HomeMy WebLinkAboutPeterson Contractors Inc-8/20/2012FA96 (Form 650019)
05-12
CONTRACT
Letting Date: July 17, 2012 Contract ID: 07-8155-723
County: BLACK HAWK Project Engineer: CITY OF WATERLOO
Cost Center: 849300 Object Code: 890
Contract Work Type: PCC SIDEWALK/TRAIL
Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
Bid Order No.: 102
DBE Commitment $0.00
This agreement made and entered by and between the CITY OF WATERLOO CONTRACTING AUTHORITY,
AND
PETERSON CONTRACTORS INC. OF REINBECK, IA, (PE320), CONTRACTOR
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications,
the plan, if any, for project(s) listed below, together with Contractor's performance bond, are made a part hereof
and together with this instrument constitute the contract. This contract contains all of the terms and conditions
agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting
Authority under date of 07/12/2012
PROJECT: STP -E -8155(723)--8V-07 COUNTY: BLACK HAWK
WORK TYPE: PCC SIDEWALK/TRAIL ACCOUNTING ID: 30034
ROUTE: WASHINGTON STREET LENGTH (MILES): 0.25
LOCATION: IN THE CITY OF WATERLOO, BETWEEN PARK STREET AND 4TH STREET
FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT
The specifications consist of the Standard Specifications for Highway and Bridge Construction, Series 2009
of the Iowa Department of Transportation plus the following Supplemental Specifications, Special Provisions, and
addendums: DBE --2012, DBE -120717, FHWA-1273.04, GS -09005, IA12-1.1,
SP -097047, SP -097048, ADDENDUMS: 17JUL102.A01
Contractor, for and in considerations of $90,496.10 payable as set forth in the specifications constituting
a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in
accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac-
tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5
(Public Registration Number), if applicable.
In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor-
ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the
specifications.
It is further understood and agreed that the above work shall also be commenced or completed in accordance
with Page 1B of this Contract and assigned Proposal Notes.
To ac .sh the purpose herein expressed, the Contracting authority and Contractor have signed this and one
o rid ical instruuu en'
Contractor (if joint venture)
87((t9Ol
By �—/��/ Contracting Authority Contract Award
Iowa DOT Concurrence
For Local Agency Contracts Concurrence Date
FB9B (Form 6500191
11-05
Letting Date:
July 17, 2012 Contract ID:
07-8155-723
Page: 1B
Bid Order No. : 102
It is further understood and agreed that the above work shall be commenced or completed in accordance with
the following schedule:
SITE
NUMBER
CONTRACT PERIOD
/SITE DESCRIPTION
LIQUIDATED
DAMAGES
CONTRACT LATE START DATE 09/10/2012 30 WORKING DAYS
CONTRACT NOTES
$600.00
CONTRACT SCHEDULE OF PRICES Page: 2
********************************************************************************
Vendor No.: PE320
Contract ID No.: 07-8155-723
Primary Work Type: PCC SIDEWALK/TRAIL
Primary County: BLACK HAWK
Bid Order No.: 102
Letting Date: July 17, 2012
10:00 A.M.
Item I Unit Price I Bid Amount
Line I Item Number I Quantity
No I Item Description I and Unit I Dollars I Cts I Dollars (Cts
SECTION 0001 ROADWAY ITEMS
12101-0850002 CLEARING 1 1
0010 IAND GRUBBING 1 1.0001 500.000001 500.00
IUNIT 1 I
12102-2710070 EXCAVATION, 1 I I
0020 ICLASS 10, ROADWAY AND 1 162.8001 30.000001 4,884.00
(BORROW ICY
12105-8425015 TOPSOIL, 1 1
0030 (STRIP, SALVAGE AND 1 61.0001 35.000001 2,135.00
(SPREAD ICY 1
12107-0875000 COMPACTION I I I
0040 (WITH MOISTURE AND 1 122.1001 5.000001
(DENSITY CONTROL ICY I 1
610.50
12115-0100000 MODIFIED 1 1 1
0050 (SUBBASE 1 122.1001 35.000001 4,273.50
ICY 1 I
12401-6750001 REMOVALS, 1 1 I
0060 1AS PER PLAN ILUMP ILUMP 1 10,500.00
I 1 1
12511-7526004 SIDEWALK, P.1 1
0070 IC. CONCRETE, 4 IN. 1 570.0001 32.350001 18,439.50
ISY 1 I
12528-8445110 TRAFFIC I I 1
0080 1CONTROL ILUMP ILUMP 1 3,000.00
I I I I
12533-4980005 1 1 1
0090 (MOBILIZATION ILUMP ILUMP 1 9,000.00
I 1 1 I
12599-9999005 ('EACH' 1 1 1
0100 IITEM) INTERPRETIVE 1 3.0001 1,500.000001 4,500.00
(LIMESTONE COLUMN ON (EACH 1 1
(CONCRETE FOOTING 1 1 1
CONTRACT SCHEDULE OF PRICES Page: 3
********************************************************************************
Vendor No.: PE320 Bid Order No.: 102
Contract ID No.: 07-8155-723 Letting Date: July 17, 2012
Primary Work Type: PCC SIDEWALK/TRAIL 10:00 A.M.
Primary County: BLACK HAWK
I Item I Unit Price Bid Amount
Line I Item Number Quantity I
No 1 Item Description and Unit I Dollars 1 Cts 1 Dollars 'Cts
12599-9999005 ('EACH' 1 I
0110 (ITEM) LIMESTONE BENCHES 1 4.0001
I(1.5H X 1.5W X 4L) EACH
1,500.000001 6,000.00
12599-9999010 ('LUMP SUM' I I
0120 IITEM) CONCRETE BASE FOR (LUMP ILUMP
'EXISTING SCULPTURE
4,200.00
12599-9999010 ('LUMP SUM' I I
0130 IITEM) CONCRETE BASE FOR (LUMP ILUMP
'NEW SCULPTURE I I
4,000.00
12599-9999010 ('LUMP SUM' 1 I
0140 (ITEM) RELOCATION OF 'LUMP ILUMP
'EXISTING SCULPTURE & 1
(PLAQUES 1 I
2,500.00
12599-9999014 ('SQUARE 1 I
0150 IFEET' ITEM) BRICK 1 1,462.0001
'PAVERS (4 IN. X 8 IN. ISF
(CLAY) 1
10.300001 15,058.60
12601-2636044 SEEDING AND 1 1
0160 'FERTILIZING (URBAN) 1 0.1001 8,950.000001
IACRE 1 I
895.00
'TOTAL BID 1 90,496.10
Addendum
Iowa Department of Transportation Date of Letting: July 17, 2012
Office of Contracts
Date of Addendum: July 12, 2012
B.O.
Proposal ID
Proposal Work
Type
County
Project Number
Addendum
102
07-8155-723
PCC Sidewalk /
Trail
BLACK
HAWK
STP -E -8155(723)--8V-07
17JUL102.A01
Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any
potential subcontractors or suppliers remains with the proposal holder.
Replace Article 2511.03, B, 1, with the following:
Widths shown in contract documents are minimums, excluding curbs or flares.
The contract documents will contain sheets for construction of curb ramps, turning spaces, and
transitions. Measure or stake as required to construct features. If either of the following is met,
Engineer will provide staking for that quadrant and verify slopes during finishing:
• Running Slope. Tolerance between design slope and maximum allowable slope is less
than 1.0%.
• Cross Slope and Turning Space Slopes. Tolerance of±0.5% from design slope would
exceed minimum or maximum allowable slope.
If adequate construction tolerances are allowed, Engineer will not provide staking for
construction of sidewalk or recreation trail. If field adjustments outside the acceptable range
indicated in the contract documents are necessary, notify the Engineer prior to construction.
At locations other than curb ramps, turning spaces, and transitions, ensure cross slope is between
0.5% and 2.0%. Ensure grade is within approximately 2% steeper than profile grade of adjacent
roadway, or does not exceed 5.0%, whichever is steeper.
Install detectable warnings according to manufacturer's recommendations. Install detectable
warnings for full width of curb ramp, excluding curbs and flares.
Note: The changes shown above are classified as Addendum level per Article 1105.04,
CONFORMITY WITH AND COORDINATION OF THE CONTRACT DOCUMENTS. If
there are any discrepancies between any contents of the contract documents, the changes shown
above shall govern.
Page 1 of 1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Govemmentwide Suspension and
Debarment Requirements
Xl. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference fpr work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractors
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
1
FHWA-1273 — Revised May 1, 2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
I1. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the CMI Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
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 provisions of the Americans with 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 contracting agency and
the Federal Govemment to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
it 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
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program 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 contractor's 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 will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's 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 contractor's 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
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's 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 minorities and women 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 minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
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, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee 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.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. 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.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable 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 their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
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will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term °facilities° includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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 issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
A
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided In 29 CFR 5.5(a)(4). 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.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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.
(3) In the event the contractor, the laborers or mechanics
to be employed in the 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. The Wage and Hour Administrator, or an
authorized representative, will issue a determination 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. 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
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as 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 Secretary 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.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
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, so
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 contracting agency
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.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of 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. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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 -
5
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH -347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages eamed, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages eamed, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action 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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to joumeymen 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 worker 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 on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the joumeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
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 joumeymen hourly
rate 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 determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
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, evidenced by formai certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the joumeyman 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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of
apprentices, trainees and joumeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. 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 requirements 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
joumeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Fomi FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
•
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Govemment contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Govemment contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.G. 1001.
7
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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 or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or 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 paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. 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 organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
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 or propose 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 VI 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 fumish (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
requirements, 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
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
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
contracting agency has assured that each subcontract is
0
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T his pro v i s i o n is applicable to all Federal -aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
goveming 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 contracting 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 or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
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 Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T his p r o v i s i o n is applicable to all Federal -aid
construction contracts and to all related subcontracts.
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 concemed
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation 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, Form FHWA-1022 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 concemed
with the project:
18 U.S.C. 1020 reads as follows:
6
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1: Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. 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 Govemment, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State 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;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a govemmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
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
4n
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
leams that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
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 exceeding
the $25,000 threshold.
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
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate In covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (httos://www.epls.00v/), which is
compiled by the General Services Administration.
h. 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 e 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 with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion—Lower Tier
Participants:
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 ineligible, or voluntarily excluded from participating in
covered transactions 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.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is 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
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
11
PREDETERMINED WAGE RATE IA12-1.1
General Decision Number: IA 120001 01/06/2012 IA1
Superseded General Decision Number: IA20100001
State: Iowa
Construction Types: Heavy and Highway
Counties: Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Black Hawk, Boone,
Bremer, Buchanan, Buena Vista, Butler, Calhoun, Carroll, Cass, Cedar, Cerro Gordo, Cherokee,
Chickasaw, Clarke, Clay, Clayton, Clinton, Crawford, Dallas, Davis, Decatur, Delaware, Des
Moines, Dickinson, Dubuque, Emmet, Fayette, Floyd, Franklin, Fremont, Greene, Grundy,
Guthrie, Hamilton, Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson,
Jasper, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Lucas, Lyon, Madison,
Mahaska, Marion, Marshall, Mills, Mitchell, Monona, Monroe, Montgomery, Muscatine,
O'Brien, Osceola, Page, Palo Alto, Plymouth, Pocahontas, Polk, Pottawattamie, Poweshiek,
Ringgold, Sac, Shelby, Sioux, Story, Tama, Taylor, Union, Van Buren, Wapello, Warren,
Washington, Wayne, Webster, Winnebago, Winneshiek, Woodbury, Worth and Wright Counties
in Iowa.
STATEWIDE EXCEPT SCOTT COUNTY HEAVY CONSTRUCTION PROJECTS
(Does not include work on or pertaining to the Mississippi or Missouri Rivers or on Water and
Sewage Treatment Plants), AND HIGHWAY PROJECTS (does not include building structures
in rest areas)
Modification Number Publication Date
0 01/06/2012
1 03/16/2012
* SUIA2002-003 04/28/2011
CARPENTERS AND PILEDRWERMEN: Rates Fringes
ZONE 1 23.92 9.28
ZONE 2 21.83 9.28
ZONE 3 21.83 9.28
ZONE 4 20.80 7.50
ZONE 5** 20.25 6.10
CONCRETE FINISHER:
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ELECTRICIANS: (STREET AND HIGHWAY LIGHTING
AND TRAFFIC SIGNALS)
ZONE 1, ZONE 2, AND ZONE 3
ZONE 4
ZONE 5
IA 100001 - 1
21.77
21.77
21.77
19.55
17.95
20.55
19.25
17.00
6.50
6.50
6.50
4.95
5.50
5.20
5.20
5.20
PREDETERMINED WAGE RATE 1Al2-1.1
IRONWORKERS: (SETTING OF STRUCTURAL STEEL)
ZONES 1 AND 2 25.05 7.45
ZONE 3 24.75 7.75
ZONE 4 20.65 6.60
ZONE 5** 20.25 6.10
LABORERS: Rates Fringes
ZONE 1 AND ZONE 2
GROUP AA 20.56 7.60
GROUP A 19.76 7.60
GROUP B 17.88 7.60
GROUP C 14.65 7.60
ZONE 3
GROUP AA 20.56 7.60
GROUP A 19.76 7.60
GROUP B 17.88 7.60
GROUP C 14.65 7.60
ZONE 4
GROUP A 16.90 7.60
GROUP B 15.58 7.60
GROUP C 12.70 7.60
ZONE 5
GROUP A 17.55 5.90
GROUP B 14.80 5.90
GROUP C 14.20 5.90
POWER EQUIPMENT OPERATORS:
ZONE 1
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 2
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 3
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 4
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 5
GROUP A
IA100001 - 2
26.30 12.90
24.70 12.90
22.20 12.90
22.20 12.90
25.55 12.90
23.95 12.90
21.40 12.90
21.40 12.90
26.70 14.20
24.90 14.20
23.90 14.20
23.90 14.20
25.50 7.85
24.36 7.85
22.28 7.85
22.28 7.85
22.07 6.20
PREDETERMINED WAGE RATE
GROUP B
GROUP C
GROUP D
21.03
19.70
18.70
IA12-1.1
6.20
6.20
6.20
TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON)
ZONE 1 19.25 9.50
ZONE 2 19.25 9.50
ZONE 3 19.25 9.50
ZONE 4 19.30 5.20
ZONE 5 17.35 5.20
ZONE DEFINITIONS
ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County
Carpenters only.
ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except
Carpenters.
ZONE 3 The Cities of Burlington, Clinton, Fort Madison, Keokuk, and Muscatine (and
abutting municipalities of any such cities).
ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion
Counties; Clinton County (except the City of Clinton), Johnson County,
Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee
County and Des Moines County.
ZONE 5 All areas of the state not listed above.
LABORER CLASSIFICATIONS - ALL ZONES
GROUP AA - Skilled pipelayer (sewer, water and conduits) and tunnel laborers (zones 1, 2 and
3).
GROUP A - Carpenter tender on bridges and box culverts; curb machine (without a seat); deck
hand; diamond & core drills; drill operator on air tracs, wagon drills and similar drills; form
setter/stringman on paving work; gunnite nozzleman; joint sealer kettleman; laser operator;
pipelayer (sewer, water, and conduits) Zone 4 & 5; powderman tender; powderman/blaster; saw
operator; tunnel laborer (zones 4 and 5).
GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain
sawman; compressor (under 400 cfm); concrete finisher tender; concrete processing materials
and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors;
form line expansion joint assembler; form tamper; general laborer; grade checker; handling and
placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing
temporary traffic control devices; jackhammerman; mechanical grouter; painter (all except
stripers); paving breaker; planting trees, shrubs and flowers; power broom (not self-propelled);
power buggyman; rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching;
sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned
concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and
IA 100001 - 3
PREDETERMINED WAGE RATE IA12-1.1
tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman;
underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk
behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work
from bosun chair.
GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES
GROUP A - All terrain (off road) forklift, Asphalt breakdown roller (vibratory); Asphalt
laydown machine; asphalt plant; Asphalt screed; bulldozer (fmish); central mix plant; concrete
pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above);
dragline and power shovel; dredge engineer; excavator (over 1/2 cu. yd.); front end loader (4 cy
and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor
grader (finish); push cat; rubber tired backhoe (over 1/2 cu. yd.); scraper (12 cu. yd. and over or
fmish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete
paver; tow or push boat; trenching machine (Cleveland 80 or similar).
GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle;
Asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete
curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less
than 60,000 (lbs) pullback); distributor; excavator (1/2 cu. yd. and under); form riding concrete
paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling
machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired
backhoe (1/2 cu. yd. and under); scraper (under 12 cu. yd.); screening, washing and crushing
plant (mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over);
subgrader or trimmer; trenching machine; water wagon on compaction.
GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm
type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor
grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well
points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot
blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted
post driver.
GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor
(under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants;
mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch
diameter); tree chipping machine; truck crane driver/oiler.
**CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5)
Setting of structural steel; any welding incidental to bridge or culvert construction; setting
concrete beams.
WELDERS: Receive rate prescribed for craft performing operation to which welding is
incidental.
IA100001 - 4
rums 1 pi10 1,01.141
olowa Department of Transportation
CONTRACTOR'S BOND
Bond Number. 105775826
Proposal I.D.: 07-8155-723
County: Black Hawk
KNOW ALL PERSONS BY THESE PRESENTS: That we, Peterson Contractors, Inc.
of Reinbeck, IA
(hereinafter called the Principal) and Travelers Casualty and Surety Company of America
of Hartford, CT (hereinafter called the Surety) are held and firmly bound unto the
City of Waterloo (hereinafter called the Contracting Authority) Iowa, In the penal sum*
(Iowa DOT, County, or City name, etc.)
of Ninety Thousand Four Hundred Ninety Six Dollars and 10/100 dollars ($ 90,496.10
Iawfu� money of the United States, to the payment of which sum, well and truly to be made, we bind ourselves, our executors,
administrators, successors, and assigns Jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT whereas the above bounden Principal did on
the day of , 2012 enter into a written contract with the Contracting Authority to perform
PCC Sidewalk/Trail as called for Letting July 17, 2012, Project: STP -E-8155 (723) —8V 07
Copy of which contract, together with all of its terms, covenants, conditions, and stipulations, Is incorporated herein and made a part hereof as fully
and completely as If said contract were recited at length; and whereas, the principal and sureties on this bond hereby agree to pay all persons, firms,
or corporations having contracts directly with the principal or with subcontractors, all Just claims due them for labor performed or materlals furnished, In
the performance of the contract on account of which this bond Is given, when the same are not satisfied out of the portion of the contract price which
the public corporation Is required to retain until completion of the public Improvements, but the principal and sureties shall not be liable to said
persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided
by law.
Now, if the principal shall In all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands
incurred for the same, and shall fully indemnify and save harmless the Contracting Authority from all costs and damages which it may suffer by reason
of failure to do so and shall fully reimburse and repay the Contracting Authority all outlays and expense which It may Incur in making good any such
default, then the obligation Is to be vold and of no effect: otherwise to remain In full force and effect. Every surety on this bond shall be deemed and
held, any contract to the contrary notwithstanding, to consent without notice:
1. To any extension of time to the contractor In which to perform the contract.
2. The the bond shall remain In full force and effect until the contract Is completed within the specified contract period, within an
extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being
charged against the contractor.
3. To any change In the plans, specifications, or contract, when such change does not involve an increase of more than 20
percent of the total contract price, and shall then be released only as to such excess Increase.
4. That no provision of this bond or of any other contract shall be valid which limits to less than five years from the completion of the
contract the right to sue on this bond for defects In work quality or material not discovered or known to the Contracting Authority
at the time such work Is accepted.
This bond Is to be considered a performance bond and secures the Contracting Authority the right to recover from the contractor on account of
material or labor entered Into the work or work performed not In accordance with the contract, specifications, or plans. The contractor does not by this
obligation guarantee to maintain the work for five years.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ! day of , 2012
Pet on ntractors, In
By:
Ipal
By:
otde,A 0.-96-erw, p eld nt
Title
Trave - ' Cas l Ity and Surety Company of America
Surety
A e ''!'' er Attorney -in -Fact
Principal
Title
By:
Surety
Title
Address: One Tower Square, Hartford, CT 06183 Address:
Title
For contracts where a County Board of Supervisors is the Contracting Authority:
This bond approved by the
(Board of Supervisors of)
County, this day of
Chairperson (Signature)
For contracts where the DOT nor a County Board of Supervisors Is the Contracting Authority:
This bond `proved by the
tl_
City of Waterloo
(Contractinng12 ority)
day of
y Title/Signature
DISCLOSURE STATEMENT FOR CONTRACTOR'S PERFORMANCE BONDS
The Information requested will be used by the Iowa Department of Transportation to determine If a conkactortvendor Is bonded In accord MUM° a requirements established by
the contractng authority. This secures the IDOT andlor the State of Iowa the right to recover from the conhactorlvendor 11 material orlabor entered Into the work performed is
not In accord with the contract, specifications, or plans. Persons outside the Deparbnent may occasionally request this information. Failure to provide all required Information
wN result In dental of the award of the contract
TRAVELERS J
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 225000
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 004833392
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Craig E. Hansen, Jay D. Freiermuth, Brian M. Deimerly, Cindy Bennett, Anne Crowner, Laure Guisinger, Tim McCulloh,
Stacy Venn, Lacey Cramblit, and Shirley S. Bartenhagen
of the City of West Des Moines , State of Iowa , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESSSriWHEREOF, the Companies
have caused this instrument to be signed and their corporate seals to be hereto affixed, this
Al day of p
State of Connecticut
City of Hartford ss.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
25th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
On this the 25th day of April 2012 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016.
58440-6-11 Printed in U.S.A.
Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Si Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FUR1'HIM RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, Si Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this
day of , 20 12 .
li✓'' ( .
Kevin E. Hughes, Assistant S tiny
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER