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Home My WebLink About20141642.tiff iYi86iy!�a* ►� l !% MEMORANDUM co-incter/ r R z- TO: Clerk to the Board DATE: June 19, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda RE: Bid No. B1400085 WCR 49/SH 34 Intersection Improvements Project Agreement for Construction Services with Lawson Construction Company in the amount of $2,237,272.33. Attached are two original Agreements. Please return one signed original agreement to Public Works. NI J-rancle\AGENDA memos\Agendaznikeeedell-3.dccx /at' 45 AAU4e) aoiq- ILUz 6 - z3 -1?-1 06-a,8_/`/ 660010 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND LAWSON CONSTRUCTION COMPANY WCR 49/SH 34 INTERSECTION IMPROVEMENTS THIS AGREEMENT is made and entered into this _16th day of June , 2014, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners,whose address is 1150"O"Street,Greeley,Colorado 80631 hereinafter referred to as "County," and Lawson Construction Company , [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is 20 South Sunset Street, Longmont, CO 80502, hereinafter referred to as "Contractor". Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Exhibit A consists of County's Request for Bid as set forth in"Bid Package No.B1400085". The bid contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, WCR 49/SH 34 Intersection Improvements are in need of construction services, (hereinafter referred to as the"Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the repair of this road OR bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A; and WHEREAS,Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: County and Contractor acknowledge and agree that this Agreement,including specifically Exhibits A and B define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements.Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. BID NO B1400085 G.70/9- //czl • 2. Work to be Performed. Contractor, under the general direction of, and in coordination with,the Weld County Director of Public Works or other designated supervisory personnel,(the"Project Manager"),agrees to perform the services described on attached Exhibits A and B. Contractor agrees that during the term of this Agreement, it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement.Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. 4. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount not to exceed the amount of $2,237,272.33, set forth in Exhibit B. Contractor acknowledges no additional payment will be made by County unless a"change order"authorizing such additional payment has been specifically approved by the Director of Weld County Public Works,or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 5. Additional Work. In the event the County shall require changes in the scope,character,or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.Contractor shall perform its duties hereunder as an independent contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers'compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable)incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any BID NO B1400085 agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement,whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Termination Provisions. A. County has the right to terminate this Agreement,with or without cause on thirty(30)days written notice. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials(or services) become unsatisfactory to the Project Manager. B. If this Agreement is terminated by County,Contractor shall be compensated for,and such compensation shall be limited to,(1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice,but which had not yet been approved for payment; and (3) the cost of any work which the Manager approves in writing which he determines is needed to accomplish an orderly termination of the work.County shall be entitled to the use of all material generated pursuant to this Agreement upon termination, C. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. D. Upon termination of this Agreement by County,Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement.Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: BID NO B1400085 A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B. All construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default.No assent,expressed or implied,to any breach of any one or more covenants,provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A.Contractor shall be responsible for the professional quality,technical accuracy,and quantity of all construction services provided, the timely delivery of said services,and the coordination of all services rendered by Contractor and shall,without additional compensation,promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County,its officers,agents,and employees,from and against injury,loss damage,liability, suits,actions,or claims of any type or character brought because of Contractor's acts,errors or omissions in seeking to perform its construction obligations under this Agreement. Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person,persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,or on account of or in consequence of neglect of Contractor in its construction methods or procedures; or in its provisions of the materials required herein,or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim there-under,without the prior written approval of County.Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID NO 81400085 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall,until the expiration of five(5)years after the final payment under this Agreement,have access to and the right to examine and audit any books,documents,papers and records of Contractor, involving all matters and/or transactions related to this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority,necessary and proper decisions with reference to the project. All requests for contract interpretations,change orders,and other clarification or instruction shall be directed to County Representative.The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest—C.R.S.$$24-18-201 et seq.and 824- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result,in County's sole discretion,in immediate termination of this Agreement.No employee of Contractor nor any member of Contractor's family shall BID NO B1400085 • serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services C.R.S. &8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees newly hired for employment in the United States to perform work under this Agreement through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed,(b)shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all requirements of the State program. If Contractor fails to comply with requirements of this provision or CRS §8-17.5-101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. BID NO B1400085 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M& S Standards"establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis-Bacon Wage Rates. The latest version of the Davis-Bacon wage decision is applicable to the work and is included in these bid documents. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2014. CONTRACTOR: By: , Date S.w, / P/ 2.oiif Name: '/ aksai Title: fjk WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: OL.7 W, ;ok Dougl Rademacher, Chair JUN 2 3 2014 Weld County Clerk to the Board 4E,Lam` �,-• �412 Deputy Cler to the Board % k`Y�' aik BID NO B1400085 ao/y/6 ya October 31, 2013 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program)funded Recreational Trails projects, Section 1 (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. October 31, 2013 2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273—Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS immediate superintendence and to all work performed on the I. General contract by piecework,station work,or by subcontract. II. Nondiscrimination III. Nonsegregated Facilities 3. A breach of any of the stipulations contained in these IV. Davis-Bacon and Related Act Provisions Required Contract Provisions may be sufficient grounds for V. Contract Work Hours and Safety Standards Act withholding of progress payments,withholding of final Provisions payment,termination of the contract,suspension/debarment VI. Subletting or Assigning the Contract or any other action determined to be appropriate by the VII. Safety:Accident Prevention contracting agency and FHWA. VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water 4. Selection of Labor:During the performance of this contract, Pollution Control Act the contractor shall not use convict labor for any purpose X. Compliance with Govemmentwide Suspension and within the limits of a construction project on a Federal-aid Debarment Requirements highway unless it is labor performed by convicts who are on Xl. Certification Regarding Use of Contract Funds for parole,supervised release,or probation. The term Federal-aid Lobbying highway does not include roadways functionally classified as local roads or rural minor collectors. ATTACHMENTS A.Employment and Materials Preference for Appalachian II. NONDISCRIMINATION Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. The I. GENERAL provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23(excluding In addition,the contractor and all subcontractors must comply emergency contracts solely intended for debris removal). The with the following policies:Executive Order 11246,41 CFR 60, contractor(or subcontractor)must insert this form in each 29 CFR 1625-1627,Title 23 USC Section 140,the subcontract and further require its inclusion in all lower tier Rehabilitation Act of 1973,as amended(29 USC 794),Title VI subcontracts(excluding purchase orders,rental agreements of the Civil Rights Act of 1964,as amended,and related and other agreements for supplies or services). regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase The contractor and all subcontractors must comply with: the order,rental agreement or agreement for other services. The requirements of the Equal Opportunity Clause in 41 CFR 60- prime contractor shall be responsible for compliance by any 1.4(b)and,for all construction contracts exceeding$10,000. subcontractor,lower-tier subcontractor or service provider. the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Form FHWA-1273 must be included in all Federal-aid design- build contracts,in all subcontracts and in lower tier Note:The U.S.Department of Labor has exclusive authority to subcontracts(excluding subcontracts for design services, determine compliance with Executive Order 11246 and the purchase orders,rental agreements and other agreements for policies of the Secretary of Labor including 41 CFR 60,and 29 supplies or services). The design-builder shall be responsible CFR 1625-1627. The contracting agency and the FHWA have for compliance by any subcontractor,lower-tier subcontractor the authority and the responsibility to ensure compliance with or service provider. Title 23 USC Section 140,the Rehabilitation Act of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of Contracting agencies may reference Form FHWA-1273 in bid 1964,as amended,and related regulations including 49 CFR proposal or request for proposal documents,however,the Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Form FHWA-1273 must be physically incorporated(not referenced)in all contracts,subcontracts and lower-tier The following provision is adopted from 23 CFR 230,Appendix subcontracts(excluding purchase orders,rental agreements A,with appropriate revisions to conform to the U.S. and other agreements for supplies or services related to a Department of Labor(US DOL)and FHWA requirements. construction contract). 1.Equal Employment Opportunity:Equal employment 2. Subject to the applicability criteria noted in the following opportunity(EEO)requirements not to discriminate and to take sections,these contract provisions shall apply to all work affirmative action to assure equal opportunity as set forth performed on the contract by the contractors own organization under laws,executive orders,rules,regulations(28 CFR 35, and with the assistance of workers under the contractors 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the October 31, 2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS provisions prescribed herein,and imposed pursuant to 23 d. Notices and posters setting forth the contractor's EEO U.S.C.140 shall constitute the EEO and specific affirmative policy will be placed in areas readily accessible to employees, action standards for the contractor's project activities under applicants for employment and potential employees. this contract.The provisions of the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR e. The contractors EEO policy and the procedures to 35 and 29 CFR 1630 are incorporated by reference in this implement such policy will be brought to the attention of contract.In the execution of this contract,the contractor employees by means of meetings,employee handbooks,or agrees to comply with the following minimum specific other appropriate means. requirement activities of EEO: 4.Recruitment:When advertising for employees,the a.The contractor will work with the contracting agency and contractor will include in all advertisements for employees the the Federal Govemment to ensure that it has made every notation:"An Equal Opportunity Employer." All such good faith effort to provide equal opportunity with respect to all advertisements will be placed in publications having a large of its terms and conditions of employment and in their review circulation among minorities and women in the area from of activities under the contract. which the project work force would normally be derived. b.The contractor will accept as its operating policy the a. The contractor will,unless precluded by a valid following statement: bargaining agreement,conduct systematic and direct recruitment through public and private employee referral "It is the policy of this Company to assure that applicants sources likely to yield qualified minorities and women. To are employed,and that employees are treated during meet this requirement,the contractor will identify sources of employment,without regard to their race,religion,sex,color, potential minority group employees,and establish with such national origin,age or disability. Such action shall include: identified sources procedures whereby minority and women employment,upgrading,demotion,or transfer;recruitment or applicants may be referred to the contractor for employment recruitment advertising;layoff or termination;rates of pay or consideration. other forms of compensation;and selection for training, including apprenticeship,pre-apprenticeship,and/or on-the- b. In the event the contractor has a valid bargaining job training." agreement providing for exclusive hiring hall referrals,the contractor is expected to observe the provisions of that 2. EEO Officer:The contractor will designate and make agreement to the extent that the system meets the contractor's known to the contracting officers an EEO Officer who will have compliance with EEO contract provisions. Where the responsibility for and must be capable of effectively implementation of such an agreement has the effect of administering and promoting an active EEO program and who discriminating against minorities or women,or obligates the must be assigned adequate authority and responsibility to do contractor to do the same,such implementation violates so. Federal nondiscrimination provisions. 3. Dissemination of Policy:All members of the contractors c. The contractor will encourage its present employees to staff who are authorized to hire,supervise,promote,and refer minorities and women as applicants for employment. discharge employees,or who recommend such action,or who Information and procedures with regard to refening such are substantially involved in such action,will be made fully applicants will be discussed with employees. cognizant of,and will implement,the contractors EEO policy and contractual responsibilities to provide EEO in each grade 5.Personnel Actions:Wages,working conditions,and and classification of employment. To ensure that the above employee benefits shall be established and administered,and agreement will be met,the following actions will be taken as a personnel actions of every type,including hiring,upgrading, minimum: promotion,transfer,demotion,layoff,and termination,shall be taken without regard to race,color,religion,sex,national a. Periodic meetings of supervisory and personnel office origin,age or disability. The following procedures shall be employees will be conducted before the start of work and then followed: not less often than once every six months,at which time the contractor's EEO policy and its implementation will be a. The contractor will conduct periodic inspections of project reviewed and explained. The meetings will be conducted by sites to insure that working conditions and employee facilities the EEO Officer. do not indicate discriminatory treatment of project site personnel. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,covering b. The contractor will periodically evaluate the spread of all major aspects of the contractors EEO obligations within wages paid within each classification to determine any thirty days following their reporting for duty with the contractor. evidence of discriminatory wage practices. c. All personnel who are engaged in direct recruitment for c. The contractor will periodically review selected personnel the project will be instructed by the EEO Officer in the actions in depth to determine whether there is evidence of contractor's procedures for locating and hiring minorities and discrimination. Where evidence is found,the contractor will women. promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. October 31, 2013 4 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection d. In the event the union is unable to provide the contractor with its obligations under this contract,will attempt to resolve with a reasonable flow of referrals within the time limit set forth such complaints,and will take appropriate corrective action in the collective bargaining agreement,the contractor will, within a reasonable time. If the investigation indicates that the through independent recruitment efforts,fill the employment discrimination may affect persons other than the complainant, vacancies without regard to race,color,religion,sex,national such corrective action shall include such other persons. Upon origin,age or disability;making full efforts to obtain qualified completion of each investigation,the contractor will inform and/or qualifiable minorities and women. The failure of a union every complainant of all of their avenues of appeal. to provide sufficient referrals(even though it is obligated to provide exclusive referrals under the terms of a collective 6.Training and Promotion: bargaining agreement)does not relieve the contractor from the requirements of this paragraph. In the event the union referral a. The contractor will assist in locating,qualifying,and practice prevents the contractor from meeting the obligations increasing the skills of minorities and women who are pursuant to Executive Order 11246,as amended,and these applicants for employment or current employees. Such efforts special provisions,such contractor shall immediately notify the should be aimed at developing full journey level status contracting agency. employees in the type of trade or job classification involved. 8. Reasonable Accommodation for Applicants I b. Consistent with the contractors work force requirements Employees with Disabilities: The contractor must be familiar and as permissible under Federal and State regulations,the with the requirements for and comply with the Americans with contractor shall make full use of training programs,i.e., Disabilities Act and all rules and regulations established there apprenticeship,and on-the-job training programs for the under. Employers must provide reasonable accommodation in geographical area of contract performance. In the event a all employment activities unless to do so would cause an special provision for training is provided under this contract, undue hardship. this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve 9.Selection of Subcontractors,Procurement of Materials training positions for persons who receive welfare assistance and Leasing of Equipment:The contractor shall not in accordance with 23 U.S.C.140(a). discriminate on the grounds of race,color,religion,sex, national origin,age or disability in the selection and retention c. The contractor will advise employees and applicants for of subcontractors,including procurement of materials and employment of available training programs and entrance leases of equipment. The contractor shall take all necessary requirements for each. and reasonable steps to ensure nondiscrimination in the administration of this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and a. The contractor shall notify all potential subcontractors and women and will encourage eligible employees to apply for suppliers and lessors of their EEO obligations under this such training and promotion. contract. 7.Unions:If the contractor relies in whole or in part upon b. The contractor will use good faith efforts to ensure unions as a source of employees,the contractor will use good subcontractor compliance with their EEO obligations. faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor,either directly or through a contractor's 10. Assurance Required by 49 CFR 26.13(b): association acting as agent,will include the procedures set forth below: a. The requirements of 49 CFR Part 26 and the State DOT's U.S.DOT-approved DBE program are incorporated by a. The contractor will use good faith efforts to develop,in reference. cooperation with the unions,joint training programs aimed toward qualifying more minorities and women for membership b. The contractor or subcontractor shall not discriminate on in the unions and increasing the skills of minorities and women the basis of race,color,national origin,or sex in the so that they may qualify for higher paying employment. performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and b. The contractor will use good faith efforts to incorporate an administration of DOT-assisted contracts. Failure by the EEO clause into each union agreement to the end that such contractor to carry out these requirements is a material breach union will be contractually bound to refer applicants without of this contract,which may result in the termination of this regard to their race,color,religion,sex,national origin,age or contract or such other remedy as the contracting agency disability. deems appropriate. c. The contractor is to obtain information as to the referral 11.Records and Reports:The contractor shall keep such practices and policies of the labor union except that to the records as necessary to document compliance with the EEO extent such information is within the exclusive possession of requirements. Such records shall be retained for a period of the labor union and such labor union refuses to furnish such three years following the date of the final payment to the information to the contractor,the contractor shall so certify to contractor for all contract work and shall be available at the contracting agency and shall set forth what efforts have reasonable times and places for inspection by authorized been made to obtain such information. representatives of the contracting agency and the FHWA. October 31, 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Contracting agencies may elect to apply these requirements to a. The records kept by the contractor shall document the other projects. following: (1)The number and work hours of minority and non- The following provisions are from the U.S.Department of Labor regulations in 29 CFR 5.5"Contract provisions and minority group members and women employed in each work classification on the project; related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (2)The progress and efforts being made in cooperation with unions,when applicable,to increase employment 1. Minimum wages opportunities for minorities and women;and (3)The progress and efforts being made in locating,hiring, a. All laborers and mechanics employed or working upon training,qualifying,and upgrading minorities and women; the site of the work,will be paid unconditionally and not less often than once a week,and without subsequent deduction or b. The contractors and subcontractors will submit an annual rebate on any account(except such payroll deductions as are report to the contracting agency each July for the duration of permitted by regulations issued by the Secretary of Labor the project,indicating the number of minority,women,and under the Copeland Act(29 CFR part 3)),the full amount of non-minority group employees currently engaged in each work wages and bona fide fringe benefits(or cash equivalents classification required by the contract work. This information is thereof)due at time of payment computed at rates not less to be reported on Form FHWA-1391. The staffing data should than those contained in the wage determination of the represent the project work force on board in all or any part of Secretary of Labor which is attached hereto and made a part the last payroll period preceding the end of July. If on-the-job hereof,regardless of any contractual relationship which may training is being required by special provision,the contractor be alleged to exist between the contractor and such laborers will be required to collect and report training data. The and mechanics. employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of Contributions made or costs reasonably anticipated for bona July. fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions III.NONSEGREGATED FACILITIES of paragraph 1.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not This provision is applicable to all Federal-aid construction less often than quarterly)under plans,funds,or programs contracts and to all related construction subcontracts of which cover the particular weekly period,are deemed to be $10,000 or more. constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate The contractor must ensure that facilities provided for wage rate and fringe benefits on the wage determination for employees are provided in such a manner that segregation on the classification of work actually performed,without regard to the basis of race,color,religion,sex,or national origin cannot skill,except as provided in 29 CFR 5.5(a)(4).Laborers or result. The contractor may neither require such segregated mechanics performing work in more than one classification use by written or oral policies nor tolerate such use by may be compensated at the rate specified for each employee custom. The contractors obligation extends further classification for the time actually worked therein:Provided, to ensure that its employees are not assigned to perform their That the employer's payroll records accurately set forth the services at any location,under the contractors control,where time spent in each classification in which work is performed. • the facilities are segregated. The term"facilities"includes The wage determination(including any additional classification waiting rooms,work areas,restaurants and other eating areas, and wage rates conformed under paragraph 1.b.of this time clocks,restrooms,washrooms,locker rooms,and other section)and the Davis-Bacon poster(W-l-1321)shall be storage or dressing areas,parking lots,drinking fountains, posted at all times by the contractor and its subcontractors at recreation or entertainment areas,transportation,and housing the site of the work in a prominent and accessible place where provided for employees. The contractor shall provide separate it can be easily seen by the workers. or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. b.(1)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in IV. DAVIS-BACON AND RELATED ACT PROVISIONS the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an This section is applicable to all Federal-aid construction additional classification and wage rate and fringe benefits projects exceeding$2,000 and to all related subcontracts and therefore only when the following criteria have been met: lower-tier subcontracts(regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid (i)The work to be performed by the classification highway. This excludes roadways functionally classified as requested is not performed by a classification in the wage local roads or rural minor collectors,which are exempt. determination;and October 31,2013 6 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (ii)The classification is utilized in the area by the The contracting agency shall upon its own action or upon construction industry;and written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor under this contract,or any other Federal (iii)The proposed wage rate,including any bona fide federally- fringe benefits,bears a reasonable relationship to the contract with the same prime contractor,or any other wage ratne cs tained in the wage determination. assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be (2)If the contractor and the laborers and mechanics to be considered necessary to pay laborers and mechanics, employed in the classification(if known),or their including apprentices,trainees,and helpers,employed by the representatives,and the contracting officer agree on the contractor or any subcontractor the full amount of wages classification and wage rate(including the amount required by the contract. In the event of failure to pay any designated for fringe benefits where appropriate),a report of laborer or mechanic,including any apprentice,trainee,or the action taken shall be sent by the contracting officer to the helper,employed or working on the site of the work,all or part Administrator of the Wage and Hour Division,Employment of the wages required by the contract,the contracting agency Standards Administration,U.S.Department of Labor, may,after written notice to the contractor,take such action as Washington,DC 20210.The Administrator,or an authorized may be necessary to cause the suspension of any further representative,will approve,modify,or disapprove every payment,advance,or guarantee of funds until such violations additional classification action within 30 days of receipt and have ceased. so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is 3. Payrolls and basic records necessary. a. Payrolls and basic records relating thereto shall be (3)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, maintained by the contractor during the course of the work and and the contracting officer do not agree on the proposed preserved for a period of three years thereafter for all laborers classification and wage rate(including the amount and mechanics working at the site of the work.Such records designated for fringe benefits,where appropriate),the shall contain the name,address,and social security number of each such worker,his or her correct classification,hourly rates contracting officer shall refer the questions,including the of wages paid(including rates of contributions or costs views of all interested parties and the recommendation of the anticipated for bona fide fringe benefits or cash equivalents contracting officer,to the Wage and Hour Administrator for thereof of the types described in section 1(b)(2)(B)of the determination.The Wage and Hour Administrator,or an authorized representative,will issue a determination within Davis-Bacon Act),daily and weekly number of hours worked, deduc 30 days of receipt and so advise the contracting officer or Sretary made and actual wages paid.Whenever the will notify the contracting officer within the 30-day period that Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that additional time is necessary. the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis- (4)The wage rate(including fringe benefits where Bacon Act,the contractor shall maintain records which show appropriate)determined pursuant to paragraphs 1.b.(2)or that the commitment to provide such benefits is enforceable, 1.b.(3)of this section,shall be paid to all workers performing that the plan or program is financially responsible,and that the work in the classification under this contract from the first plan or program has been communicated in writing to the i day on which work is performed in the classification. laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such c.whenever the wage rate prescribed in benefits.Contractors employing apprentices or trainees under contract for a class minimumf urers or rat prosanics includes thea fringe approved programs shall maintain written evidence of the benefit which is not expressed as an hourly rate,the contractor uite registration roamppree registrpation programs the and ce of shall either pay the benefit as stated in the wage determination trainee programs,the re rid wage ratesof resrentices and or shall pay another bona fide fringe benefit or an hourly cash trainees,and the ratios and wage prescribed in the applicable programs. equivalent thereof. b.(1)The contractor shall submit weekly for each week in d.If the contractor does not make payments to a trustee oro o other third person,the contractor may consider as part of the which e any contract work iThe armed s submitted opy f all pa ett out wages of any laborer or mechanic the amount of any costs accthe coneactind comncet The payrolls information shall set oue t reasonably anticipated in providing bona fide fringe benefits maintained naiy and com29 pletely CtFR all(aof the required that social under a plan or program,Provided,That the Secretary of secrity rs CFR e.addres Ie except that included Labor has found,upon the written request of the contractor, security numbers and home addresses pas shall not b only eedto weekly transmittals. Instead the payrolls shall need to that the applicable standards of the Davis-Bacon Act have include an individually identifying number for each employee been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of e.g. ,the last four required efts of l employee's o security obligations under the plan or program. nubbins The any ewsekly Optional payioll information Form VV may be submitted in form desired. Form WH-347 is available for this purpose from the Wage and Hour Division 2. Withholding Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm October 31, 2013 7 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS or its successor site.The prime contractor is responsible for the State DOT,take such action as may be necessary to the submission of copies of payrolls by all subcontractors. cause the suspension of any further payment,advance,or Contractors and subcontractors shall maintain the full social guarantee of funds.Furthermore,failure to submit the required security number and current address of each covered worker, records upon request or to make such records available may and shall provide them upon request to the contracting agency be grounds for debarment action pursuant to 29 CFR 5.12. for transmission to the State DOT,the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an 4. Apprentices and trainees investigation or audit of compliance with prevailing wage requirements.It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and a.Apprentices(programs of the USDOL). social security numbers to the prime contractor for its own records,without weekly submission to the contracting agency.. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are (2)Each payroll submitted shall be accompanied by a employed pursuant to and individually registered in a bona fide "Statement of Compliance,"signed by the contractor or apprenticeship program registered with the U.S.Department of subcontractor or his or her agent who pays or supervises the Labor,Employment and Training Administration,Office of payment of the persons employed under the contract and shall Apprenticeship Training,Employer and Labor Services,or with certify the following: a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary (i)That the payroll for the payroll period contains the employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but information required to be provided under§5.5(a)(3)(ii)of Regulations,29 CFR part 5,the appropriate information is who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State being maintained under§5.5(a)(3)(i)of Regulations.29 Apprenticeship Agency(where appropriate)to be eligible for CFR part 5,and that such information is correct and probationary employment as an apprentice. complete; The allowable ratio of apprentices to journeymen on the job (ii)That each laborer or mechanic(including each site in any craft helper,apprentice,and trainee)employed on the contract classification shall not be greater than the ratio permitted to the contractor as to the entire work force under during the payroll period has been paid the full weekly wages the registered program.Any worker listed on a payroll at an earned,without rebate,either directly or indirectly, and that no deductions have been made either directly or apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR applicable wage rate on the wage determination for the part 3; classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not (iii)That each laborer or mechanic has been paid not less than the applicable wage rate on the wage determination less than the applicable wage rates and fringe benefits or for the work actually performed.Where a contractor is cash equivalents for the classification of work performed, performing construction on a project in a locality other than as specified in the applicable wage determination that in which its program is registered,the ratios and wage incorporated into the contract. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. (3)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Every apprentice must be paid at not less than the rate "Statement of Compliance"required by paragraph 3.b.(2)of specified in the registered program for the apprentice's level of this section. progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. (4)The falsification of any of the above certifications may Apprentices shall be paid hinge benefits in accordance with subject the contractor or subcontractor to civil or criminal the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits, prosecution under section 1001 of title 18 and section 231 of apprentices must be paid the full amount of hinge benefits life 31 of the United States Code. listed on the wage determination for the applicable classification.If the Administrator determines that a different c.The contractor or subcontractor shall make the records practice prevails for the applicable apprentice classification, required under paragraph 3.a.of this section available for fringes shall be paid in accordance with that determination. inspection,copying,or transcription by authorized representatives of the contracting agency,the State DOT,the In the event the Office of Apprenticeship Training, Employer FHWA, or the Department of Labor,and shall permit such and Labor Services,or a State Apprenticeship Agency representatives to interview employees during working hours recognized by the Office,withdraws approval of an on the job.If the contractor or subcontractor fails to submit the apprenticeship program,the contractor will no longer be required records or to make them available,the FHWA may, permitted to utilize apprentices at less than the applicable after written notice to the contractor,the contracting agency or October 31, 2013 8 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable journeymen shall not be greater than permitted by the terms of program is approved. the particular program. b.Trainees(programs of the USDOL). 5.Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part Except as provided in 29 CFR 5.16,trainees will not be 3,which are incorporated by reference in this contract. permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 6.Subcontracts. The contractor or subcontractor shall insert individually registered in a program which has received prior Form FHWA-1273 in any subcontracts and also require the approval,evidenced by formal certification by the U.S. subcontractors to include Form FHWA-1273 in any lower tier Department of Labor,Employment and Training subcontracts.The prime contractor shall be responsible for the Administration. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the 7.Contract termination:debarment A breach of the Employment and Training Administration. contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate 8.Compliance with Davis-Bacon and Related Act specified in the applicable wage determination.Trainees shall requirements. All rulings and interpretations of the Davis- be paid fringe benefits in accordance with the provisions of the Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 trainee program.If the trainee program does not mention are herein incorporated by reference in this contract. fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the 9.Disputes concerning labor standards.Disputes arising Administrator of the Wage and Hour Division determines that out of the labor standards provisions of this contract shall not there is an apprenticeship program associated with the be subject to the general disputes clause of this contract.Such corresponding journeyman wage rate on the wage disputes shall be resolved in accordance with the procedures dete rmination which provides for less than full fringe benefits of the Department of Labor set forth in 29 CFR parts 5,6,and for apprentices.Any employee listed on the payroll at a trainee 7. Disputes within the meaning of this clause include disputes rate who is not registered and participating in a training plan between the contractor(or any of its subcontractors)and the approved by the Employment and Training Administration shall contracting agency,the U.S.Department of Labor,or the be paid not less than the applicable wage rate on the wage employees or their representatives. determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program 10.Certification of eligibility. shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. a.By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an In the event the Employment and Training Administration interest in the contractor's firm is a person or firm ineligible to withdraws approval of a training program,the contractor will no be awarded Government contracts by virtue of section 3(a)of longer be permitted to utilize trainees at less than the the Davis-Bacon Act or 29 CFR 5.12(a)(1). applicable predetermined rate for the work performed until an acceptable program is approved. b-No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue c.Equal employment opportunity.The utilization of of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity c.The penalty for making false statements is prescribed in the requirements of Executive Order 11246,as amended,and 29 U.S.Criminal Code, 16 U.S.C. 1001. CFR part 30. d. Apprentices and Trainees(programs of the U.S.DOT). V. CONTRACT WORK HOURS AND SAFETY Apprentices and trainees working under apprenticeship and STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection The following clauses apply to any Federal-aid construction with Federal-aid highway construction programs are not contract in an amount in excess of$100,000 and subject to the subject to the requirements of paragraph 4 of this Section IV. overtime provisions of the Contract Work Hours and Safety The straight time hourly wage rates for apprentices and Standards Act.These clauses shall be inserted in addition to trainees under such programs will be established by the the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As particular programs.The ratio of apprentices and trainees to October 31, 2013 9 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS used in this paragraph,the terms laborers and mechanics include watchmen and guards. 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a I.Overtime requirements. No contractor or subcontractor greater percentage if specified elsewhere in the contract)of contracting for any part of the contract work which may require the total original contract price,excluding any specialty items designated by the contracting agency. Specialty items may be or involve the employment of laborers or mechanics shall performed by subcontract and the amount of any such require or permit any such laborer or mechanic in any workweek specialty items performed may be deducted from the total in which he or she is employed on such work to work in excess of forty hours in such workweek unless such original contract price before computing the amount of work laborer or mechanic receives compensation at a rate not less required to be performed by the contractor's own organization than one and one-half times the basic rate of pay for all hours (23 CFR 635.116). worked in excess of forty hours in such workweek. a. The term"perform work with its own organization"refers to workers employed or leased by the prime contractor,and 2.Violation;liability for unpaid wages;liquidated equipment owned or rented by the prime contractor,with or damages. In the event of any violation of the clause set forth without operators. Such term does not include employees or in paragraph(1.)of this section,the contractor and any equipment of a subcontractor or lower tier subcontractor, subcontractor responsible therefor shall be liable for the agents of the prime contractor,or any other assignees. The unpaid wages.In addition,such contractor and subcontractor term may include payments for the costs of hiring leased shall be liable to the United States(in the case of work done employees from an employee leasing firm meeting all relevant under contract for the District of Columbia or a territory,to such Federal and State regulatory requirements. Leased District or to such territory),for liquidated damages.Such employees may only be included in this term if the prime liquidated damages shall be computed with respect to each contractor meets all of the following conditions: individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in (1)the prime contractor maintains control over the paragraph(1.)of this section,in the sum of$10 for each supervision of the day-to-day activities of the leased calendar day on which such individual was required or employees; permitted to work in excess of the standard workweek of forty (2)the prime contractor remains responsible for the quality hours without payment of the overtime wages required by the of the work of the leased employees; clause set forth in paragraph(1.)of this section. (3)the prime contractor retains all power to accept or exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.WlNholding for unpaid wages and liquidated damages. mm The FHWA or the contacting agency shall upon its own action the submission payment of predetermined,statements sif compliance the or upon written request of an authorized representative of the other Fede alo regulatory payrollo, requirements. of and all Department of Labor withhold or cause to be withheld,from other Federal requirements. any moneys payable on account of work performed by the b."Specialty Items"shall be construed to be limited to work contractor or subcontractor under any such contract or any that requires highly specialized knowledge,abilities,or other Federal contract with the same prime contractor,or anyf other federally-assisted contract subject to the Contract Work not qualified ordifedla and expectedable in the type p o ose on g Hours and Safety Standards Act,which is held by the same coorganizationsataae to bid limitedr propose the prime contractor,such sums as may be determined to be compact nts a whole and in l general are to be to minor necessary to satisfy any liabilities of such contractor or components of the overall contract. subcontractor for unpaid wages and liquidated damages as 2.The contract amount upon which the requirements set forth provided in the clause set forth in paragraph(2.)of this in paragraph(1)of Section VI is computed includes the cost of section. material and manufactured products which are to be purchased or produced by the contractor under the contract 4.Subcontracts. The contractor or subcontractor shall insert provisions. in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the 3.The contractor shall furnish(a)a competent superintendent subcontractors to include these clauses in any lower tier or supervisor who is employed by the firm,has full authority to subcontracts.The prime contractor shall be responsible for direct performance of the work in accordance with the contract compliance by any subcontractor or lower tier subcontractor requirements,and is in charge of all construction operations with the clauses set forth in paragraphs(1.)through(4.)of this (regardless of who performs the work)and(b)such other of its section. own organizational resources(supervision,management,and engineering services)as the contracting officer determines is necessary to assure the performance of the contract. 4.No portion of the contract shall be sublet,assigned or otherwise disposed of except with the written consent of the VI.SUBLETTING OR ASSIGNING THE CONTRACT contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the This provision is applicable to all Federal-aid construction contractor of any responsibility for the fulfillment of the contracts pros i the plica Highway System. contract. Written consent will be given only after the contracting agency has assured that each subcontract is • October 31, 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions places where it is readily available to all persons concerned and requirements of the prime contract. with the project: 5.The 30%self-performance requirement of paragraph(1)is not applicable to design-build contracts;however,contracting 18 U.S.C. 1020 reads as follows: agencies may establish their own self-performance requirements. "Whoever,being an officer,agent,or employee of the United States,or of any State or Territory,or whoever,whether a person,association,firm,or corporation,knowingly makes any VII.SAFETY:ACCIDENT PREVENTION false statement,false representation,or false report as to the character,quality,quantity,or cost of the material used or to This provision is applicable to all Federal-aid construction be used,or the quantity or quality of the work performed or to contracts and to all related subcontracts. be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs 1. In the performance of this contract the contractor shall of construction on any highway or related project submitted for comply with all applicable Federal,State,and local laws approval to the Secretary of Transportation;or goveming safety,health,and sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and Whoever knowingly makes any false statement,false protective equipment and take any other needed actions as it representation,false report or false claim with respect to the determines,or as the contracting officer may determine,to be character,quality,quantity,or cost of any work performed or to reasonably necessary to protect the life and health of be performed,or materials furnished or to be furnished,in employees on the job and the safety of the public and to connection with the construction of any highway or related protect property in connection with the performance of the project approved by the Secretary of Transportation;or work covered by the contract. Whoever knowingly makes any false statement or false 2. It is a condition of this contract,and shall be made a representation as to material fact in any statement,certificate, condition of each subcontract,which the contractor enters into or report submitted pursuant to provisions of the Federal-aid pursuant to this contract,that the contractor and any Roads Act approved July 1,1916,(39 Stat.355),as amended subcontractor shall not permit any employee,in performance and supplemented; of the contract,to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her Shall be fined under this title or imprisoned not more than 5 health or safety,as determined under construction safety and years or both." health standards(29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative This provision is applicable to all Federal-aid construction thereof,shall have right of entry to any site of contract contracts and to all related subcontracts. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry By submission of this bid/proposal or the execution of this out the duties of the Secretary under Section 107 of the contract,or subcontract,as appropriate,the bidder,proposer, Contract Work Hours and Safety Standards Act(40 Federal-aid construction contractor,or subcontractor,as U.S.C.3704). appropriate,will be deemed to have stipulated as follows: 1.That any person who is or will be utilized in the VIII.FALSE STATEMENTS CONCERNING HIGHWAY performance of this contract is not prohibited from receiving an PROJECTS award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. This provision is applicable to all Federal-aid construction 2.That the contractor agrees to include or cause to be contracts and to all related subcontracts. included the requirements of paragraph(1)of this Section X in every subcontract,and further agrees to take such action as In order to assure high quality and durable construction in the contracting agency may direct as a means of enforcing conformity with approved plans and specifications and a high such requirements. degree of reliability on statements and representations made by engineers,contractors,suppliers,and workers on Federal- aid highway projects,it is essential that all persons concerned X.CERTIFICATION REGARDING DEBARMENT, with the project perform their functions as carefully,thoroughly, SUSPENSION,INELIGIBILITY AND VOLUNTARY and honestly as possible. Willful falsification,distortion,or EXCLUSION misrepresentation with respect to any facts related to the P P project is a violation of Federal law. To prevent any This provision is applicable to all Federal-aid construction misunderstanding regarding the seriousness of these and contracts,design-build contracts,subcontracts,lower-tier similar acts,Form FHWA-1022 shall be posted on each subcontracts,purchase orders,lease agreements,consultant Federal-aid highway project(23 CFR 635)in one or more contracts or any other covered transaction requiring FHWA October 31,2013 11 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS approval or that is estimated to cost$25,000 or more— as into this covered transaction,without modification,in all lower defined in 2 CFR Parts 180 and 1200. tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. h.A participant in a covered transaction may rely upon a 1.Instructions for Certification—First Tier Participants: certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or a.By signing and submitting this proposal,the prospective voluntarily excluded from the covered transaction,unless it first tier participant is providing the certification set out below. knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, b.The inability of a person to provide the certification set out debarred,or otherwise ineligible to participate in covered below will not necessarily result in denial of participation in this transactions. To verify the eligibility of its principals,as well as covered transaction.The prospective first tier participant shall the eligibility of any lower tier prospective participants,each submit an explanation of why it cannot provide the certification participant may,but is not required to,check the Excluded set out below.The certification or explanation will be Parties List System website(https://www.eols.dov/),which is considered in connection with the department or agency's compiled by the General Services Administration. determination whether to enter into this transaction.However, failure of the prospective first tier participant to fumish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter into this transaction.If it is later determined that the prospective participant knowingly rendered j.Except for transactions authorized under paragraph(f)of an erroneous certification,in addition to other remedies these instructions,if a participant in a covered transaction available to the Federal Government,the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to d.The prospective first tier participant shall provide other remedies available to the Federal Government,the immediate written notice to the contracting agency to whom department or agency may terminate this transaction for cause this proposal is submitted if any time the prospective first tier or default. participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2. Certification Regarding Debarment,Suspension, e.The terms"covered transaction,""debarred," Ineligibility and Voluntary Exclusion—First Tier "suspended,""ineligible,""participant,""person," "principal," Participants: and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered a. The prospective first tier participant certifies to the best of Transactions"refers to any covered transaction between a its knowledge and belief,that it and its principals: grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered (1) Are not presently debarred,suspended,proposed for Transactions"refers to any covered transaction under a First debarment,declared ineligible,or voluntarily excluded from Tier Covered Transaction(such as subcontracts). "First Tier participating in covered transactions by any Federal Participant"refers to the participant who has entered into a department or agency; covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier (2) Have not within a three-year period preceding this Participant"refers any participant who has entered into a proposal been convicted of or had a civil judgment rendered covered transaction with a First Tier Participant or other Lower against them for commission of fraud or a criminal offense in Tier Participants(such as subcontractors and suppliers). connection with obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction or contract under f.The prospective first tier participant agrees by submitting a public transaction;violation of Federal or State antitrust this proposal that,should the proposed covered transaction be statutes or commission of embezzlement,theft,forgery, entered into,it shall not knowingly enter into any lower tier bribery,falsification or destruction of records,making false covered transaction with a person who is debarred, statements,or receiving stolen property; suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by (3) Are not presently indicted for or otherwise criminally or the department or agency entering into this transaction. civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in g.The prospective first tier participant further agrees by paragraph(a)(2)of this certification;and submitting this proposal that it will include the clause titled "Certification Regarding Debarment,Suspension,Ineligibility (4) Have not within a three-year period preceding this and Voluntary Exclusion-Lower Tier Covered Transactions," application/proposal had one or more public transactions- provided by the department or contracting agency,entering (Federal,State or local)terminated for cause or default. October 31, 2013 12 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS g.A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or participant shall attach an explanation to this proposal. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is 2.Instructions for Certification-Lower Tier Participants: responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered (Applicable to all subcontracts,purchase orders and other transactions. To verify the eligibility of its principals,as well as lower tier transactions requiring prior FHWA approval or the eligibility of any lower tier prospective participants,each estimated to cost$25,000 or more-2 CFR Parts 180 and participant may,but is not required to,check the Excluded 1200) Parties List System website(httos://www.eois.Aovt),which is compiled by the General Services Administration. a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render b.The certification in this clause is a material representation in good faith the certification required by this clause.The of fact upon which reliance was placed when this transaction knowledge and information of participant is not required to was entered into. If it is later determined that the prospective exceed that which is normally possessed by a prudent person lower tier participant knowingly rendered an erroneous in the ordinary course of business dealings. certification,in addition to other remedies available to the Federal Government,the department,or agency with which i.Except for transactions authorized under paragraph e of this transaction originated may pursue available remedies, these instructions,if a participant in a covered transaction including suspension and/or debarment. knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily c.The prospective lower tier participant shall provide excluded from participation in this transaction,in addition to immediate written notice to the person to which this proposal is other remedies available to the Federal Government,the submitted if at any time the prospective lower tier participant department or agency with which this transaction originated learns that its certification was erroneous by reason of may pursue available remedies,including suspension and/or changed circumstances. debarment. d.The terms"covered transaction,""debarred," "suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined Certification Regarding Debarment,Suspension, in 2 CFR Parts 180 and 1200. You may contact the person to Ineligibility and Voluntary Exclusion—Lower Tier which this proposal is submitted for assistance in obtaining a Participants: copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or 1.The prospective lower tier participant certifies,by subgrantee of Federal funds and a participant(such as the submission of this proposal,that neither it nor its principals is prime or general contract). "Lower Tier Covered Transactions" presently debarred,suspended,proposed for debarment, refers to any covered transaction under a First Tier Covered declared ineligible,or voluntarily excluded from participating in Transaction(such as subcontracts). "First Tier Participant" covered transactions by any Federal department or agency. refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds 2.Where the prospective lower tier participant is unable to (such as the prime or general contractor). "Lower Tier certify to any of the statements in this certification,such Participant"refers any participant who has entered into a prospective participant shall attach an explanation to this covered transaction with a First Tier Participant or other Lower proposal. Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered Xl.CERTIFICATION REGARDING USE OF CONTRACT transaction be entered into,it shall not knowingly enter into FUNDS FOR LOBBYING any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily This provision is applicable to all Federal-aid construction excluded from participation in this covered transaction,unless contracts and to all related subcontracts which exceed authorized by the department or agency with which this $100,000(49 CFR 20). transaction originated. 1.The prospective participant certifies,by signing and f.The prospective lower tier participant further agrees by submitting this bid or proposal,to the best of his or her submitting this proposal that it will include this clause titled knowledge and belief,that: "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," a.No Federal appropriated funds have been paid or will be without modification,in all lower tier covered transactions and paid,by or on behalf of the undersigned,to any person for in all solicitations for lower tier covered transactions exceeding influencing or attempting to influence an officer or employee of the$25,000 threshold. any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of October 31, 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than 8100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. • October 31, 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS ATTACHMENT A-EMPLOYMENT AND MATERIALS use of mineral resource materials native to the Appalachian PREFERENCE FOR APPALACHIAN DEVELOPMENT region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 6.The contractor shall include the provisions of Sections I This provision is applicable to all Federal-aid projects funded through 4 of this Attachment A in every subcontract for work under the Appalachian Regional Development Act of 1965. which is,or reasonably may be,done as on-site work. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(lc)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(lc) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the MEMORANDUM •a‘amiss. i Date: June 11, 2014 c o U N T Y To: Trevor Jiricek, Director of General Services From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1400085 BOCC Approval Date June 16, 2014 Bids were received and opened on May 29, 2014 for contracted construction of WCR 49/SH 34 Intersection Improvements. Six bids were received ranging from $2,237,272.33 to $2,653,366.15 with the lowest bid submitted by Lawson Construction Company from Longmont, Colorado. My Engineer's Estimate for this work was $1,774,101.25. Weld County will be receiving a CDOT RAMP Grant in the amount of$1,500,000.00 associated with this construction project. The submitted bids have been reviewed for errors and completeness. No errors or discrepancies were apparent. The bid tabulation has been submitted for your information. It is my recommendation to award the construction contract to Lawson Construction Company for a total amount of $2,237,272.33. Lawson is a large heavy-highway general contractor which has completed multiple transportation projects in Northern Colorado, and they are well qualified for this project. If this bid is approved by the BOCC on June 16th and I have received concurrence to award from CDOT by that same date, construction will commence approximately June 30`h. 4 a©ry /64 ' Eg 7D WELD COUNTY PURCHASING X 1 1150 O Street Room #107, Greeley CO 80631 r _ E-mail: mwaltersaco.weld.co.us E-mail: reverett(a�co.weld.co.us LN r Phone: (970) 356-4000, Ext 4222 or 4223 c O u N T Y Fax: (970) 336-7226 DATE OF BID: MAY 29th, 2014 REQUEST FOR: WCR 49/SH 34 INTERSECTION IMPROVEMENTS DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61400085 PRESENT DATE: JUNE 2, 2014 APPROVAL DATE: JUNE 16, 2014 TOTAL VENDORS PROJECT COST LAWSON CONSTRUCTION COMPANY $2,237,272.33 P O BOX 1318 LONGMONT CO 80502 CONCRETE WORKS OF COLORADO INC $2,279,200.00 1260 ROCK CREEK CIRCLE LAFAYETTE CO 80026 J-2 CONTRACITNG COMPANY $2,299,213.90 P O BOX 129 GREELEY CO 80632 SCOTT CONTRACTING INC $2,365,158.80 9600 EAST 104TH AVE HENDERSON CO 80640 INTERSTATE HIGHWAY CONSTRUCTION INC $2,528,576.50 P O BOX 4356 ENGLEWOOD CO 80155 CASTLE ROCK CONSTRUCTION OF $2,653,366.15 COLORADO INC 6374 SOUTH RACINE CIRCLE CENTENNIAL CO 80111 *THE ENGINEER'S ESTIMATE WAS $1,774,101.25 THE PUBLIC WORKS DEPT IS REVIEWINGTHE BIDS AT THIS TIME. 2014-1642 64 FE Joe 7O 0 h o o p o 0 0 0 0 0 0 0 0 0 0 0 0 0 o O J O co co r N co p p o in 0 co ', co mn co co co O O O O o O O O O O O O a F b O coco N O a O O b b O o o b GO o N co O 0 0 0 O o tn 1L 0 co. 0 P O O .. m _S V, N- N00 o o 0 o o c o rn v m �. 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