HomeMy WebLinkAboutCOLORADO MOISTURE CONTROL - CONTRACT - CONTRACT - 2376SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Colorado Moisture Control, Inc , hereinafter referred to as "Service
Provider"
WITNESSETH
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows
1 Scope of Services The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and
incorporated herein by this reference
2 Time of Commencement and Completion of Services The services to be performed
pursuant to this Agreement shall be initiated upon signing of this Agreement Services shall be
completed no later than Thirty (30) Calendar Days from signing of this Agreement Time is of the
essence Any extensions of the time limit set forth above: must be agreed upon in a writing signed
by the parties
3 Delay If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition
4 Early Termination by City/Notice Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
07/24/98
EXHIBIT C
DFPARTMENT C form Appm
GE AND IIOUR D .. Budget Rumsu No 44 RI D93
� PAYROLL
(For Contractor's Optional Use; See Instruction, Forth WII-347 Inst )
AME OF CONTRACTOR _ OR SUBCONTRACTOR _
ADDRESS
PROJECT AND LOCATION
PROTECTOR CONTRACT NO
MOLL NO MR WEEK ENDING
14) DAY AI10 DATE
Ifl
TOTAL
HOURS
(O
RATE
OF
PAT
(D
GROSS
AMOUNT
lA0.NED
(D DEOVCT10Nf
(9)
HET
WAGES
PAIO
FOR
WEEK
III
M! ADONESt AMI SOCIAL
,UNITY NUMBER OF EMPLOTEE
oil
OF
E%ENY
TIONS
m
WORK
C1,AM1F1<ATION
OF
OR
ST
FICA
WTI
IIOLOING
TAX
OTIIlR
TOTAL
DEDUCTIONS
JJOVAS WORKED EACII DAY
O
O
1
O
S
O
5
O
I
O
f
O
S
O
7
O
S
O
S
O
S
I HT (Neal
5 DEPARTMENT C
�G6 AND HOUR O -
PAYROLL
QPor Contractor's Optional Use; See Instruction, Form WII-347 Ins[ )
Tofm Apprt
Badgm Bum1U No 44 R1093
DAME OF CONTRACTOR OR SUBCONTRACTOR _
AGGRESS
PROJECT AND LOCATION PROIECT OR CONTRACT NO
'AY ROLL NO FOR WEEK ENDING
O1
OR
SZ
(4) DAY AND DATE
(3)
TOTAL
DOORS
RATE
OF
PAY
G OCS
AMOUNT
EARNE❑
(U DEDUCTIONS
(fi
TlET
WAGES
F
FOR
WEEK
In
AME ADDRESS ANO SOCIAL
CURRY NUMBER Of EMPLOYEE
nT E
Of
EXENI
TIONS
0)
WORK
CLASSIFICATION
FICA
WTI
110101Ki
TAX
OTf1ER
TOTAL
DEDUCTIONS
UOURS WORKED EAC❑ DAY
0
f
0
f
O
1
0
S
0
S
tl
S
O
7
tl
7
0
f
0
S
D
S
S DEPARTMENT C
AGE AND HOUR D
PAYROLL
(For Contractor's Optional Use; See Instruction, Form NVII-347 Inst )
Form Appm
Budget Rurtm No 44 R1093
NAME OF CONTRACTOR _ ORSUBCONTRACTOR _
ADDRESS
PAYROLL NO FOR WEEK ENDING
PROIECT AND LOCATION
PROIECT OR CONTRACT NO
10 DAY AND DATE
t31
TOTAL
HOURS
IQ
RATE
OF
FAY
01
GROSS
AMOUNT
EAANED
it) DEDUCTIONS
19)
NET
WAGES
PAID
FOR
WEEK
i)
CAM! ADDRESS AND 3(XIAI
ECUKRY NUMBER OF EMPLOYEE
O7 R
OF
EKEMP
T10M
01
WORK
CLASSIFICATION
OT
OR
ST
FlCA
WRIT
HOLDING
TAX
OTHER
TOTAL
DEDUCTIONS
HOURS WORKED EACH DAY
0
f
O
S
O
S
O
S
0
S
0
3
O
S
0
S
0
S
0
S
0
S
A'It MT (Imn
t DEPARTMENT 0
OF AND IIOUR D ,.
PAYROLL
(For Contractor's Optional Use, See Instruction, Form Wlf-347 Inst )
Farm Appm
RuARct Rumsu No 44-RID93
tAME OF CONTRACTOR _ OR SUBCONTRACTOR _ ADDRESS
AY0.0LL NO POR WEER ENDING PROJECT AND LOCATION
PROIECT OR CONTRACT NO
13)
TOTAL
IIOURS
(6)
RATE
OF
PAT
0)
DROSS
AMOUNT
lARNED
in DEDUCT1oN3
m
FILT
WADES
PAID
FOR
WEER
SII
AHl ADDRESS AND SOCIAL
CURRY MM6ER OF EMKOYEE
OI E
OF
EKEMP
TIONS
Ol
WORK
MSSIMAVON
OF
OR
ST
p1 DAY AND DATE
FICA
WTT11
IIOLDING
TAR
OTIIER
TOTAL
DEDUCTIONS
DE
IIOURS WORKED EACII DAY
O
S
O
f
O
1
O
S
S O
3
O
S
O
S
O
S
O
S
O
3
O
3
Of M1 IIMA
I DEPARTMENT O
,GE AND IIOUR D ..
PAYROLL
(For Contractor's Optional Use, See instruction, rorm WH-147 Ins( )
romt Appm
Budget NumRu No 44 RI093
IAME OF CONTRACTOR DR SUBCONTRACTOR _ ADDRFSS
AYROLL NO FOR WEEK ENDING PROTECT AND LOCATION PRO/ECT OR CONTRACT NO
m
WORN
C'USSIgCATION
T
OR
ST
PI DAY AND DATE
(11
TOTAL
HOURS
(m
RATE
of
PAY
m
GROSS
AMOUNT
EARNED
() DEDurnom
m
WAGES
PAID
FOR
WEEK
tll
AME rA NUHRER Df SOCIAL
AME ADORFSI AN11 SOCIAL
EMPLOYEE
in F
OF
EXEMP
TIONf
FICA
WD11T
IIOLOING
TA%
OTiIER
TOTAL
DEDUCTIONS
IIOURS WORKED FACII DAY
O
S
O
S
D
S
O
S
O
1
O
1
O
S
O
S
O
S
0
S
O
3
'N 347 OA}SI
DEPARTMENT 0
IGF AND HOUR D
PAYROLL
(For Contractor's Optional Use, See instruction, Form W14-347 Ins( )
Farm Apra
Budge( Rumau NO 44 R1093
TAME OF CONTRACTOR — OR SUBCONTRACTOR _...
ADDRESS
AYROLL NO FOR WEEK ENDING
PRO)ECT AND LOCATION PROJECT OR CONTRACT NO
(()
RME ADDRESS AM SOCIAL
CUKRT NUMKER OF EMMOYEE
OI f
Of
EKEMT
TIONR
DI
WORK
CLASSIFKATION
OT
OR
ET
(SI DAY AND DATE
(S)
TOTAL
HOURS
(E)
RATE
OF
PAY
(TT
GROSS
AMOUNT
EARNED
(q DEDUCTIONS
(9)
NET
WAGES
PAID
FOR
WEEK
FICA
WTni
IIOLDING
TAR
or"REK
TOTAL
DEDUCTIONS
HOURS WORKED EACII DAY
O
S
O
S
O
S
O
S
O
S
O
S
O
S
O
S
O
S
O
S
D
S
11 MT (11m
U S Department of Labor Form Approved
Wage and Hour Division Budget Bureau No 44-R1093
STATEMENT OF COMPLIANCE
Date
i, do hereby state
(Name of signatory party) (Title)
(1) That I pay or supervise the payment of the persons employed by on the
(Contractor or Subcontractor)
that during the payroll period commencing on the , day of _ 19_ and ending the _ day of , 19_, all persons employed
on said project have been paid the full weekly wages earned that no rebates have been or will be made either directly or indirectly to or on behalf
on said from the full weekly wages earned by any person and that no deductions have been made either
(Contractor or Subcontractor)
directly or indirectly from the full wages earned by any person other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle
A) Issued by the Secretary of Labor under the Copeland Act as Amended (48 Scat 948 63 Slat 108, 72 Stat 967, 76 Scat 357, 40 U S C 276c),
and described below
(2) That any payrolls otherwise under this contract required In be submitted for the above period are correct and complete, that the wage
rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into
the contract that the classifications set forth therm for each laborer or mechanic conform with the work he performed
(3) That any apprentices employed In the atone period are duly registered in a bona fide apprenticeship program registered with a State
apprenticeship agency recognized by the Bureau of Apprenticeship and Training United States Department of Labor, or If no such recognized
agency exists in a State are registered with the Bureau of Apprcnuceshlp and Training, United State Department of Labor
(4) That
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS FUNDS, OR PROGRAMS
r---1 In addition to the basic hourly wage rates pad to each laborer or mechanic listed in the above referenced payroll
L —1 payments of fringe benefits as listed in the contract have been or will be made to appropriated programs for the
benefit of such employees, except as noted to Section 4(c) below
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
r— Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an
�— amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits
as listed in the contract except as noted in section 4(c) below
(c) EXCEPTIONS
EXCEPTIONS (CRAFT)
Remarks
Nam. and Tine
signature
The Wilful ralat6cauon of any of the above snanena may anbfat me contracmr or wbicaotranar to nnl a enmwl prosecution See section 1001 of title 18 and section 231 or
ink 31 of the Umud Sines code
Federal Labor Standards Provisions
Appl+ubilli
Tire Protect or Program to which the construction work covered by this
contract Pertains is being ass,Sled by me Un ted Sates of America and the
'allowing Federal labor Standards Provisions are Included i this Contract
oursuant to me provisions apPlicable to such Federal asslstar n
A 1 (I) Minimum Wages All laborers and mechanics employed or work
'rig boon the site of the work (or under me United Sates Housing Ac• of
i 937 or under me Housing Act of 1949 in the constructor or development
of the prOlect) will be paid unconditionally and not less often man once a
weerc and will subsequent deduction or rebate on any account (except
such payroll deduchons as are permimed by regulations issued by the
Secrearf of labor under the Copeland Act I29 Ct'R Pan 31 the full amount
of wage$ and bona fide fringe benefits (or Cash equivalents Menton due at
time of payment computed at rates not less than Those contained in the
wage determination of the Secretary of labor which is aracned hereto and
race a Pan nereof regardless of any contractual relationship which may
be alleged Tip exist between me Comloc or and such laborers and
,ec^amcs Contributors made or toss reasonably anticipated for bona
fide fringe benefits under Section 11b)(2) of the Dais Bacon Act on behalf
of Iaporers br mechanics are considered wages Paid to such laborers or
mechanics suolect to me provisions of 29 CFR55(al(1)(iv) also regular
contributions mace or costs incurred for more than a weekly period (but
not less often than quarterly) under plans funds or programs wnich Cover
the parCular weekly period are deemed} to be constuctvejy made Or
incurred during such weekly period
Such dborers aril mechanics snail be paid me appropriate wage rate
and fringe bevels on the wage determination for me Ctassitcatdn of work
actually perormed without regard to skiff except as provided in 29 CPR
Part 5 51a)(4) laborers Or mechanics performing work in more man one
Classi ieatorr may be compensated at the rate specified for each classdica-
nen for ire time actually worked therein Provided That me employer s pay
roll records accurately set TOM the Time spent in each classification in
which work is performed The wage determination (Including any additonal
CassO cation and wage rates conformed under 29 CPR Part 5 51a)(10) and
the Davis Bacon poster (WH-1321) shall be posted at all Times by me con-
tractor and its subcontractors at the site of the work in a prominent and
accessible place where It can be easily seen by the workers
(a) (1) Any class of laborers or mechanics which is not fisted in the
wage determination and which is to be employed under the contract Shall
be classified in conformance with the wage determination HUD shall
approve an additional classification and wage ram and fringe benefits
Therefore only when the following criteria have been met i
(1) The work to be conformed by the classificaton requested is not
performed by a cassificavon in the wage determination and
(2) The claSsdlCavon is united in me area by me construction
industry and
(3) The Proposed wage rate including any bona fide fringe bene-
fits bears a reasonable relatonsnip to me wage rates contained in the
wage determination
(b) If the contractor and the laborers and mechanics to be employed
in the classification fit known) or their reoresenatives and HUD or Its
desigree agree on me classification and wage rate (including the amount
pes gnated for fringe benefits where aodfopnatel a reodn Of me action
aken snail be sent by HUD Or its designate to the Administrator of the Wage
arc H,ui Division Employment S Ir Caro$ Administration U S Department
of labor Washington D C 20210 The Administrator or an authorized
,,presentative wilt approve mocity or disapprove every additdnal cia5sifi-
canon action within 30 days of receipt and so advise HUD or ITS designee
or will notify HUD Or Its designee within the 30-day period mat additional
time is necessary (Approved by the Office of Management and Budget
under OMB control number t215-0140)
(c) In me event me contracor me laborers or mechanics to be
employed in the cassitcaeon or Their represenatives and HUD or its
designee do not agree on the proposed classification and wage rate
(including me amount designated for fringe benefits where appropriate)
U & DepWtn" at Mau"
and Urban o.wbpm.k y
1r
HUD or Its designee shall refer me questions, including me views of aft
Interested pares and the recommendation of HUD or its designee to me
Administrator for determination The Administrator or an authorized lepre-
ser avve will Issue a derermmabpn within 30 days of receipt and So advise
HUD or Its designee or .,If ncefy HUD or Its designee within me 3(1
Period That additional time a necessary (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140 )
(d) The wage rate (including range benefrd where appropriate)
determined pursuant to subparagraphs (1 Xb) or (c) of MIS paragraph shall
be paid to all workers pmfortning work in the classification under this con-
tract from me first day on which work Is performed in me cassification
(19) Whenever the minimum wage rate prescribed in me contract for a
class of laborers or mecnarl Includes a fringe benefit which is not
expressed as an hourly rate me contractor shall either pay me benefit as
sated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof
(Iv) If me contractor does not make payments to a trustee or other, Mind
person the contractor may consider as Part of the wages Of any laborer or
mechanic me amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a pan or program, Provided, That me
Secretary of Labor has found upon the written request of me contractor
mat the applicable standards of me Davis -Bacon Act have boor% mi The
Secretary of Labor may require we contractor to set aside in a several
account assets for the missing of obligations unifier the pan or program
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140 )
2. wNhhoidl HUD or Its designee shall upon its over action or now
written request of an authorized representative of the Departrnortt of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with me same prime contraolor, Or any Omer
Federally -assisted contract sublect to Davis -Bacon breveting wage
requirements, which Is held by the Some prime contractor SO must( of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprefmcey trainees and helper,
employed by me contractor or any subcontractor the hull amount of wages
required by the contract in me event of failure is pay any laborer o
mechanic including any apprentice trainee or helper employed Or working
on the site of the work (or under 01e Unrted Stairs Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
proWrt), all or part of me wages required by the condram HUD or its tlaaq-
nee may after comer notice t0 the contractor, sponsM applfcsnl, or Uwrter
take such action as may be necessary to cause the suspenaidti at any
further payment advance or guarantee of funds until Such violas" have
ceased HUD or its designee may after written notice to the contractor, dis-
burse such amounts withheld for and on account of tie Contractor or sub-
contractor to the respective employees to whom may sue due. The Comp-
troller General shall make sucn disbursements in the Casa of direct
Davis -Bacon Act contracts
3 (1 Payroll and basic records. Payrolls and bwc records rotating
thereto shall be maintained by me contractor during the course of the work
preserved for a period of three yeah thereafter tar all firborers and
mechanics working at me site of the work for under the United States
Housing Act of 1937 Or under me Housing Act of 1949 in the construction
,jr development of me project) Such records shall contain the name,
address and social security number of each such worker his or her cor-
rect classification nourly rates of wages paid (including rams of conthbu-
lions or costs anticipated for bona fide range benefits of cash equivalents
nereof of me Types descnbed in Section I(bN2NB) of me Davla-tocon ACC.
daily and weekly number of hours worked deductions made and actual
wages paid Whenever me Secreary of Labof has found under 29 CPR 5 5
(aAl f(iv) mat the wages of any laborer or mechanic Include me amount Of
any costs reasonably anticipated in providing benefits under a Plan W pro-
gram described in Section 1jbN2N8) of me Davie -Bacon Act, the Contractor
snail maintain records which show mat the Commitment to provide such
Previous Eamon it Obsolete
HUD-4010 12S4)
run sib n
7 Cootracte lertramA n, debarmwnt. A breach of the contract causes in
2"> CFR 5 5 may pe grounds for termination of me contract and for depar-
merl as a contractor and a subcontractor as orovoed in 29 CFR 5 12
B Compliance with Davis -Bacon and Related Act Requirements All rul-
8-gs and irteipretabcns of the Davis -Bacon and Related Acts contained it
25 CFR Pars 1 3 and 5 are herein incorporated oy reference in this
.o'itract
9 Disputes concerning labor standards Disputes arising out of me labor
33rcares provisions of this Contract small not be subject to me general
: sputes clause of this contra0. Such disputes small be resolved in accor
odnce war the procedures of the Department of labor set form in 29 CFR
Paris 56 and 7 Disputes within the mearing of this clause include ds-
j,as between the contractor (or any of its suocontraclorsl and 4uo or Its
pesignee the U S Department of tabor or the employees or their
representatives
10 (q Certification of Etgibdity By entering Into this contract the con-
trac'or certifies that Meitner It (nor he or she) nor any person or firm who
ras an interest in the contractors firm is a person or firm ineligible to oe
awarded Government contracts by virtue of Section 3(a) of the Davis-
Bacor Act or 29 CFP 5 12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24
(it) No part of this contra,' small be subcontracted to any person or firm
ineligime for award of a Government contra,' by virtue of Section 3(a) of
the Davis Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts
or panic pate in HUC programs pursuant to 24 CFR Part 24
(ni) The penalty for making faise satemems is pres abed in me U S
C.immal Code 18 U S C 1001 Additionally U S Cmmnal Cade Section
i Ot0 Title 18 U S C 'Federal Housing Administration transactons pro-
,Oes in part Whoever for me purpose of influencing in any way the
aacon of such Administration makes utters or publishes any statement
knowing he same to be 'raise shall be fined not more than S5000 or
impnsoneo not more mar, two years or bath
i t ..p::.na. Proesedings, or Tell by Employees NO laborer o
—ecnar.c to wf cm the wage salary or other labor sai prcysicns of
this Contract are apphdaole snail tie discharged or in any Omer manner
d scr mirated against by the Contractor or any succentraotor because such
employee has hied any complaint or insintAtatl or caused to be instfuted
a-, proceed' -g o• has te- See c- is aeo .t to iestt, ^ ary prdceedirg
--der c- reap^^g •c me i=o- stardardc applicable u^de• this Conrac- to
his employer
8 Contract Work Hours and Safety Standards Act As used in this para-
graph me terms 'laborers and 'mechanics include watchmen and
guards
(1) Overtime requirements No contracio• c, s_bcortrac-or contractrg
for any pan of die contract work which may require or Involve the employ-
ment of laeerers or mechanics staff require or permit any such taborer or
mechanic in any workweek in whicn he or she is employed on such work
to work in excess of eight hours in any calendar day or in excess of forty
hours in such workweek uniess such laborer or mecnanie receives com-
Pensaton at a rate not less man one and one-half times the bast, rate of
Pay for all hours worked in excess of eignt hours in any calendar day or in
excess of lorry hours in such workweek wntchever is greater
(2) Violation liability lorunpad wages. Ilqudated damages. In the
event of any violation of the clause set form m subparagraph 41) of this
paragrapn the convector and any subcontractor responsible therefor shall
be liable !or the unpaid wages in addition such contractor and suDcpn-
tractor snail be liable to the United States (in the case of work done under
contract for the Gistriv of Columbia Or a territory to such Dtstnct or to such
territory) for liquidated damages Suc^ liquidated damages snail be com-
puted with respect to each individual laborer or mecnanie Inclutling
watchmen and guards employed in vldatOn of the clause set tOrth in sub-
paragraph (1) of this paragrapn in the sum of SIO for eacn calendar day on
which such individual was required or permitted to work in excess of eignt
hours or in excess of the standard workweek of forty hours without Pay-
ment of the ovemme wages required by the clause set forth in subdara-
graph (1) o1 this paragraph
(3) Withholding kx unpaid wages and Ilquidatod damage HUD or its
designee small upon its own actor Or upon wrmen request of an autho-
rized representative of the Defparanent 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
convect with the same pnme contract or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act, which
is heid by the same pnme contractor such sums as may be determined to
be necessary to satsty any tabitbate of such contractor or subcomfaclon
for unpaid wages and liquidated damages es Provided in the clause set
form in suboaragrabh (2) of this Paragraph
(4) Subcontracts The contractor or subcontractor shall insert in any
subconvacts me clauses set forth in subparagraph (1) Through (4) of this
paragrapn and also a clause requmng the subcontractors to include these
clauses in any lower ter suocontracm The pnme contractor shall be
itrspons,bie ;or compliance by any subcontractor of lower tar subcontrac-
tor with the causes set loan in suopamgraphs III through (4) of this
paragrapn
C Health and Sally
(1) No laborer or mechanic shall be required to work in surroundings
or under working condibons which are unsanitary, hazardous or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of tabor by regulation
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Pert 1926 (fornarty part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96)
(3) The Contractor shall include the provisions of this Article in every
subcontract so mat such provisions will be binding on each subcontractor
The Contractor shall take such action with respect to any Subcontract its
the Secretary of Housing and Urban Deveiooment or me Secretary of Labor
shall direct as a means of enforcing such provisions
HU04MO (2441
c
GENERAL DECISION C0990010 03/12/99 Colc
(a General Decision Number C0990010
Superseded General Decision No. C0980010
state: Colorado
Construction Type. -
BUILDING
county(iesj:
LARIMER
BUILDING CONSTRUCTION PROSECTS (does not include residential
construction consisting of single family homes and apartments up
to and including 4 stories)
Mod.iflcatlon Number Publication Date
0 03/12/1999
COUNTY(ies).
LARIMER
ASBF0028A 03/01/1999
Rates
Fringes
ASBESTOS W0R3fRS/I1`7SULAT0B1S
(Includes application of a13
insulating materials, protective
coverings, coatings and fiaishin93
to all types of mechanical systems
and asbestos removal)
15.924.85--
BOIL0101B 10/01/1993
Rates
Fringes
BOIrrRblAKE25
20.34
9.81
CARP1001A 05/01/1998
Rates
Fringes
CARPENTERS (including
usstallation of acoustical
ceiling and drywall hanging)
17.55
4.20
CARP2834A 05/01/1998
Rates Fringes
HILLFRSGers 22.02 5.85
ENGIC009I 06/01/1998
Rates
cringes
POWER EQUIPMENT OPERATORS:
Sackhoe, under 3/4 yd.
17.07
4.47
Sackhoe, 3/4 yd_ and over
17_22
4.41
Crane, 50 tons and under
17.22
4.47
Crane, 51 to 90 tons
17.37
4.47
Crane, 91 to 140 tons
17.52
4.47
Crane, 141 tons and over
12.22
4.47
rjMM Forklift
16.72
4.47
Loader, over 6 an yds
17.22
4.47
_
termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the parties
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses
City
City of Fort Collins, Purchasing
P O Sox 580
Ft Collins, CO 80522
Service Provider
Colorado Moisture Control
1115 Des Moines
Loveland, CO 80537
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement Such payment shall be the Service Provider's sole
right and remedy for such termination
5 Contract Sum The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Nine Thousand One
Hundred Five Dollars ($9,105 00)
6 City Representative The City will designate, prior to commencement of the work,
its representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement All requests concerning
this agreement shall be directed to the City Representative
7 Independent Service provider The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose
07/24/98
2
5 cu. yds 17.07 4_47
MAR-25-99 17 06 FROM ADVANCE PLANNING DEPT I0 S70224GIII PACE 2/3
'wailDa=c=Rrhi"4 hWP 1nePtm SedworkLpv1cgi-bi5410307+26+0- 0O&wajs�rtmCyc
oiler
16.37
4.47
Roller, rubber tires under
5 tons
16.72
4.47
jo
Roller, all types over
5 tons
17.07
4.47
MN0024E 08/01/1998
Rates
Fringes
IRONWORKERS, Reinforcing
and Structural
----------------------- -------------------
17.95
----------------
4.13
LA300578B 05/01/1998
Rates
Fringes
LABORERS, Unskilled
11.70
2.95
PLAS0577C 05/01/1598
Rates
Fringes
CEE2= MASONS
18.15
3.52
PLOW003C 09/01/1998
Rates
Fringes
PLMSSERS (Including RVAC work)
23.03
4.68
PLUM0208A 06101/199a'
Rates
rS'.-inges
PIPEFITTERs (Including HVAC Rork)
23.07
4.64
----^ ---------------------------
---------'
SFC00669A 01/01/1999
Rates
Fringes
SPP-TNKLF,R FITTERS
22.33
6.40
SHEE0009H 07/01/1958
Rates Fringes
S8FY-T METAL WORKER (Including
all aheetmetal work in
connection with HVAC work) 21.56 6.73
SUC01029A 07/24/1991
Rates _ F--snges
ELECTRICIANS
WELDERS - Receive rate prescribed for craft performing operation
to bbich welding is incidental_
Unlisted classifications needed for work not included within the
scope of the classifications llsted may be added after award only
as provided in. the labor standards cantract clauses
(29 CFR 5.5(a)(1)(v)).
FLaGE DETERMINATION APPEALS PROCESS
1.1 Has there been an initial decision in the matter? Thxa can
be:
MAR-25-99 17 06 FROM ADVANCE PLANNING DEPT ID 9702246111 PAGE 3/•
WAISDoctmcntRemievW LupJhxphmcScdwer)dgoviog-bLS410307+26-0+0&wai-; aon=retneve
' 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
• a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for sl—m ties 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 he 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. Depa=tmment of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.1 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'Houx Administratox
(See 29 CFR Part 1.8 and 29 CFR Part 7)• Write to:
Wage and Hour Administrator
60 U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The zequest 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
II. S. Department of Labor
_200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Admixztrative Review Board are final.
END OF GFNE&1I. DECISION
IN
CONTRACTOR'S PAYROLL CHECKLIST
Make certain all items in the heading are completed, including payroll number and project number
Also review reverse side of Form to make certain proper block is checked and signature is affixed
Specify the name, full address (including zip code) and social security number for each employee the
first time such an employee is listed on a Payroll report If employees with identical names are
shown on payrolls, provide social security number(s) on each payroll to distinguish these employees
If payrolls are typed, we suggest you make a "master" listing each employee, address, city, state,
zip code and social security number Reproduce from the "master" a payroll for each week ensuring
each week of work of is numbered sequentially For those employees who did not work during a
particular week, just draw a line through the entry by their names and write "no work "
Except for the week ending column, the date and days worked and the payroll report number, hours
worked and pay information, everything else is preprinted
Payrolls may be completed to dark lead N2 pencil or pen, but they must be legible Illegible payrolls
which are difficult to read are unacceptable
Payrolls must be signed in ink, they are unacceptable when signed in pencil.
For equipment operators and truck drivers, include a brief but clear description of the equipment the
employee is operating (This is to be shown on each payroll report)
Show the hours and wages actually worked on the subject project separate from the employees total
wages for the week To illustrate "John Doe" (see Example 4) worked on the project 18 hours and
on other projects for the same contractor 22 hours (18 x $6 45 = $116 10 earned this project,
$239 30 gross amount earned all projects) Circle hours, rate and gross amount on HUD lob State
on the bottom of the first Payroll report that "circled hours represent hours worked on HUD job "
The net amount shown on the Payroll report must represent the check amount If the employee is
paid a separate check for work performed on the HUD job, it is not necessary to provide information
about work or salary paid on other jobs, but the check received by the employee must agree with the
amount shown on the certtfied payroll report
z
5 Fnnge Benefits Fringe benefits (if shown on the wage determination) must be paid (m cash, to a
trust, plan or fund) for each hour worked
When fringe benefits are sent to an approved program, (trust, plan or fund) they need not be
included in the rate of pay Example 5 - Cement Mason, Mr John Johnson, receives $5 90 per
hour, an additional SO 66 is being sent to an approved plan - indicated by marking box (a) of
paragraph (4) on the Statement of Compliance (reverse side of payroll font[)
Cement Mason, Mr Bill Thomas, receives the fringe benefits required in cash - the total rate of
pay shown must be equal to the wage rate for that classification plus fringe benefits The $5 90
(wage rate) plus $0 66 (fringe) - $6 56 - indicated by marking box (b) of paragraph (4) on reverse
side of payroll
When an individual performs work on the project in more than one classification within the same
work week, have that individual sign the payroll report by his name or submit a copy of his time card
with the payroll report (If a lower rate of pay per hour is applicable)
When a bomfied subcontractor works on the job, he/she shall be listed on the payroll as owner and
show his/her daily and total hour for the week I M Boss (see example 7) If the subcontractor has
no employees and performs alone on the project, he will submit weekly payrolls showing daily and
total hours worked When two or more working owners/operators (partners, co -owners, corporation
officers, etc ) perform work on the project they must show daily and total hours worked (Always
show exact work classification )
Apprentices/Trainees: Submit an Apprenticeship or Trainee Certification with the payroll report
on which apprentice or tranee is first reported. Indicate step of apprenticeship or trainee and what
percentage of the journeyman wage he is receiving (see Example 8)
It is the General Contractor's responsibility to submit correct payrolls The General Contractor
should therefore compare the wage rate shown on each Subcontractor's payroll with the
required rate shown on the wage determination for this project If there are underpayments,
restitution should be required and the payroll report corrected prior to submutnng it to the HUD office
or contracting agency
Deductions must be identified, you must specify what each deduction is for You cannot lump -sum
deductions under "other' The reviewer must ensure deductions are "authorized" such as insurance,
vacation, health benefits, etc For other deductions such as "Union Dues", Credit Unions, monetary
advances, or deductions for tool purchases, employee authorization statements are required A
statement from each employee authorizing the deduction be made for a specific purpose should be
filed with the HUD office or contracting agency
3
10 Payroll Form Contractors are urged to use the Department of Labor (DOL) Form WH-347,
Payroll The text of the "weekly statement with respect to the payment of wages," which is required
by regulations of the Secretary of Labor, appears on the reverse side of this optional form A
contractor may use a computerized payroll document or a payroll form of his/her own choosing as
long as it contains essentially the same information required on the front and back of the WH-347
Payroll Form For example, contractors may choose to submit their own payroll form each week
and fill out only the back of the WH-347 Payroll Form, or WH-348 which is the required "Statement
of Compliance "
11 In the event any contractor sees he will be employing a trade for which a wage rate is not listed on
the wage determination, it should be brought immediately to the attention of the contracting agency
so that a wage rate deterannation for that trade can be made at the earliest possible date A HUD
4230A (Optional Form) should be completed so that a rate can be established (see Example)
12 Submission of Payrolls Each contractor or subcontractor shall submit to the contracting agency a
completed payroll for each work week from the time he begins work on a project until work is
completed All payrolls are to be numbered sequentially (starting with Number 1), and "final"
payrolls shall be identified accordingly if no work is performed on the project during a given
period, on the next performance payroll, state "No work performed from pay period ending
through
(date) (date)
13 Payrolls must be signed by an officer of the company or an individual who has been "authorized"
to do so by an officer of the company
Overtime: Overtime provisions for work performed over 40 hours per work week is computed at
one and one-half (1 1/2) times the basic rate of pay paid by the contractor Fringe benefits are not
included in the computation of overtime.
Additional Classifications All laborers or mechanics need be classified in one of the listed
classifications on the wage decision. If one is missing, please complete the attached HUD 4230A
The PRIME Contractor and originating SUBCONTRACTOR must maintain a copy of all documents
od to HUD or the contracting agency This is required.
IS DEPARTMENT
SAGE AND HOUR Ut.
SAMPLE ONLY)
Form Approved
Budget Bureau No 44-R1093
PAYROLL.
(For Contractor's Optional Use; See Instruction, Form WH-347 Inst )
(SAMPLE ONLY)
ADDRESS
1776 AMERICA STREET, ANYTOWN, COLORADO 80202
NAME OF CONTRACTOR _ OR SUBCONTRACTOR
ACES CONSTRUCTION COMPANY INC
FOR WEEK ENDING
AUGUST W 1994
PROJECT AND LOCATION
HAPPY VALLEY MANOR, ANYTOWN, COL 80202
PROJECT OR CONTRACT NO
014439919
PAYROLL NO (SHOW 'FINAL' IF THE END OF
YOUA WORK ON TILE JOB)
(6)
RATE
GC
PAY
M
GROSS
AK•OUNT
EARNED
(9) DEDUCTIONS
NET
WAGES
PAID
FOR
1p
NAME ADDRESS AND SOCIAL
SECURITY NUMBER OF EMPLOYEE
a) 8
EXEMP
TIONS
E)..
CLASSIFICATION
OT
ORI—,—
ST
(R) DAY AND DATE
(5)
"0"'L
HOURS
T F S
FICA
WITn
HOLDING
TAX
OTHER
TOTAL
DEDUCTIONS
R S 6 7 8 9 10
WEEK
HOURS WORKED EACH DAY
IOHN DOE 521J47086
1974 CLSRK AVE
DOWNTOWN, CO BW02
1
FOREMAN ••
CARPENTER
O
6
6
1093
35770
••A workld /orcn,w 0 onr wAs Pryor,v a Rut Sox of tubarrc or aucAan4r w«k
lwlnd a rubrtmml part o/A4 .or:MrrR In rvNuen w Pryornund ruprwx2
dodu
IS IB 53W Soo Woo M78 2W 92
S
10
10
9
8
3
RO
7 30
DICK BROWN 51N3.7"
BOX 245
ANYTOWN CO 80201
2
3 CU YD
BACKHOE
OPERATOR
O
WwWd an ,hare Non av job anc Job 4 FNA xrolat. 1-1 -Cvdrd ho-o
Nu po/mP
1059 4800 700 AS 59 17371
S
(R)
(N
(e)
(I8)
IS 45)
(11610)
R
a
2
8
22
5 W
239 10
BILL THOMAS 95365R78
1cm CLARBRIDGE STREET
SOMEWHERE CO W123
0
CEMENT
MASON
O
1
1
20930
FAINGS BENEFITS Lrjx,,&.krw are PWd Lam an ae ,,d fond vPkx, cA,lk
Hack (Para. d(a)A Ifpd In cuA, cAuR N * (Para. d(b)) en Sbn,nrxl of C--Wh 11
S
8
8
8
B
R
656
TOM TOMPSON WS 315478
BOX 1010
BAYTOWN. CO 015
2
LABORER
O
495
W05
DUAL CLASSIFICATION Wer4r xn,"W cnvrsd en papoB roar and rim br Nc la+u
rmr ofaT ynrrlrrd
S
R
7
8
19
TOM TOMPSON
0
12310
S
R
I
8
8
21
CEMENT
MASON
390
21795
1080 1590 510 1000 4250 175 45
JOE SMITH 5n 3&7531
T50 - 3RD STREET
ANYTOWN CO DOM
0
APPRENTICE
CARPENTER
ISTSTEP 55%
0
Rot
t28U
APPRENTICES AP IxacnhW (79M cacr rAawlnd L40 of lobar Ccrgr adan Mart br
ru6mNel wW . flnl Porroll a, ggrrxticr ae on
S00 tW 2E0 ISM 11364
S
8
e
8
8
32
I M BOX 555iR-3333
(OWNER)
O
WORKING OWNER Mau rAow Nr lnlP a! mW Noun workrd ex Nr roc
5
b
8
8
8
8
BOX 333
ANYTOWN. CO 83515
TILE
SETTER
RO
l deduction under "other" such as purchases, advances, bonds, etc must be identified and supported by a signed statement from the employee authonz2ng such deductions with
¢ total amount and repayment amount.
U.S. DEPARTM_ V LABOR
WAGE AND HOk,., DIVISION
INSTRUCTION FOR COMPLETING PAYROLL FORM, WH-347
General The use of WH 347 payroll form, is not mandatory This form has been made available for the
convenience of contractors and subcontractors required by their Federal or Federally -aided construction-rype
contacts and subcontracts to submit weekly paymlls Properly filled out, this form will satisfy the
requirements of Regulations Pans 3 and 5 (29 CFR Subute A), as to payrolls subnuned in connection with
contacts subject to the Davis -Bacon and related Acts
This form meets needs resulting from the amendment of the Davis -Bacon Act to include fnnge benefits
provisions Under this amended law, the contractor is required to pay not less than fnnge benefits as
predeterrhmed by the Depamnent of labor, in addition to payment of not less than the predetermined rates
The contractor's obligation to pay fnnge benefits may be met either by payment of the fnnges to the various
plans, funds, or programs or by making these payments to the employees as cash in lieu of fringes
This payroll provides for the contractor's showing on the face of the payroll all momes paid to the employees,
whether as basic rates or as cash in lieu of fringes and provides for the contractors' representation in the
statement of compliance on the rear of the payroll that he is paying to others fnnges required by the contract
and not paid as cash in lieu of fnnges Detailed inetmctiom concerning the preparation of the payroll follow
Contractor or Subcontractor Fdl in your firm's name and check appropriate box
Address Fill in you firm s address
Column I - Name, Address, and Social Security number of Employee The employee's full name most be
shown on each weekly payroll submitted The employee s address must also be shown on the payroll covering
the first week in which the employee works on the project The address need not be shown on subsequent
weekly payrolls unless his address changes Although not required by Regulations, Parts 3 and 5, space is
ivadable in the name and address section so that Social Security numbers may be listed
�olumn 2 - Withholding Exemptions This column is merely msened for the employer's convenience and is
rot a requirement of Regulations, Pans 3 and 5
-olunm 3 - Work Classifications List classification desenpnve of work actually performed by employees
=omult classifications and minimum wage schedule set forth in contact specifications If additional
lassificanons arc deemed necessary, see Contacting Officer or Agency representative Employee may be
hewn as having worked in more than one classification provided accurate breakdown of hours so worked is
murtamed and shown on submitted payroll by use of separate Ionic entnes
:olumn 4 - Hours Worked On all contacts subject to the Contact Work (lours Standards Act enter as
ovemme hours all hours worked in excess of 8 hours per day and 40 hours a week
'olurnn 5 - Total Self-explanatory
'olumn 6 - Rate of Pay, including Fnnge Benefits In straight time box, list actual hourly rate paid the
mployee for straight time worked plus any cash in lieu of fnnges paid the employee Then recording the
[night mite hourly ate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus
3 25/ 40 This is of assistance in correctly computing ovemme See'Fnnge Benefits' below In ovemme
ox show ovemme hourly ate paid plus any cash in lieu of fringes paid the employee See 'Fnnge Benefits'
elow Payment of not less than time and one-half the basic or regular rate paid is required for overtime under
he Contact Work Hours Standards Act of 1962 In addition to paying not less than the predetermined are
or the classification in which the employee works the contractor shall pay to approved plans, funds, or
nograms or shall pay as cash in lieu of fnnge amounts predetermined as fnnge benefits in the wage decision
nadc pan of the contact See 'Fnnge Benefits' below
FRINGE BENEFITS - Contractors who nay all required fnnge benefits A contractor who pays fnnge benefits
to approved plans, funds or programs in amounts not less than were detenmned in the applicable wage
decision of the Secretary of labor shall continue to show on the face of the payroll the basic such hourly are
and overtime are paid to his employeesjust as he has always done Such a contractor shall check paragraph
4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds
or programs not less than the amount predetermined as fnnge benefits for each craft Any exceptions shall
be noted in Section 4(c)
Contractors who nay no fnnge benefits A contractor who pays no fnnge benefits shall pay to the employee,
and risen in the straight tune hourly rate column of the payroll, an amount not less than the predetermined
rated for each classification plus the amount of fringe benefits determined for each classification in the
applicable wage decision Inasmuch as it is not necessary to pay me and a half on cash pad in lieu of
fnnges, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half nine
premium on basic or regular arc, plus the required cash in lieu of fnnges at the straight time are In
addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate
that he is paying fnnge benefits in cash directly to his employees Any exceptions shall be noted in Section
4(c)
Use of Section 4(c) Exceptions
Any contractor who is making payment to approved plans, fluids, or programs in amount less than the wage
determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fnnges
Any exceptions to Secton 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(e)
Enter in the Excepuon column the craft, and enter in the Explanation column the hourly amount paid the
employee as cash in lieu of fnnges and the hourly amount paid to plans, funds, or programs, as fnnges The
contactor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise
provided by applicable detennmation) worked on Federal or Federally assisted project an amount not less than
the predetermined rate plus cash in lieu of fnnges as shown in Secuon 4(c) The rate paid and amount of cash
paid in lieu of fnnge benefits per hour should be entered in column 6 on the payroll See paragraph on
'Contractors who pay no fnnge benefits' for computanon of ovemme rate
Column 7 - Gross Amount Earned Enter gross amount Gamed on this project If pan of the employees'
weekly wage was earned on projects other than the project desenbed on this payroll, enter in column 7 first
the amount tamed on the Federal or Federally assisted project and then the gross amount earned during the
week on all projects, thus $63 001120 00
Column 9 - Net Wages Paid for Week Self - explanatory
Trials Space has been left at the bottom of the columns so that Coals may be shown if the contractor so
desires
Statement Required by Regulations Parts 3 and 5 While this form need not be notanzed, the statement on
the back of the payroll is subject to the penalties provided by 18 USC 1001, namely, possible imprisonment
for 5 years or $10,000 00 fine or both Accordingly, the parry signing this required statement should have
knowledge of the facts represented as tie
Space has been provided between items (1) and (2) of the statement for describing any deductions made If
all deductions made are adequately described in the *Deductions' column above, state 'See Deducnonscolumn
in this payroll ' See paragraph enaded 'FRINGE BENEFITS' above for =tmcuons concemmg filling out
paragraph 4 of the statement
rim. W11.9dr tie,.
r
Contractor's Guide
To Davis -Bacon Requirements
and Certified Payroll Reports
iv:RySmr°Ry Rocky Mountains -HUD
Office of the Secretary's
Z I��jil *c> Representative
o Office of Labor Relations
d , ,, 633 17th Street
Denver, Colorado 80202-3607
March 1997 (303) 672-5287
CONTRACTOR'S PAYROLL CHECKLIST
Make certain all items in the heading are completed, including payroll number and project number.
Also review reverse side of Form to make certain proper block is checked and signature is affixed
Specify the name, full address (including zip code) and social secunry number for each employee the
first time such an employee is listed on a Payroll report If employees with identical names are
shown on payrolls, provide social secunry number(s) on each payroll to distinguish these employees
If payrolls are typed, we suggest you make a "master" listing each employee, address, city, state,
zip code and social secunry number Reproduce from the "master" a payroll for each week ensuring
each week of work of is numbered sequentially For those employees who did not work dunng a
particular week, just draw a line through the entry by their names and write "no work "
Except for the week ending column, the date and days worked and the payroll report number, hours
worked and pay information, everything else is preprinted
Payrolls may be completed in dark lead N2 pencil or pen, but they must be legible Illegible payrolls
which are difficult to read are unacceptable.
Payrolls must be signed in ink, they are unacceptable when signed in pencil.
For equipment operators and truck drivers, include a brief but clear description of the equipment the
employee is operating (This is to be shown on each payroll report)
Show the hours and wages actually worked on the subject project separate from the employees total
wages for the week. To illustrate. "John Doe" (see Example 4) worked on the project 18 hours and
on other projects for the same contractor 22 hours. (18 x $6 45 = $116 10 earned this project,
$239 30 gross amount earned all projects) Circle hours, rate and gross amount on HUD job State
on the bottom of the first Payroll report that "circled hours represent hours worked on HUD job "�
The net amount shown on the Payroll report must represent the check amount. If the employee is
paid a separate check for work performed on the HUD job, it is not necessary to provide information
about work or salary paid on other jobs, but the check received by the employee must agree with the
amount shown, n the certified payroll report
Personal Services It is understood that the City enters into the Agreement based
on the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City
Acceptance Not Waiver The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement
10 Warranty
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier Upon receipt
of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City
11 Default Each and every term and condition hereof shall be deemed to be a material
element of this Agreement In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof
12 Remedies In the event a party has been declared in default, such defaulting party
07/24/98
Fnnge Benefits Fringe benefits (if shown on the wage determination) must be paid (in cash, to a
trust, plan or fund) for each hour worked.
When Fnnge benefits are sent to an approved program, (trust, plan or fund) they need not be
included in the rate of pay Example 5 - Cement Mason, Mr. John Johnson, receives 55 90 per
hour, an additional SO 66 is being sent to an approved plan - indicated by marking box (a) of
paragraph (4) on the Statement of Compliance (reverse side of payroll form)
Cement Mason, Mr Bill Thomas, receives the Fringe benefits required in cash - the total rate of
pay shown must be equal to the wage rate for that classification plus fringe benefits The $5 90
(wage rate) plus 50 66 (fringe) - $6 56 - indicated by marking box (b) of paragraph (4) on reverse
side of payroll
When an individual performs work on the project in more than one classification within the same
work week, have that individual sign the payroll report by his name or submit a copy of his time card
with the payroll report (If a lower rate of pay per hour is applicable).
7 When a bonified subcontractor works on the Job, he/she shall be listed on the payroll as owner and
- show his/her daily and total hour for the week I M. Boss (see example 7) If the subcontractor has
no employees and performs alone on the project, he will subriut weekly payrolls showing daily and
total hours worked When two or more working owners/operators (partners, co -owners, corporation
officers, etc ) perform work on the project they must show daily and total hours worked (Always
show exact work classification.)
Apprentices/Trainees: Submit an Apprenticeship or Trainee Certification with the payroll report
on which apprentice or trainee is first reported. Indicate step of apprenticeship or trainee and what
percentage of the journeyman wage he is receiving. (see Example 8)
It is the General Contractor's responsibility to submit correct payrolls. The General Contractor
should therefore compare the wage rate shown on each Subcontractor's payroll with the
required rate shown on the wage determination for this project. If there are underpayments,
restitution should be required and the payroll report corrected prior to subtruumg it to the HUD office
or contracting agency
Deductions must be identified, you must specify what each deduction is for. You cannot lump -sum
deductions under "other" The reviewer must ensure deductions are "authorized" such as insurance,
vacation, health benefits, etc For other deductions such as "Union Dues% Credit Unions, monetary
advances, or deductions for toot purchases, employee authorization statements are required A
statement from each employee authorizing the deduction be made for a specific purpose should be
filed with the HUD office or contracting agency
Payroll Form: Contractors are urged to use the Department of Labor (DOL) Form WH-347,
Payroll The text of the "weekly statement with respect to the payment of wages,' which is required
by regulations of the Secretary of Labor, appears on the reverse side of this optional form A
contractor may use a computerized payroll document or a payroll form of his/her own choosing as
long as it contains essentially the same information required on the front and back of the WH-347
Payroll Form For example, contractors may choose to submit their own payroll form each week
and fill out only the back of the WH-347 Payroll Form, or WH-348 which is the required "Statement
of Compliance."
In the event any contractor sees he will be employing a trade for which a wage rate is not listed on
the wage determination, it should be brought immediately to the attention of the contracting agency
so that a wage rate determination for that trade can be made at the earliest possible date A HUD
4230A (Optional Form) should be completed so that a rate can be established (see Example)
12. Submission of Payrolls: Each contractor or subcontractor shall subrr t to the contracting agency a
completed payroll for each work week from the time he begins work on a project until work is
completed All payrolls are to be numbered sequentially (starting with Number 1), and 'final"
payrolls shall be identified accordingly If no work is performed on the project during a given
penod, on the next performance payroll, state 'No work performed from pay penod ending
through "
(date) (date)
Payrolls must be signed by an officer of the company or an individual who has been 'authorized"
to do so by an officer of the company
Overtime: Overtime provisions for work performed over 40 hours per work week is computed at
one and one-half (1 1/2) times the basic rate of pay paid by the contractor Fringe benefits are not
included in the computation of overtime.
Additional Classifications: All laborers or mechanics need be classified in one of the listed
classifications on the wage decision. If one is missing, please complete the attached HUD 4230A.
The PRIME Contractor and originating SUBCONTRACTOR must maintain a copy of all documents
ad to HUD or the contracting agency This is required.
shall be allowed a period often (10) days within which to cure said default In the event the default
remains uncorrected, the parry declaring default may elect to (a) terminate the Agreement and seek
damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail
himself of any other remedy at law or equity If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default
13 Binding Effect This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties
14 Indemnity/Insurance, a The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder
b The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property
c Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page,
attached hereto and incorporated herein by this reference The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
07/24/98
4
Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to the City
15 Entire Agreement, This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties Covenants or
representations not contained in this Agreement shall not be binding on the parties
16 Law/Severability The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement
17 Special Provisions Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of
Twenty-two (22) pages, attached hereto and incorporated herein by this reference
/AtS
CORPORATE SECRETARY
RICHARD M. COHEN, SECRETARY
COLORADO MOISTURE CONTROL, INC,
07/24/98
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By d mow- rllee
James O'Neill II, CPPO
Direct of Puichasing and Risk Management
Date 7 23 -5 l
In
COLORADO MOISTURE CONTROL, INC.
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date �! I
(Corporat" Seal)
5
YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY
Section 1 Contractor hereby certifies that all information resources or systems to be
provided or used in connection with the performance of this Agreement are Year 2000
Compliant, except as otherwise expressly described in Section 2, below Year 2000 Compliant
shall mean that information resources meet the following criteria
a Data structures (e g , databases, data files) provide 4-digit date century
recognition For example, 1996" provides date century recognition, 96" does not
b Stored data contains date century recognition, including (but not limited to) data
stored in databases and hardware/device internal system dates
c Calculations and programs logic accommodate both same century and multi -
century formulas and date values Calculations and logic include (but are not limited to) sort
algorithms, calendar generation, event recognition, and all processing actions that use or
produce date values
d Interfaces (to and from other systems or organizations) prevent non -compliant
dates and data from entering any state system
User interfaces (i e , screens, reports, etc; ) accurately show 4 digit years
Year 2000 is correctly treated as a leap year within all calculation and calendar
logic
Section 2 Contractor has identified the following information resources or systems that will
be provided or used in connection with the performance of this Agreement that are not, or will
not by July 1, 1999, be Year 2000 Compliant
07/24/98
Section 3
a Contractor hereby certifies that the instances of information resources or
systems not Year 2000 Compliant identified in Section 2, above, will be Year 2000 Compliant
no later than October 1, 1999
b Contractor hereby certifies that the instances of information resources or
systems identified in Section 2, above, as not Year 2000 Compliant, and for which Year 2000
Compliance is or will not be achieved by October 1, 1999, are not related to and do not impair
the performance by Contractor of the terms of this Agreement, and do not produce new non-
compliant information resources or systems
Section 4 Contractor agrees to notify the City immediately of any information resources or
systems that are not Year 2000 Compliant upon encountering the same in connection with the
performance of the Agreement, including without limitation any information resources or
systems in use by Contractor in the performance of the Agreement or information resources or
systems of the City regarding which Contractor obtains information in the course of its
performance of the Agreement
Section 5 Contractor agrees to permit examination, by the City or agents thereof, of any
and all information resources and systems in use in connection with this Agreement, and
related Year 2000 Compliance implementation plans, in order to evaluate Year 2000
Compliance and potential implications of the same for the City and for performance of the
Agreement
Section 6 The Contractor shall indemnify and hold harmless the City, and its officers,
agents and employees, from and against all claims, damages, losses, and expenses, including
attorneys fees, arising out of or resulting from the Contractor s failure to disclose instances of
information resources or systems that are not Year 2000 Compliant, or failure to comply with
the terms of this Exhibit C
07/24/98
8
07/12/1999 14. 38 970221G534 FACILITIES
06-30-1999 01:47PM COLORRDO MOISTURE CONTROL
EXHIBIT A
PAGE 02
P.02
1116 Dan Moines • Loveland Colorado 30537
(97D) 667-7700 • (303) 447.9400 • FAX (970) 667.7767
June 30, 1999
Bob Palmer - Facilities Project Manager
117 N Mason St
Ft. Collins, CO 80522
Re. Catholic Charities Northern
Scope of work:
• Supply and install 3 new Zurn cast iron roof & airs and 4" PVC drawn lead' to
exit north wall. (Drain leader exiting north wall to be cast iron.)
Supply and install new prefinished collector head and open faced downspout at,
new drain leader
• Modify existing roofing to flash new drains in accordance with manufacturer's
specifications.
• Raise 3 existing scuppers approx 2" each Provide new scuppers and cxterior
trim. plates
• Davis Bacon wages.
LABOR. AND MATERIAL' $9,105 00
Exclusions: Core drilling of north wall
Colo Moisture Co ol. Inc -- 3
Mark Harrold, President
TOTRL P.02
JUI-13-99 03 36pm From-FLOOD&PETERSON EXHIBIT B 9702263877 T-575 P 02/02 F-127
Auumu.M t.;tK I II'ILoA It VI' IAAMII.,1 I Y IIIV."1, UKAR1L.t 1 07/13/99'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insuri nce Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4821 Wheaton Drive HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 270370
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
'—
Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE
INSURED ---`- -."- •`^^INSURERA'Cra Ve lets_ Sneurance� ,
Colorado Moisture Control, Inc. INSURER B(lolorado Compensation Authority
1115 Des Moines Avenue
Loveland, CO 80537 N6ueCqD �
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIGATE MAY BE ISSUED OR
MAY PERTAIN, THE PISURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDfTIONS OF SUCH
POLICIES AGGREGATE LIMfTS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS
NSR TYFE OF INSURANCE POLICYNUMBFR POLCY EFFECTPIE POLICY E)�IR FTION
M/Dp1, ATElMMlD OIYYI
LIMITS
A 1 GENERALLUABILRY DTHC0324D6349 05/01/99 05/01/00
EACH OCCURRENCE $1, 000, 000
�,X COMMERCIAL GENERAL LIABILITY
FIREOAMAG51MV*nIl;' $ 300OOO
CLAIMS MADE OCCUR
MED EXP Anyone Parson $ 5 000
PERSONAL &AOV INJURY $1-,_GOO O00
_
GENERAL AGGREGATE $2,000,000
OEM. AGOREGATE UNITAPP_wESPER
F-IPOLICY P O I I I-OC
PRODUOTS-COMP(OP AGO $2 000 000
-
A
1
OMOBILE LIABILITY
DTJ810324D6349TIL9
05/Ol/99
05/01/00
COMBINED SINGLE LIMIT
ANY AUTO
(EAacame.t)$1,000,000
INJURY
$
HX
AL L OWNE D AUTOSBODILY
SCHEDULEOAUTDS
(Perperson)
HIRED AUTOS
ILr—�
DOD ILY INJURY$
EXINDN-OW
NED AU70$
(Par ecmd.,,I)ent)
X
rive Other Ca
-
PROPERTY DAMAGE
(Par eaPldnnl)
$
1 GARAGE LIABILITY
AUTO ONLY, EA ACCIDENT
$
OTHER THAN EAACC
I
ANY AUTO
I
AUTO ONLY AGO
A
iEXCESS LIAOLITr_
DTSMJCTJP324DG349TI
05/01/913
05/01/00
EACH OCCURRENCE__.
0
_T4ti00000
`
( XI OCCUR ICLAWSMAOE
AGGREGATE
$4 000, 000
m
' X RETENTION S0
B
WORKERS COMPENSATION AND
4019334
05/Ol/9'a
05/01/00
x1�wCSTATy- OTH-
EMPLOYERS' LIABILITY
EL EACH ACCI GENT
$ 100 000
E L DISEASE-EAEMPLOYEE
$ 100,000
EL.OISEASE-POLICY LIMI
$ 500,000
OTHER
_
DESCRIPTION OFOPERATIONS/LOCATIONSIVEHIOLESIEXCLUSIONSADOED BYENOCRSEMENTISPECIALPROVISIONS
City of Fort Collins
P O, Box 580
Ft Collins CO 8OS22
ACORD 25-S(7J97)1 of 2 #5133569/M128360
SHOULD ANYOFTHE ABOVE DESCRIBEDFOLIMES RE CANCELLED BEFORETHEEXPIRATION
DATE1 HERE DF,THEISSUING INSURER W ILLENOEAVORTOMAIL3_CL DAYS WRITTEN
NOTICETOTHI: CERTIFICATE HOLDERNAMEOTOTHE LEFT, SUTFAILURE TO DOSOSHALL
IMPOSE NO OBLIGATION OR LIABILITY OR ANY KIND UPON THE INSURERITSM ENTS OR
FWD