SW Arterial / Military Road Reconstruction Project_Hearing Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: SW Arterial 1 Military Road Reconstruction Project
SUMMARY: Proof of publication on notice of public hearing to consider
approval of plans, specifications, estimated cost and form
of contract for the SW Arterial - Military Road
Reconstruction Project with I DOT concurrence and the
City Manager recommending approval. It is further
recommended that the contract be awarded to low bidder
Hoffman Construction Company.
RESOLUTION Approval of plans, specifications, form of
contract, and estimated cost for the Southwest Arterial
Military Road Reconstruction Project Iowa DOT Project No.
HDP-2100(664)--71-31
RESOLUTION Awarding public improvement contract for
the Southwest Arterial - Military Road Reconstruction
Project Iowa DOT Project NO. HDP-2100(664)--71-31
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Military Road Reconstruction Project Award-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Public Hearing Resolution Resolutions
Award Resolution Resolutions
Cost and Funding Supporting Documentation
THE CITY OF DUUUCYUe
had
DUB E
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Project
Military Road Reconstruction Project
Iowa DOT Project No. HDP-2100 (664)-71-31
DATE: November 8, 2016
Sealed bids were received by the Iowa Department of Transportation for the Military
Road Reconstruction Project. Assistant City Engineer Bob Schiesl recommends award
of the construction contract to the low bidder, Hoffman Construction Company, in the
amount of$5,236,760.95, subject to Iowa Department of Transportation approval. The
Hoffman Construction bid was 26% below the estimate of probable cost.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7 /A./1144
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
THE CITY OF Dubuque
DUB E
All-America City
Illi r
Masterpiece on the Mississippi 2007•2012•2013
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: Southwest Arterial Project
Military Road Reconstruction Project
Iowa DOT Project No. HDP-2100 (664)--71-31
DATE: November 7, 2016
INTRODUCTION
The purpose of this memorandum is to provide the City Council with information related to
the public hearing and recommendation to award a construction contract for the Southwest
Arterial - Military Road Reconstruction Project, Iowa DOT Project No. HDP-2100 (664)--71-
31.
BACKGROUND
Through the continued collaborative partnership between the Iowa DOT staff and the City,
the Memorandum of Understanding (or MOU for short), was formalized with a signing
ceremony on August 9, 2013. As outlined in the MOU, the Iowa DOT and City, in joint
cooperation, will Transfer the Jurisdiction of the Southwest Arterial from the City to the
State in exchange for the Transfer of Jurisdiction of the Northwest Arterial (or Iowa 32),
and portions of existing U.S. 52 / Iowa 3 through downtown Dubuque, from the State to the
City. Additionally, the Iowa DOT proposed to re-routing of US 52 and utilization of the
Southwest Arterial to carry a portion of re-routed US 52 traffic. The Transfer of Jurisdiction
will occur after the Southwest Arterial is completed and open to traffic.
Following the execution of the MOU, the City is continuing as the lead agency for the
multiple project development phases for completing the Southwest Arterial and is
responsible for completing the following improvement projects:
Project Description Status
Final Engineering Design Underway
Right-of-Way Property Acquisition Completed
BHE Gas Pipeline Utility Relocation Completed
BP Gas Pipeline Utility Relocation Summer 2017
North Cascade Road Reconstruction Completed
English Mill Road Reconstruction Underway
Military Road Reconstruction Bid October 2016
When the City completes all the project phases listed above, it is expected that all of the
City, County, and Federal funds obligated to the Southwest Arterial project will be fully
expended.
When the City completes all the project phases it is responsible for, the Iowa DOT will then
take over as lead agency and will be responsible for all remaining costs associated with
the completion of the Southwest Arterial, including grading, bridges, interchanges and
highway paving.
The first phase of construction, the North Cascade Road project was substantially
completed November, 2013. The project provided for the reconstruction (grading, paving &
bridge) and realignment of North Cascade Road which will allow the Southwest Arterial to
travel under the new North Cascade Road Bridge.
The second construction phase, the English Mill Road reconstruction project, is underway
and will involve side road improvements that will allow the highway to travel under the new
English Mill Road Bridge.
DISCUSSION
The Military Road reconstruction project will be the third and final side-road reconstruction
project administered by the City as part of the Southwest Arterial project. The project will
provide for the reconstruction (grading, bridge and paving) of Military Road.
The reconstructed segment of Military Road will have a new bridge constructed which will
allow the future Southwest Arterial to cross under Military Road. The new bridge will be a
3-span, 272 ft. x 44 ft. pre-tensioned, pre-stressed concrete beam bridge which will
include; 24-foot roadway; 5-foot paved shoulders; and a 10-foot wide separated sidewalk
that would accommodate bicycle and pedestrian use. The new bridge will also include
architectural enhancement treatments that will include native Dubuque limestone textured
piers, pier caps, abutment walls and barrier rails. The bridge will also have architectural
piers that extend above the bridge deck, along with future decorative LED roadway lighting
and decorative bridge railing.
The design team systematically reviewed each bridge structure on the Southwest Arterial
Project and those on crossing side roads (North Cascade, English Mill, and Military Road).
Each bridge location was evaluated for present and future bicycle and pedestrian use. It
was concluded that the future Military Road Bridge (over the Southwest Arterial) would
include a 10-foot wide separated sidewalk which would accommodate bicycle and
pedestrian use. Other bridges will include a dedicated separated sidewalk or paved
shoulder due to the location of the future bicycle and pedestrian trail that will be
constructed as part of the four-lane phase of the Southwest Arterial.
The project will be constructed while allowing through traffic at all times. A low speed on-
site detour has been included in the project to accommodate local Military Road traffic
during the bridge construction. Once the Military Road project is completed and
construction of the Southwest Arterial east grading begins, citizens and vehicular traffic
using those side roads will not be impacted while construction work occurs under Military
Road.
BID RESULTS
Sealed bids were received on the project by the Iowa Department of Transportation on
October 18, 2016 in Ames. Hoffman Construction Company, of Black River Falls, WI
submitted the low bid in the amount of $5,236,760.95. This amount is 26% below the
estimate of probable cost. A summary of the bid proposals received is as follows:
Contractor Name Total Bid
Hoffman Construction Company $ 5,236,760.95
Minnowa Construction, Inc. $ 5,497,459.82
Iowa Bridge & Culvert $ 5,624,453.72
Zenith Tech, Inc. $ 5,806,066.65
General Constructors, Inc. $ 5,981 ,797.99
Taylor Construction, Inc. $ 6,170,660.54
Jim Schroeder Construction, Inc. $ 6,297,883.60
RECOMMENDATION
I recommend that the contract for the Military Road Reconstruction Project (Iowa DOT
Project No. HDP-2100 (664)--71-31) be awarded to Hoffman Construction Company, of
Black River Falls, WI, in the amount of $5,236,760.95, subject to Iowa DOT approval of
award.
RECOMMENDATION
I recommend City Council concurrence with initiating the public bidding procedure through
the Iowa DOT and set November 21 , 2016, as the date for a public hearing on the
Southwest Arterial - Military Road Reconstruction Project.
BUDGET IMPACT
The estimate of probable cost for the Military Road Reconstruction Project is as follows:
Estimate Award
Construction Contract $ 7,078,100 $ 5,236,760.95
Contract Administration i Construction Engineering 323,925 323,925.00
Total Project Cost $ 7.402.025 $ 5,560,685.95
The project funding summary is as follows:
CIP No. Fund Source Description I Amount
3001287 Iowa DOT Primary Road Funding $ 2,545,000.00
3001287 Iowa DOT Repurposing Funding 2,600,000.00
3001287 Federal SAFETEA-LU Funding (80%) 332,548.75
3001287 City - Local Funding (10%) 41 ,568.60
County - Local Funding (10%) 41 ,568.60
Total Project Funding $ 5,560,685.95
ACTION TO BE TAKEN
I recommend that the City Council adopt the attached resolution awarding the Military
Road Reconstruction Project (Iowa DOT Project No. HDP-2100 (664)--71-31) to Hoffman
Construction Company in the amount of $5,236,760.95, subject to Iowa DOT approval of
award.
cc: Jenny Larson, Budget Director
Kent Ellis, Iowa DOT
F:\PROJECTS\SOUTHWEST ARTERIAL\MILITARY ROAD RECONSTRUCTION(664)\Council&Staff Documents\Award
RESOLUTION NO. 387-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE SOUTHWEST ARTERIAL / MILITARY ROAD
RECONSTRUCTION PROJECT IOWA DOT PROJECT NO. HDP -2100(664)--71-31
That the proposed plans, specifications, form of contract and estimated cost for
the Southwest Arterial - Military Road Reconstruction - Grade, Bridge & Paving Project,
Iowa DOT Project No. HDP -2100(664)--71-31, in the estimated amount $7,078,100.00,
are hereby approved.
Passed, adopted and approved this 14th day of November, 20 6.
Attest:
Ken S. Firnstahl CIVIC, City Clerk
Roy D. Buol, Mayor
RESOLUTION NO. 388-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SOUTHWEST
ARTERIAL - MILITARY ROAD RECONSTRUCTION PROJECT IOWA DOT PROJECT
NO. HDP -2100(664)--71-31
Whereas, said sealed proposals were opened and read by the Iowa Department
of Transportation on the 18th day of October, 2016 and it has been determined that
Hoffman Construction Company, of Black River Falls, WI, with a bid in the amount of
$5,236,760.95 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to
Hoffman Construction Company, subject to the concurrence by Iowa Department of
Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 14th day of November, 2016.
Attest:
Ke4n S. Firnst- hl, ( , City Clerk
Roy D. Buol, Mayor
Southwest Arterial Project
Military Road Reconstruction -Grading, Bridge & Paving Project
Iowa DOT Project No. HDP-2100 (664)--7131
CONTRACTOR: Hoffman Construction
CONTRACT AMOUNT: $5,236,760.95
FINAL CONTRACT AMOUNT: Increase/ Decrease
Estimate of Bid Award Final
Probable Cost
Construction Contract $ 7,078,100.00 $ 5,236,760.95 -26.0%
Contingency
Contract Administration/Construction Engineering (IIW) $ 323,925.00 4.58% $ 323,925.00 6.19%
Total Project Cost $ 7,402,025.00 $ 5,560,685.95 $
CIP No. Project Funding Estimate of
Probable Cost Bid Award Final
3001287 Iowa DOT -Repurpose Funds- Military Road $ 2,600,000.00 $ 2,600,000.00
3001287 Iowa DOT- Primary Rd Funds (Repurpose Match) $ 2,545,000.00 $ 2,545,000.00
3001287 Federal SAFETEA-LU Funding (80%) $ 1,805,620.00 $ 332,548.76
3001287 City- Local Funding (10%) $ 225,702.50 $ 41,568.60
County- Local Funding (10%) $ 225,702.50 $ 41,568.60
Total Project Funding $ 7,402,025.00 $ 5,560,685.95 $
BID RESULTS SUMMARY DBE AMOUNT
HOFFMAN CONSTRUCTION COMPANY 0.00% $5,236,760.95
MINNOWA CONSTRUCTION,INC. 0.00% $5,497,459.82
IOWA BRIDGE &CULVERT, L.C. 0.00% $5,624,453.72
ZENITH TECH, INC. 0.00% $5,806,066.65
GENERAL CONSTRUCTORS INC. 0.00% $5,981,797.99
TAYLOR CONSTRUCTION, INC. 0.00% $6,170,660.54
JIM SCHROEDER CONSTRUCTION, INC. 0.00% $6,297,883.60
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: November 10, 2016, and for which the charge is $22.99.
374.
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
/
this /- day of j7®,.4.,azl.�-° , 20 /' .
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC
HEARING ON PLANS,
SPECIFICATIONS,.
FORM OF CONTRACT,
AND ESTIMATED
COST FOR THE
SOUTHWEST ARTERI-
AL - MILITARY ROAD
RECONSTRUCTION,
GRADING, BRIDGE,
AND PAVING PROJ-
ECT, IOWA " DOT
PROJECT NO. 'HDP -
2100 (664)-71-31
NOTICE IS HEREBY
GIVEN: The City Coun-
cil of the City of Dubu-
que, Iowa will hold a
public hearing on the
proposed plans, speci-
fications, form of con-
tract and estimated
cost for the Southwest
Arterial - Military Road
Reconstruction Project,
Iowa DOT Project No.
HDP -2100 (664)--71-31,
in accordancewith the
provisions ` of Chapter
26, Code of Iowa, at
6:00 p.m., on the 14th
day of November, 2016,
in the Historic Federal
Building Council Cham-
bers (second floor),
350 West 6th Street,
Dubuque, Iowa. Said
proposed plans, speci-
fications, form of con-
tract and estimated
cost are now on file in
the office of the City
Notary Public in and for Dubuque County, Iowa.
Clerk, 50 w. 13th St.
Dubuque, IA 52001. At
said hearing any inter-
ested person may ap-
pear
and file objections
thereto.
The scope of the Proj-
ect is as follows:
• The project will pro-
vide for the recon-
struction (grading,
bridge and paving) and
realignment of English
Mill Road which will
travel over the future
Southwest Arterial.
Any visual or hearing-
impaired persons
needing special assis-
tance or persons with
special accessibility,
needs should contact
the City Clerk's office
at,:. (563) 589-4120 or
TDD at (563) 690-6678
at least 48 hours prior
to the meeting.
Published by order of
the City Council given
on the 7th day of No-
vember, 2016.
Kevin S. Firnstahl,
CMC, City Clerk
it 11/10
Form 181419 (05-16)
GIOWADOT
CONTRACTOR'S PERFORMANCE BOND
Contract LD.: 31-2100-664
Bond Number 190037030
County: Dubuque
KNOW ALL PERSONS BY THESE PRESENTS: That we, Hoffman Construction Company
of Black River Falls; WI (hereinafter called the Principal) and Liberty Mutual Insurance Company
of Boston, MA (hereinafter called the Surety) are held and firmly bound unto the
City of Dubuque
(hereinafter called the Contracting Authority) to+va, in the sum of
(Iowa DOT, County, or City name, etc.)
Five Million Two Hundred Thirty Six Thousand Seven Hundred Sixty Dollars and 95/100 dollars ($5,236,760.95 ),
lawful money of the United States, to the payment of which sum, well and truly to be made, we bind ourselves, our executors,
administrators, successors, and assigns jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT whereas the above bounden Principal did enter into a written contract
with the Contracting Authority to perform HDP -2100 (664)--71-31
Copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as fully
and completely as if said contract were recited at length; and whereas, the principal and sureties on this bond hereby agree to pay all persons, firms,
or corporations having contracts directly with the principal or with subcontractors, all just claims due them for labor performed or materials furnished,
in the performance of the contract on account of which this bond is given, when the same are not satisfied out of the portionof the contract price
which the public corporation is required to retain until completion of the public improvements, but the principal and sureties shall not be liable to said
persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided
by law.
Now, if the principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands
incurred for the same, and shall fully indemnify and save harmless the Contracting Authority from ail costs and damages which it may suffer by reason
of failure to do so and shall fully reimburse and repay the Contracting Authority all outlays and expense which it may incur in making good any such
default, then the obligation is to be void and of no effect otherwise to remain in full force and effect. Every surety on this bond shall be deemed and
held, any contract to the contrary notwithstanding, to consent without notice:
1. To any extension of time to the contractor in which to perform the contract.
2. That the bond shall remain in full force and effect until the contract is completed within the specified contract period, within an
extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage is being charged against the
contractor.
3 To any change in the plans, specifications; or contract when such change does not involve an increase of more than 20
percent of the total contract price, and shalt then be released only as to such excess increase.
4 That no provision of this bond or of any other contract shall be valid which limits to less than five years from the completionof the
contract the right to sue on this bond for defects in work quality or material not discovered or known to the Contracting Authority
at the time such work is accepted.
This bond is to be considered a performance bond and secures the Contracting Authority the right to recover from the contractor on account of
material or labor entered into the work or work performed not in accordance with the contract, specifications, or plans. The contractor does not by this
obligation guarantee to maintain the work for five years.
IN WITNESS WHE ' OF, we have hereunto set our hands and seals this 22nd day of November 2016
Hoffman Cons j ction Company
By:
Principal
c /f a• s (cas S Sie Col i t 4^LiVob
Liberty Mutual Insurance Company
Title
By:
Surety
N. Swanson , Attorney -in -Fact
Title
Ad8 ess:175 Berkeley Street Boston, MA 02116 Address:
For contracts where a County Board of Supervisors is the Contracting Authority:
This bond approved by the
(Board of Supervisors of)
County, this day of
Chairperson (Signature)
For contracts where neither the DOT nor a County Board of Supervisors is the Contracting Authority:
This bond approved by the City of Dubuque
(Contracting Authority)
December 2-016
, this
5th day of
Title/Signature
DISCLOSURE STATEMENT FOR CONTRACTOR'S PERFORM ' CE BONDS
The Information requested will be used by the Iowa Department of Transportation to determine if a contractor/vendor is bonded in accord with the requirements established by
the contracting authority. This secures the IDOT and/or the State of Iowa the right to recover from the contractor/vendor if material odabor entered into the work performed is
not in accord with the contract, specifications, or plans. Persons outside the Department may occasionally request this information. Failure to provide all required information
will result in denial of the award of the contract
Acknowledgment of Corporate Surety
STATE OF Minnesota
ss
COUNTY OF Hennepin
On this
22nd
Jill N. Swanson
day of November 2016 before me appeared
, to be known,
who being by me duly sworn did say that she is the aforesaid Attorney -in -Fact of the
Liberty Mutual Insurance Company
a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by
authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act
and deed of said corporation.
(Notary Seal)
Notary Public Signature
HEyr' MICHELLE DIANE HALTER
NOTARYPUBLIC-MINNESOTA
:�..a. My Commission Expires
4 yY�
January 31 2018
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7482041
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Brian D. Carpenter; Craig Olmstead; Heather R. Goedtel; Jessica Hoff; Jill N. Swanson; Laurie Pflug; Michelle Halter; Nicole Langer; Nina
E. Werstein
all of the city of Minneapolis , state of MN each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th day of September 2016
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 9th day of September 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
Pa - COMMONWEALTH OF PENNSYLVANIA / /1
SS
By:
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
David M. Carey` Assistant Secretary
Notarial Seal
Teresa Pastella, Notary Public
Plymouth Twp., Montgomery County
My Commission Expires March 28, 2017
Teresa Pastella, Notary Public
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS — Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ` 2 day of 0.) x:1 -(5 v -mi
LMS 12873 122013
By:
Gregory W. Davenport, Assistant Secretary
1343 of 1500
December 21, 2016
DOT
SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN
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Office of Contracts U Project Delivery Bureau
8OOLincoln Way | Ames, Iowa 5OO1O
Phone: 515-239-1414 I Email: dot.contracts@dot.iowa.gov
Dear Contractor:
We are enclosing one fully signed copy of the contract(s) for the attached pjecto>.
We have attached the FHWA-1273 to each federally funded contract. 23 CFR Part 633.102(e) requires that you
physically attach a copy of the FHWA-1273 to each subcontract on federally funded subcontracts.
Sincerely,
Wes W.Musgrove, P£
Contracts Engineer
yVWM/met
Enc.
cc: City with attachment
0 ��<�
CT
0
FA96 (Form 650019)
05-13
CONTRACT
Letting Date: October 18, 2016 Contract ID: 31-2100-664 Bid Order No.: 005
County: DUBUQUE Project Engineer: IIW ENGINEERS AND SURVEYORS P .0 .
Cost Center: 611000 Object Code: 890 DBE Commitment: $160,042.57
Contract Work Type: BRIDGE NEW - PPCB
This agreement made and entered by and between the CITY OF DUBUQUE CONTRACTING AUTHORITY,
AND
HOFFMAN CONSTRUCTION COMPANY & SUBSIDIARIES OF BLACK RIVER FALLS, WI, (H0170),
CONTRACTOR
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications,
the plan, if any, for pro ject(s) listed below, together with Contractor's performance bond, are made a part hereof
and together with this instrument constitute the contract. This contract contains all of the terms and conditions
agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting
Authority under date of 10/13/2016
•
PROJECT: HDP -2100(664)--71-31 COUNTY: DUBUQUE
WORK TYPE: BRIDGE NEW - PPCB ACCOUNTING ID: 33766
ROUTE: MILITARY ROAD LENGTH (MILES): 0
LOCATION: IN THE CITY OF DUBUQUE, MILITARY RD: AT THE INTERSECTION OF
THE PROPOSED SW ARTERIAL
FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT
The specifications consist of the Standard Specifications for Highway and Bridge Construction, Series 2015
of the Iowa Department of Transportation plus the following Supplemental Specifications, Special Provisions, and
addendums: DS -15032, DS -15044, FHWA-1273.06, GS -15003, 1A16 -97.0A,
SP -156046, SP -156047, SP -156048, SP -156049, SS -15003, ADDENDUMS:
180CT005.A01, 180CT005.A02
Contractor, for and in considerations of $5,236,760.95 payable as set forth in the specifications constituting
a part of this contract, agrees to construct various items of work and/or provide various materials or' supplies in
accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac-
tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5
(Public Registration Number), if applicable.
In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor-
ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the
specifications.
It is further understood and agreed that the above work shall also be commenced or completed in accordance
with Page 1B of this Contract and assigned Proposal Notes.
To accomplish the purpose herein expressed, the Contracting authority and Contractor have signed this and one
other identical instrument.
For Federal -A'4 contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains
all pertinent16rovisions and requirements of the contract.
By
By /
Contracting A
Iowa DOT Concurrence
Agency Contracts
Contractor (if joint venture)
IL-5- 2.0140
Contract Award Date
CXS—curr:' 111: I I
FB96 )Form 650019)
11-05
Page:- 1B '
Letting Date: October 18, 2016 Contract ID: 31-2100-664 Bid Order No. : 005
It is further understood and agreed that the above work shall be commenced or completed in accordance with
the following schedule:
SITE
NUMBER
CONTRACT PERIOD
/SITE DESCRIPTION
LIQUIDATED
DAMAGES
CONTRACT LATE START DATE 04/03/2017 180 WORKING DAYS $2,000.00
CONTRACT NOTES
CONTRACT SCHEDULE OF PRICES Page: 2
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item I Unit Price I Bid Amount
Line I Item Number I Quantity I I
No I Item Description I and Unit 1 Dollars 1 Cts I Dollars (Cts
SECTION 0001 ROADWAY ITEMS
12101-0850001 CLEARING 1
0010 AND GRUBBING 1
1 (ACRE
6.7001
1
3,563.430001
I
23,874.98
12102-0425071 SPECIAL I I I
0020 !BACKFILL 1 621.0001 32.000001
1 ICY 1 I
19,872.00
12102-2200000 I I 1
0030 !INTERCEPTING DITCHES AND I 1,210.0001 5.000001
!FLUMES !LF I I
6,050.00
12102-2624980 CONTRACTOR I I I
0040 !FURNISHED SELECT 1 11,037.0001 13.000001 143,481.00
!TREATMENT ICY 1 I
12102-2710070 EXCAVATION, I I 1
0050 !CLASS 10, ROADWAY AND I 131,868.2001 3.000001 395,604.60
!BORROW ICY 1 1
12102-2712015 EXCAVATION, I 1 I
0060 !CLASS 12, BOULDERS OR 1 15.0001 14.000001
(ROCK FRAGMENTS ICY I I
210.00
12102-2712070 EXCAVATION, I I I
0070 !CLASS 12, ROADWAY AND 1 41,137.0001 4.000001 164,548.00
!BORROW ICY I I
12102-3240000 WATER FOR 1 I I
0080 !EMBANKMENT CONSTRUCTION 1 650.0001 14.000001
I IMGAL 1 1
9,100.00
12102-4560000 LOCATING 1 I I
0090 !TILE LINES I 47.1001 100.000001
1 TSTA I I
4,710.00
12105-8425015 TOPSOIL, 1 1 I
0100 !STRIP, SALVAGE AND 1 9,175.6001 6.000001 55,053.60
(SPREAD ICY 1 I
12107-0875100 COMPACTION I I I
0110 (WITH MOISTURE CONTROL 1 108,056.0001 0.100001 10,805.60
I ICY 1 I
1
CONTRACT SCHEDULE OF PRICES Page: 3
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item I Unit Price I Bid Amount
Line I Item Number I Quantity I I
No I Item Description I and Unit I Dollars I Cts 1 Dollars 1Cts
12107-3825025 GRANULAR 1 1 1
0120 (MATERIAL FOR BLANKET AND 1 520.0001 40.000001
ISUBDRAIN ICY 1 1
20,800.00
12115-0100000 MODIFIED 1 1 I
0130 ISUBBASE 1 248.5001 40.000001 9,940.00
1 ICY 1 I
12121-7425020 GRANULAR
0140 ISHOULDERS, TYPE B
1
1 1 1
I 450.2001 25.000001
(TON I I
11,255.00
12122-5190009 PAVED 1 1 1
0150 ISHOULDER, P.C. CONCRETE, I 402.3001 43.100001
19 IN. ISY 1 I
17,339.13
12122-5190501 PAVED 1 1 1
0160 ISHOULDER, PORTLAND 1 26.5001 57.900001 1,534.35
ICEMENT CONCRETE (PAVED 1SY 1 I
ISHOULDER PANEL FOR 1 1 1
IBRIDGE END DRAIN) 1 1 I
12123-7450000 SHOULDER 1 1 1
0170 1CONSTRUCTION, EARTH 1 32.7001 200.000001
1 TSTA 1 I
6,540.00
12301-0690203 BRIDGE 1 1 1
0180 1APPROACH, BR -203 1 453.9001 122.000001
1 ISY 1 1
55,375.80
12301-1033090 STANDARD OR 1 1 I
0190 ISLIP FORM PORTLAND 1 802.7001 59.600001 47,840.92
!CEMENT CONCRETE PAVEMENT, ISY
!CLASS C, CLASS 3
(DURABILITY, 9 IN. 1 1 I
12301-6911722 PORTLAND I I I
0200 (CEMENT CONCRETE PAVEMENT 1LUMP ILUMP I 1,050.00
1SAMPLES I I I
12304-0100000 DETOUR I I I
0210 1PAVEMENT I 3,460.6001 26.600001 92,051.96
1 ISY I I
CONTRACT SCHEDULE OF PRICES Page: 4
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item I Unit Price I Bid Amount
Line I Item Number I Quantity I 1
No I Item Description I and Unit I Dollars I Cts I Dollars (Cts
12401-6750001 REMOVALS, 1 I I
0220 IAS PER PLAN (LUMP (LUMP I 2,000.00
1 I I I
12402-0425040 FLOODED 1 I 1
0230 (BACKFILL 1 645.2001 32.000001 20,646.40
1 ICY 1 I
12402-2720100 EXCAVATION, I I I
0240 (CLASS 20, FOR ROADWAY 1 739.3001 10.000001 7,393.00
(PIPE CULVERT ICY 1 I
12412-0000100 1 1 1
0250 (LONGITUDINAL GROOVING IN 1 1,525.0001 2.000001
(CONCRETE ISY 1 1
3,050.00
12416-0100018 APRONS, 1 1 1
0260 (CONCRETE, 18 IN. DIA. 1 8.0001 700.000001 5,600.00
1 (EACH 1 1
12416-0100024 APRONS, 1 1 I
0270 (CONCRETE, 24 IN. DIA. 1 2.0001 1,400.000001 2,800.00
1 (EACH 1 I
12416-0100030 APRONS, 1 1 1
0280 (CONCRETE, 30 IN. DIA. 1 1.0001 850.000001
1 (EACH 1 I
850.00
12416-0100036 APRONS,
0290 (CONCRETE, 36 IN. DIA.
1
I
I
EACH
I
2.0001
I
1,200.000001
2,400.00
12416-1180018 CULVERT, I 1 1
0300 (CONCRETE ROADWAY PIPE, I 234.0001 40.000001 9,360.00
118 IN. DIA. ILF 1 I
12416-1180024 CULVERT, I 1 1
0310 (CONCRETE ROADWAY PIPE, I 166.0001 50.000001 8,300.00
124 IN. DIA. ILF I I
12416-1180030 CULVERT, I I I
0320 (CONCRETE ROADWAY PIPE, I 20.0001 70.000001 1,400.00
130 IN. DIA. ILF 1 I
CONTRACT SCHEDULE OF PRICES Page: 5
********************************************************************************
Vendor No.: H0170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
Line
No
Item Number
Item Description
I Item 1 Unit Price I Bid Amount
I Quantity I I
I and Unit I Dollars 1 Cts 1 Dollars 1Cts
12416-1240036 CULVERT, 1 1 I
0330 13000D CONCRETE ROADWAY I 418.0001 90.000001 37,620.00
IPIPE, 36 IN. DIA. ILF 1 I
12422-0360024 APRONS, 1
0340 (UNCLASSIFIED, 24 IN. DIA.1
1 (EACH
1
2.0001
I
400.000001
I
800.00
12422-0360030 APRONS, 1
0350 (UNCLASSIFIED, 30 IN. DIA.1
1 (EACH
2.0001
I
500.000001
I
1,000.00
12422-1723024 CULVERT, I I I
0360 !UNCLASSIFIED ROADWAY I 94.0001 50.000001
!PIPE, 24 IN. DIA. ILF 1 I
4,700.00
12422-1723030 CULVERT, I I I
0370 (UNCLASSIFIED ROADWAY I 84.0001 65.000001
(PIPE, 30 IN. DIA. ILF I 1
5,460.00
12435-0254702 BARRIER I
0380 (INTAKE, SW -547, WELL 1
IONLY (EACH
1.0001
I
3,800.000001
I
3,800.00
12435-0254902 BARRIER I I I
0390 (INTAKE, SW -549, WELL 1 1.0001 4,000.000001 4,000.00
IONLY (EACH 1 I
12502-8212024 SUBDRAIN, I I I
0400 (LONGITUDINAL, 1 2,000.0001 10.000001 20,000.00
1(BACKSLOPE) 4 IN. DIA. ILF I 1
1 1 I I
12502-8212034 SUBDRAIN, I I I
0410 (LONGITUDINAL, (SHOULDER) I 760.0001 15.000001
14 IN. DIA. ILF I I
11,400.00
12502-8212204 SUBDRAIN, 1
0420 (PERFORATED PLASTIC PIPE, I
14 IN. DIA. ILF
I I
930.0001 18.000001
I I
16,740.00
12502-8221304 SUBDRAIN I I I
0430 (OUTLET, DR -304 1 13.0001 250.000001
1 (EACH 1 1
3,250.00
CONTRACT SCHEDULE OF PRICES Page: 6
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item 1 Unit Price I Bid Amount
Line I Item Number 1 Quantity I 1
No I Item Description I and Unit I Dollars I Cts 1 Dollars 'Cts
12502-8221305 SUBDRAIN 1
0440 (OUTLET, DR -305 I
I (EACH
2.0001
350.000001
700.00
12503-0500401 BRIDGE END
0450 'DRAIN, DR -401
1EACH
1.0001
10,000.000001
10,000.00
12506-4984000 FLOWABLE 1 I 1
0460 'MORTAR 1 94.0001 120.000001
1 ICY 1 I
11,280.00
12507-3250005 ENGINEERING I I
0470 (FABRIC 1 2,215.2001 2.000001 4,430.40
1 ISY 1
12507-6800061 REVETMENT, I I 1
0480 ICLASS E 1 21.5001 40.000001
1 ITON 1 I
860.00
12507-8029000 EROSION 1 I I
0490 ISTONE 1 1,337.0001 16.000001 21,392.00
1 ITON 1
12510-6745850 REMOVAL OF
0500 'PAVEMENT
1
I I
6,219.1001
ISY
4.000001
24,876.40
12513-0001081 CONCRETE 1 .1 1
0510 IBARRIER, TAPERED END, 1 2.0001 2,500.000001 5,000.00
IBA -108 (EACH 1 I
12513-0471001 CONCRETE 1
0520 IBARRIER, APPROACH,
'MODIFIED (EACH
2.0001
2,,500.000001
5,000.00
12515-2475006 DRIVEWAY, P.I
0530 IC. CONCRETE, 6 IN. 1 69.4001 45.700001 3,171.58
ISY 1 1
12518-6910000 SAFETY 1
0540 'CLOSURE 1
1 (EACH
7.0001
150.000001
1,050.00
CONTRACT SCHEDULE OF PRICES Page: 7
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I 1 Item I Unit Price I Bid Amount
Line I Item Number 1 Quantity 1 I
No I Item Description 1 and Unit 1 Dollars 1 Cts I Dollars !Cts
12519-1002048 FENCE, 1 1 1
0550 !CHAIN LINK, 48 IN. 1 28.0001 55.000001 1,540.00
IHEIGHT ILE 1 I
12519-2000010 FENCE, I I I
0560 ICHANNEL CROSSING, TYPE A I 136.0001 20.000001
ILF 1 I
2,720.00
12519-3280000 FENCE, 1 1
0570 IFIELD 1 2,933.1001 3.560001 10,441.84
1 ILF 1
12519-3300400 FIELD FENCE I I
0580 !BRACE PANELS 1 80.0001 140.000001
(EACH
11,200.00
12520-3350010 FIELD 1
0590 ILABORATORY 1
I (EACH
1.0001
1
8,913.630001
8,913.63
12526-8285000 1 1 1
0600 ICONSTRUCTION SURVEY ILUMP ILUMP 1 30,600.00
1 1 1
12527-8400065 TEMPORARY I 1 1
0610 IDELINEATORS 1 49.0001 26.000001 1,274.00
I (EACH 1
12527-9263109 PAINTED 1 1 1
0620 IPAVEMENT MARKING, 1 115.3001 30.000001 3,459.00
!WATERBORNE OR TSTA 1 I
(SOLVENT -BASED 1 1 1
12527-9263180 PAVEMENT 1 1 1
0630 !MARKINGS REMOVED 1 11.1001 45.000001
I TSTA 1 1
499.50
12528-8400157 TEMPORARY 1
0640 IFLOODLIGHTING LUMINAIRE 1
I !EACH
2.0001
2,500.000001
5,000.00
12528-8445110 TRAFFIC 1 1
0650 !CONTROL ILUMP ILUMP 1 5,500.00
1 1 1
CONTRACT SCHEDULE OF PRICES Page: 8
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item 1 Unit Price 1 Bid Amount
Line I Item Number I Quantity I I
No 1 Item Description I and Unit 1 Dollars 1 Cts 1 Dollars !Cts
12528-8445113 FLAGGERS 1 1 I
0660 I 1 40.0001 450.000001 18,000.00
1 (EACH 1 I
12533-4980005 1 1 1
0670 !MOBILIZATION ILUMP ILUMP I 633,261.20
1 1 1 I
12599-9999001 ('ACRES' I 1 1
0680 !ITEM) SUBGRADE 1 3.2001 1,000.000001 3,200.00
!STABILIZATION IACRE 1 I
12599-9999009 ('LINEAR 1 1 I
0690 !FEET' ITEM) SOIL NAILS I 39,220.0001 12.000001 470,640.00
!FOR SLOPE REINFORCEMENT ILE 1 I
I 1 I I
12599-9999014 ('SQUARE I 1 1
0700 !FEET' ITEM) REINFORCED 1 50,500.0001 2.500001 126,250.00
!VEGETATION SYSTEM ISF 1 I
12601-2633100 MOWING I I
0710 1 1 3.1001 10.000001
IIACREI I
31.00
12601-2634100 MULCHING 1 I 1
0720 1 1 13.3001 700.000001 9,310.00
I IACRE I I
12601-2640350 SPECIAL
0730 !DITCH CONTROL, WOOD 1 660.0001 15.550001 10,263.00
!EXCELSIOR MAT ISQ I I
12601-2642100 STABILIZING I I I
0740 !CROP - SEEDING AND 1 13.3001 450.000001 5,985.00
!FERTILIZING IACRE I 1
12601-2643110 WATERING
0750 !FOR SOD, SPECIAL DITCH I 0.2001 60.000001
!CONTROL, OR SLOPE IMGAL
!PROTECTION I I I
12.00
12601-2643300 I I I
0760 !MOBILIZATION FOR 1 3.0001 350.000001 1,050.00
!WATERING !EACH 1 I
CONTRACT SCHEDULE OF PRICES Page: 9
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item 1 Unit Price 1 Bid Amount
Line 1 Item Number 1 Quantity 1 I
No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars 1Cts
12601-2643412 TURF
0770 (REINFORCEMENT MAT, TYPE
12
I SQ
1 1
398.8001 55.000001
1 1
21,934.00
12601-2700020 TRANSITION
0780 1MAT
1
I SF
1 1
32.0001 16.780001
536.96
12602-0000020 SILT FENCE
0790 1
1
I I
2,000.0001
ILF 1
2.000001
1
4,000.00
12602-0000030 SILT FENCE
0800 1FOR DITCH CHECKS
1
1 1
1 1,725.0001
ILF 1
1.750001
1
3,018.75
12602-0000050 SILT BASINS 1 1 I
0810 1 1 38.0001 150.000001
(EACH 1
5,700.00
12602-0000071 REMOVAL OF 1 1 1
0820 1SILT FENCE OR SILT FENCE 1 3,725.0001 0.010001
!FOR DITCH CHECKS ILF 1 1
37.25
12602-0000080 REMOVAL OF 1 1 I
0830 (SILT BASINS 1 38.0001 150.000001 5,700.00
1 (EACH 1 1
12602-0000101 MAINTENANCE 1 1 I
0840 1OF SILT FENCE OR SILT 1 373.0001 2.000001
(FENCE FOR DITCH CHECK ILF
1 1 1 1
746.00
12602-0000150 STABILIZED
0850 (CONSTRUCTION ENTRANCE
1
LF
I I
200.0001 30.000001
1 1
6,000.00
12602-0000160 ROCK CHECK 1 1 I
0860 (DAM 1 1,820.0001 6.000001 10,920.00
1 ILF 1 I
12602-0000170 MAINTENANCE 1 1 I
0870 1OF ROCK CHECK DAM 1 246.0001 30.000001 7,380.00
1 (EACH 1 1
CONTRACT SCHEDULE OF PRICES Page: 10
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I I Item I Unit Price 1 Bid Amount
Line I Item Number 1 Quantity I I
No I Item Description I and Unit I Dollars I Cts I Dollars !Cts
12602-0000180 REMOVAL OF I I I
0880 IROCK CHECK DAM 1 82.0001 130.000001
1 (EACH 1
10,660.00
12602-0000312 PERIMETER I I I
0890 AND SLOPE SEDIMENT 1 720.0001 3.040001 2,188.80
ICONTROL DEVICE, 12 IN. ILF 1 I
IDIA. I I I
12602-0000320 PERIMETER I I I
0900 IAND SLOPE SEDIMENT 1 8,730.0001 3.960001
!CONTROL DEVICE, 20 IN. ILF 1 I
IDIA. 1 I I
34,570.80
12602-0010010 1
0910 !MOBILIZATIONS, EROSION 1
!CONTROL (EACH
1.0001
500.000001
500.00
12602-0010020 I
0920 (MOBILIZATIONS, EMERGENCY I
(EROSION CONTROL EACH
1.0001
1,000.000001
1,000.00
SECTION 0002 DESIGN NO. 0316; 361'-4 X 31' W/12'0 BIKE TRAIL PRETENSIONED
PRESTRESSED CONCRETE BEAM BRIDGE
12402-2720000 EXCAVATION, I I I
0930 (CLASS 20 I 1,572.0001 15.000001 23,580.00
1 ICY 1 I
12403-0100010 STRUCTURAL I 1 1
0940 (CONCRETE (BRIDGE) 1 1,098.0001 725.000001 796,050.00
1 ICY 1
12403-7000210 HIGH I I I
0950 !PERFORMANCE STRUCTURAL I 635.7001 625.000001 397,312.50
!CONCRETE ICY 1 1
12404-7775000 REINFORCING I I I
0960 ISTEEL I 118,904.0001 1.000001 118,904.00
1 ILB 1 I
12404-7775005 REINFORCING I I I
0970 ISTEEL, EPDXY COATED I 203,567.0001 1.000001 203,567.00
1 ILB I I
CONTRACT SCHEDULE OF PRICES Page: 11
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
I 1 Item I Unit Price I Bid Amount
Line I Item Number I Quantity I I
No 1 Item Description I and Unit I Dollars 1 Cts 1 Dollars (Cts
12407-0551440 BEAMS, 1
0980 (PRETENSIONED PRESTRESSED I
ICONCRETE, D40 (EACH
7.0001
1
11,500.000001
1
80,500.00
12407-0551500 BEAMS, I
0990 (PRETENSIONED PRESTRESSED I
ICONCRETE, D100 EACH
7.0001
I
I
17,500.000001
1
122,500.00
12407-0551505 BEAMS, 1 1 I
1000 (PRETENSIONED PRESTRESSED I 7.0001 18,500.000001
(CONCRETE, D105 (EACH 1 I
129,500.00
12407-0551510 BEAMS, 1
1010 (PRETENSIONED PRESTRESSED I
ICONCRETE, D110 (EACH
7.0001
I
19,500.000001
I
136,500.00
12414-6424119 CONCRETE I I I
1020 1BARRIER RAILING, I 390.5001 185.000001
IAESTHETIC ILF
72,242.50
12414-6425410 CONCRETE I I I
1030 (BARRIER, REINFORCED, I 364.1001 70.000001
ISEPARATION ILE I I
25,487.00
12414-6425420 CONCRETE I I I
1040 (BARRIER, PARAPET 1 386.1001 185.000001
I ILE 1 I
71,428.50
12499-2300001 DECK DRAINS I 1 I
1050 1 ILUMP ILUMP 1 5,000.00
I I I I
12501-0201057 PILES, I I I
1060 (STEEL, HP 10 X 57 1 1,130.0001 45.000001
1 ILE I I
50,850.00
12501-6335010 PREBORED I I I
1070 (HOLES 1 240.0001 60.000001 14,400.00
I
ILE I I
12507-2638610 CONCRETE I I I
1080 (SLOPE PROTECTION 1 1,413.0001 100.000001
I ISY I I
141,300.00
CONTRACT SCHEDULE OF PRICES Page: 12
********************************************************************************
Vendor No.: HO170
Contract ID No.: 31-2100-664
Primary Work Type: BRIDGE NEW - PPCB
Primary County: DUBUQUE
Bid Order No.: 005
Letting Date: October 18, 2016
10:00 A.M.
1 1 Item Unit Price Bid Amount
Line 1 Item Number 1 Quantity
No 1 Item Description 1 and Unit Dollars 1 Cts Dollars 1Cts
12507-2638660 BRIDGE WING 1
1090 1ARMORING - MACADAM STONE 1
I ISY
24.600
50.000001 1,230.00
12599-9999010 ('LUMP SUM' 1
1100 (ITEM) CAST STONE 1LUMP 1LUMP
1 1 1
15,000.00
1TOTAL BID 1 5,236,760.95
REQUIRED CONTRACT PROVISIONS
FEDERAL -AD CONSTRUCTION CONTRACTS
General
Nondiscrimination
Nonsegregated Facilities
Davis -Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act
Provisions
Subletting or Assigning the Contract
Safety: Accident Prevention
Faise Statements Concerning Highway Projects
Implementation of Clean Air Act and Federal Water
Pailution Control Act
Compliance with Governmentwide Suspension and
Debarment Requirements
Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway Appalachian Local Acces
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHW*273m,st be physically incorporated in each
construction contracfunded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirementsnfFonnFHVVA'1zr3a,e
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcoritracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHVvA'1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the foliowing
sections, these contracprovisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractors
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
FHWA-1273 -- Revised May 1, 2012
3. A breach of any of the stipulations contained in these
Required ContracProvisioris may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the Iimits of a construction project on a Federal -aid
highway unless it is labor performed by convictswho are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $1 0,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In additionthe contractor and all subcontractors must comply
with the following policies: Executive Order 11240.41CFR nn.
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the CiviI Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractoand all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(u)anu.mrunovnstmmionoontractsoxceedin9$10.000.
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labohas exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), arid Title Vl of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The foliowing provision is adopted from 23 CFR 230, Appenix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal EmploymenOpportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, ru|ea, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
this contract. The provisions of the Amercans with Disabilities
Act u«199n(42U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In tho execution ofthis contract,the contractor
agrees to comply with the foliowing minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to erisure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
'It is the policy of this Company to assure that applicants
are employed, and thaemployees are treated during
employment, without regard to their race, religion, sex, color,
nahonal origin, age or disability. Such action shall nclude:
employment, upgrading, demotion, or transfer; recruitment or
recruftment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including appn,nbmsmp, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: AlI members of the contractors
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibflities to provide EEO in each grade
and classificatiori of employment. To ensure that the above
agreement will be rnet, the foliowing actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not Iess often than once every six rnonths, at which time the
contractor's EEO policy and its implementation will be
reviewed and explainedThe meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel offlce employees will be
given a thorough indoctrination by the EEO Officor, covering
all major aspects of the contractors EEO obligations within
thirty days following their reporting for duty with the contractor,
c. All personnel who are engaged in direcrecruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for Iocating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accesible to employees,
applicants for employment and potential employees.
e. The coritractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by rneans of meetings, employee handbooks, or
other appropriate means.
2
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: 'An Equal Opportunity Employer." All such
advertisemonts will be placed in publications having a Iarge
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualifiecl minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicarits may be referred to the contractor for employmont
consideration.
b. In the eventho contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extont that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
cThe contractor will encourage its presenemployees to
refer minorities and women as applicarits for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wagesworking conditions, and
employee benefits shall be established and administerod, 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 foliowing procedures shall be
followed:
a. The contractor will conducperiodic inspectionof project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatmont of project site
m,mnnnoi
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected porsonnel
actions in depth to determine whether there is evidence of
discrimination. Where ovidenco is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviowed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all cornplaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the invostigation indicates that the
discrimination may affect persons other than the complainarit,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
applicants for emplSuch efforts
should be aimod at developing full journey level status
employees in the type of trade or job classification nvolved.
b. Consistent with the contractors work force requirements
and as permissible undeFederal and State regulations, the
contractor shall make full use of training programs, Le.,
apprenticeship, and onthe-job training programs for the
geographical area of contract performance. In the event a
special provision for trainng is provided under this contract,
this subparah will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(o).
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 trainng and
promotion potential of employees who are minorities and
women 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 good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women, Actions by
the contractor, eithor directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information,
d. In the event the union is unable to provide the contractor
with a reasonable flow of reforrals within tho time limit set forth
in the collective bargaininagreement, the contractor will
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
3
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The coritractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration ofthis contract.
a. The contractor shall notify all potential subcontractors and
suppliers and Iessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10Assurance Required uv4oCFR 26.13(b):
a, The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractoshall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
M. Records and Reports: The contractor shakeep such
records as necessry to document compliance with the EEO
requirements. Such records shall be retained for a period of
threo years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kepby the contractor shadocument the
(1) The number and work hours of minority and non
i p members and women employed in eacwork
classification on the project;
(2) The progresand efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progresand efforts being made in Iocating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annusl
report to the contracng agency each July for the duration of
the project, indicatingthonumbarofminnrity.wmmon.end
non -minority group employees currently engaged in each work
classification required by the contract work. This information is
tnbereported onForm FHYVA'1381. The staffing data should
represent tho project work force on board in all or any part of
the ast payroll period preceding the end of July. If on-the-job
training is being required by spocial provision, the contractor
will be requred to collectand report training data. The
employment data should reflecthe work force on board during
all or any part of the Iast payroll period preceding the end of
July.
111. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10.n0no,more.
The contractor must ensure that facilities provided for
employees are provided irt such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom, The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any Iocation, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, lockor rooms, and othor
storage or dressing areas, parking Iots, drinking fountains,
recreation or entortainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following from the U.S. Department of
Labor rogulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mochanics ernployed or working upon
the site of the work, will be paid unconditionally and not Iess
often than once a week, and without subset deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at timo of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
4
of paragraph 1 .d. of this section; also,regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics porforming work in more than one classification
may be compensated at the rate specified for each
classification for the timo actually worked therein: Provided,
That Lhe employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1u.ofthin
section) and the Davis -Bacon poster (WH -1321) shall be
posted at all timos by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require thaany class of
aborers or mechanics, including helpers, which is not listed in
tho wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
dotermination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the foliowing criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wago
determination; and
(1) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the clasification (if known), or their
representatives, and the contractinofficer the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
80 advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in tho 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 oflicer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
will notify the contracting officewithin the 30 -day period tha
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b,(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whonever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated iri the wage determination
or shall pay another bona fide [ringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providinbona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has founU, upon the written request of the oommmnr,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracng agency shaupon its own action or upon
written request of an authorized representativo of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, orany other federally -
assisted contmmvuNoct to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of fature to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds unttl such violations
have ceased
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. SLIch records
shall contain the name, address, and social security number of
each such worker, his or her correcclassification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)ofthe
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid, Whenever the
Secretary o,Labor has found under oSCFR n.o(a)(1)(iv)that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
s
Bacon Act, the contractor shall maintain records which show
that the commitment to prove such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors emptoying apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the regisiration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs
b.(1) Tho contractor shallsubmit weekly for each week in
which any contract work is performed a coof all all payrolis to
the contracng agency. The payrolis submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5,5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. lnstead the payrolis shall only need to
include an individually identifying number for each employee (
e.g. , the Iast four digits of the employee'social security
number). The required weekly payroll|nm ation may be
submitted in any form desired. Optional Form WH -347 is
available for this purpose from the Wage and Hour Division
Web site at hup:6/wwwdnLguvirnakwhu0ormnhwh347inotrhtm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by alt subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prirne contractor for its own
records, without weekly submission to the contracting agency..
) Each payroll submittednha||boaonvmpanieubya
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under Oo.n(o)(u)(Vo Regulations, 29
CFR part 5, and that such information is correcand
complete;
(ii) That eaclaborer or mechanic (including each
helper, apprentice, and trainee)employed
during the payroll period has been paid tho full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the futi wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(9) That each laborer or mechanic has been paid not
Iess than the applicable wage rates and fringe beneftts or
cash equivalents for the classification of work performed,
as specified in the applicabte wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under secon 1001 mtitle 18and section 2a1 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to tho contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the sLlspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
rocords upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs ofthe USDOL).
Apprentices will be permitted to work at Ioss than the
predeterrnined rate for the work they performed when they are
employed pursuant to and individually registerod in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment arid Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State ApprenticeshipAgenuymco0n|zedby,he0ffico.v,ifa
person is employed in his or her first 90 days of probationary
employmont as an apprentice in such an apprenticeship
program, who is not individually rogistered in the program, but
who has beeri certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen 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, Anyworker Iisted on a payroll at an
apprentice wage rate, who is not registered or othorwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work 00 the job site in excess of the
ratio permitted under the registered program shall be paid not
Iess than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a Iocaiity other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not Ioss than the rate
specified in the registered program for the apprentices level of
progress, expressed as a percentage of the journeymen hourly
6
rate specified in the applicable wage determinatio
Apprentices shall be paid fringe benefits in accordance wit
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringo benefits,
apprentices must be paid the full amount of fringe benefits
listed 00 the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable aU classification,
fringes shall be paid in accordance with that determination.
In the event the Officof Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no Ionger be
permitted to utilize apprentices at Iess than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specifie
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions ofthe
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listod on the wage determination unless the
Adrninistrator of the Wageand Hour Division determines that
there is an apprenticeship prograrn associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee Iisted on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the everitthe Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices arid Trainees (programs ofthe US. DOT).
Apprentices and traineos working under apprenticeship and
skiII training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apUceand
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copetand Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shainsert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1 273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contracclauses inzoCFR no,
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12,
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standars. Disputes arising
out of the labostandards provisions of this contracshall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contracby virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
7
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply 10 any Federal -aid construction
contract inanamount inexcess of$1O0.U00and subject tothe
overtime provisions of the Contract Work 1 -lours andd S
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess offorty hours in such workweek unloss such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; Iiability for unpaid wages; Iiquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be Iiable 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 hquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $1 0 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without paymont ofthe overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and Iiquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined 10 be
necessary to satisfy any Iiabilities of such contractor or
subcontractor for unpaid wages and Iiquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shainsert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The primo contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1 The contractor shall perform with its own organization
contract work amounting to not less than 30 percen(or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agoncy. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractors own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or Ieased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
oquipment of a subcontractor or lower tier subcontractor,
agonts of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring Ieased
employees from an employee teasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees rnay only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains controover the
supervision of the day -today activities of the leased
employees;
(2) the prime 'contractormmomumsponuNeforUmqua|hy
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude indMdual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, staternents of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be Iimited Lo work
that requires highly specialized knowledge, abilities, or
oquipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract,
2. The contract amount upon which Lhe requirementsmet forth
in paragraph (1) of Section VI is computed includes the cosof
material and manufactured products which are to be
purchased or produced by the contractor under the contrac
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 coristruction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be subiet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
8
evidenced in wring and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T his pro v i o i o n is applicable mall Federal -aid
construction contracts and to all related subcontracts.
1. In tho performance of this contractthe contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer madetermine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3,Pursuant vz29CFR 1926.3.nismcondition ofthis contract
that the Secrotary of Labor or authrized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of [he Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T his pro v i s i n n is applicable mall Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possfble. WiIlfuI falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway ect (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1820reads asfollows:
'Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoevewhether a
person, association, firm, or corporation, knowingy makes any
faise statement, faise representation, or faise report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work porformed or to
be performed, or the cost thereof in connection with the
submisson 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 faisestatement, false
represontation, faise report or faise claim with respoct to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any faise statement or faise
representatiori as to material fact in any statement, conifivote,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 191V.(aaStat. 3nn).msamended
and supplemented;
Shat be fined under this titlo or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to aII Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the exocution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contmoto,, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. Thaany person who is or wilI be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to aII Federal -aid construction
contracts, design -build contracts, subcontracts, lower-tie
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier 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
9
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connoction with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participantmmmiohe
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a materislrepresentation
of fact uwhich reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospoctive first tier
participant Iearns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
�usmendnd.^�n�Oi�e.^^pa�� n�^^ ^ "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). 'Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). 'Lower Tier
Participant" refers any participant who has ontered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered lransaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participationin this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transactily upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covored transaction, unless it
knows that the certification is erroneous. A participant is
rosponsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the oligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, checthe Excluded
Parties List System website (htts://www,epls,aov/), which is
compiled by the General Services Administration.
i. Nothing contined in the foregohg shall be construed to
require tho establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normalled by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is susded, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remethes available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment, Suspension,
Ineflgibility and Vountary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a period
proposal been convicted of or had a civil judgment rendered
against them for cornmission of fraud or a crirninal 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 cornmission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making faise
statements, or receiving stolen property;
(3) Are not presentlindicted for or otherwise criminally or
civilly charged by a govornmental entity (Federal, State or
Iocal) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Cortification - Lower Tior Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approvalor
estimated to cost $25,000 or more 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier 5 providing the certification set out below.
b. The certification in this clause is a material representation
of facupon which reliance was placod when this transactiori
was ontered mb. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
10
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provido
immediate written notice to the person to which this proposal is
submitted if at atime the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms covered transaction," "debarred,"
"suspended," "mneligible," "participant," "person,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contactthe person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. First Tier Covored Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract), 'Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). First Tier Participant"
refers to the participant who has entered into a covered
transaction with a graritee or subgrantee of Federal funds
(such as the primo or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tior Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposecovered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
gobmrred, suspended, declared ineligible, orvoluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated,
f. The prospective lower tier participant further agrees by
submitting this proposathat it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in alI lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, susponded, mneligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise mneligmble to participate in covered
transactions. To verify the eligibility of its princi| ll as
the eligibility of any lowetier prospective participants, each
participant may, but is not required to, check tho Excluded
Parties List System website (httos://wNw,eols,qov/), which is
compiled by the General Services Administration,
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in ordeto render
in good faith the certification required by this clause. The
knowledgo and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordmnary 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 iower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue avai!able remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and VoluntarExclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lowetier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
Xl. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construcUon
contracts and to aH related subcontracts which exceed
$100,000 (49 CFR 20).
1. certifies, by signingand
submitting this bid or proposal, to the besof 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 unuensigned, 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 Mernber of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
moditication 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 intiuencing or
attempting to nfluence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosuro Form to Roport
Lobbying," in accordance with its instructions.
2. This certification is a material representation of facupon
which reliance n this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that tho
Ianguage of this certification be included in all lower tier
subcontracts, which exceed $ 100,000 and that all such
recipients shall certify and disclose accordingly.
11
DOT
SMARTER U SIMPLER 1 CUSTOMER DRIVEN
TO: COUNTIES
CITIES
COUNTY CONSERVATION BOARDS
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Office of Contracts | Project Delivery Bureau
8OOLincoln Way | Ames, Iowa 5O01O
Phone: 515-239-1414 I Email: dot.contracts@dot.iowa.gov
SUBJECT: INSTRUCTIONS FOR ISSUING SALES AND USE TAX EXEMPTION
CERTIFICATES
lowa Code aliows designated exempt entities to issues Sales and Use Tax Exemption Certificates. These
certificates, when issued to contractors and sub -contractors, allow the purchase of qualifying items to be made
exempt from Iowa sales tax, applicable local option sales tax, and school infrastructure local option sales tax.
Enclosed are the Sales and Use Exemption Certificatefor co)awardedthmughthe|owaOOTletting.
IMPORTANT: Please sign each of the Sales and Use Tax Exemption Certificates and send them to the prime
contractor.
Callthe Office of Contractsot515'239-1414ifyou have any questions.
Sincerely,
. 0.—Cu4e,���
Wes NiMusgrove, P.E.
Contracts Engineer
VWVM/met
Enclosure(s)
CZ
CT
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rri
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Olowa Department
W of Transportation
Iowa Department of Revenue F005 (650071) 08-08
www.state.ia.us/tax
DESIGNATED EXEMPT ENTITY
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
AND AUTHORIZATION LETTER
This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor.
Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records.
Do not send this to the Department of Revenue.
Designated Exempt Entity
CITY OF DUBUQUE, PUBLIC WORKS DIREC
Address 1
50 WEST 13TH ST
Address 2
City State Zip Code
DUBUQUE IA 52001-4864
Construction Project Name
16/10/18\005
Construction Project Number (if used)
31-2100-664
Description of contract/subcontract (please print/type clearly)
DUBUQUE HDP -2100 (664) --71-31
BRIDGE NEW - PPCB
General Contractor or Subcontractor Name
HOFFMAN CONSTRUCTION COMPANY & SUBS
Address 1
123 COUNTY TRUNK HIGHWAY A
Address 2
City
BLACK RIVER FALLS
State Zip Code
WI 54615-0000
The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption
does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into
the real property being constructed.
Designated Exempt Entity Authorized Agent Dat
31-013 (8/18/03)
AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION
CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your
building materials.
Pursuant to Iowa Code Section: 423.3 (80). you are authorized to purchase building materials tax free for the contract specified
above.
The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will
authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete
information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web
site.
it is your responsibility to have records identifying the materials purchased and verifying they were used on this construction
project. Any materials purchased tax—free and not used on this construction project are subject to sales and applicable local
option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is
completed. Email the department at idrliowagov if you have questions on this requirement
Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that
do not qualify for exemption could result in civil or criminal penalties.
SUBCONTRACTOR AUTHORIZATION AND EEO POSTER NOTICE
County: DUBUQUE
Contract la 31-2100-664
Date of Letting: 16/10/18
Wage Decision: 1A16-97. OA
To: Employees and Applicants
Equal Employment Opportunity (EEO) and Affirmative Action (AA) requirements apply to this
contract It is the policy of the contractors working on this contract to ensure that
applicants are employed, and that employees are treated during employment, without regard
to their race, religion, sex, color, national origin, age, or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-job training.
You should contact the Iowa Department of Transportation, Office of Employee Services,
Civil Rights Section at 515-239-1921 to register your complaint if you feel that you are
being discriminated against because of your race, religion, sex, color, national origin, age,
or disability.
Contractors authorized to work on this contract are listed below. Individuals seeking
employment may contact them about employment opportunities and information about each
company's training program.
Contractor
HOFFMAN CONSTRUCTION COMPANY & SUBS
F002 (650196)
09-13
it tate Telephone
BLACK RIVER FAL WI (715)284-2512
3IOWADOT
October 24, 2016
SMARTER I SIMPLER I CUSTOMER DRIVEN
C�
To: Local Agency Contracting Authority
/i/rV/i/( p/
www.iowadot.gov
Office of Contracts I Project Delivery Bureau
800 Lincoln Way I Ames, Iowa 50010
one: 515-239-1414 I Email: dot.contracts@dot.iowa.gov
Subject: Contracts for Award Determination (See listing enclosed)
The Iowa DOT has accepted bids on behalf of your agency. We have determined the contractor who provided the lowest
responsive bid. It is your responsibility to analyze the bids and make a final determination to award the contract or reject all
bids. We have enclosed a copy of the bid tabulations for your review of the bids.
Also enclosed are two (2) original copies of the contract. Please take one of the two following actions:
REJECT ALL BIDS OPTION
Do not have discussions with the contractor prior to rejecting all bids.
1. Take formal Board/Council action to reject all bids.
2. Send written notification to the contractor of your intent to not award a contract.
3. Send written notification with justification to the Office of Contracts, Iowa DOT, of your action to reject all bids within 30
days.
4. Destroy bid tabs. This information is confidential for projects that are not awarded.
AWARD OF CONTRACT OPTION
Do not discuss or have discussions with the contractor prior to receiving notice from the DOT that the DOT
has concurred in the award of the contract.
1. Take formal Board/Council action to award the contract.
2. Send 2 originals of the contract to the contractor and ask for two signed originals to be returned to the contracting
authority for signature. . Do not remove any pages from this contract.
3. Obtain Bond Form 181419 (05-16) from the contractor.
4. Obtain a "certificate of insurance" from the contractor listing the contractor as insured and the contracting authority as an
additional insured party.
5. Please forward two originals of the contract, one original performance bond, and one certificate of insurance to:
Mary Thompson
Office of Contracts, Iowa DOT
800 Lincoln Way, Ames, IA 50010
These contract documents should be returned to the Office of Contracts within 30 days, regardless of when the work is
proposed to start.
6. The Office of Contracts will furnish your City Clerk/County Engineer and the contractor a fully executed and signed original of
the contract.
7. The Office of Contracts will authorize all subcontracts and send the City Clerk/County Engineer the paper tax exemption
certificates for signature.
8. The contracting authorities are reminded that federal regulations may apply to this contract. The contracting authorities shall
ensure compliance with all applicable civil rights, and Davis -Bacon requirements. The Office of Contracts, Iowa DOT, will
furnish the contractor with applicable posters.
Please contact the Iowa Department of Transportation Administrating Office regarding the pre -construction meeting and
construction administration and inspection requirements.
Note: No preconstruction conferences shall be held and no work shall commence on this project until the
contractor has been furnished a fully executed and signed contract. 0 c
Sincerely, ---1
.t.raA, -, CD w
-
Wes W. Musgrove, P.E.CoCD —p
Contracts Engineero
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ELIST90 - Part A
Iowa Department of Transportation -- Office of Contracts p. 10
Local Awarded Contracts in the 180CT2016 Letting
Contracting Authority: CITY OF DUBUQUE
Bid Order: 005
Awarded to: HOFFMAN CONSTRUCTION COMPANIES
123 COUNTY TRUNK HIGHWAY A
BLACK RIVER FALLS, WI 54615-0000
Phone: (715)284-2512
FAX: (715)284-9698
HOFFMAN CONSTRUCTION COMPANY & SUBSIDIARIES Bid Order: 005
Contract No.: 31-2100-664 Letting: 180CT2016
+ +
I I
1 This certification must be signed by an Officer of the Company and
returned along with the signed contract to the Contracting Authority: 1
the CITY OF DUBUQUE 1
1
+ +
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY
FOR CONSTRUCTION ACTIVITITIES.
Certification Statement
For the projects which include a Storm Water Pollution Prevention Plan (PPP)
on the contract shown above:
"I certify under penalty of law that I understand the terms and conditions
of the general (or individual, if applicable) National Pollutant Discharge
Elimination System (NPDES) permit that authorizes the storm water discharges
associated with industrial activity from the construction site as part of
this certification.
Further, by my signature, I understand that I am becoming a co -permittee,
along with the owner(s) and other contractors and subcontractors signing
such certifications, to the Iowa Department of Natural Resources NPDES
General Permit No. 2 for "Storm Water Discharge Associated with Industrial
Activity for Construction Activities" (or individual NPDES permit, if
applicable) at the identified site. As a co -permittee, I understand that I,
and my company, are legally required under the Clean Water Act and the Code
of Iowa, to ensure compliance with the terms and conditions of the storm
water pollution prevention plan developed under this NPDES permit and the
terms of this NPDES permit."
Name
Type, Stamp or Print Legibly
Title
HOFFMAN CONSTRUCTION COMPANIES
123 COUNTY TRUNK HIGHWAY A
BLACK RIVER FALLS, WI 54615-0000
Phone: (715)284-2512
Signed By Date