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HomeMy WebLinkAbout2014-052-07/01/2014-AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH THE COLORADO DEPARTMENT OF TRANSEORTATION RESOLUTION 2014-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT - CONIFER TO WILLOX WHEREAS, the North College Improvements Project— Conifer to Willox (the "Project") was authorized by the City Council with the goal of supporting economic viability in the Project area by improving the infrastructure and safety of the North College Avenue Corridor while minimizing impacts to existing property owners in the Project area; and WHEREAS, the Project is consistent with the adopted long-term plans for the area, including the North College Corridor Plan and City Plan; and WHEREAS, the Project addresses its goals through the design and construction of multi- modal improvements, urban design features, the consolidation and definition of accesses and other improvements that support existing businesses and encourage redevelopment; and WHEREAS, in 2012, the North Front Range Metropolitan Planning Organization (NFRMPO) awarded the City federal funds to pursue the Project, but, at the time, due to the phasing of the Project, only a portion of the funding was needed by the City; and WHEREAS, the balance of the funding is now needed and has become available to support the balance of the NFRMPO funds offered for the present phase of the Project.; and WHEREAS, in 2013, the City entered into a partnership with the Colorado Department of Transportation ("CDOT") in seeking Responsible Acceleration of Maintenance and Partnerships (RAMP) program funds in the amount of$3,894,000 upon the provision by the City of local matching funds in the amount of$4,372,000, and local matching funds in support of the NFRMPO funds in' the amount of $666,859, all of which funds have heretofore been appropriated by the City Council; and WHEREAS, following significant public outreach and the involvement of the NFRMPO and the City's Transportation Board, the City Council has determined that the amendment to the intergovernmental agreement between CDOT and the City for the Project is in the best interests of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute a contract amendment with CDOT for the North College Improvements Project — Conifer to Willox, for the purpose of expending $11,866,859 in furtherance of the Project, of which amount $2,934,000 constitutes funds made available to the City from the NFRMPO, and $3,894,000 constitutes funds made available to the City in RAMP funds, with respective local matching shares in the amount of $666,859 and $4,372,000. The contract amendment shall be in substantially the form attached hereto as Exhibit "A", subject to such minor modifications as the City Manager, in consultation _ 1 _ with the City Attorney, may determine to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed•and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of July, A.D. 2014. M or S ATTEST: r ORT„C0 F City Clerk cOL O RP�O - 2 - EXHIBIT A Amendment#:1 Original Contract Routing# 12 HA4 38760 Project#: ,STE M455-106(18401) Amendment Routing#: 14 HA4 70337 Project Name: US 287,Conifer to W illox ID#471000460/471000143/271001674 CONTRACT AMENDMENT 1. PARTIES This Amendment to the above-reterenced Original Contract(hereinafter called the Contract)is entered into by and between City of Fort Collins(hereinafter called"Contractor"),and the STATE OF COLORADO (hereinafter called the"State")acting by and through the Department of Transportation,(hereinafter called "CDOT'). 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee(hereinafter called the"Effective Date'). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including,but not limited to,costs or expenses incurred,m be bound by any provision hereof prior to the Effective Date. 3. FACTUAL RECITALS The Panics entered the Contract for the mullimodal improvements,roadway and drainage improvements and landscaping on North College Avenue from Conifer to Willox. The Parties now desire to: a) Increase the Total Budgeted Funds by adding S10,114,378.00 primarily due to the addition of RAMP (Responsible Acceleration of Maintenance and Partnerships)funds by replacing Exhibit C with Exhibit C-1 b) Update the Option Letter Modification Tool by revising Section 7 and replacing Exhibit D with Exhibit D-I c) Update Exhibit A(Scope of Work)by replacing it with Exhibit A-I d) Update Exhibit E(Local Agency Contract Administration Checklist)by replacing it with Exhibit E-1 e) Revise Section 22(Federal Requirements)with the following language: The Local Agency and/or their contractors,subcontractors,and consultants shall at all times during the execution of this Agreement strictly adhere to,and comply with,all applicable federal and state laws, and their implementing regulations,as they currently exist and may hereafter be amended. t) Update Exhibit I (Federal-Aid Contract Provisions)with Exhibit I-I g) Update Exhibit K(Supplemental Federal Provisions)with Exhibit K-L 4. CONSIDERATION The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. 5. LIMITS OF EFFECT. This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments thereto, if any,remain in full force and effect except as specifically modified herein. 6. MODIFICATIONS. The Amendment and all prior amendments thereto,if any,are modified as follows: a) Exhibit C of the Contract shall be deleted in its entirety and replaced by Exhibit C-1,attached hereto b) Section 7 of the Contract shall be deleted in its entirety and replaced by the following: 7. OPTION LETTER MODIFICATION An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds,increase or decrease the encumberance amount as shown on Exhibit C,and/or tranfer funds from one phase to another.Option letter modification is limited to the specific scenarios listed below.The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Document Builder Generated Page I of 4 A. Option to begin a phase and/or increase or decrease the encumberance amount The State may authorize the Local Agency to begin a phase that may include Design,Construction, Environmental,Utilities,ROW Incidentals or Miscellaneous(this does not apply to Acquisition/Relocation or Railroads)as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement,with the total budgeted funds as shown on Exhibit C remaining the same.The State may increase or decrease the encumbrance amount for a particular phase by replacing the original finding exhibit(Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2,C-3,etc).The State may exercise this option by providing a fully executed option to the Local Agency within thirty(30)days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If(he State exercises this option,the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase The State may permit the Local Agency to transfer funds from one phase(Design,Construction, Environmental,Utilities, ROW Incidentals or Miscellaneous)to another as a result of changes to state, federal,and local match.The original funding exhibit(Exhibit C)in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit CA shall be labled C-2,C-3,etc.) and attached to the option letter.The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty(30)days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D.Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99%of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer exceeding 24.99%of the original dollar amount of the phase affected by the increase or decrease. C. Option to do both Options A and B The Stale may authorize the Local Agency to begin a phase as detailed in Exhibit A,and encumber and transfer funds from one phase to another. The original funding exhibit(Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2,C-3,etc.)and attached to the option letter.The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty(30)days before the initial targeted start date of the phase,in a form substantially equivalent to Exhibit D. c) Exhibit D(Sample Option Letter)of the Contract,shall be deleted in its entirety and replace with Exhibit D-1,attached hereto 'd) Exhibit A(Scope of Work)of the Contract shall be deleted in its entirety and replaced by Exhibit A-L attached hereto e) Exhibit 1, (Local Agency Contract Administration Checklist)of the Contract shall be deleted in its entirety and replaced with Exhibit E-1,attached hereto f) Section 22(Federal Requirements)of the Contract shall be deleted in its entirety and replaced with the following: The Local Agency and/or their contractors, subcontractors,and consultants shall at all limes during the execution of this Agreement strictly adhere to,and comply with,all applicable federal and state laws, and their implementing regulations,as they currently exist and may hereafter be amended. g) Exhibit I(Federal-Aid Contract Provisions)of the Contract shall be deleted in its entirety and replaced with Exhibit I-1,attached hereto h) Update Exhibit K(Supplemental Federal Provisions)of the Contract shall be deleted in its entirety and replaced with Exhibit K-1,attached hereto. 7. START DATE This Amendment shall take effect upon the date of the State Controller's Signature. Document Builder Generated Page 2 of 8. ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict,inconsistency, variance,m contradiction between the provisions of this Amendment and any of the provisions of the Contract,the provisions of this Amendment shall in all respects supersede, govern,and control.The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9. AVAILABLE FUNDS Financial obligations of the state payable after the ctment fiscal year are contingent upon funds for that purpose being appropriated,budgeted,or otherwise made available. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Document Builder Generated Page 3 of 4 SIGNATURE PAGE Agreement Routing Number 14 HA4 970337 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO City of Fort Collins John W.Hickenlooper,GOVERNOR By: Colorado Department of Transportation Title: Donald E.Hunt,Executive Director *Signature By:Scott McDaniel,Chief Engineer Date: Date: 2nd The Local Agency Signature if Needed By: Title: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate.The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros,CPA,MBA,JD By: Colorado Department of Transportation Date: Document Builder Generated Page 4 of 4 30. EXHIBIT C-1 — FUNDING PROVISIONS Cost of Work Estimate The Local Agency has estimated the total cost the Work, which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds (82.79% of Participating Costs) $1,582,000.00 (80% of Participating Costs) $1,352,000.00 (47.11% of Participating Costs— RAMP) $3,894,000.00 Total Federal Funds $6,828,000.00 b. Local Agency Matching Funds (17.21% of Participating Costs) $328,859.00 (20% of Participating Costs) $338,000.00 (52.89% of Participating Costs - RAMP) $4,372,000.00 Total Local Agency Matching Funds $5,038,859.00 TOTAL BUDGETED FUNDS $11,866,859.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 (0% of Participating Costs) b. Local Agency Local Agency Share of Participating Costs $0.00 Non-Participating Costs (Including Non- Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1a) $6,828,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $6,828,000.00 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $0.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $0.00 NOTE. Only the Design funds are currently available; the Construction funding will become available after federal authorization and execution of an Option Letter(Exhibit D). WBS Element 18401.10.30 Design 3020 1 $1,752,481.00 WBS Element 18401.10.10 ROW 3114 $0.00 WBS Element 18401.20.10 Const 3301 $0.00 Page I of 2 Matching Funds The matching ratio for the federal participating funds for this Work is 47.11% to 82.79% federal-aid funds (CFDA #20.205)to 17.21% to 52.89% Local Agency funds, it being understood that such ratio applies only to the $11,866,859.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $11,866,859.00, and additional federal funds are made available for the Work, the Local Agency shall pay 17.21%, 20% or 47.11% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $11,866,859.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $6,828,000.00 (For CDOT accounting purposes, the federal funds of $6,828,000.00 and the Local Agency matching funds of$4,793,859.00 will be encumbered for a total encumbrance of$11,866,859.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. NOTE: Only the Design funds are currently available; the Construction funding will become available after federal authorization and execution of an Option Letter (Exhibit D). It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The•Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $500,000 If the Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding $500,000-Highway Funds Only If the Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding $500,000-Multiple Funding Sources If the Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NIPS, etc.) then the Single Audit Act applies,which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Page 2 of 2 31. EXHIBIT D-1 —OPTION LETTER SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for CDOT use only) NOTE. This option is limited to the specific contract scenarios listed below AND may be used in place of exercising a formal amendment. Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing # O tion Letter SAP # Original Contract CMS # Original Contract SAP# Vendor name: SUBJECT: B. Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). C. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). D. Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). REQUIRED PROVISIONS: Option A (Insert the following language for use with the Option A): In accordance with the terms of the original Agreement (insert CMS routing#of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply—Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for(Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be tabled as follows: C-2, C-3, C-4, etc.). Option B (Insert the following language for use with Option B): In accordance with the terms of the original Agreement (insert CMS #of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.;and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using an formal amendment).. Page 1 of 2 Option C (Insert the following language for use with Option C): In accordance with the terms of the original Agreement (insert CMS routing#of original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply—Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3)to transfer funds from (describe phase from which funds will be moved)to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option:future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C- 4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using an formal amendment). (The following language must be included on ALL options): The total encumberance as a result of this option and all previous options and/or amendments is now (insert total encumberance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original Agreement. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto,the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: Date: Form Updated:December 19,2012 Page 2 of 2 28. EXHIBIT A-1 - SCOPE OF WORK COLORMO DFJARTILNT OF TRANSPORTATION Onp Otle:01r2laolI Nv oCoda A('YI:19401 STIPS'.SNF5094 DESIGN DATA Ra 0ae: Prgana STE Md5S1p6 pegscn O.0 PE NcjoI Coo: PSPtb3 Repm f:0q vrgct Oewlpom:U5287:Cmitw to Wilco S.W.. © PrellMnary fjj Final ❑ Revised Lounry:069 Subnmae By PM:TVTTLET Aedrpvsd by Pregem Enpnaa: Dab', Munimpalay Fart Collins as Co .N-NHS Non-Inlerstele ' Paxzsd try' O.an IB:FEsem Dsb: Ponm LeniFh 1_000 Geeprralvc Luso o NORTH COLLEGE AVE:CONIFER TO WILLO%IN FORT COLLINS T wTarso:urban N..Ixm of Ng .coha.,eovinno ,oaa.A maP Na.Mp of bcabml MULTIMODAL IMPROVEMENTS.ROADWAY S DRAINAGE IMP.,LANDSCAPING Pmpct Charactetlstics(Revesad) Medbn(Type): D NPaIoI, @ Famed Ej Rsised u Name nLghb Hand,,Rana F1 T'.ft CUNuI nals N Sbi-n turbsnd Outer ❑ CuroO ❑ Leh IDm Slits ❑ Co..., Wdh- '.l S—w woh.10FT M M—,W.-7FT ti -Tum$Ms Cendnuws NM1Ww Pedn Lana Won- r, Debun Signing Canseuctron Pananem Lanawapnp raRaemmas ldewpaml: E Dau(drenlYn): Seeding,Trees,Shrubs US 267 Cmifar to Wd.Reconatntdim Rlytd a Way Yaamo EM.f UNlltiss(sunamsswit utbyconwia) ROW&Jor Pam.b,onoa Rap(.ed Yes ' Palhsst.Required NO Tohmnary Easement RequirW: YOS Charges In A¢esS YeS Cnargas toCmnamg Rmds: Yes Railroad Crossings aolCrosdrgs: Remmno,hn one: EnNmmnerVal iypa: lypwed On: Pgatl CeY fCband Under: RojaCf Cbaatl UnMr: NMe emmanh' Coordination ❑ WMrdnwn Lmaa(PP.ra 64ba.11.4n.DO Cband ffin h BLM a Fanal Swvice Oft. IrhWtion Ditch Name: N.TnMc 0.dnsnce peWastl I] Modr/1'icNsdle of Enhgnp Ordnann Mcocl san.Fort COIoa ONor: Coamm"Im MethoO Adnr ola, Nall R—son: Firuy/Apany Conan Name: Fhma is None Dev N e Lambrecta 9TO221-6566 Safety Catsldwatlons Aged Under: O .nanhl meat aunam aan.ft. No J Vawn4 a Mnlnam So.,Sanaads Ra .d ❑ Can,pged no al Mmdamls Cdnmemst NO GUarOn ii Whom Prq¢g Unfits ❑ Jusihaem AAachad (7 Rawminba Subnab aedasvd 0ri .monlb rl See Remarks f' S.,Co..,. anemm ]R prgch Ss Eslumm Connioe(dab): Page 1 of 2 P.,2.13 R9•G C.si : Pq ,l: Ro R . 18601 STE Ma55.1% Uew Co n ns 8.C.D enOM E te' M1tt O•C[nMU Mox A•287C B• C• D• E- haRlc Cof-,Yee, AD pIV`b TrucV n Ynr AD F.dry Locnan ❑ InWvle.l ❑ commemml ❑ Inm.ma ❑ Can clw ❑ InNW.1 ❑ Cnmwa•I ❑ 1.M [ ❑ Cemmsra•I jr- 0 a.danrm aaw ❑ R..wnen ❑ Dww C R•aenB.I ❑ omw _'? R•sans•I ❑ omw n R.a tm C aew ' RoaQ yClass Ran 287C R.41 ]R7.695 F..O—ICM1SYaC.Wn P Fad D R.W CPA 2 Design$Iandaftla 5:b+l EnFy Gmpnm nl'.mn+ clyd+l FiLint G,yyNn 4n'+6+ 9.nno E�niM ['nMneG 1nmF+ y,Faa E�4no A(vIW lmmyr £Nn'bm FnIM Tprset l .y D•s V*Os eR ntl s tmdmd Remswa M• dWRRn•In lw cnvmloM1R n vMMnc•wRRCDDTFOM"M DG Wft of Tr•vl lanes n SnounwxMR RbuM1k• N p 81i0uMw wM.a RlwVk N De. W Crms 9 Us. Mm1an T• Mn.R.A Mn.NuimOal MO Mn.VMiCe188D M.,D..tl. D•s BeCMnC rRecgen0sIDCCai dNmsare Rxiert tlwRRn•R1 a.a d.AN Me,M 1n MR T 5•wn T F al TnrN lntl Stl•$IveU:C 1'YI MM.n WMT Pnnl SpooJ Pep 3,03 Prgea Coda HSM', prgetle. Rease Data: 18401 STE M455�1% Major Shmstures S•to vmy,R•to W removed P• ropoad new Sb dure Rllnwpa Sandwd SMlcmn Ssolhpo Hmnmde VaNnY Ymer CO...,.la Lan n Pw+t FrbnlnlenwM YVaan Rrdwa L C4wance CNerence guY P,op Tnambtof&psmRemdnin Rbhmddrr[Wdpnor,cepie",andalsenble surfacingManorial: Remams Tna C[y N Fart Lmkni n n[ponsEM In awP.RCW,envucnmenml umYat,so eaart and canravnen manaPmmt. NOM Cdby knpwnmwrh Prga[t a Lmilerlo NM1br d..The Ctlondd Damrsnnt el Trnspaletpn feLCOih wYlwhzr sum Ley of Got CaNx IeLMI when Ne Layb[Igrh and mnmms tM1e lobng:Noc Ld4ge knppwn+wdv 0.gact a CaniM1 to V.Sbe LHwinellw reknM to r hha xvY/1.CWT end Me City bebve A as be beneldY to perform this wort,because the indent MWOAdo a sigrrM[ent so",indemodtf. Manage and aaCnai upgrade fo a panda of a npxlel choose tlm dcytand av a buN room This anal,and Me btnad abed US 281 alc knmrn as NOMh Case,Aim..,bees.Coastal Stmat end Will.Lane.Thiz oak wY nonlaln Me IdbwAp tamrr §„Oafm4on end cnwidem n of acwsvn §„updame storm ryefem $,Omanet has Items §.Landeeepad Me., §„Sidwrlkz §.,Peumnmht Lnprwemom[ _ §,Upon da[pn aYmens Th. nakM cmbrmb Me"amian weclefed in tom blowing §..Ldaep Competent of Transposition Scandal,Specification[la Heed and&Eps ConYrvcen §..Ladmw Loony Una A ma Scan Standstills §„US R]91 fa Arcass MamguMnl deposit §.N.Cathode Cariav PMn The dedgn phase we kennels man a.M n tokerei cueYx,and attributes br this wY,am an after nmhW to as ham euU wnakal Theeiact k.11 be..mendum rpm os.,(ROVYI and to construct case,"imgwsnents.The ren..,.a phase ofgn contract sbal been as socin as r san m ably ssble alter hie design phew and ROW aswisee phase en oprnpee, p The City anecam[a hie 3gLM1edy 21M consWcpr sod Mile,with canwckion IeNq throw M15 Page 3 of 2 32. EXHIBIT E-1 -LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Reg on STE M455-106 SNF5788033 18401 04 Project Location Date City of Fort Collins I DIV2011 Project Description US287 Conifer to WJlox Local Agency Local Agency Project Manager City of Fort Collins KvIe Lambrecht COOT Resident Engineer COOT Project Manager. Long Nguyen Tim Tuttle INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement The checklist becomes an attachment to the Local Agency agreement.Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. _ The chxkIml shall be prepared by placing an'X"under the responsible party,opposite each of the tasks,The`X•denotes the party responsible tar inhaling and executing me task Only one responsible party should be selected.When neither CDOT nor the Local Agency is responsible for a task,not applicable INA)shall be noted.In addition,a'0'wilt denote that COOT most concur or approve. , Tasks that yell be performed by Headquarters staff ve8 be indicated.The Regions,in accordance with established policies and procedures,wiil determine who will perform all other tasks that are the responsibility of COOT, The checklist shall be prepared by the COOT Resident Engineer or are COOT Project Manager,in cooperation with the Local Agency Project Manager,and submitted to the Region Program Engineer,If contract adatinistration responsibilities change,the COOT Resident Engineer,in cooperation with the Local Agency Project Mana er will prepare and distribute a revised checklist RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT TIP I STIP AND LONG-RANGE PLANS 2-1 FReviePalject to ensure consistency inch STIP and amendments thereto I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Author¢olundogbyphaseslCDOTFamat8-FadembeiaFogmm Data.Remik FH A X cmcunencennvolvement PROJECT DEVELOPMENT 5-1 Prepare Design Data-COOT Form 463 X X 5-2 Pre re Local A enc /CDOT Inter-Govemmental Agreement see also Chapter 3 X 5.3 Conduct Consultant Selection/Execute Consultant Agreement % 0 54 Conduct Design Scalping Revievvrneeling X 5.5 Conduct Public Involvement % 5.6 Conduct Field Inspection Review FIR X % 5-7 Conduct Environmental Processes(may require F"A cmcurrencennvonemenl X X 5-8 Acquire Ri ht-of-Wa Ime r uire F"A concunencehnvdvemenll X 0 5-9 Obtain Utility and Railroad Agreements % &10 Condua Final Office Review FOR % % 5-11 Jusfff,,FonceAacold Work by the Local Agency % 0 5-12 Justify Pro riew .Sole Source.or local Agency Furnished items X 0 5.13 Oocunrent Des' n Exceptions-COOT Form 464 X 0 5.14 Pre are Plans. dicatons and Construction Cost Estimates % 0 5-15 1 Ensure Authorization at Funds for Construction % CDOT Form 12a3 0TOs Pape 1 of a Nervous achlons era obsolete and may not M used Page I of 4 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6-1 Set Underutfbed Disadvantaged Business Enterprise(UBDE)Goals for Consueant and X Construction Contracts(CODT Re bn EEOrCivtl Ri ntsSpecialist) 6.2 Determine Applicability of Days-Bacon Ad This project❑is®is not exempt from DavtsBacon requirements as determined by the X functional classification of the project location(Projects located on local roads and rural minor collectom may be exempt) . Lond Nouyen 1d4f2011 CDOT Resident En ineer S' nature on File Dale 6.3 Set On-me-Job Training Goal.Goal is zero 0 total consVuctbn is lees than$1 mdhon ICDOT X Region EEOArviI Ri Ms eonest 64 1 Tole VA Assurances X 1 Ensure Me correct Federal Wage Decisum,all required Disadvantaged Business _ Enlerprise/OrvlhaJob Training special provisions and FHWA Form 1273 are included in the X f Contract(COOT Resident En neer ADVERTISE BID AND AWARD 7A obtain Approval for Advertisement Period of Less Than Three Weeks X It 7-2 Advertise for Bids X 73 Disbbute'Advertlernenl Set'of Plans and Specrficiitions X 7-4 ReAew%ft"le and Plan Details with Prospective Bidders While Project is Under X AWertisement 7-5 Open Bids X 7-6 Process Bids for Compliance Check CDOT Form 715-Certdicate of Proposed Underubhzed DBE Participation when me low bidder meets UDBE goals X Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and y' determine d the Contractor has made a good faith effort when the low bidder does not meet X 4 DBE oas Submit reatured documentation for CDOT award concurrence X •7-7 Concurrence from CDOT to Award X 7.8 An rwa election of Low Bidder X 7-9 Award Contract X 7-10 1 Provide"Award'and"Record"Sets of Plans and S ificatfons I X CONSTRUCTION MANAGEMENT at Issue Notice to Proceed to the Contractor i X 8-2 Project Safety I X C 83 Conduct Conferences' Pre-Construction Conference cAppenif.Bl X y-: Presurvey .cs • Constru on staking X M1bnumentanon X e'Lv@"aE=ysi Parurefinq icipliarair X Structural Concrete Pre-Pour IA nea is in COOT Cmrseuctmn Menuea X rsid, Concrete Pavement Pre-Paving(Agenda is In CDOT Consr."Man.. % HMA Pre-Paving(Aganda is m COOT CorrxVmtron Memel) X 8-d Dweba an tlistnbute Public Notice of Planned Construction to media and local residents % &5 Su [vise Construction A Professional Engineer(PE)registered in Colorado,who will be"in responsible charge of construction supervision.' X Kyle L.ambrecht 970-221-ii Local Agency Professional Engineer or Phone number COOT Resident Engineer CDOT Form 1243 Dam6 Page 2 of 4 PreNous edlllons are obsolete and may not be used Page 2 of 4 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT Provkle competent,experienced stall wfio will ensure the Contract work is constructed in ' accordance vvth the plans ands dicabons X Construction inspection and documentation X 8-6 Approve Shop Drawn X 8-7 Perform Traffic Control inspections X X 8-8 Peon"Construction Surveying X 8.9 Monument Riqht­of-%Vay X 8 10 Prepare and Approve Interim and Final Contractor Pay Estimates X Provide the name and phone number of the person authorized for this task. Kvle Lambrecht 970,221.650 Local Agency Representative Phone number 8.11 1 Prepare and Approve Interim and Final UtflaydRadrood Billings X 8.12 Prepare Local Agency Reimbursement Requests X 8-13 Prepare and Authorize Change Orders X 8.14 Approve All Change Orders X 8-15 Mon=Project Financial Status X 8-16 Prepare and Submit Monthly Progress Reports X X &17 Resolve Contractor Claims and Disputes X 8-18 Conduct Roullne and Random Project Reviews Provide the name and phone number of the person responsible for this usk. X Lone Ncuven 970-350,2126 CDOT Resident E imeer Phone number MATERIALS 9-1 Conduct Materials Preconstruction Meetrn X 9-2 Complete COOT Form 250-Materials Documentation Record • Generate form which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project • Update the form as work progresses X • CorrPplete and distribute tam after work is completed X 9.3 Perform Project Acceptance Samples and Tests X 9-4 Perform Laboratory Verification Tests X 9-5 Accept Manufactured Products X Inspection of structural components'. • Fabrication of structural steel and pre-stressed concrete structural components X • Bridge modular expansion devices(Otto 6'or greater) X • Fabrication of bearing devices X 9-6 Approve Sources of Materials X 9-7 Independent Assurance Testing(PAT(,Local Agency Procedures 0 COOT Procedures • Generate PAT schedule X • Schedule add provide ratification X • Conduct PAT X 9-8 Approve Mix Designs • Corcrele X • Hot Mix Asphalt X 9.9 Check Final Materials Documentation X 910 Complete and Distribute Final Materials Documentation X LDOT Form 1243 09106 Pape 3 of 4 PreNous editions are obsolete and may nor he used Page 3 of 4 CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10-1 Fulfill Project Bulletin Board and Pie-construction Packet Requirements X 10-2 Process CDOT Form 205-Sublet Permit Application Reviewand sign completed CDOT Form 205 lot each subcontractor,and submit to % X EEOlCivif Rights Specialist 10-3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee x Interviews Complete COOT Form 260 10-4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the x 'Cormnerciali Useful Function'r uiremenm 10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees Compleie CDOT Form 200. X OJT Training Questionnaire 10-6 Check Certified Payrolls(Contact the Regim EEO, l Rights specialists for training r ulrements.) X 10.7 Submit FHWA Form 1391-Hiqhwy Construction Contractor's Annual EEO Report I X FINALS 11.1 Conduct Final Project Inspection Complete and submit CDOT Form 1212.Final x Acceptance Report(Revilenl Engineer mth mandatory 1-mal Agency participation.) 11.2 Write Final Project Acceptance Letter X 11.3 Advertise for Final Sealemem X 114 Prepare and Distribute Final As-Constructed Plans X 11-5 Pre re EEO Certification 11-6 Check Final Ouaritities,Plans and Pay Estimate;Check Project Documentation;and submit % Final Certifications 11-7 Check Material Documentation and Accept Final Material Certification See Chapter 9 X 11.6 Obtain CDOT Form 17-Contractor OBE Payment Cerafiouon from the Contactor and X submit to the Resident Engineer 11-9 Obtain FHWA Form 47-Statement of Materials and Labor Used... from the Contractor NA 11.10 Process Final Pd meet X 11 11 Cum late arM Subm4 CD I Form 950-Project Closure X 11-12 Retain Pro ct Records for Six Years from Date of Project Closure I % I x 11-13 Retain Final Version of Local Agency Contract Administration Checklist I % I x cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/CNil Rights Specialist CDOT Regan Materials Engineer ' CDOT Contracts and Market Analysis Branch Local Agency Project Manager - COOT Form 124] OWG(i Page 4 oh4 Previous editions are obsolete and may not be used Page 4 of 36. EXHIBIT 1-1 - FEDERAL-AID CONTRACT PROVISIONS FIIWA-1273-- Revised May,1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I General 3 A broach otany Ot me rtpWaems mnumed in to e Ii. Nondswmination Required Conti Provisions easy be sufficient grounds for 111. Nonsegregated Facilities "remaining of proprass"YametS,wlthndldng d final IV. Davie-Baron and Related Act Provisions payment,teminabon of the contract suspension I debarment V. Coned Wow Hours and Safety Standards Act 0,any other action determined fo be appropriate by the Provisions - contracting agency and FHWA. VI, Subletting re Assigning me Contract VII. Safety:Accident Preventm 4. Selection of Labor:During me performance of this warren, VIII. False Statements Concerning HrglAvay Projects me connector Shan rim use cobi labor IN,any purpose IX. Implementation of Clean Air Act and Federal Water .1h n the limits at a construction project an a Federal-aid PoleAon Contra]Act highway unless It Is labor performed by corMcts Me are an X Compliance vain GovarttnenMAtle Suspension and parole,supervised release.or probation. The term Fedemlaid Debarment Requirements highway tlws rid inGde readways luncaonally classified as XI. Certification Regarding Use of Contract Funds fa local roads or ruM minor collecmrs. Lobbying ATTACHMENTS It. NONDISCRIMINATION A.Employment and Materials Phelmence for Appalachian The provisions of this Becton related to 23 CFR Pan 230 are Development I Ilghway,System or Appalachian Local Access applicable to all Federal-aid construction cdnnfos and to all Road Contracts(installed in Appatachian contracts only) related cwstmcton mbcontractr of 510.DDO a moe. The provisions of 23 CFR Pan 230 are not applicable to material supply.engineerim.a attnlecturdl service contracts. 1. GENERAL In adNbon,the connector and Oil sllbdmtirctor5 must comply 1. Fore FIIWA-1273 must be p"lcally imopaated In eatlh With no following adiciee:Exeaaive Order 11246.41 CFR 60, construction contras funded under Tire 23 including 20 CFR 1625-1627.Title 23 USC Section 140,the emer[prhry contracts solely intended fed debris removal). The Rehabhtitabm AC.o11973,as amended(29 USC 794).The VI wall K a,(or slbcmtrada)most insert this loan in each of the Civil Rights Ad of 1964,as amended,and related subcontract and further require Its Inclusion in all lover tar regulators Inducing 49 CFR Pens 21.26 and 27:and 23 CFR subwrroacts(excluding purchase repair,armed agreements Pats 2D0,230,and 633. and Omer agreements to supplies a services). The mneredor ad a)subwnbadas must comply wire: the The applicable requirements of Farm FIIWA-1273 are requirements d me Equal Opportunity Clause In 41 CFR 60- incorporated by reference far wank dorm under my purchasa 1.4(b)and,for all cohrundion contacts exceeding S10,000. retla..rental agreement a agreement Ire Omer services The me Standard Federal Equal Employment Opport mty prime contractor find]be responsible fa compliance by any Cnrala Jinn Conrad Specifications In 41 CFR 604,3. sUOconbaGlOr,IOWK-0IBr subcontractor or service pmNder. Note The U.S.Department a1 Labor has exclusive altlpdty to Farm FIANA-1273 must be included In all Federalaid design. determine compliance v41h Executive Order 11246 and the ]wild contracts,in ell subcatmds obtain laver tier policies of me Secretary ul Labor ircerdeg 41 CFR 60,and 29 subcontracts(excluding subcontracts fa design services, CFR 1625.1627. The corsawrg agency and me PIMA have purchase orders, Mal agreements antl other agreements IN me authorty and me responsibility to ensure cmhpllacer vAm supplies as services). The designdulder shall be rewmslble Tire 23 USC Section 140,me Rehabilitation Ad of 1973,as for compliance by any subcontractor,bwer-0a suttwntrada amended(29 USC 794).and Title W of me Civil Rights Ad d d serx[e provider. 19K as amended,and related oglabons Including 49 CFR Pats 21,26 and 27:are 23 CFR Pans 200,230,and 633. Cntractng agencies may reference Form Ft I WA-1273 n cud proposal or request Mr Pmposd documents however,the The tarlowtng provision is adopted horn 23 CFR 230.Appendix Farm FI(W A-1273 must be phys"lly mcapnrdted most A,him appropriate am irons to conform to ma U.S. referenced)in d1 contracts.subcontracts a e lower-eer Deppermonl of Labor(US COL)and FHWA requirements. subwrNacts(exdudeg narhne atlas,rental agreements and Omer agreements for suppres or services related to a 1.Equal Employered Opportunity:Equnl employ n.ent wnslruction wnbadl. opportunity(EEO)requirements not to dlsacminme and to take affirmative action to assure equal Opportunity as Set form .2 Subject to me applicability Panne need in me following under laws,executive Orden,nines,regdations(28 CFR 35, sections.mesa contract Provisions snail apply to all work 29 CFR 1630.29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) penonned an the contract by the contractor's own orgy Aron and Orden of me SedaLary of Labor as modified by me and vrim me assistance of cookers under the contractor's provisions prescribed herein,and imposed posuanf m 23 immediate superintendence and to as work performed an me U.S.C.140 shall constitute me EEO and specific affnnabve contract by piecework,statm wodc,or by subcontract. action standards for the conbadn's projnd actvibes ceder 1 Page I Of 12 this contract.The provisions of the Americans with Disabilities 4.Reouibnont:When when siring for employees,the Ad of 1990(42 US C,12101 et seq)M forth under 28 CFR cornbaca r will include in all edverasements for employees Me 35 and 29 CFR i 630 are incorporated by reference in this notation:"An Equal OpporamM1y Employer.' All such contract In the"opinion of able contract.the mntrador advertisemmk wia be pWooa in publications having a large agrees to comply with the following mtrdrmin speofc drMauan among minorities and women In the area Ron mrsirement admties of EEO: which me project wonlc force wroula normally be derived. a.Tire contractor win work with me contracting ageruy and a. The contractpr will,unless DrWWW by a valid Me Federal Govshn rent to ensure Mat it has made every bargaining agmemem,conduct systematic and direct good faith short to provide equal opportunity wish respect 10 all recruitment through pt"ic and private employee referral of Its lambs and cond0on of employment and in their review sources likely te yield qualified minorities and women. To of aclhaoes under the contract most Us nequirament,the contractor will idensty,sources of potential minority group employees,and adaWish with such b The contractor will accept es Its operating policy the ida bfied soumos procedures wleneby minority end women following statement: applicants may be referred to the contractor for employment consideration. -it Is she policy of this Company to assure Nat app scams are employed,and that employees am treated during b. In hie"am the compidur has a valid bargan'vg employment,wincut regard to then race.religion,sex color, agreement providing for exclusive Whig hall Worries.Me national odgm.age or disability. Such action shall include: contractor is expected to observe the povsions of mat employment.upgrading,demotion,or transfer,rBCNtrnerd a agmemerr to the extent Nat the system meek the contractcen redulimenl advelssirg:layoff or terrarabm;rates of pay or compliance WN EEO contract provisions. Wham other forms of compensation:and selection for training, trnplementation of such on agreement has this affect of including apprenticeship.pre-apprenticeship,anudfor on-Me. discriminatalg against minonaes orwomen.or obligates Me job training controdd to do the same,such implementation violates Federal nandsdbmination provisions. 2. EEO Of0cer.The contractor will designate 9n t make (mown to the contracting offows an EEO Officer who it have c. The camtrac d,will encourage as present employees to hie responsibility far and must be capable of effectively refer rnincroes and women as applicants for employmers administers g and promoting an an"EEO program and who Inlortna0m end cccedures with regard to referring such must ba assigned adequate authority and responsibility to on applicants will no dsdussed with employees. so. 5.Personnel Anions:Wages,werlong rondtian,end 3. Dissemination of Policy'.All members of are conamdWs employee canons shall be eskMished and ad irstered,and start who are authorized to hire,supervise,prvnote,and personnel adore of every type,including Wring upgmdrg, discharge employees,or who recommend such ac0on,or who promotion.transfer.demotion,layoff,and termination.shall be we slbstantlaly Involved in such action.will be made fully ukan without ragam as face,cola,religion.sex national cognizant of and will implement.the carh'uadors EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each gretle followed: and dassifcatim of employment. To ensure Nat Me above agreement will be met.me following actions will ba taken as a a. The Codrador writ conduct periodic inspections of project miminum: sites to insure that working conditions and employee facilities do not indicate dsatrninatory treatment of project site a. Pmoric meetings W supervisory and personnel office personnel. employees will be concluded before the start of work and Men not less often pan once every six months,at which ame Me b. The Composer will periodically evaluate the spread of contrado s EEO policy and its orplemancinion will be wages paid within each classdkation to determine any reviewed and explained The meetings will be conduded by evi0ernte of dscrininalgry wepe predaee. me EEO Office, c The contractor will periodically review selected personnel b. All new supervisory on personnel office employees will be wows in depth to determine wheMer there is evidence of given a thorough ordocrinatlm by Me EEO Office.covering discrimination, Where evidence Is found,the contractor will all major aspects of tna conowtpfs EEO eblige9ms whom promptly take canectwe adon. It his mNBw IndpCeus that the thirty days following their repnNng for dug with the nonlinear. dsrnmin ition may emend beyond the attires reviewed,such corrective action shall include all affected persons c. All personnel who are engaged in direct recruitment for me project will be instructed by the EEO Officer in the d, The Contractor will promptly Investigale all complaints of contractors woseMes for forming and Wring minodbes and alleged discdn9nation made to the connector in mnredim women, with its obligations untlb this contract,unit prompt to resolve such complaints,and will idm appropriate corrective action of Notices and posters setting fond Me mrntractors EEO wain a reasonada ame, fi the imesugation indicates sat ale policy wia he planed in areas ready moresble to employees, dsniminal on may coact persons ocher Man the complainant. applicants for employment and potential employees sudp corrective action shall include such other craniums. Upon cornpletion of each Investigation,me cbmre cr will moo m e. Tine corNana's EEO ptltiry antl MB pracedaes te every complainant of all m ear avenues of appeal implement such policy will be brought to Me attemlon of employees by mean of meetings.employee markbooks,or 6.Training and Promotion: other appropriate means. a. the contractor wn assist h locating,quallryirg,and increasing sue skills of minorities and women who are 2 Page 2 of 12 Mplimn for employment Mcnrent employees. Such efforts won Me mqureniams for and comply win the Americans with should be aimed of developing luti jotuney levy status Disatiltos Act and al wins and regulattms established there employees in Me type of trade orjob classi6wYm involved under. Employers most provide reasonable accommodation in all employment activibes unless to do so vmttd cause an b. Consistent with me wrmac a vrak to"requirements undue haidi ip. and as p rniusiNe under Federal and State rogelabons.the contractor shall make fell came of training programs.i.e.. 9.Selection of Subcontractors,Procurement of Materials apprenticeship.and on tho-job training program Ile the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the evert a chimminate on no grounds of rate.color.religion.sex special provision for training is provided under this contact, na9onal origin,ago or dkahNty in M selection and retention this subparagraph will be superseded as indicated in the - of subcommictas.Including procurement of materials and spedal provslon. The contracDng agency may reserve leasesolegilpmont Thaeonbacror shall take all necessary vaoing p000kins fa persons wed receive welfare assistance and reasonable steps to ensue nanmscrimnaton in the in accordance with 23 U.S C.140(s) edminsimbon of am contract c. The cool will advise employees and applicants for a TM cprtrdctpr steal notify all polenbS eubcMmra sand employment of available tralring programs and enVanpi suppliers and lessons of Cher EEO obligations under this mequirenlems for each urntract. d The coribacta will penoacaly review the training and In The confifil mol use Tonal faith efforts to ensure pro moton potentai of employees who are minpi0as and subcontractor compliance with their EEO opllgabons. women and will encourage aligibe amployees to apply fed s ch training and pronoton. 10.Assurance Required by 49 CFR 26.13(b): 7.Unions:If the com mist ratite n vfice or in pert upon unions as a source of employees,me contractor w01 use good a. The regmsrernenls of 49 CFR Part 26 ark)me Sfafe faith efforts to obtain the cooperabon of sucl canons to DOTS U.S.DOTapprmed DBE program are incorparaled by increase opporNnees fa mirimuss and woolen. Actions by reference. Me connector,either d'Iractry or through a contractors association ac"as agent,will include Me pr000rkees set b. The contractor m sWlC actor shah rot disarm low form below. the bask of race,can,national origin,n sex in the pepfimbl mnidsmMof4. Tire contractorspatcarry out a The canrucln wi0 use grad faith efforts to develop,in eplltrablo raquremene of 49 GFR Part 26 in the award and couperabon with the unions,joint training programs aimed ad mirdstrabon of DOT assisted contracts, Failure by ire Iowan qualifying more mnonbes and warren for membership contractor to carry out these requirements b a malenal breach in the cations and increasing the skills of minorities and women of this coraract Mich may result in the temhoorpon of this so that May may quality fed higher paying employment contract or such other remedy as the cmtractuhg agency deoms appropriate. b. The con ractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that Such 11.Records and Refrains:The contactor shall keep such union well be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their raw.color,religion,son,natierhat origin.age or mguiraments, Such records shall be letatned Ina perod of disability. three yeah following the date of the final payment to vie contracts for all contract work and she be available M C. The contractor is to obtain ntonnabon as to the refern it reasonable Imes and places In inspection by stil ed naclicas and policies of Me labor union except that to the representatives of Me contracting agency and the FHWA. extem such imoTnatnh is within the oxclusive possession of Me labor union and sWh labor union refuses to furnish such a. lire racoons kept by ire mntracta shall doamhen me mlMmalnn to tie eontacw.the convill shall so ceNfy to following: Me contractng agency and shall sat 1Mh wfim efforts have been made to obtain such infornaton. (1)The number and work hours of mircmy and non. minatory group members and woman employed in each work d. In Me even the union is unable to provide Me cant2tb dassificabon on Me pmjeci: van a reasonable tea of mlenma within vie we limit set John in the collecinte bargaining agreement the contractor w1l, (2)The progress and efforts bevg made Ion cooperaton Through Independent refNdment efforts,fill one employment win adore,when applicable,to increase employment vac.an[les w+thout regard to oit",WM.religion,sex,national oppchnunites far mnorpes and woman;and origin,age or disability;making full efforts to obtain qualified andbr qualihade minoflaes end women. The lallua ol a udon (3)The progress and etoris being made n locating,hiring, to prMde sufficient referrals(even ibouglh it Is obligated to pairing,qualifying.and upgrading minmbes and women: provide cnAuslve referrals under the tones of a colecbve bargaining agreement)does hot relieve Me contractor from the b The contractors and aubmrnmctxs waif sutvnih an annual requirements of tllis paragraph. In the event no union referral, report to the ront acing agency each Joy fed the dumb.of practice prevents Me contractor from meeting vie obligations lire project.Indicating the number of minority,women,and pursuant to Executive Oiler 11246,as amended.and Mosa non-m loory group employees currently engaged in each work special pmvisions.such contacln shall bnmedlately noty the classification required by the contract work. This information is conractng agency, lobe reported on From FI on/A-1391 The staffing data shrrutd represent the project work force on board nail or any part of 6. Reasonable Accommodation far Applicants I the last payroll period preceding the end of July. 11 ondhe job Employees with Disablllflaa: The ocenmfn must be familiar training is bang m mrod by special provision,the contractor 3 Page 3 of 12 -11 be required to tolled and report lraning data. The of paragraph I,d.of this section:also,regular contributions employment data should reflect the work force on board dung made or costs incurred for more Man a warI period(but rrN Al or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs Jury. WtUh Wear the paroalar weakly period.are deamod M be constructively made or incurred owing such we"pen W. Such laborers and mecha cs shall be paid Me appropriate 111.NONSEGREGATED FACILITIES wage rat and fringe benoat on lye wage deternnation for no clasaamtim of wok actuary Wanted.IMMM regard to This provision Is applicable to all Federal-ad construction skill,except as provided in 29 CFR 5.5(ax4).Laborers or mntracts and in all related consoucLon subcontracts of mocha wx performing wok in more than one dasslficaom SID 000 or more, may be compensated at lye rate Spedfied for each damfiratim for the lime actually worked tf umn'.Provided, The contractor must ensure Mat facildies pmvidod us That lire employee payroll records accurately set forth the employees are provided In such a manner Mat segregeaon on bme spent in Beni deisificatim in wh idl work is performed. _ the basis of race,color,religion,a".or national origin canmt The wage determination(including any aodeonal claeslecaton result, The mntramor may neither require such segregated and wage rates conformed under paragraph 1.b of this use by written or pal polices nor tolerate such use by secllon)and the Davis-Bacon poster(WH-1321)shall be employee mstorn The WnVadefs Obligaem entenrl5 further posted at all times by the cont2LYp and Its sunewtracMrs m to ensure Mat its employees are not assigned 1u pedoem Moir the site of Me wok Ina prorninenl and accessible dace where - sen noes at my dcabm,under Ma Ymomda s Wnirot,where it can b0 easily seen by the wmirers. Me faciAos are segregated, The lama 7adlibmi'includes warbng mows,work areas,restaurants and other eating areas, b.(1)The Mom M g officer shall require Thal any class of time clocks:aphorisms.washrooms.lo&w mmt,and other laDoers or mechanic,Including helpers,which is not asted n storage or blessing areas,pacing lots,drinking Itruntains, ate wage detrue irratim and which is to be employed under the recreation or entertainment Dress,transpmation,and housing contract shall be dassibetl in mnfartnanm wily the p prrrvided to WeDywS The contractor shalt W(Mde separate detamet wienshall The contracting,i ng ribcp shall AppWth the ling er ss In a s u e ptromn and necessary dressing or sleeping addaoml classification and wage one and fringe benefit areas In assure privacy between sexes. fterefore only IMm the following criteria hove been reel' W. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The wrow to be por/pmed by the classificabm requested Is not performed by a dessifimtim in the wage This section is applicable to al Feaeml4d construction detennnmkm:and projects ese"ving 52.000 and to all related subcontracts and lower-tier subcontracts(regandess of subcontract size). The (it)The classwicauon is utuzed in Me area by Me requirements apply to so projects located within the right-al cortiructernindustry:and way of a roadway Mal is tuncbmally dassdled as Federal-aid highway. ThsexdWasrDWd ysfwctimnllydmifie as local muds or rural minor collectors,which are exempt gi)The proposed wage rate.including any ulna fide Contracting agencies may elect to apply these requirements to fringe benefits bears a reasonable relationship to Me other projects. wage rates contained in Me wage defemnir4Tbon The following provisions are from Me U.S.Department of (2)If Me Wrmactor and the laborers and madams to be Labor regulations in 29 CFR 5.5-Contract provisions anal employed in Me classification(if la von),or their related maaeW with minor revisions m sadden n to the FI NIA- represenlatrves,end Me contracting glemr agree per the 1273 format and FI WA program requirement classification and wage we(incfuding Me amount dedgnmed for hinge bonnet where a11pr1prlme),a repM of Me action taken shall be sent by the mntracLng officer to Me 1. Minimum wages Adminstrator of Me Wage rod!Hon Division,Ern loyreenl Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed a wlrking upon Washunglm.DC 20210 The AdmntsLstor,or on ru Mo ized me are q me wed.will be peed wcwduormlly and net Yards repreeenew".wall Approve.molly,or dsapprove every often Man once a week,and wiMM subsequent deduce an Or mdbonal csuaafimam scow within 30 days of receipt and rellate on any somuni(e.mpt sum payroll deduct.ors are so advise the contracting officer or will notify the contracting ornlged by regulations Issued by the Secretary m Labor otacer wiMn Me 30<lay perm MAI eddiryorrel tone 9 wrier Me Copmmd Ad(29 CFR pan 3)),the tot amount of n .cud y. wages and bona tide fringe benefits(or cash equivalents themnf)due at time of payment computed At rates rot less (3)In the event Me mmmdor.Me laborers or modrarncs Aran those"rammd in me wage detemtinaeon M are to be employed in the dosatlrcabm a their representatives, Secretary of Labor wnch Is imadhed hereto an J made a pen and the contracting officer do not agree on Me proposed hereof,regadloss of my contractual relationship which may dasafiratim and wage rate lincluding duo amount he alleged m anst between are cmhlcign And such Inherent designated for Mnge lowerits,where op,wprime),the and mechanics. mntracting otmr shall refer Me q duom,including Me views of oil traerested panes and Me rocerrvngdatim of Me Cmtnbuaons made or costs reacpnably amcipmed for born contracting officer,to the Wage and Has Ad nidstrator for fide fringe benefits under section 1(bx2)of the Davis-Bacon detem ination.The Wage and I lour Administrator.M an Ad at behalf of laborers or mechanics are considered wages auaronzed represmtatrve,will issue a detertninaLw within paid to such laborers or mecharirs.subject to Me pamsims 30 days of receipt and so advise Me Wntracarg officer or 4 Page 4 of 12 will odefy the contracting officer wtho me 30-day period that Bacon Ad.me eontraeter shall maintain records widet show addborW time is necessary Nat the commitment m provide such benefits is enter®able, Met the plan Or program is financially recprrsdtle,and that the (4)The wage rote gnclucang fringe benefits where plan or program has been cammuoic rtea in writing to the tuprop late)dolerrrnned pursuant W paragraphs I.b.(2)a laborers on mechanics affected,and records which show the 1,b.(3)of lido sec9on.shall be paid to all YArkers performing costs anticipated M me acuat Lost Incurred In providing such work in in.dassdk2tioih under this contract from the lost benefits.Contractors employing apprenbces a trainees under day on xidch work is portended In the chiesificabnn approved programs snail mountain cotton evidence of the registration of appremceship programs ark cerbficanon of trainee programs,Nis registration of the apprentices ant c Whenever Me minimum wage rote prescribed in Me trainees,and the ratios and wage rates proscribed In the contract IN a class of laborers or mechanics includes a fringe applicable programs. benefit which Is net expressed as an horny ate,Me contactor Men either pay the benefit as stated in the wage determination or shall pay another bona fide fringe henelt Or an hourly cash b.(1)The contactor shall sOmit weekly for each week in oreuvalme thereof which any contact work m fterformou a copy of an payroll to Me conYacUng agency. The payrolls submitted shall sal out accurately and comprately all of the inlrmation required to be It If the contractor does not make paymatts to a trustee Or maintained done,29 CFR 5.5(a)(3)(1),except that hdl social Other Mind person,the contractor may consider as part of me security numbers and home addresses shall not be Included wages of any laborer or machanic Me amount of any msLs on weekly Yansmithis.Instead the payrolls snail orgy need to reasonably anticipated In providing bona title fringe benefits include an individually ke urfyhwg number for dean employee( under a plan or Mogan.Provided,That the Secretary of e.g.,the last tour digits of the anployoe'*social sramty labor has frond,upon me wafter request of me cormicta. number).The required weekly Payroll Information may be Diet the applicable standards of the Davis Bacon Act have submitted in any from desired.Opbonwl Fonn W II-347 is Dean met.The Secretary of Labor may Mount Me connection available for this purpose Iron,the Wage and Ifew Division to set aide in a separate account assets for the meetog of Wen site at Mull ww not goW"WwreidannshAr347insu.1d n obligations under Me plan or program. or its successes site.The prime contractor is responsible for me su mssion of codes of payrolls by all suhcgntracirs. 2. Withholding - Contractors and subcontractors shall maintain the fill social seeviy,numbor and current address of each covered workr, and shall provide them upon request to the contracting agency The contracting agency she;;upon Its own actor or upon for transmission to me State DOT,the Ff I WA a the Wage and mflon request of an authorized representative of the I lour Division of the Department of Labor for purposes of sin Department of Labor,withhold or cause to be withheld ham investigation a audit of mmp,'iance with providing wage me contractor under this contract.or any came,Feeml recruitments.It Is not a violator,of this section for a prone contract win Me some pine contactor.or any other fedrelly. contiaeor to require a subcontractor to Mrwide addresses ant assisted contract subject to DmisAacon prevailing wage social secumY numbers to the prime contractor fords won requrements,which Is held by Me some prime contractor,so moods,wit out weekly submission to the contracting agency.. mdfh of the accrued Payments or advances as may he considered necessary at may laborer and mectroniti. inducing epPmnbces,trainees,and helpers,employed by Die (2)Each Payroll mpSublaitted*sill signed by Met to a contractor or any subcoMmctr the full amount mwage6 Statement of Compliance.*or her sighed by clay err supervises uper a mquirod by the contract In the event of failure to pay any paym ntrac h or eon or her agent who pays a wtract n me laborer or mechanic,including any eppremice.trainee.or payment of the Wowing: employed under me contract and shall haPer,employed r wareng on me site of me work,ell or Pad ctmy are Iopoxtng: of the wages reWYed by the contact.Me contracting agency may,after Milan notice to the commetor,take such action as (i)That the payroll for the payroll period contains me may be necessary to cause the suspension of any further intermitter,rerdred to be provitled under§5.5(aj(3)()of payment,advance.or guarantee of funds unto such violations Reguaucns,29 CFR pat 5,me appropriate inf zonation is ' have ceased. being maintained under§5,5(aN3xi)of Regulations.29 CFR pan 5,and that such information is contact and 3. Payrolls and basic roc ems panplot.: a Payrolls and basic records relating theato shall be (11)That each laborer or medtarec(including each maintained ny the contractor during the coWbe of Me WCA(and helper,apprentice.and trainee)employed on the cMtract preserved Ira period of three years thereafter for all laborers wages coo payroll period has been paid me NI weekly wages earned,without rebate,either Directly r indtrectly. anti mechmis werkmg at me site of me work.Such recomds and that no deductions have been made eithr dbecny w shall contain the name.address,and social secvnly,number of ird oicdy from me full wages eared,omr than each such worker,his a her correct clasvficaion,hourly rotes permissible deductmi as set forth m Regulations,29 CFR of wages paid(Including rates of oarmhMdkns or costs pan 3: anticipated far bona has fringe benefits a cash equvalems Dieneofi of pre types tlescrbed in section 1(bx2XB)of the Davis Bacon Act),daffy and weekly number of hours waked. (b)That each laborer or mechanic has been pall not deducbaW made and actual wages paid.Whenever the lass man the apsi carte rage rates and Irirge Immen s or Secretary of Labor has found tndr 29 CFR 5.5(a)(1)(w)that cash equivalents for the classification of wok performed. the wages of arry,laborer or mechanic include the amount of as specified in the applicable wage delrmihation any costs reasonably anetipated in p vk1mg benahis under a Incorporated Into the contract. Plan or program described in section 1(b)(2)(B)of the Davis. 5 Page 5 of 12 (3)The weekly Submersion of a properly War:utod rate specified in me applicable wage determinnon. cenificaton set forth on the reverse side of Optional Form Apprentices shall he pad lingo bamfm in accordance with WI 1-347 Own Satisfy ate regUrernent for submission of he the provisions of the eppremices hp program.If the 'Statement of CfmWance'required by paragraph 3 b(2)of appronncashp program does rot Specify bingo benefits. this sector. apprentices must be paid the MI amoum of fringe benefits fisted on Ole wage daumninabgn for the applicable (d)The falsification W any of as above c&Ufic:NPa may dasvficatgn.If the Administrator detamenes that a different subject the contractor or subcontractor to evil or comma hngece prevails for the applicable a in that eterclassification,nati prosecution under section 1001 of site 18 end section 231 of hinges shall be paid In accordance with that determination. title 31 tut me United Slates Code. In the event the Office of Apprenticneil Training,Employes p.The contractor or Subtmtactor shall make m0 records and Labor Services.or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by ale gram, a cim i wpmvel of an impectim,copying,or tenivipton by authorized apprened to ur program,me contractor will no larger be rePesentattves of the contracting agency,the State DOT,Me mmetleA to wlize apprentices at less than the apdicade FI WA, or the Department of Labor.and shall primal sum predelsomened rate for the work performed cool an acceptable reprasentativas W interview employees during working touts Pogrom is approved. on the jab If the contractor or sWmntractor fads a submit the respired records or a make mere available,he FHWA may, b.Trainees(programs of the USDOL) after when notice to the contal the contracting agency or me State DOT.take such action as may be r ecessary to - "use me wsparulon of any further payment,advance,or Except as PgAden in 2116.t6,tracrrees will not be guarantee of funds.Furthermore.fatum to submit the required permitted to wok at less man me predetermined rate for me work performed unless may are employed inurement to Ann be grounds upon request Pfomake suns ar o 2evadable may individuatly registered In a program whorl has received prior be grounds IP debannem action mrsuant to 29 CFR 6.12. approval,evidenced by formal era and Tr by ma U S Department[of Loop,6rtdoyment and Training d. Apprentices and trames Admirtatration. a.App"troes(pmgami d me USDOL). The ratio of tramah,to journv ymen On me IOb Site Si t not be greater than permitted under he plan approved by the A mnbces Suit be permitted to work at less it.the Employment and Training Adrenishmen. predetermined rate for the work may performed when they are employed NrSuanl to and individually registered in a bona fide Every banae most be paid at not less man the rate speofi m When nt ceshp program registered with the U.S.Departmet,of in me approved program for the tranee's level of progress. labor,Emory mehl and Traiarg Administration,Ounce of egrrossed as a precantage of the journeyman hwdy one Appotabcoshlp Training,Employer and Labor SeMcea,or Win specified In he applicable wage detemlinaow.Trelnees shall a Sam Aprymticeshp Agency mcognizerf by Iles Office.or if a be paid fringe benefits in accordance with me provisions of he person is employed In his or her brat 90 days of pmbatmary trainee program.II the trainee program does not mention enmioymn as an apprentice in wen,an apprenticeshp hinge benefits,samoos shall be paid me full amount Of forge program,who is not IfMMdually registered In me program,bit benefits listed on me Wage determination unless the who has been certified by the Office of Amrentooshep Adminv inator of he Wage and Hour Division driumoiners that Training.Employer and Labor Services or a Sate there is an amrentcestsp program associated with the Awrmtcashep Agency(where appropriate)a be eligible Its correspondng jasneyman wage ate on the wage probabmary employment as an apprentice. deamenation wdadl provide;for less than fiat hinge banetts for apprentices.Any employer,listed on the payroll at a ranee The allowable alb of apprentices to journeyman on the job rate who is not regista red and par icipatng in a training Plan Stem Mir,crap dasstlicabm anal net be great&than me ratio approved by the Empinymmm and Training Administration shad trammel to the emMor as to the endm work force under be paid not less man the applicable wage rate on the wage me registered program.Any worker listed on a{ayrNl at an Aetemrineoon for me dasslhcatlon of wort.'actually mdramed apfrontice wage rats,whe Is not registered or otherwise In addition,airy trainee sled undhrming Me r gi ire jab ate m employed as staled some,shall be paid not less than fie erpa5s old otItio mmattehundome Mgs,rat. onMe applicable"go rate on the wage delemtnardn for the seal be paid not Ions man the applicable wage rate on ono dASSfication of work actually performed.In addition,any were deferminelion for me work actually performed apprentice performing work on the job site in euess of me ratio narnigod viler the regsteed or shall W mid rot In me evom the E pleysnent and Training Admirvsbabon fens than the applicable wage rate on the wage determination withdraws approval of a training program,he contractor will no fan the work actually penomred.Where a contractor is longer ber Nonimw to Wfize trainees W less man the performing camtlmaton on a project in a locally other than applicable pmdetemined rate for the work performed until an that in whirs,es pm mini is registered,the Mine and wag. acceptable program is approved mites(ev eased in percamUr of the joismsymans hovly ram)spoofed in the contractors or su bcmtactor's registered vogam shall he observed, c.Equal employment or mmmiry.The unlizatlon of apprentices.trainees and founeymen under this pan shall be in confarmiry,with the equal employment opportunity Every apprentice mint be paid at not lase man the rate requirements of Erecull Order 11246.as amended.and 29 speabed in me moslemd program for the amrenboo's ravel of CFR pan 30. progress.expressed as a percentage of the journeymen hourly 6 Page 6 of 12 d. Aopnomeas arch Trainees(programs of the U.S.DOT). Apprentices and tameras waling under appenbceship and V. CONTRACT WORK HOURS AND SAFETY Will training programs which have been certified by no, STANDARDS ACT Secretary M Ttan"naam as promoting EEO in connecuon win Federal-aid highway ConstrUdion programs are net The Idlowtng clauses apply to any Federd-aid constructon subject to the requirements of paragraph 4 0(his Section IV contract in an arroum In ewmars of$100,000 and suajed W the The straight eme hourly wage rates for apprenticas and everttrne provisiom of the Conrad Work 1 form and Safety Maness under such programs wit on estabished by Me Standards Act.These causes shell be named in adNout b particular programs.The now of apprsMices and tr armas to Me causes required by 29 CFR 5.S(a)or 29 CFR 4.6. As joumeymm shall not be greater titan permuted by the terms of used In this paragraph,Me terms lahrinss and mechanics no Particular pogrem. Include watchmen and guards. S.Complimma with Copeland Ad requirements. The 1.Overtime requiroments. No dMrncta a suhgontractnr contractor shall comply with sue requirements M 29 CFR pad comracang for any pan of Me contract work which may require 3 which are moo mwatod by reference n his contract. a Involve the employment of laborers or mechanics shal moors or peoril any such laborer or mochank,in any 0.Subcontracts. The corroartor a subcgntraco sha0 naort workweek in which he or she is employed nn such work M Form FHWA-1273 in any submrtracts and also require Me wok in erlass d forty hours in such workweek Iadess Such subcontractors to include Form FIIWA-1273 in any lower Der laborer or methane receives oompenwom of a rate not less subcordractsI The pane cdnvactbr shall be reworrobla for me Non ale and OM41M Ames the basic rate of bay Ion all hours compliance by any subcontractor Or lower tier SUIbcorcri f wonted in eYL9Ss of ferry hwaa in such workweek, with as the contract causes in 29 CFR 5,5 2.Violation:Ilablllty for unpaid wages;liquidated 7.Conrad termination:debarment. A breath of she damages. in the evem of any violation M Me clause set forth In paragraph(1.)of Ids seam,Me cwMK=w and any contract clauses n fa CFR 5.5 may be grounds la lenniration subcontractor resminsiHe therefor shall be fable for the d the coador and vi ed in 9 C R a contactor and a unpaid wages,In motion.such connector and subcontractor subcantradOr as provided in 29 CFR 5.12. shall be liable In the United States(n the case of work done under contract for me Di6Md of Columbia or a temtay.to such 8.Com planar with Davis-8 atom and Related Ad Disihd or to such temtory),for liquidated damages.Such requirements. All rulings and iMeryrnatiens Mare Davis- liquidated damages shall be computed win respect to each Bacon arch Related Ads contained In 29 CFR parts 1,3,and 5 molhduel laborer or medMne.Including walWnen and we heroin awriorated by .in.in Ns contract guards.employed In molaoon of are clause set forth m paragraph(1,)of this section,in Ind sum of$10 fa each 9.Disputes cmcernlrp labor standards.Disputes ansirg calendar day on which such n6vidual was roqutred or Out of ale labor standards Provisions of Los contract shall net hourpens l i to l Park m Paeieyment at t of the naMNd wbkVRek of fate he Subject M the general disputes clause of Ills moved Such clam set forth h in mot r the W81ame M3geb mgliRd q'Ile despules shall be resolved in accordance with Ole procedures clause set lath in paragraph(t.)d this sectrm. M Ile Department of Labor set fmh in 29 CFR parts 5.6,and 7.Disputes wlitin Me merang of Ris clause include dsputes 0.Withholding for unpaid wages and liquldatod damages. between Me contractor(a any of Its subcmtragas)and the The FHWA or the corroding agency shall upon its won action contraclirq agency,the U.S.DepaNlent of Labor,or the or upon wriaen request of an auaronzee represeMaovo of the emplavem Or N w representatives. Daparbnen of Labor vnNhdd a cause to W withheld,from my moneys payabla on account of wok Performed by the 10.CellI ication of elig loll Ky. contractor or subwrro'actw under any such contract w my other Federal contract with the same pima contractor,or any Other Iaderaay+aseisted contract Subject t0 the Conrad Work a.By entering into ails Contral the contractor certifies then Hours and Safety Standards Am.which is Field by ale same neither it pia he or she)nor my parvon a firm who 1.m prime antractw,such sums as may be determined to be r. Interest in 1ba cmbada's fimt is a person or firth Ineligible to necessary to satisfy my 0atolnes of such connector or be awarded Government corneas by virtue of section 3(a)of subconfrador for unpaid wages and relocated damages as no Davla-Bacon Ad w 29 CFR 5.12(ax1). poAded in Me clause set two in paragraph(2.)of Nis seam. b No part of this contract shal be subcontracted to my person or son inelighte for award of a Gwemment contract by virtue 4.Subcontracts. The contactor or subconirecta goal imen of section 3(a)of Me DaAs-8acon Act or 29 CFR 5,1 2(a Xi) in any subcontracts the clauses in fah m paragraph(1.) Nmugh(a,)of this section and also a cause mquiring the mhmrbacina to uneutle mere clones n any lower tier c.The penalty for making falsestatements ents is pesen e btl th in e U.S.CdrtltrW coda.18 U.S.C. state subcorNads.The pinta contractor shag be responsible for compliance by any subcwltrador or lower bar sumontracla yin no causes set forth m paragraphs(1.)through(4.)of this section. 7 Page 7 of 12 evidenced in vimng and that it concern all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prim contract This provision is applicable to all Federal-aid consimencn 5.The 30%sin m lonmance requirement m paragraph(1)is contacts on the National Highvay System. not applicable to design ild contracts;however,contracting agani may estaMisn their Cron selfgerfwmance I.The contractor shag perform with its oven agarvzetron mouiremente,. contract veirk amalmtmg to net less than 30 pamanl(or a greater percentage d specified elseMtere in the contract)of Me taal original contract prude.exciudng arty specialty Items VII.SAFETY:ACCIDENT PREVENTION designated try the contracting agency. Sleciaty imams maybe performed by subwe ct and the amount of any such T h I s p r o v i s I o In i s applicable to all Federal-aid specialty Items Performed may be deducted from the WWI comstrxtbn Commack and to all related subcontracts. ongnal contract price before computing me amount of wok required to as pedorped by me contractors ovm aganixabon 1. In the perlordearice of this contract the contractor shall (23 CFR 635.116) comply won all applicable Federal,State,and Inca laws ' goverreng safety.healer,and sanitation(23 CFR 635)The a. The tend-peromh work win Its mm orgaruzatlon'refen contractor shall provide all saleguards,safety devices and a waken employed or leased by We prime contractor.and protective equipa ent as take any olhan needed actions as it equipment aimed or tamed by the prime contractor,won or determines,or as me contracting officer may determine.to be without eperaas. Such tens does not Include employees or memorably necessary to protect the life and health of MiMent a a Subcontractor or IOwet per wbcontractnr, employees on the Job and ere safety,o the public and to agents of the prime contractor,a any nNer assignees. The prmect primary In connection with the pofonnance of me term may Maude payments for the costs a bring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulaay requirements. Leased 2 It is a consul of this contract and sisal be made a employees may ony be Included in this tarts if ere prime condition of each subcontract,vMch the contractor amen Into contractor meets all of the follbMng cortlibon: pursuarm to ties contract.Drat the contractor and any subcontractor shall net permit my employee.in Performance (1)me prime contractor maintains central over era of the contract,to work in surmunditgs a under conditions supervision were day-today,activities of the leased which are ureeretary.huard0us or dangerous to his/her anployees: health or safety.as dote rnmed under construction safety and (2)the prime contractor remains respaable for the quality heath standards(29 CFR 1026)promulgated by me Secretary of the work of Vte leases employees: of Labor,in accordance yeah Section 107 of the Contract Wok (3)the rime contracts,matins all swear to amept or I lawn and Safety Standards Act(40 U.S.L.3704). extlude individual employees from work on the project;and _ (4)me prime contractor romans ultimately respmside for 3.Pursuant to 29 CFR 1926.3.It is a coneuon of this carri Me payment at W adetenhnred mornu n wages,the that the Secretary of tabor or aMorized represmldtiva submission of payrolls,staemens Of compliance and as merel shall have right at entry to any site of coraract Wner Federal regulatory requirements performance to inspect or imesbgale me matter of curableness w,m me mnetrUebon safety and health standants anal to Carty b -Specialty Item"shall be construed to be limited to MM but the duties of the Secretary under Section 107 of Ms met requires highly specialized knomedge,abutties,or C(Mma Wok Hour,and Safety Standards Act(40 equipment net ordinarily available in me type of(xntrectrmg U S C.3704). orgmlzetons quallied as expected to bid or propose on me contract as a%bole am In general are to be limited to Wino components of Me overall comma Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requremems set fain In Paragraph(1)of Section VI is computed includes the met m This provision is afteAm to to all Federal aid material am manufactured products rented are to be construclbn contracts and to all related subcontracts, worricad or produced by the contractor under the comram provisions. In order to assure high quality and durable construction in confomdty win approved plan and specifications and a high 3.The contractor mall furnish(a)a competatt supenm¢ndent degree 0l laiabildy an statements and representebona made or wpervien vfio is employed by the inn,has lull au pony to by emaneem,contmcto i.suppliers.and workers an Federal. rtrecl performance of me wvk in accordance yeah me contact aid highway projects,it is es5enba mat al Persons concerned requirements,and is in ewrge,of al mnstruceon operations .0i me prged padorrn their functional as carefuly,Nmoughey, (regardless awno performs the work)and(b)such other ads and honestly M possible, W18ful falsification,distortion,or oven organizational resovces(supaMsitn,management.and neismaeaemalm withrespect to any facts related to me engeneemng services)as cite contracting officer detarnn¢s is project is a violation of Feel law. To prevent any necessary M assure the perfomnancs,of Ube cahbecl misunderstanding regarding the senousness of these and similar acts,Farm FIANA-1022 awtl be posted on each 4.No portion of the caramel shall be sublet assigned or Fedsml.aid highway project(23 CFR 635)in me or coon ath rvese d6posed of mousier won me wml carrot of ere places lMOre it Is merely a salable 10 al peri screamed contracting officer.or authorized representative,and such biro the project. consent when given she/W,be construed to reieve,the centimeter of any reeponsibi4y,fa the fulfillment of the contract, W ngern consent well be given onty attar the 18 U.S.C.102o reads as falknesl contracting agency has assured that each subcmtraa is B Page 8 of 12 Whoever.being an officer,agent or employee of ma Unted covered vansMeon.The prospecbrm first bar paroapaot shall States,or of any State or Temmorv,or s,,foxi er,whether a subnrt an exalanatbn of wiry it canof provide the corufimuon person,associatim,firth,or wrpeabm,knowirigy makes any set out balm The mroficaam or e>ylanaton volt be false statement,false ream mstabon.or false ramon as to the considered In corvrecom with are department or agancys character.quality,quantity,or mot of the material used orb datermnabm"one,to enter moo this transacton.However. he Mae,n the quantity or cushy of IN vronk pare m fit or to failure of the pmspecm,first tier participant to furnish a be Performed,or the Ceti thereof in conni with the Carobcabm or an explenabon shall dequaNy such a person Submission at plans,maps,spaclficabmS,corrbacts.or costs from pamcipation In this vansacem, of construction an any highway or related Project submitted for' approval to the Secretary at Transportation:or c The cerebration n this clause Is a material representation of fact Upon%tech reliance Was placed wfien the comrecong Whoever knnvogly makes any false statement,false agency detamrinnd to enter into this transaction.if It is later repreemtaaon,false report or false clam with rasped to the determined Mal the prospective Participant knwsingly tendered cimmocier,quality,contrary,or cast of any work performed or in m erroneous mmfimtion,In brown to other tamemes be performed,or materials bunshed or to be furnished,in e'vatlable to are Federal Government,the contracting agency coreremon wind the consmeti0n of my highway or related may teemnate this trarrsaceon to cause of Mefauft project approved by the Secretary of Trampmaton:or M.The prospective first ter pwic rant shag Provide Whoever knowtrgly makes my false statement a false aPrn chums Wmden rotes,to the canirxtng agency to vdrom representation as to material fad in my statement ofmficate, mis proposal is subrmitted it arty time me amspecWe List ter or repM submitted puraumt to provanorl3 of the Federal-aid pamcipanl lea"Nat its Carttfiraton wag wronems usher, Roads Act approved July 1,1916,(39 Scat 355),as amended submitted or Ms berme ernneats by reason of changed and supplemented: arotmstances. SMII be fined under this Farr,or imprisoned not more than 5 e.The terms'covered Vwwtnn""debarred," years or both" "suspended;'rrrebgide,'-pamapant'"person; 'pNmapal,` and"voluntarily exdudee,'as used in this clause,are defined in 2 CFR Pens 180 and 1200. 'First Tiar Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions-cores to arty covered transaction bbsb ew a WATER POLLUTION CONTROL ACT grantee Or subgrant(a of Federal funds and a pamapant(such as the print a general contrect). 't-mor Tier Covered This provision is applicable to all Federal-aid consaucam Transactions-relers W any ccvmad trmsacton tinder a First mritracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). 'Fast Tier Participant'refers to me participate\Mo MS emama into a By submission of this bidlproposal or the execution of this covered tmsactm With a grantee or sARamee of Federal contract,or subcontract,as appropriate.Vie bidder.propose,. funds(such as the former or general connector). 'Lower Tim Fa0erel-ald construction contractor,or wbcantracbr,as' Parodpant-mows my poredpont who has entered into a moromiata vnll be deemed to have stipulated as looms' covered aarisaWar van a First Tier Partopanl or other Lower Tier Pamcipams(such as subcunni and suppliers). 1.That any person who is orwill be utilized in the perforrmamce of No contract is not preNblted from receiving an I.The Prospective best ter pamopara agrees by submitting more rim to a Ndabm of Secant 508 M am Clean Water Act this proposal that.should the proposed covered transaction be a Section 306 of the Clem AV Act. entered Into.it shall not kmoWingy enter ions my laver ter 2.That Me contractor agrees to include err ranwe Io he orml transaction vhm a person who is Mohamed, included the requirements of pasgraph(1)of this Section X In suspended,declared ineligible,or voluntary excluded from every subcontract,and former agrees m take such actor,as p rbripeaon m this covered".of.,uness Motorized by me contracting agency may direct as a mama of enforcing me department or agency entering i=this tsnsacnon. weir requirements g.The noseecbve first ter pamapant Kamer agrees by submimrg this proposal that it va0 moude me cause toed X.CERTIFICATION REGARDING DEBARMENT, "Cemfiraton Regarding Debarment.Suspension,Inetgibtery SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Trerrsactms; EXCLUSION provided by the department or contracting agency.entering into this covered tmrrsocton,w9murt modi0caaon.in all lower _ This provision Is applicable to an Federal-aid construction bet covered trans ict re,and in all sdidtabma fa lower ter mrrtrac(s.desigmbilid mnb so,s,wltmnaacte,ewer-ter covoreM bensecuons exceedmg no 525000 threshold. subcontracts,purchase orders,lease agreements,consultant mWacts or any Wren covered transacton mquming FfIWA In A p3mdmim in a covered transadim may rally upon a approve]on mal is browbeat to cost S25,000 a more- as Celificaean of a npePwC6Va participant In a Imer clef covandi defined m 2 CPR Parts 1 W and 1200 traneadton no is cot remorse,wspenced,breogsie,or volumany excluded from Vie cornam trmsaWon,unless d knw.s that ore Pemfimtlon is erroneous. A panIc,mt a responsible for ensuring that its pmcipa%are not suspended, 1.Instructions for CertRlratbn-First Tkr Pantomime: debarred,or otherwise ineligible to pamapane in covered transactions. Tovenry the eligibility of its principals,as well as a By signing and wbinitmg this proposal,the praspectve the eligibility of any lover ter prospective partapants,each fvst ter panomint Is providing the cemfication sat out balm, pamcipmi may,but is not required to,check the Excluded Pani List System"t tte Ihdos lkww ems owl).Which Is b.The Inability of a person in provide me comfrtation set out cnnpilm by the General Services Adminishaton, batim will not necessarily result in denal of padiapabon in this 9 Page 9 of 12 i, Nothing contained in the foregoing shall be wnsbued to this o-a(rsac0an originated they Iwnue evalablP remedies, df,j,e the BSUbIRhTerR of a system d records In order to including suspar don mi detlarrhord, antler in good faith the certficauon rewired by This clause. The onowedge and Information of the prospective participant c The prospective boar tat participant shall provide is not required to exceed that which Is normally possessed by immediate vmMen mace to the person to which tlis proposal is a prudent person in the wdlnary course of Wrinass dealings tutanmed it at any none the prospective lower tier participant learns that its Cermcabon was ermews by reason of j.Except for vansaaions autrorized under paragraph(1)of charged circumstances. these thstrucbms,it a participant m a covered tramacbon knatingly enters into a later tier covered transaction with a d.The foods;100Vered 4ansacbm,,"dmart04' parsonwhois suspended,debarred.Ineligible.a volmlanly -suspended.-Mtligida.`'partclpant--oerson"mnooal' toduded from pamcipabm in th¢transaction.in addition to and*vdi rdanly excluded,'as used in ors clause.are defined other ramedes avaiade to the Federal Govertvnent,the in 2 CFR Parts 180 and 1200. you may contact the person to depwament a agency may tenon site ties transaction for come which this proposal is aubdranod for absistashm in obtaining a or defauff copy of,rose regulation. 'First Tier Covered Transactahs' refers to any coveratl trmuacben bani a grantee or subgratee of Federal fads ON a paNdpant(such as the more or general contract). 'Lus er Tier Covered transactions' 2. Certification Regarding Debarment.Suspension. infers to any covered Iran88ctdn under a First Ter Covered Ineligibility and Voluntary Exclusion—First Tier TransaCion(such as subcontracts). 'Flat Tier Participant PRAIClpeofs: refers to fie particlpanl who has entered Into a covered transaction Win a grantee or sutgrantee of Federal funds a. The prospect,a first tier particpant candfas to the best M (suUh as the prime or general contractor). 'Lows Tier its lahouledge antl belief,that it and Its Ixincipalt: PaNcipani'reien any participant wlfn has entered into a covered transaction with a First Tier Participate or other Lower (1) Are not presently debased,suspended,proposed far Tier Participants(wch as subcontractors ant suppliets), dabarmem.declared inaligbla,or volmiar ly excluded from oadicipatng in covered transerems by my Federal a,The pmsp"live Iowa,Uer participant agrees by Morthrnard o agency: subthllting this proposal that,should the proposed car arad trarosaction be entered into,it shall not Mowngly enter into (2) i fave not vntJn a three-year period rearming this any lever tier covered transaction with a person with is propose been convicted of or had a dvil judgment rendered debarred,suspended,declared ineligible.a volontanly against thorn for connoession of fraud m a cordon;offense in excluded tom participation in mis covered trareseton unless mmecam with obtaining,attempttg to obtain,of portending authorized of the departrnem a agency wi Vh Mich this a public(Fedora,State or local)the s ictm or Contract under trarem.9on originated. a public transaction;violation of Federal or,Slate anbirust statutes or cormessim of embezzlement.that,forgery. f.The prospective bwor for parecipam further agrees by bribery,falsification or destruction of records,mai:irg false submitting this proposal that it vrill include this clause stied statements,or receiving stem properly, 'Certficaaon Regarding Debalmerm.Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Trans xtbori," (3) Are not presently inoctea for or othenwse Cominally or without modficatim,In at tower ter covered transactions and oviily charged by a governmental dotty(Federal.State or in all sdiclatons for 10mr tier covvod trareactiwnc exceeding local)rash commission of any of ton offenses enumerated in me S25,000 threshold. paragraph(a)(2)of this aubfcation;ant g.A partcipant in a covered transaction they rely upon a (4) Have not wMo a three-yaw palm aaceding this mdfcatm of a prrishonvo participant In a own,ter covered appheirti Nproposal had me or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)amhinated fix cause or default voluntarily excuded from the chverod mans action.uness it lo, i that vie certification is Bmonews.A participant is It Where Ife prospective participant is unable to cooly in responsible for msumg that its prnhopeh we rot suspended, any of the statements in INs ceNhcation,such prospective debarred.Or Melville Ineligible to pencipate in covered participant shall much an explanation to ten proposal bensactio s, Toverdy the digibility of ins principals,as sell as r me eligibility of any loom ter prospective pamapanis,each 2.Inatrmotbls for Certification-Lower Tier Participants: participant may,but is not required to,rhoci the Excluded PmAl,Jtdt System wabsite(hhll 'IMMW sans aovl).Mich Is (Applicable to all submntr9da,axchese orders and other compiled by the Goneral Services Admirestrmon lower ter frasactims requnng prior FI IWA approval or esbmated to cost S25.000 or more-2 CFR Paris 180 and h.Notierg contained in the foregolng shall be continued In 1200) require esu blisonent W a system of records in order to render in good faith It.cenlhcotm rewired by this douse.Tre a.By ognng and mttxnetng tars pmpnsal,me prospective to m4edge and information of participant is not mgorod to Imv ter is promdrg the"habitation set out teloer exceed Met Mich is normally possessed by a prudent person in Me adnary,coaae of business dealings, b The raridcafion In this dames it a mazarial representation of fact rpm wrtch reliance wet placed when this transaction I.Excent for transactions autronmd under paragraph o m uas entered into.If it is tatw determined that Ms prospective these insavcoons.it a participant In a tortured trmsacton Imwer bar participant Imcatengly rendered an moralism knoeingtV enters into a lower far covered transaction wch a certification,in addition to other remades available to the person who is suspended,debarred,ineligible,aveluntanly Federal Gmemmmt,the deparlmenf,or agency with WNch excluded fan paracipatm in thus transaction,in addition to other ternaries arnAmle to the Federal Government.the 10 Page 10 of 12 department or agency win which this transaction originated may Truni available remedies.includng suspercim aMlor debarmom. Certification Regarding Debarment,Suspension, . . Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower ter parliccanf Certifier.by sUtnllsvon of INS Moari that neither It nor its prnnpaL Is presently debarred.suspended:proposed for debarment. declared inelgible,or volumariy wouded from p awipabng in. covered transsctons by any Federal department or agency. 2.Where the prospective Ii ter perucgint N unable to CBNty w am.of me Statements in this owthcation,Such prospective pantopant Shall adach an eywhinatgn to Mis proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING Tits provision is applicable to all Federal-aid combuction contacts and to all related wbCnntracts Mich exceed 5100,000 f49 CFR 20) 1.The prospective participant cart(res,by signing and submdting INS bid or amposel,to ma best of Ns N her Imowiedge and belief,net: a.No Federal appropriated funs have been paid or will on paid,by or on behalf of Me undersigned.to any person for influencing or a temptlng to Influence an officer or employee of any Federal agency.a Member of Congrel an officer or ' employee at Congress,or an employee of a Member of Congress in connect in win Me awarang of any Federal coral Me making of any Federal grant,the making of any Federal loan,the enteflflg late of any copperplate agreement and me extension,conpnuation,ranewal,emendmem.or moailicebon of any Federal contrast,grant.loan,or ' cooperative agreement. b.If any halls other Man Federal aplxopnated Mds have been paid a will be paid to any person for influencing or attempting to influence an officer or employee of any Ferranti agaixy,a Member of Cmxyess,an officer or employee nl Congress.or an employee of a Member of Congress in mrmeceon win ays Federal contract,grant loan,or coaderabove agreement Me lnaerslgned shall complete anal submN Standard Form-LLL."Disclosure Form to Report Lobb}mg.-in accordance wiM as instrutom,. 2.This cendcabon is a material representation of fact upon which mllarce eras placed wren ths transaction eras mane nr enened into. Submission of Ills C6dificarol is a pnefequMe for malang or entering into Mis imnsaet in impose a by 31 U.S.0 1352, Any person who fails In file me required certification shot bar subject In a civil perelty of not less than SIODDO all rot more Man 5100.000 for each such failure. 3 The prospective partopant at.agrees by subnidng ins No or proposal Mel Me parlidlsant shelf require that Me language of Des caNLcatan be included in as Iower tier subcontracts.vdtich exceed 5100.000 and that all such transients shall certify and disclose adoorQnlgly, 1t Page 11 of 12 ATTACHMENT A.EMPLOYMENT AND MATERIALS 6 The contractor shall include the provisions of Sections PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of In*Atlachmml A in every submrtrect for wsxk HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or roasmably may be.done as mane von. ROAD CONTRACTS This provision is apokable to all Federal-aid projects funded under tie Appalachian Regional DAvelopnent All of 1965. 1.During Vie 11edOnnance of this contract,the cmirdCor undertaking to do vrok Ymtch M.or reasonably may be.done as an sgla work,shall give preference 0 Wouiloo persons who re gu ady reside in to labor area as designated by the DOL wherein fill contact work is siWated.or the subregion,or the Appalachian counties of the Stale wherein the contract wad is situated,except: a.To the anent that qualified persons regularly rosining in the area are not available. b.For the reasonable needs of cue contractor to employ supervisory or spetiatly expedmced bersomH necessary to assuae an sliciont execution of the contract work. c.For the migatim of hie contractor to offer employment to present a former employees as des resJI of a lawful coaecove bargaining contrac4,provided that the number of nonresident persons employed under this subparagraph(tc)shall not exceed 20 Percent of the wtal number of aro loyeas employed by Vie carincta mire""a work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the dassdtwems of the laborers,marhaNd and other employees required to Perfmn Me contract work,(b)the number of employees required in each alossificatim,(c)the date on whim the participant estimates such employees will be required,and(d)any corer pediment information required by the State Employment - ServicetocompleteMejoborderfoml. Thejmoudarmaybe placed with Me State Employment Service In writing or by telephone If doing the course of to contract work.the information submitted bythe contractor to tie anginal job order is substantially mWeed,the parucipam shall promptly notay Me State Employment Service. 3.The contractor"I give full consideration to all qualified jm applicants refined to hem by to State Employment Service. The contactor to not required to gram employment to my ton applicants who,In his opinion,are not qualified to perform me dassaicati0n 01 vodc required. 4.If,within one week following the placing of a job order by the contractor with me Stone Empbymml Service,the State Employmmem Seance is unable to refer any qualified job applicants to the moionor,or less tern the number requested,the State Employment Service will wrwaml a ormficate to the mmnrtor indicating Me unsociability of applicants. Such ceddtcato shall be made a pad of the contrao es permanent progecl retorts. Upm receipt of this certificate,ire mntracta may"play parsons void do nil iennaly reside In the labor area m rill pocieore covered by the certificate,mtvethstandng me prbAsions of subparagraph(ic) above. 5. The provisions of 23 CFR 633.20'i(e)allowte contacting agency to pro✓spe a con raconal preference la the us.of minical resm"maledals native to the Appalactian region, 12 Page 12 of 12 38. EXHIBIT K-1 — SUPPLEMENTAL FEDERAL PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of.2006 (FFATA), As Amended Revised as of 3-20-13 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions,the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1.Grants; 1.1.2.Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer.Act of 1986, as amended (15 U.S.C. 3710); 1.1.4.Loans; 1.1.5.Loan Guarantees; 1.1.6.Subsidies; 1.1.7.Insurance; 1.1.8.Food commodities; 1.1.9.Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. Award does not include: 1.1.12. Technical assistance,which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act(ARRA)of 2009 (Public Law 111-5). 1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in§1.1.1 through 1.1.11 above. 1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part,with Federal financial assistance,other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedoov.dnb.com/webform. I.S. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization,which is a State, local government, or Indian Tribe; Pagel of4 1.5.2.A foreign public entity; 1.5.3.A domestic or foreign non-profit organization; 1.5.4.A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non- Federal entity. 1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.7. "Federal Award Identification Number(FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by§6202 of Public Law 110-252. FFATA, as amended, also is referred to as the"Transparency Act." 1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. "Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.12. `Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data Universal Numbering System (DUNS)number that appears in the subrecipient's System for Award Management(SAM) profile, if applicable. 1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. "System for Award Management(SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at hftp://www.sam.gov. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.16.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights,,using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)(FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.16.4. Change in present value of defined benefit and actuarial pension plans; 1.16.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the Executive exceeds$10,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law.109-282), as amended by§6202 of Public Law 110-252. The Transparency Act Page 2 of 4 also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance.Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument.The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management(SAM)and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractors information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is$25,000 or more;and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement, contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or§ 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in§7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is$25,000 or more. If the initial Award is below .$25,000 but subsequent Award modifications result in a total Award of$25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is$25,000 or more, but funding is subsequently de-obligated such that the total award amount falls Page 3 of 4 below$25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number+ 4 if more than one electronic funds transfer(EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country; Zip +4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in§4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in SAM. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code +4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than$300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives_ 8.3 Effective October 1, 2010, "Award"currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. Page 4 of 4