HomeMy WebLinkAbout130215 BICYCLE COLORADO - CONTRACT - AGREEMENT MISC - BICYCLE COLORADO (2)SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Bicycle Colorado, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect until June
15, 2011, unless sooner terminated as herein provided.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
SA rev03/10
EXHIBIT C
January 9, 2009
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 EimV rc version —Mar 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
6. Selection of Labor. During the performance of this contract,
Page the contractor shall not:
I.
General.. .............. ............... ........................ I
II.
Nondiscrimination... . ..... __ ... ...... ................... 1
III.
Nonsegrated Facilities......................................3
IV.
Payment of Predetermined Minimum Wage..........3
V.
Statements and Payrolls...................................6
VI.
Record of Materials, Supplies, and Labor ..... .- ..... 6
VII.
GeneralSubletting or Assigning the Contract... ...... 7
Vill,
Safety: Accident Prevention...............................7
IX.
False Statements Concerning Highway Projects. ..7
X.
Implementation of Clean Air Act and Federal
Water Pollution Control Act..................... ........... 8
XI.
Certification Regarding Debarment, Suspension......
Ineligibility, and Voluntary Exclusion..................8
XII.
Certification Regarding Use of Contract Funds for...
Lobbying......................................................9
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on
the contract by the contractors own organization and with the
assistance of workers under the contractors immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may
in turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of
the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V. paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of
this contract. Such disputes shall be resolved in accordance with
the procedures of the U.S. Department of Labor (DOL) as set forth
in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
Include disputes between the contractor (or any of its
subcontractors) and the contracting agency. the DOL, or the
contractor's employees or their representatives.
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in
Attachment A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
nity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, execu-
tive orders, rules. regulations (28 CFR 35, 29 CFR 1630 and 41
CFR 60) and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23 U.S.C.
140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract.
The Equal Opportunity Construction Contract Specifications set
forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under
28 CFR 35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees to
comply with the following minimum specific requirement activities
of EEO:
a. The contractor will work with the State highway agency (SHA)
and the Federal Government in carrying out EEO obligations and
in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"II is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
color, national origin, age or disability. Such action shall
include: employment, upgrading, demotion, or transfer;
recruitment or recuilment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to
the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active contractor program of EEO and who must
be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of and will implement, the contractors EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions wilt be taken as a minimum:
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
a. Periodic meetings of supervisory and
personnel office employees will be conducted before
the start of work and then not less often than once
every six months, at which time the contractors EEO
policy and its implementation will be reviewed and
explained. The meetings will be conducted by the
EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractors EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractors
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractors EEO policy
will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contractor
will identity sources of potential minority group employees, and
establish with such identified sources procedures whereby minority
group applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractors compliance with EEO contract
provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such imple-
mentation violates Executive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer
minority group applicants for employment. Information and
procedures with regard to referring minority group applicants will
be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employ-
ee benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
January 9, 2009
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimi-
nation. Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
J. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plaints, and will lake appropriate corrective action within a reason-
able time. If the investigation indicates that the discrimination may
affect persons other than the complainant, such corrective action
shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of
his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractors work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs fbr the geographical area of contract
performance. Where feasible. 25 percent of apprentices or
trainees in each occupation shall be in their first year of appren-
ticeship or training. In the event a special provision for training is
provided under this contract, this subparagraph will be superseded
as indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use hismer best
efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and
to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractor's association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in cooperation
with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
January 9,2009
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
b. The contractors will submit an annual report to the SHA each
d. In the event the union is unable to provide the
contractor with a reasonable flow of minority and
women referrals within the time limit set forth in the
collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the
employment vacancies without regard to race, color,
religion, sex, national origin, age or disability, making
full efforts to obtain qualified and/orqualifiable
minority group persons and women. (The DOL has
held that it shall be no excuse that the union with
which the contractor has a collective bargaining
agreement providing for exclusive referral failed to
refer minority employees.) In the event the union
referral practice prevents the contractor from meeting
the obligations pursuant to Executive Order 11246,
as amended, and these special provisions, such
contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor Shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction firms
from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reason-
able times and places for Inspection by authorized representatives
of the SHA and the FHWA.
a. The records kept by the contractor shall document the
fallowing:
(1) The number of minority and non-mmonly group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities for
minorities and women,
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female employees;
and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
July for the duration of the project, Indicating the number of
minority, women, and non-mmonty group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on -the -
job training is being required by special provision, the contractor
will be required to collect and report training data.
ill. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agree-
ment or purchase order, as appropriate, the bidder, Federal -aid
construction contractor. subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide
for its employees any segregated facilities at any of its establish-
ments, and that the firm does not permit its employees to perform
their services at any location, under its control, where segregated
facilities are maintained. The firm agrees that a breach of this
certification is a violation of the EEO provisions of this contract.
The firm further certifies that no employee will be denied access to
adequate facilities on the basis of sex or disability.
b. As used in this certification, the term 'segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, limeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive. or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled
parking).
c. The contractor agrees that it has obtained or will obtain identical
certification from proposed subcontractors or material suppliers
poor to award of subcontracts or consummation of material supply
agreements of S10.000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor untler the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereol) due at time
of payment. The payment shall be computed at wage rates not
less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics.
The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all limes by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can
be easily seen by the workers. For the purpose of this Section,
January 9, 2009
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
contributions made or costs reasonably anticipated for bona fide Said Administrator, or an authorized representative, will issue a
fringe benefits under Section l(b)(2) of the Davis -Bacon Act (40 determination within 30 days of receipt and so advise the
U.S.C. 276a) on behalf of laborers or mechanics are considered contracting officer or will notify the contracting officer within the 30-
wages paid to such laborers or mechanics, subject to the provi- day period that additional time is necessary
sions of Section IV, paragraph 3b, hereof. Also, for the purpose of
this Section, regular contributions made or costs incurred for more e. The wage rate (including fringe benefits where appropriate)
than a weekly period (but not less often than quarterly) under determined pursuant to paragraph 2c or 2d of this Section IV shall
plans, funds, or programs, which cover the particular weekly be paid to all workers performing work in the additional
period, are deemed to be constructively made or incurred during classification from the first day on which work is performed in the
such weekly period. Such laborers and mechanics shall be paid classification.
the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, 3. Payment of Fringe Benefits:
without regard to skill, except as provided in paragraphs 4 and 5 of
this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the following
criteria have been met:
(1) the work to be performed by the additional classification
requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination: and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Stan-
dards Administration, Washington, D.C. 20210. The Wage and
Hour Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within
30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30-day period that additional time
is necessary.
d. In the event the contractor or subcontractors, as appropriate,
the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting
officer, to the Wage and Hour Administrator for determination.
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or
subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secre-
tary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been
met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations
under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined fate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if
a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program.
who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any employee listed on
a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than
the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any appren-
tice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed. Where a contractor or subcontractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (ex-
pressed in percentages of the journeyman -level hourly rate)
specified in the contractor's or subcontractors registered program
shall be observed.
(3) Every apprentice must be paid at not less
than the rate specified in the registered program for
the apprentice's level of progress, expressed as a
percentage of the joumeyman-level hourly rate
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage
determination for the applicable classification. If the
Administrator for the Wage and Hour Division
determines that a different practice prevails for the
applicable apprentice classification, fringes shall be
paid in accordance with that determination.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the comparable
work performed by regular employees until an acceptable program
is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evi-
denced by formal certification by the OOL, Employment and
Training Administration.
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not regis-
tered and participating in a training plan approved by the Employ.
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica-
tion of work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio pennitted under the
registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman -level hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -level wage rate on
the wage determination which provides for less than full fringe
benefits for apprentices, in which case such trainees shall receive
the same fringe benefits as apprentices.
(4) In the event the Employment and Training Administration
withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance proce-
dure set forth in Section IV.2. Any worker listed on a payroll at a
helper wage rate, who is not a helper under a approved definition,
January 9, 2009
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -
aid highway construction programs are not subject to the require-
ments of paragraph 4 of this Section IV. The straight time hourly
wage rates for apprentices and trainees under such programs will
be established by the particular programs. The ratio of apprentices
and trainees to journeyman shall not be greater than permitted by
the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract
or any other Federal contract with the same prime contractor, or
any other Federally -assisted contract subject to Davis -Bacon
prevailing wage requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working
on the site of the work, all or part of the wages required by the
contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate
not less than one -and -one-half times his/her basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
8. violation:
Liability far Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory) for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer, mechanic, watchman, or
guard employed in violation of the clause set forth in paragraph 7,
in the sum of $10 for each calendar day on which such employee
was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed
by the contractor or subcontractor under any such contract of any
other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para-
graph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2.000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at
the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B) of
the Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. In addition, for Appala-
chian contracts. the payroll records shall contain a notation indicat-
ing whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the
Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in Section 1(b)(2)(B) of the
Davis Bacon Act, the contractor and each subcontractor shall
maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, [hat the plan or program has been communicated in
writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates
prescribed in the applicable programs.
C. Each contractor and subcontractor shall furnish, each week in
which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll submitted
shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V.
This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number 029-
005-0014-1). U.S. Government Printing Office, Washington, D.C.
20402. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors.
January 9,2009
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or subcon-
tractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the follow-
ing:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations,
29 CFR 3;
(3) that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent for
the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject
the contractor to civil or criminal prosecution under 18 U.S.C. 1001
and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such repre-
sentatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the required
records or to make them available, the SHA, the FHWA, the DOL.
or all may, after written notice to the contractor, sponsor, applicant,
or owner, take such actions as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings. those which are constructed
on a force account or direct labor basis, highway beautification
contracts, and contracts for which the total final construction cost
for roadway and bridge is less than $1.000,000 (23 CFR 635) the
contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA47,'Statement of Materials and
Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this
contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
required in paragraph lb relative to materials and supplies, a final
January 9,2009
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
labor summary of all contract work indicating the total hours or dangerous to his/her health or safety, as determined under
worked and the total amount earned, construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform win its own organization contract
work amounting to not less than 30 percent (or a greater percent-
age if specified elsewhere in the contract) of the total original
contract price, excluding any specialty items designated by the
State. Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount
of work required to be performed by the contractor's own organiza-
tion (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items' shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are
to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract require-
ments, and is In charge of all construction operations (regardless of
who performs the work) and (b) such other of its own
organizational resources (supervision, management, and engineer-
ing services) as the SHA contracting officer determines is neces-
sary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and
requirements of the prime contract.
Vlll. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the SHA contract-
ing officer may determine, to be reasonably necessary to protect
the life and health of employees on the job and the safety of the
public and to protect property in connection with the performance
of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary
under Section 107 of the Contract Work Hours and Safety
Standards Ad (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice shall be posted on each Federal -aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, bein g an officer, ag ent, or am ployee of the United
States, or of any State or Temto ry, or whoever, whether a person,
association, fir m, o rcorpor ation, knowingly in akes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or fh e
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the sub mission of plans, in aps,
specifications, contracts, or co sts of construction on any highway
or related pr gect subm itted for approval to the Secretary o I
Transportation; or
Whoever knowingly makes any false statement,
false representation, false report or false claim with
respect to the character, quality. quantity, or cost of arty
work performed or to be performed, or materials
furnished or to be furnished, in connection with the
construction of any highway or related project approved
by the Secretary of Transportation, or
Whoever knowingly makes any false statement or
false representation as to material fact in any statement,
certificate, or report submitted pursuant to provisions of
the Federal -aid Roads Act approved July 21, 1916, (39
Stat. 355). as amended and supplemented;
Shall be fined not more than $10,000 orimprisoned
not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more.)
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 e) sec., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et sea., as amended by Pub.L. 92-500),
Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed, on the date of contract award, on the
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20,
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the BHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of Violating
Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such require-
ments.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a- By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall disquali-
fy such a person from participation in this transaction.
c. The certification in this clause is a material representation of
fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction;' "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "volun-
tarily excluded," as used in this clause, have the meanings set out
January 9, 2009
in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or
agency to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
I. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifi-
cation Regarding Debarment, Suspension, Ineligibility and Volun-
tary Exclusion -Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction,
without modification. in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals.
Each participant may. but is not required to, check the nonprocure-
ment portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement
List) which is compiled by the General Services Administration.
1. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
I. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion —Primary Covered Transactions
1. The prospective primary participant certifies t0 the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal been
convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
Slate or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
C. Are not presently indicted for or othervlse criminally or civilly
charged by a governmental entity (Federal, Slate or local) with
commission of any of the offenses enumerated in paragraph Ito of
this certification; and
January 9, 2009
REQUIRED CONTRACT PROVISIONS,f,%+A '5�',t,
FEDERAL -AID CONSTRUCTION CONTRACTSs: T'
% /xZ.
d. Have not within a 3-year period preceding this applica.
ticNproposal had one or more public transactions (Federal, State L�i?Exoeplt for stransechans,authorized under paragraph a of
or local) terminated for cause or default. thesei'instrudbons Irf�a3'participant in a covered transaction
knovngly ^enters''Into'a..lower tier covered transaction with a
2. Where the prospective primary participant is unable to certify persbriAwho slauspehded;!aebarred, ineligible, or voluntarily
to any of the statements in this certification, such prospective excluded.from'partiixpabori',In'�ftiis transaction, in addition to other
participant shall attach an explanation to this proposal. remedies available'2o-lhe'Federal Government, the department or
a -
agencya,wllh�;wtiicfY'lhisft(an section originated may pursue
avail'stile'remedies, including'suspension and/or debarment.
2. Instructions for Certification - Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
C. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant,' "person,"
"principal" "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the
Nonprocurement List.
In. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The
knowledge and information of participant is not required to exceed
that which is normally possessed by a prudent person in the
ordinary course of business dealings.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission
of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligi-
ble, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS
FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employ-
ee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making
or any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continua-
tion, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
In. If any funds other than Federal appropriated funs have
been paid or will be paid to any person for influencing or attempt-
ing to influence an officer or employee of any Federal agency, a
Member of Congress. an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Farm-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C.
1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or
her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Bicycle Colorado
Attn: Purchasing
Attn: Matthew Wempe
Attn: Jenna Berman
PO Box 580
PO Box 580
1525 Market Street, Suite 100
Fort Collins, CO 80522
Fort Collins, CO 80522
Denver, CO 80202
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Thirty One Thousand Five
Hundred Dollars ($31,500.00).
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
I
this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City-
2
SA rev03/10
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
3
SA rev03/10
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1)
page, attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
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16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
V
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
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1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit C — Required Contract Provisions for
Federal - Aid Construction Contracts, consisting of nine (9) pages, attached hereto and
incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
B:
Ja s . O'Neill II, CPPO, FNIGP
Dire of Purchasing and Risk Management
Date:
Bicycle Colorado
By:1dcac
f -) fiVAV\ 6: CAP r v\16t M
PRINT NAME
CORPORATE PRESIDENT OR V✓1 E PRESIDENT
Date: 5 / aLf h a'01 U
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT A
SCOPE OF SERVICES
Bicycle Colorado will conduct pedestrian and bicycle education classes as part of the
Fort Collins Safe Routes to School program.
A. Bicycle Colorado will conduct the classes at the following schools: Riffenburgh
Elementary School, Zach Core Knowledge School, Olander School for Project -Based
Learning, Kruse Elementary School, Shepardson Elementary School, and Blevins
Middle School.
B. Bicycle Colorado is responsible for scheduling classes directly with the school principal
or designated representative. The City must be copied on all communication with a
school.
C. Bicycle Colorado is responsible for registering all instructors and/or volunteers with the
Poudre School District Partnership Center prior to teaching any classes in compliance
with PSD regulations. Bicycle Colorado will provide the City a list of registered
individuals one week in advance of any scheduled classes.
D. Bicycle Colorado will utilize the Bicycle Colorado Safe Routes to School education
curriculum. The program, at a minimum, will include:
a. Proper bicycle helmet fitting
b. Bicycle and pedestrians laws, rights, and responsibilities
c. A-B-C bicycle quick check
d. Practical pedestrian practice and on -bike bike safety course
E. Bicycle Colorado is responsible for providing all classroom and bike safety course
materials. Classroom and bike safety course materials include presentation boards,
bicycle helmets, bicycles, and hazard cones.
2. The City is responsible for developing and distributing a post -program evaluation after
completing pedestrian and bicycle education classes and train the trainers program at a
school. The evaluation will be given to school staff responsible for coordinating the
classes with Bicycle Colorado. The evaluation forms will be directly returned to the City
by school staff. Evaluation results will be shared with Bicycle Colorado by the City within
30 days of receipt.
3. The City of Fort Collins will compensate Bicycle Colorado in an amount not to exceed
$31,600.00 for work performed during the 2010-11 school year. Payments to Bicycle
Colorado will be made after the work outlined in the scope of work is performed and the
invoice approved by the City. The invoice shall meet the following two criteria:
A. Fulfills Colorado Department of Transportation invoicing requirements for the federal
Safe Routes to School program.
B. Consistent with the grant scope of work and City of Fort Collins service agreement.
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500.000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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