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Home My WebLink AboutCORRESPONDENCE - BID - 9159 DOWNTOWN TRANSIT CENTER RESTROOM RENOVATIONOfficial Purchasing Document Last updated 3/2018 Page 1 of 2 AMENDMENT #1 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AMERICAN CONTRACTING, LLC This first Amendment (Amendment #1) is entered into by and between the CITY OF FORT COLLINS (the “City”) and AMERICAN CONTRACTING, LLC (the “Professional”). WHEREAS, the Professional and the City entered into an Agreement effective December 2, 2020 (the “Agreement”); and WHEREAS, Professional and the City desire to amend the Agreement to 9159: Downtown Transit Center Restroom Renovation. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Section 00800 Davis Bacon Wage Rates removed in its entirety and replaced with the Attachment 1. Except as expressly amended by this Amendment #1, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #1, this Amendment #1 shall prevail. IN WITNESS WHEREOF, the parties have executed this first Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: FEBRUARY 17, 2021 By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 2/17/2021 2/23/2021 David Bode CM/PM Official Purchasing Document Last updated 3/2018 Page 2 of 2 DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 Attachment 1 Davis Bacon Wage Rates "General Decision Number: CO20200024 12/25/2020 Superseded General Decision Number: CO20190024 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 01/10/2020 2 01/24/2020 3 10/30/2020 4 12/18/2020 5 12/25/2020 ELEC0068-002 06/01/2020 Rates Fringes ELECTRICIAN......................$ 38.00 16.97 ---------------------------------------------------------------- ELEV0025-001 01/01/2020 Rates Fringes DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 ELEVATOR MECHANIC................$ 46.53 35.245 FOOTNOTE: a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. ---------------------------------------------------------------- ENGI0009-017 05/01/2018 Rates Fringes POWER EQUIPMENT OPERATOR (Crane) 141 tons and over...........$ 31.07 10.70 50 tons and under...........$ 28.40 10.70 51 to 90 tons...............$ 28.57 10.70 91 to 140 tons..............$ 29.55 10.70 ---------------------------------------------------------------- IRON0024-009 11/01/2020 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 32.00 12.01 ---------------------------------------------------------------- DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 IRON0024-010 11/01/2020 Rates Fringes IRONWORKER, STRUCTURAL...........$ 32.00 12.01 ---------------------------------------------------------------- PAIN0079-009 08/01/2017 Rates Fringes PAINTER (Spray)..................$ 20.50 8.41 ---------------------------------------------------------------- PAIN0419-002 07/01/2016 Rates Fringes FLOOR LAYER: Carpet Only.........$ 20.00 10.83 ---------------------------------------------------------------- * PLUM0003-010 06/01/2020 Rates Fringes PLUMBER (Excludes HVAC Duct and Pipe Installation)...........$ 38.38 16.67 ---------------------------------------------------------------- PLUM0208-011 06/01/2018 Rates Fringes DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 PIPEFITTER (Includes HVAC Pipe Installation; Excludes HVAC Duct Installation)..........$ 37.55 14.95 ---------------------------------------------------------------- SHEE0009-007 07/01/2019 Rates Fringes SHEET METAL WORKER (Includes HVAC Duct Installation; Excludes HVAC Pipe Installation)....................$ 34.62 17.95 ---------------------------------------------------------------- SUCO2013-010 07/31/2015 Rates Fringes ACOUSTICAL CEILING MECHANIC......$ 21.08 0.00 BRICKLAYER.......................$ 21.96 0.00 CARPENTER (Drywall Finishing/Taping Only)...........$ 17.49 0.00 CARPENTER (Drywall Hanging Only)............................$ 16.91 0.00 CARPENTER, Excludes Acoustical Ceiling DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 Installation, Drywall Finishing/Taping, and Drywall Hanging..........................$ 21.87 4.83 CEMENT MASON/CONCRETE FINISHER...$ 21.44 10.23 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 18.46 3.10 LABORER: Common or General......$ 13.87 2.80 LABORER: Mason Tender - Brick...$ 15.99 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 16.00 0.00 LABORER: Pipelayer..............$ 16.96 3.68 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 20.78 5.78 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 18.58 2.42 OPERATOR: Grader/Blade..........$ 21.50 0.00 PAINTER (Brush and Roller).......$ 17.00 1.81 DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 ROOFER...........................$ 16.03 0.00 TRUCK DRIVER: Dump Truck........$ 17.34 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" DocuSign Envelope ID: 573FA40C-0332-46E2-BF56-D92A8FB26FA3