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HomeMy WebLinkAboutresolution.council.067-05 RESOLUTION NO. ~ Series of 2005 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE STATE OF COLORADO, TO ACCEPT A CONGESTION MANAGEMENT AIR QUAL1TY GRANT, AND APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND INTERMOUNTAIN SWEEPER COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado and the State of Colorado, a copy of which contract is annexed hereto and made a part thereof; and WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado and Intermounta'm Sweeper Company, a copy of which is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves those CONTRACTS between the City of Aspen, Colorado, and the State of Colorado, and between the City of Aspen, Colorado and Intermountain Sweeper Company, copies of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contracts on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the o~ day of~/~~ 2005. ~ , Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. K~h, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2005 - 5FM THIS AGREEMENT made and entered into, this 8th day of Au.qust of 2005, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Intermountain Sweeper Company. , hereinafter referred to as the '¥endor." WITNESSETH, that whereas the City wishes to purchase~ One (1) Tymco, model 600 Dustless Re.qenerative Air Street Sweeper Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of One Hundred Ninety-Four Thousand, Seven Hundred Seventy Five and no cents dollar~ _ ($ 194,175.00 ). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this pumhase shall accompany this contract document. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties.. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 7-PURCH.DOC In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 2. 3. 4. Cancel this Pumhase Agreement without any liability by the City; Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; Deduct from the contract pdce or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be .deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscdmination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Inte,qration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior wdtten and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 7-PURCH.DOC · i--'~--~i~doDep~rtmentofTransportatlon OrlglnDate: 0~/01/~005 ~roiectcode: ]~34~ IsTIPnumbe~. ~3~ DESIGN DATA ~,v~ D.ta: P~.~ nu.~. PI~ P~ C~ PE P~ Num~, 76577~02~ fo~ specific details of equipment at]owed to bc p~c~scd. ~Tmffic (Note: u~ ~lumns A, B, an~ C ~ iden~ ~H~ ~) ~la~ R~e Re~t E~ Fu~on~ clas~on Facll~ ~n Standards (l~t~ su~a~ Rems ~ a ~ In 1 ~ ~umn a~ ea~ In r~) A= B= C= ~t~l~ = ~ ~ la~ ~. su~on M~ grade L~! Major Structures ~loalay, Ratoberemoved~Papro~newst~uctum I Stsrldard Structure Hortzontal Vedlcal Year Stm~'.r~ln# I I I L.er.~ IRof. Pointl Fmlntsm~,~ J Width I Rdwy Load [ClesmnceJ ClssmnceI Built I I [ ] I , Pmpoaed treatment of bridges ~ remain in place (address bridge rail, capacity, and allowable surface thickness) I~IPmjectCharaoferistics (p~ Median type: C) depressed O minted C) raised C) none ~ Lighting , ~-1 Handicap ramps I-~ Traffic control signals I~ Striping ]Cur~ ~od gu.~ I ]Cur~o.~ ClL~ur" a~~ Clcent~uoua w~-- Paring lane width = [}Detours Signing: [ tconstruoticn ~]permanant Landscape requirements: (description) Otha~ (description) r~l Right of Way Yes No Est. No. r~ Utll#lss (lis~ namss of known ufllk'y companiss) ROW and/~ perm. easement required: O · Not Applicable Reloceltco required: O · Temporary essement required: O · Changssin eccees: © · Changes to connecting roads: O · l~I Railroad crossings # of crossings: Agreements Railroad Name required Present protection Condition of x'ings 21 [] I I [] I I :,, Iol I R~comm~la~,: T~: Comments: l Ccordination Withdrawn lends (power sites, reservoirs, etc.) cleared through SLM forest service office Irrigation ditch name: [] Nm~' traffic ordinance required I [] Modify schedule of existing ordinance Municipality: Othac i Constmctlon meth~xl noAdResaon: C) Design C) Local F/A Advedfesdby: C) state · P.O. C) RR F/A Entity/Agencycontaot name: C) Local C) Study C) utility F/A Phorte number: · None O CDOT F/A C) Miscellaneous [~ Remarks (include additional pages if needed) Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION The Local Agency has estimated the total cost the Work to be $95,000.00 which is to be funded as follows: I BUDGETED FUNDS a. Federal Funds $160,758.00 (82.79% of Participating Costs) b. Local Agency Matching Funds $33,417.00 (17.21% of Participating Costs) Local Agency Matching for CDOT - c. Incurred Non-Participating Costs $0.012 (Including Non-Participating Indirects) ~OTAL BUDGETED FUNDS $194,175.0£ 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.0£ (80% of Participating Costs) b. Local Share Local Agency Share of Participating Costs $0.00 Non-Participating Costs (Including Non- Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.0£ I TOTAL ESTIMATED CDOT-INCURRED COSTS $0.0£ 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (la) $160,758.0£ b. Less Estimated Federal Share of CDOT-tncurred Costs (2a) $0.0£ J TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $160,758.0£ FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount ($160,758.00 divided by 82.79%) $194,175.012 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.012 Net to be encumbered as follows: I $194,175.00 $0.00 Const, 23111P 3301 $194,175.00 Exhibit C - Page 1 of 2 The matching ratio for the federal participating funds for this project is 82.79% federal-aid funds (CFDA #20 2050) to 17.21% Local Agency funds, it being understood that such ratio applies only to the $194,175.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $194,175.00, and additional federal funds are made available for the project, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $194,175.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. The maximum amount payable to the Local Agency under this contract shall be $160,758.00 (For CDOT accounting purposes, the federal funds of $160,758.00 and local matching funds of $33,417.00 will be encumbered for a total encumbrance of $194,175.00), unless such. amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and/or state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Exhibit C - Page 2 of 2 Exhibit D ATTACHMENT LO Certification for Federal-Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf or thc 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 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. 2. 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 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. 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 Section 1352, Title 31, U.S. Code. 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. The prospective participant also agree 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 subrecipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Exhibit D - Page 1 of 1 Exhibit E DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available fi.om and will be mailed to the contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303)757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 Exhibit E - Page 1 of 1 Exhibit F COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: :omplete section 1 and submit to CDOT Controller's office. AUTHORITY: State Controller Policy letter on June 12, 1996 CDOT Controller letter on May 23, 1996 (1)This form to be used for the following contracts/situations only (check the appropriate situation): __indefinite quantity, order more/add more __utility/railroad, underestimated total cost ~CDOT construction, sum of CMO's __LA construction, underestimated cost __CDOT construction, underestimated total cost __CDOT consultant, underestimated cost SECTION I (Region use) Date: (2) Project code (3) To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From: Office: (5) Phone # (5) FAX# (5) Re,lion # (5) CDOT has executed a contract with: (6) Address: (6) FEIN # (6) Contract routing # (7) COFRS encumbrance # (indicate PO, SC or PG #) (8) I Fund Orgn. I Appro. (9) (9) [ (9) Original contract amount $ (10) Previous Funding Letter(s) total $ (11) (Funding letter #1 thru #~ Prgrm. (9) Func. Object/Sub-obi N/P (9) (9) GBL (9) Reporting Catg. (9) Proj/Sub/Phase (9) Has a Budget Request been processed to cover the contract amount increase? __yes ~no (14) Preparer's name (15) PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval $ (12) (16) (# ) PHONE NO: Adjusted contract amount CDOT Designee Approval $ (13) (17) Local Agency approval (18) SECTION 2 (Controller's Office use) (19) Total allotment amount $ (19) Commission budget $ (19) If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect __CE pool elig. (19) $ (19) $ (19) charges calculation $ (19) have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of (19) State Controller or Delegee (20) Date (20) Exhibit F - Page 1 o£ 1 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. AQC M045-005 STIP No. Project Code 15342 Region 03 Project Location FY 05 City of Aspen CMAQ Project Description Date 6-01-2005 Congestion Mitigation Air Quality, City of Aspen. Local Agency Cit~ of Aspen CDOT Resident Engineer Pate Mertes Local Agency Project Manager John Krueger CDOT Project Manager Casey Pater/Terry Keane INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual paffies to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The 'X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the Local A~ency is responsible for a task, not applicable (NA) shall be noted. In addition, a '~ will denote that CDOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and 3rocedures, will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local A~ency Project Manager, will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK (SWEEPER PURCHASE) PARTY LA CDOT TIP I STIP AND LONG-RANGE PLANS 2-1 I Review to ensure consistency with STIP and amendments thereto J I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1~1 Authorizeconcurrence/involvement)funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA I I X PROJECT DEVELOPMENT 5-1 Prepare Design Data - CDOT Form 463 X 5-2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X 5-3 Conduct consultant selection/execute agreement NIA 5-4 Conduct Design Scoping Review meeting NIA 5-5 Conduct public involvement N/A 5-6 Conduct Field Inspection Review N/A 5-7 Conduct environmental processes (may require FHWA concurrence/involvement) N/A NIA 5-8 Acquire right-of-way {may require FHWA concurrence/involvement) NIA 5-9 Obtain utilify and railroad agreements NIA 5-10 Conduct Final Office Review NIA 5-11 Justify force account work by the Local Agency N/A 5-12 Justify proprieta~ items N/A 5-13 Document design excaptions - CDOT Form 464 N/A 5-14 Prepare plansr specifications and construction cost estimates N/A 5-15 Ensure authorization of funds X CDOT Form 1243 07/02 Page1 of 4 Previous editions are obsolete and may no~ be used ._ .EIB[T G, Page .L of RESPONSIBLE DESCRIPTION OF TASK (SWEEPER PURCHASE) PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE Set Underutilized Disadvantaged Business Enterprise (UDBE) goals for consultant and construction Contracts (CDOT Region EEO/Civil Rights Specialist) Determine applicability of Davis-Bacon Act This project [] is r-I is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt,) CDOT Resident Engineer Date Set On-the-Job Training goals. Goal is zero if tntal construction is less than $1 million (CDOT Rights Specialist) Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract ~ ADVERTISE BID AND AWARD NIA NIA X N/A X NIA X period of less than three weeks NIA Advertise for bids N/A Distribute 'advertisement set' of plans and specifications N/A Review worksite and plan details with prospective bidders while project is under N/A advertisement Process bids for compliance Check CDOT Form 715 - Certificate of Proposed Underutilized DSE Participation when the Iow bidder meets UDBE goals Evaluate CDOT Form 718 - Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the Iow bidder does not meet N/A N/A N/A X Submit required documentation for CDOT award concurrence N/A Concurrence from CDOT to award X of Iow bidder X Award Contract X Provide 'sward" and "record" sets of plans and specifications CONSTRUCTION MANAGEMENT X Issue Notice to Proceed to the Contractor J NIA I Conduct conferences: Preconstruction (A~dlx~ Presun, ey · Construction staking · Monumentation Structural Concrete Pre-Pour L,_,_A~nda is in CDOT Construction Manual) Concrete Pavem~nda is in CDOT Con.s~uc~on Manual) HBP Pre-Paving(Agenda is in CDOT Cor~.~mc#on Manual) , and distribute Public Notice of Planned Construction to media and local residents N/A NIA NIA N/A N/A NIA N/A N/A A Professional Engineer (PE) registered in Colorado, who will be 'in responsible charge of construction supervision." ineer or Phone number ineer N/A CDOT Form 1243 07/02 Page2 of 4 Previous editions are obsolete and may not be used EXHIBIT G, Page, RESPONSIBLE DESCRIPTION OF TASK (SVVEEPER PURCHASE) PARTY LA CDOT Provide competent, experienced staffwho will ensure the Contract work is constructed in accordance with the plans and specifications Construction inspection and documentation Perform traffic control inspections Perform construction surveying Monument ri~ht-of-wa¥ Prepare and approve interim and final Contractor pay estimates Provide the name and phone number of the person authorized for this task. Phone number and final utility/railroad billings , reimbursement requests e orders Resolve Contractor claims/disputes Conduct murine, random project reviews Provide the name and phone number of the person responsible for this task. Pete Mertes CDOT Resident Engineer (970) 384-3330 Phone number N/A NIA N/A N/A N/A N/A X NIA X X X X N/A NIA X MATERIALS Conduct Materials Preconstruction meeting CDOT Form 250 - Materials Documentation Record · Generate form, which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project · Update the form as work progresses ; form after work is completed N/A N/A NIA NIA and tests N/A Perform laboratoq/verification tests NIA Acuept manufactured products Inspection of structural components: · Fabrication of structural steel and pre-stressed concrete structural components · Bridge modular expansion devices (0" to 6" or greater) · Fabrication of bearin~l devices of materials Independent Assurance Testing (IAT), Local Agency Procedures [] CDOT Procedures [] · Generate IAT schedule · Schedule and provide notification · Conduct IAT Approve mix designs · Concrete · Hot bituminous pavement Check final materials documentation NIA NIA NIA NIA N/A N/A NIA NIA NIA N/A NIA N/A CDOT Form 124,1 07/82 Page3 of 4 Previous editions are obsolete and may not be used EXHIBIT G, Page, of CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 1'0-1 Fulfill project bulletin board and preconstruction packet requirements N/A 1 0-2 CDOT Form 205 - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to NIA EEO/Civil Rights Specialist 10-3 Conduct employee interviews. Complete CDOT Form 280 - Equal Employment Opportunity NIA and Labor Compliance Verification 10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance with the NIA "commercially useful function" requirements 10-5 Conduct trainee interviews. Complete CDOT Form 200 - OJT Training Questionnaire when NIA project utilizes on-the-job trainees 10-6 Check cert~ed payrolls (Contact the Re~lon EEO/Civil Rights Specialists for training requirements.) NIA 10-7 Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report N/A FINALS 11-1 Conduct final project inspection, and complete and submit CDOT Form 1212 - Final X Acceptance Report (Resident Engineer with mandatory Local Agency participation.) 11-2 Write final project acceptance letter X 11-3 Advertise for final settlement X 11-4 Prepare and distribute final As-Constructed plans N/A 11-5 Check final quantities, final plans and the final pa}, estimate X 11-6 Check material documentation and submit final material certification (see Chapter 9) NIA 11-7 Obtain CDOT Form 17 - Contractor DBE Payment Certification from the Cohtactor and NIA submit to the Resident Engineer 11-8 Process final payment X 11-9 Obtain FHWA Form 47 - Statement of Materials and Labor Used from the Contractor N/A 11-10 Complete and submit CDOT Form 950 - Project Closure X 11-11 Retain project records for s~x years from date of project closure X 11-12 Retain final version of this checklist and distribute copies X cc; CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local/~ency Project Manager CDOT Form 124,1 07/82 Pageiv of 4 Previous editions are ob~olste and may no{ be usa~l Exhibit H ATTACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally fimded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172(d) state that, "When federal-aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ...". Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements fi'om both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request fi.om CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172.5(b)(1-6)]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal often percent (10%) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, Exhibit H- Page 1 of 2 4. That the firm agrees to include or cause to be included the requirements of paragraph I 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 requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification . Primary Covered Transactions: (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 certitication or explanation will be considered in connectton 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 disqualify such a person from participation in this transaction. c. The certification in this clause is a matedal representation of fact upon which reliance was placed when the department or agency detarmined to enter into this b'ansaction. If it is later determined that the prospective pdmary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the deparb~ent or agency may terminate this transaction for cause of default. d. The prospective pdmary par~cipant shall provide immedi- ate wdtten notice to the department or agency to whom this proposal is submitted if any time the prospective pdmary partici- pant leams that its ceriification 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," "pdmary covered transaction," "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 maycontact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be en, tered into, it shall not knowingly enter into anylower 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 tified "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entedng into this covered transaction, without modification, in all lower tier covered transactions and in all selicitafions 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 eot debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that Exhibit I 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 portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administration. I. 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. 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 voluntsdly excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this ffansaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary padicipant certifies to 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 cdminal 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, bdbery, falsification or destruction of records, making false statements, or receiving stolen property; c. 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 lb of this cer~ficafion: and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to cerlify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (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 cediflcation in this clause is a material Exhibit I - Page 8 of 9 REQUIRED BY 23 CFR (~33. 102 -- representation of fact upon which reliance was placed when this transaction was entered inb). If it is later determined that the prospective lower tier participant knowingiy rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction edginated 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 d. The terms "covered transaction," "debarred," "suspended," "ineligible," "pdmary 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 par~cipant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shati not knowingly enter into any lower tier covered transaction with a pemon who is debarred, suspended, declared ineligible, or voluntarily excluded from pa~dpation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier paracipant 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 vclun- tadly 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. 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 dausa. 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 deparlment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Exhibit I ineligible, or voluntarily excluded from paRticipation in this transaction by any Federal department or agency. 2. Where the prospective lower 6er pa~dcipant is unable to certify to any of the statements in this certification, such prospec- tive participant shall attach an explanation to this proposal. Xll. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable to all Federal-aid construction contracts and to alt related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant cer~fies, by signing and submit- ting 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 of any Federal grant, the making of any Federal loan, the entedng into of any cooperative agreement, and the extension, continua- tion, 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 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 Federa[ contract, grant, ioan, 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 matedal 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 entedng 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 subcon~acts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 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 ExhibitI-Page9of 9 REQUIRED BY 23 CFR 633.102 -- Exhibit H e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement o f minority consultants. Under 24-30-1401~ cost shall not be considered as a factor in the evaluation of professional consultant Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs. A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of project, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its f'mal expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the eight (8) steps just discussed. Exhibit H - Page 2 of 2 Exhibit I FHWA Form 1273 FHWA-1273 Electronic version - March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS II, V. VI. VII. VIII, IX. X. General ..................................................................... 1 Nondiscrimination ..................................................... 1 Nonsegregated Facilities .......................................... 3 Payment of Predetermined Minimum Wage ............ 3 Statements and Payrolls .......................................... 6 Record of Matedals, Supplies, and Labor ............... 6 Subletting or Assigning the Contract .......................7 Safety: Accident Prevention .................................... 7 False Statements Concerning Highway Projects .... 7 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 A'I-I'ACH ME NTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work pedormed on the contract bythe contractor's own organization and with the assistance of workers under the contractor's 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 Previ- sions shall not be incorporated by reference in any case. The pdme 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 I and 2a through 2g. 5. Disputes adsing 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 accor- dance with the procedures of the U.S. Department of Labor (DOL) as set fodh 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. 6. Selection of Labor: Dudng the performance of this con- tract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, 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 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 and 41 CFR 60) and orders of the Secretary of Labor as modified by the previsions 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 Conthact Specifications set forth under 41 CFR 60-4.3 and the previsions of the Amedcan Disabilities Act of 1990 (42 U.S.C. 12101 et se_~g..) 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 carling out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated dudng employ- ment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruilment or recruitment 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 contractar pregram of EEO and who must be assigned adequate authority and responsibility to do so. 3, Dissemination of Policy: All members of the conb'actor's staff who are authorized to hire, supervise, promote, and discharge employees, orwho recommend such action, orwho are substantially involved in such action, will be made fully cognizant Exhibit I - Pagel of 9 of, and wtil implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and elassifica~on of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Pedodic meetings of supervisory and personnel office employees will be ~onducted before the start of work and then not less often than once every six months, at which time the contract- or'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, covedng 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 thst~ucted by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. 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 employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large cimulation among minority groups Jn the area from which the project work force would normally be derived. a. The centractor will, unless precluded bya valid bargain- ing agreement, conduct sy~temalJc and direct recruitment through public and pdvate employee referral sources likely to yield qualified mlnedty group applicants. To meet this requirement, the contractor will identify sources of potential minodty group employees, and establish with such identified soumes procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. in the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's 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 implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minodty group appticants for employment. Information and procedures with regard to referring minority group 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 trea~ent of project site personnel. b. The contractor will periodically evaluata the spread of wages paid within each classification to determine any evidence of Exhibit I discriminatory wage practices. c. The conbactor will pedodically 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 his 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 his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minodty group and women employees, and applicants for employment. b. Consistent with the contractor's 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 for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a speciat provision for training is provided under this contract, this subpara- graph 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 requirements for each. d. The contractor will periodically review the training and promotion potential of minodty 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 his/her 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 minedty 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 qualif34ng 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 odgin, age or disability. c. The contractor is to obtain information as to the referral practices and poticies 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. Exhibit I - Page 2 of 9 REQUIRED BY 23 CFR 633. 102 -- d. In the event the union is unable to provide the contractor with a reasonable flow of minodty and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruilment efforts, flit the employment vacancies without regard to race, color, religion, sex, national odgin, age or disability; making full efforts to obtain qualified and/or qualiflable 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 minodty 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 discdminats on the grounds of race, color, religion, sex, national odgin, age or disability in the selection and retention of subcontractom, 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 detined 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 minodty 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 pedod of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and effor[s being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minodty and female employees; and (4) The progress and efforts being made in secudng the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classitication 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. III. NONSEGREGATED FACILITIES Exhibit I (Applicable to all Federal-aid construcaon 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 matedal supply agree- ment or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, matedal supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the tirm 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 tirm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certitication, the term "segregated facilities" means any waiting rooms, work areas, restmoms and washrooms, restaurants and other eating areas, timeclocks, locker moms, and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are s~<Jregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national odgth, age or disability, because of habit, local custom, or otherwise. The only exception w[ti be for the disabled when the demands for accessibility overdde (e.g. disabled parking). c. The contractor agrees that it has obtained or witi obtain identical certitication from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of matedal supply agreements of $10,000 or more and that it will retain such certitications in its tiles. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to ali related subcontracts, except for projects located on roadways ciassitied as local roads or rural minor collectors, which am 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 under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fdnge benefits (or cash equivalents thereof) 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 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject (o the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred fur more than a weekly pedod (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly peded, are deemed to be constructively made or incurred during Exhibit I- Page 3 of 9 REQUIRED BY 23 CFR 633.102 -- such weekly pedod. 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 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 classificafion 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 fdnge 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 addition- al classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropdats), a report of the action taken shall be sent by the contracting officer to the DeL, Administratur of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authodzad 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 pedod that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, 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 recommenda- tion of the contracting officer, to the Wage and Hour Adminis~ator for determination. Said Administrator, or an authorized represen- tative, 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 pedod that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. Exhibit I 3. Payment of Fringe Benefits: 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 houdy 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 b'ustee 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 wdtten request of the conbacb3r, 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 rate for the work they performed when they are employed pursuant to and iodividually registered in a bona fide apprenticeship program registered with the DeL, 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 regis- tered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determina- tion 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 performad. 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 houdy rate) specified in the contractor's or subcontractor's 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 journeyman-level 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 determi- nation for th e 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 appranticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Exhibit I - Page 4 of 9 REQUIRED BY 23 CFR 633.102 -- contractor or subcontractur 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 accept- able 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 pdor approval, evidenced by formal cerfificafion by the DOL, 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 registered and participating in a training plan approved by the Employment and Training Adminisfration 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. (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 fdnge benefits in accordance with the previsions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fdnge benefits listed on the wage determination unless the ,Administrator of the Wage and Hour Division determines that there is an apprentice- ship 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 procedure 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, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 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 apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program, 6. Withholding: The SHA shall upon its own action or upon wdtten request Exhibit I of an authohzed representative of the DOL withhold, or cause to be withheld, from the contractor or subcontracthr under this conbact or any other Federal contract with the same pdme canlractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same pdme contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, em- ployed 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 wdtten 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 for 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. g. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon wdtten 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 or any other Federal contract with the same pdme contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same pdme contractor, such sums as may be determined to be necessary to sarisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 a nd to all related subcontracts, except for projects located on roadways classified as local reads or rural callecturs, 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, Exhibit I - Page 5 of 9 REQUIRED BY 23 CFR 633.102 -- 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor dudng 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 secudfy 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 Appalachian contracts, the payroll records shall contain a notation indicating 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 I(b)(2XB) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in wdting 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 wdtten 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 dedng the preceding weekly payroll pedod). 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 pdme contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. 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 dedng the payroll pedod 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 fdnge benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. Exhibit I e. The weekly submission of a propedy executed cerflfica- lion set forth on the reverse side of Optirmal 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 cdminal 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 inspection, copying, or transcription by autheqzed representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees dudng 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. VL 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 FHWA-47, "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 labor summary of all conffact work indicating the total hours worked and the total amount earned. 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 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 odginal 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 odginal contract price before computing the amount of work required to be performed by the contractor's own organization (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. ExhibitI-Pag¢6of 9 REQUIRED BY 23 CFR 633.102 -- 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 I of Section Vii is computed includes the cost of matedal 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 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 SHA 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 wdtten 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 fur the fulfillment of the contract. Wdtten consent will be given only after the SHA has assured that each subcontract is evidenced th wd§ng and that it contains all pertinent provisions and requirements of the pdme contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In toe 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 detormines, or as the SHA 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 Jn 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 conlractor 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. 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 dght of entry to any site of contract performance to inspect or investigate the matter of compliance with the construc- tion 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. 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 falsitication, distortion, or misrepre- sentation with respect to any facts related to the project is a Exhibit I violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the fullowing 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, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corpora§on, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the matedal used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, fa/se report or false c/aim with respect to the character, quality, quantity, or cost of any wo~ performed or to be performed, or materiats 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 l, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned 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.) 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 fullows: 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 et see., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sec., 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 tirm 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 SHA 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. Exhibit I- Page7 of 9 RE~)UXR~D BY 23 CFR 633.102 QUOTATION INTERMO ~U~.~.~~EPER CO. -- ,~,:~...,~. ._.~-"...~! .... · ~.~. '~. ~y M~ 130 Sau~b ~ SL ~p~ N~'t0 B~t Way D~fion DEsc~I~ION ~o ~ D~fl~ ~en~e ~r Sweet State ~ P~ B~T Arno ~o~ for lo ~ ~d ~ t~a~ ~ ~ cl~ ~ m~o p~ cl~/~t~ ~d~ 220 ~ ~t~ ~ 2~ ~t~ p,~ ~h ~ ~h d~ ~t~ B~ Broom ~ ~ b~ ~ d~ ~ c~ ~ brim ~ts, ~a, ~ts Ho~ d~e ~ out ~b~ ~r~on pr~on ~ S" m~on ho~ ~ ~c ~ ~om ~o ~ ~h 2 Y~ ~e b~k ~ cobol ~le Am~ ~ w~b ~d ~d ae~h~s on r~ B~ up ~ ~d m~ fl~ 205 ~ 3~000 G~ C~s ~or~r~ 4,300 Farm Road PO Box 187 West Jen:tan~ Utah 84~84 (801) 280-70t0 FAX (801} 280-70S0 Toll Fr~e Outside ~,L, ~ 4~00-74~-5456 PAGE 02 DENVER OFFIGE: ml Palls St~eel:/iA Denver~ Colorado 80239 (~03) S74-0~0 FAX ~) (~) 7~7~ (c,utslde De~r) BY $19,1,1 ?J.00 options shown as included ACCEPTED 5Y PURCHASER ORDER # THANK YOU! WE APPRECIATE YOUR BUSINESS, QUOTATION 4300 Far~ Ro~d PO Box t87 W~st Jordan, Utah 84084 FAX ~01) 280-7050 Toll Free Outside S,L, PAGE 83 DENVER OFFICE 8881 Pah$ ~t~et #A Denver, Colorado 80239 (88~) 793-3726 (outside Denver) OPTION PRICES _x.r,__ke T~ime~'600 Ootion~ state Contract BAH Broom Assist Head Lo noise Turbo charged e~l~ne 115 HP In cab hydraulic gutter broom tilt - each AUtO Sweep I~errupt System Auxiliary Suction hose with hydraulic assist and auxiliary hydraulics Aux hand hose exteasJon nozzle ITdLow pressure wash down sys~e~ with Cat pump and wand Hose reel with 50 toot hose and automatic retra~c Ir~gh output water system for extreme dust control Revise Pickup Head Chniqs Hoppe~ interior high build ~oating In cab dump switch ]:~l~ima~¢ hopper sv-x-een vibrator Engine block heater [each] Hopper load indicator fuel water separator auxiliary en~ne Full length cab light bar- Strobe type Arrow stick with in cab con1~-oller Elecuic Remoto and heated mirrors Cha~is hour meter Hoppe~ screen chip ~nd milling 1/4 mesh Up~'ade blower housiog to Nitroni¢ Stainless Steel Spare Torit Tex Filter~ for I)ustl~ System Spar~ Gutter brooms and curtain sets Some options may affect standard equipmem by change or upgrade AMOUNT QUOTED SY Included Included Included $1,200.00 Included Included Included $9O0.00 Included Included Included Included $1,000.00 Included In¢inded Included Included Included Included Included Included ACCEPTED bY PURCHASER ORDER #. THANK YOU! WE APPRECIATE YOUR BUSINESS. DATE