.C.1020 reads as follows: b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this covered
'Whoever,being an officer,agent,or employee of the United States, transaction. The prospective participant shall submit an explanation of
or of any State or Tendoy,or whoever,whether a person,association, why it cannot provide the certification set out below. The certification or
firm, or corporation, knowingly makes any false statement, false explanation will be considered in connection with the department or
representation,or false report as to the character,quality,quantity,or agencys determination whether to enter into this transaction. However,
cost of the material used or to be used,or the quantity or quality of the failure of the prospective primary participant to furnish a certification or
work performed or to be performed,or the cost thereof in connection an explanation shall disqualify such a person from participation in this
with the submission of plans,maps,specifications,contracts,or costs transaction.
of construction on any highway or related project submitted for approval
to the Secretary of Transportation:or c. The certification in this clause is a material representation of
fact upon which reliance was placed when the department or agency
Whoever knowingy makes any false statement,false representation, determined to enter into this transaction. If it is later determined that the
false report or false claim with respect to the character, quality, prospective primary participant knowingly rendered an erroneous
quantity,oreost of any work performed or to be performed,or materials certification, in addition to other remedies available to the Federal
furnished orb be furnished,in connection with the construction of any Government,the department or agency may terminate this transaction
highway or related project approved by the Secretary of Transportation; for cause of default.
or
d. The prospective primary participant shall provide immediate
Whoever knowingly makes any false statement or false repre- written notice to the department or agency to whom this proposal is
sentation as to material fact in any statement, certificate, or report submitted if any time the prospective primary participant learns that its
submitted pursuant to provisions of the Federal-aid Roads Act certification was erroneous when submitted or has become erroneous
approved July 1, 1916,(39 Stat.355), as amended and supplemented; by reason of changed circumstances.
Shat be fined not more that$10,000 or imprisoned not more than 5 e. The terms"covered transaction,""debarred,""suspended,"
years or both? "ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction,""principal,""proposal,"and"voluntarily
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL excluded,"as used in this clause, have the meanings set out in the
WATER POLLUTION CONTROL ACT Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the department or agency to which this
(Applicable to all Federal-aid construction contracts and to all related proposal is submitted for assistance in obtaining a copy of those
subcontracts of 5100,000 or more.) regulations.
By submission of this bid or the execution of this contract,or subcon- f. The prospective primary participant agrees by submitting this
had,as appropriate,the bidder,Federal-aid construction contractor,or proposal that,should the proposed covered transaction be entered into,
subcontractor, as appropriate,will be deemed to have stipulated as It shall not knowingly enter into any lower tier covered transaction with
follows: a person who is debarred,suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction,unless autho-
1. That any facility that is or will be utilized in the performance of this rized by the department or agency entering into this transaction.
contract, unless such contract is exempt under the Clean Air Act,as
amended(42 U.S.C.1857 et am.,as amended by Pub.L.91-604),and g. The prospective primary participant further agrees by
under the Federal Water Pollution Control Act,as amended(33 U.S.C. submitting this proposal that it will include the clause titled"Certification
1251 et sew.,as amended by Pub.L.92-500),Executive Order 11738, Regarding Debarment, Suspension, Ineligibility and Voluntary
and regulations In implementation thereof(40 CFR 15)is not listed,on Exclusion-Lower Tier Covered Transaction,"provided by the department
the date of contract award, on the U.S. Environmental Protection or agency entering into this covered transaction,without modification,in
Agency(EPA)List of Violating Facilities pursuant to 40 CFR 15.20. all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
2. That the firm agrees to comply and remain in compliance with all the
requirements of Section 114 of the Clean Air Act and Section 308 of the h. A participant in a covered transaction may rely upon 3
Federal Water Pollution Control Act and all regulations and guidelines certification of a prospective participant in a lower tier covered transac-
listed thereunder. tion that is not debarred,suspended,ineligible,or voluntarily exclude°
from the covered transaction, unless it knows that the certification .s
3. That the firm shall promptly notify the SHA of the receipt of any erroneous. A participant may decide the method and frequency ty
communication from the Director, Office of Federal Activities, EPA, which it determines the eligibility of its principals. Each participant may.
indicating that a facility that is or will be utilized for the contract is under but is not required to,check the nonprocurement portion of the"Lists of
consideration to be listed on the EPA List of Violating Facilities. Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Nonprocurement List) which is compiled by the General
4. That the firm agrees to include or cause to be included the require- Services Administration.
ments of paragraph 1 through 4 of this Section X in every nonexempt subcontract,and further agrees to take such action as the government I. Nothing contained in the foregoing shall be construed to require
may direct as a means of enforcing such requirements. establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of d. The terms"covered transaction,""debarred,""suspended."
participant is not required to exceed that which is normally possessed "ineligible," "primary covered transaction," "participant," "person,"
by a prudent person in the ordinary course of business dealings. "principal,""proposal,"and"voluntarily excluded,"as used in this clause,
have the meanings set out in the Definitions and Coverage sections of
j. Except for transactions authorized under paragraph f of these rules implementing Executive Order 12549. You may contact the
instructions,if a participant in a covered transaction knowingly enters person to which this proposal is submitted for assistance in obtaining a
into a lower tier covered transaction with a person who is suspended, copy of those regulations.
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal e. The prospective lower tier participant agrees by submitting this
Government,the department or agency may terminate this transaction proposal that,should the proposed covered transaction be entered into,
for cause or default. it shall not knowingly enter into any lower tier covered transaction with
a person who is debarred,suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction, unless autho-
rized by the department or agency with which this transaction originated.
Certification Regarding Debarment,Suspension,Ineligibility f. The prospective lower tier participant further agrees by
and Voluntary Exclusion—Primary Covered Transactions submitting this proposal that it will include this clause titled"Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
1. The prospective primary participant certifies to the best of its Exclusion-Lower Tier Covered Transaction,"without modification,in all
knowledge and belief,that it and its principals: lower tier covered transactions and in all solicitations for lower tier
covered transactions.
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered g. A participant in a covered transaction may rely upon a
transactions by any Federal department or agency; certification of a prospective participant in a lower tier covered transac-
tion that is not debarred,suspended,ineligible,or voluntarily excluded
b. Have not within a 3-year period preceding this proposal been from the covered transaction,unless it knows that the certification is
convicted of or had a civil judgement rendered against them for erroneous. A participant may decide the method and frequency by
commission of fraud or a criminal offense in connection with obtaining, which it determines the eligibility of its principals. Each participant may,
attempting to obtain, or performing a public (Federal, State or local) but is not required to,check the Nonprocurement List.
transaction or contract under a public transaction;violation of Federal or
State antitrust statutes or commission of embezzlement,theft,forgery, h. Nothing contained in the foregoing shall be construed to
bribery,falsification or destruction of records,making false statements, require establishment of a system of records in order to render in good
or receiving stolen property; faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally
c. Are not presently indicted for or otherwise criminally or civilly possessed by a prudent person in the ordinary course of business
charged by a governmental entity(Federal,State or local)with commis- dealings.
skin of any of the offenses enumerated in paragraph 1 b of this certifica-
tion;and I. Except for transactions authorized under paragraph e of these
instructions,if a participant in a covered transaction knowingly enters
d. Have not within a 3-year period preceding this applica- into a lower tier covered transaction with a person who is suspended,
tion/proposal had one or more public transactions (Federal, State or debarred, ineligible, or voluntarily excluded from participation in this
local)terminated for cause or default, transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction
2. Where the prospective primary participant is unable to certify to originated may pursue available remedies,including suspension and/or
any of the statements in this certification,such prospective participant debarment.
shall attach an explanation to this proposal.
Certification Regarding Debarment,Suspension,Ineligibility
2. Instructions for Certification-Lower Tier Covered Transac- and Voluntary Exclusion—Lower Tier Covered Transactions:
tions:
1. The prospective lower tier participant certifies,by submission of
(Applicable to all subcontracts,purchase orders and other lower tier this proposal, that neither it nor its principals is presently debarred.
transactions of$25,000 or more-49 CFR 29) suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from participation in this transaction by any Federal depart-
a. By signing and submitting this proposal,the prospective lower ment or agency.
tier is providing the certification set out below.
2. Where the prospective lower tier participant;s unaote:o certify
b. The certification in this clause is a material representation of any of the statements in this certification,such croscective Panic:cc-
fact upon which reliance was placed when this transaction was entered shall attach an explanation to this proposal.
into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Govemment, the department. or
agency with which this transaction originated may pursue available „I. CERTIFICATION REGA,RCiNG USE CF :.'r' .:C'
remedies,including suspension and/or debarment. FOR LOBBYING
c. The prospective lower tier participant shall provide'.mmedia•ii !Applicableto all Federal-aid construction contracts ,.-,: n, •
'Written notice to the person to which this proposal is submitted if at are ;cocontracts which exceed 3100,003-49 CFR 2.C
time the prospective lower tier participant learns that its certification s.,
erroneous by reason of changed circumstances. ' The prospective participant certifies, by signing and suematlrq
its Jul or proposal,to the best of his or her knowledge and belief,that
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned,to any person for Influencing or
attempting to influence an officer or employee of any Federal agency,a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress In connection with the awarding of
any Federal contract,the making of any Federal grant,the making of any
Federal loan,the entering into of any cooperative agreement,and the
extension, continuation, renewal, amendment, or modification of any
Federal contract,grant,loan,Of cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency,a Member of
Congress,an officer or employee of Congress,or an employee of a
Member of Congress in connection with this Federal contract,grant,
loan, or cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in
accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C.1352. Any person who fails
to file the required certification shall be subject to a civil penalty of not
less than$10,000 and not more than$100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts,which exceed
$100,000 and that all such recipients shall certify and disclose accord-
ingly.
Page 9
• tl
(Siseisese‘
MEMORANDUM - -3
1111DC TO: Vicky Sprague, Comm. Office DATE: J rillar'y 5, 1998
•
COLORADO FROM: Wayne Howard, Civil Engineer III-,
SUBJECT: Contract Agreement with J-2 Contracting for
the Rehabilitation of Bridge I29/92A
Enclosed is an Agreement between J-2 Contracting Company and Weld County for the
rehabilitation of Bridge 129/92A
Please have Commissioner Harbert, Chair, sign both original contracts and return both originals
to me at your earliest convenience.
m:\engineer\sig.mem
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