HomeMy WebLinkAbout472325 KREUTZMAN CONSTRUCTION COMPANY - CONTRACT - BID - 7080 EPIC SOLAR POOL PROJECTPlufcllatu C�
SERVICES 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 Kreutzman Construction, 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 two (2) pages 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 execution of this Agreement. Services shall be
completed no later than May 15, 2011. 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. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated upon completion and execution of this Agreement.
Services shall be completed no later than May 15, 2011. 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.
4. 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.
5. 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
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EXHIBIT "B"
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employers Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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EXHIBIT "C"
SPECIAL PROVISIONS
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM — FORMULA GRANTS
TABLE OF CONTENTS
1. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS — SENSE OF CONGRESS
2. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
3. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
4. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
5. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
6. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
7. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) —SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
8. WAGE RATE REOUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(MAY 2009)
9. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
10. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT (NOV 2009)
2011 Service Agreement
1. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS — SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American -
made.
2. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following
events: (i) you or your parent's filing of a voluntary case seeking liquidation or
reorganization under the Bankruptcy Act; (ii) your consent to the institution of an
involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing
of any similar proceeding for or against you or your parent, or its consent to, the
dissolution, winding -up or readjustment of your debts, appointment of a receiver,
conservator, trustee, or other officer with similar powers over you, under any other
applicable state or federal law; or (iv) your insolvency due to your inability to pay your
debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of
the occurrence of an event referenced in paragraph a; (ii) provide the facts
surrounding that event; and (iii) provide the impact such event will have on the
project being funded by this award.
C. Upon the occurrence of any of the four events described in the first paragraph,
DOE reserves the right to conduct a review of your award to determine your
compliance with the required elements of the award (including such items as cost
share, progress towards technical project objectives, and submission of required
reports). If the DOE review determines that there are significant deficiencies or
concerns with your performance under the award, DOE reserves the right to impose
additional requirements, as needed, including (i) change your payment method; or
(ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a
material noncompliance of this financial assistance award by the Contracting Officer.
3. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an
adverse effect on the environment or limit the choice of reasonable alternatives prior to
DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this
project. Prohibited actions include: 1) Replacement of boilers in two municipal buildings
(300 LaPorte Ave. and the Fort Collins Museum Building) and 2) Automated electrical
load management controls in one municipal building (the Downtown Transit Center).
These actions are not to be undertaken until Fort Collins provides a letter of
approval from the Colorado State Historical Preservation Officer. This restriction
does not preclude you from: the following actions that are listed in the Activity Sheets in
Attachment 2 of the grant: 1) Automated electrical load management controls in three
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municipal buildings (281 N College, Transfort Operations Center, & the Fort Collins
Senior Center), 2) energy conservation education and public relations campaign, 3)
demonstration projects — —Earth Tubll in -vessel composting of restaurant and
landscape wastes and solar powered compacting trash receptacles, 4) installation of
innovative computer hardware and software, 5) install 1.25 miles of sidewalk/bike lanes
on Mountain Avenue from Meldrum to Riverside, 6) pilot test of —bike Box[] at the Plum
and Shield Streets intersection, 7) extend Lincoln Street pedestrian path one-half mile
where it borders the Buckingham Neighborhood, 8) adopt and implement
comprehensive green building codes for construction and major renovation of residential
and commercial buildings, 9)provide technical assistance to commercial building owners
to implement energy efficiency and conservation projects, 10) provide incentives for
installation of solar thermal hot water heaters, 11) obtain technical assistance for
tracking and progress reporting of greenhouse gas emissions mandated by the Fort
Collins adopted Climate Action Plan, and 12) installation of a 25kW photovoltaic system
on one municipal building.
HISTORIC PRESERVATION CLAUSE APPLIES (See Section 31)
If this award includes construction activities, you must submit an environmental
evaluation report/evaluation notification form addressing NEPA issues prior to
DOE/NNSA initiating the NEPA process.
4. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible for or have any obligation to the recipient for (i) Decontamination and/or
Decommissioning (D&D) of any of the recipients facilities, or (ii) any costs which may be
incurred by the recipient in connection with the D&D of any of its facilities due to the
performance of the work under this Agreement, whether said work was performed prior
to or subsequent to the effective date of this Agreement.
5. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)
was enacted to preserve and create jobs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to
minimize and avoid reductions in essential services and counterproductive State and
local tax increases. Recipients shall use grant funds in a manner that maximizes job
creation and economic benefit.
2011 Service Agreement
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records comply with the requirements of the
Act.
The Government has not fully developed the implementing instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
requirements. The Recipient will be provided these details as they become available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds — the
contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,
subcontractor, grantee, or recipient is an employer; and any professional membership
organization, certification of other professional body, any agent or licensee of the
Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State
or local government, the State or local government receiving the funds and any
contractor or subcontractor receiving the funds and any contractor or subcontractor of
the State or local government; and does not mean any department, agency, or other
entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract)
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
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Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue
streams. No part of the funds from the Recovery Act shall be commingled with any other
funds or used for a purpose other than that of making payments for costs allowable for
Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local
government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of
the funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector
general appointed under section 3 or SG of the Inspector General Act of 1988 (5 U.S.C.
App.) or of the Comptroller General is authorized —
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to,
and involve transactions relation to, the subcontract, subcontract, grant, or subgrant;
and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to
which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages — of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or
disclosed only for evaluation purposes, provided that if this applicant receives an award
as a result of or in connection with the submission of this application, DOE shall have
the right to use or disclose the data here to the extent provided in the award. This
restriction does not limit the Government's right to use or disdose data obtained without
restriction from any source, including the applicant.
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Information about this agreement will be published on the Internet and linked to the
website www.recovery.gov , maintained by the Accountability and Transparency Board.
The Board may exclude posting contractual or other information on the website on a
case -by -case basis when necessary to protect national security or to protect information
that is not subject to disclosure under sections 552 and 552a of title 5, United States
Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but
are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may
not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing, including a disclosure made in the ordinary course of an employee's duties,
to the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other person working
for the employer who has the authority to investigate, discover or terminate misconduct,
a court or grant jury, the head of a Federal agency, or their representatives information
that the employee believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to
covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis
to conclude that the non -Federal employer has subjected the employee to a prohibited
reprisal. The agency shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held
before the reprisal, together with compensation including back pay, compensatory
damages, employment benefits, and other terms and conditions of employment that
would apply to the person in that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert witnesses'
fees) that were reasonably incurred by the employee for or in connection with,
bringing the complaint regarding the reprisal, as determined by the head of a court of
competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any
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agreement, policy, form, or condition of employment, including any predispute arbitration
agreement. No predispute arbitration agreement shall be valid or enforceable if it
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall
post notice of the rights and remedies as required therein. (Refer to section 1553 of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov,
for specific requirements of this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent, contractor,
sub -grantee, subcontractor or other person has submitted a false claim under the False
Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds.
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds
under the Recovery Act including such items as timecards and invoices. Recipient shall
provide copies of backup documentation at the request of the Contracting Officer or
designee.
Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
Additional Funding Distribution and Assurance of Appropriate Use of Funds
Applicable if award is to a State Government or an Agency
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State
or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L.
111-5, the Governor of the State shall certify that: 1) the state will request and use funds
provided by the Act; and 2) the funds will be used to create jobs and promote economic
growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the
Act are not accepted for use by the Governor, then acceptance by the State legislature,
by means of the adoption of a concurrent resolution, shall be sufficient to provide
funding to such State.
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Distribution — After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public entities,
and public -private entities within the State either by formula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-
5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance
of this award that the infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total
cost, and the amount of covered funds to be used for posting on the Internet. A State or
local agency may not receive infrastructure investment funding from funds made
available by the Act unless this certification is made and posted.
6. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR
a. Definitions. As used in this award term and condition—
(1) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been—
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different
properties than the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States;
State and local governments; and multi -State, regional, or interstate entities
which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,
jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2
percent carbon, and may include other elements.
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b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American
Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by
requiring that all iron, steel, and manufactured goods used in the project are
produced in the United States except as provided in paragraph (b)(3) and (b)(4)
of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government
as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(3) The award official may add other iron, steel, and/or manufactured goods to the
list in paragraph (b)(2) of this section and condition if the Federal Government
determines that--
(i) The cost of the domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or manufactured goods used
in the project is unreasonable when the cumulative cost of such material will
increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or
manufactured in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act
would be inconsistent with the public interest.
C. Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured
goods in accordance with paragraph (b)(3) of this section shall include
adequate information for Federal Government valuation of the request,
including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this
section.
(ii) A request based on unreasonable cost shall include a reasonable survey
of the market and a completed cost comparison table in the format in
paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all
delivery costs to the construction site and any applicable duty.
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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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Kreutzman Construction, Inc.
Attn: Purchasing
Attn: Steve Seefeld
Attn: Mr. Dave Kreutzman
PO Box 580
PO Box 580
75 Waneka Parkway
Fort Collins, CO 80522
Fort Collins, CO 80522
Lafayette, CO 80026
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.
6. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, Forty Three Thousand Five Hundred
Dollars ($43,500.00) and incorporated herein by this reference.
7. 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.
8. 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.
9. 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
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(iv) Any recipient request for a determination submitted after Recovery Act
funds have been obligated for a project for construction, alteration,
maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the
determination before the funds were obligated. If the recipient does not
submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to
section 1605 of the Recovery Act applies, the award official will amend the award
to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended
award shall reflect adjustment of the award amount, redistribution of budgeted
funds, and/or other actions taken to cover costs associated with acquiring or
using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or
manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in 2 CFR
176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods
is noncompliant with section 1605 of the American Recovery and Reinvestment
Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based
on unreasonable cost, the Recipient shall include the following information and any
applicable supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of Measure
Quantity
Cost
dollars
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
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'Include all delivery costs to the construction site.
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) —SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR
CONSTRUCTION, ALTERATION, MAINTENANCE~ OR REPAIR OF A PUBLIC
BUILDING OR PUBLIC WORK WITH A TOTAL PROJECT VALUE OVER $7,443,000
THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS MATERIALS
a. Definitions. As used in this award term and condition --
Designated country —
(1) A World Trade Organization Government Procurement Agreement country
(Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United
Kingdom;
(2) Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa
Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico,
Morocco, Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995)
country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic,
Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods —
(1) Is wholly the growth, product, or manufacture of a designated country, or
(2) In the case of a manufactured good that consist in whole or in part of materials
from another country, has been substantially transformed in a designated country
into a new and different manufactured good distinct from the materials from
which it was transformed.
Domestic iron, steel, and/or manufactured good —
(1) Is wholly the growth, product, or manufacture of the United States; or
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tenon enlr o_.__ n__. ..__ 1., -11.
(2) In the case of a manufactured good that consists in whole or in part of materials
from another country, has been substantially transformed in the United States
into a new and different manufactured good distinct from the materials from
which it was transformed. There is no requirement with regard to the origin of
components or subcomponents in manufactured goods or products, as long as
the manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured
good that is not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different
properties than the properties of the individual raw materials.
Public building and public work means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States;
State and local governments; and multi -State, regional, or interstate entities
which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,
jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works. 031510 Not Specified/Other
16 Steel means an alloy that includes at least 50 percent iron, between .02 and 2
percent carbon, and may include other elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implements—
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111--5) (Recovery Act), by requiring that all iron, steel, and
manufactured goods used in the project are produced in the United States;
and
(ii) Section 1605(d), which requires application of the Buy American requirement
in a manner consistent with U.S. obligations under international agreements.
The restrictions of section 1605 of the Recovery Act do not apply to
designated country iron, steel, and/or manufactured goods. The Buy
American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and
services of that Party the same as domestic goods and services. This
obligation shall only apply to projects with an estimated value of $7,443,000
or more.
2011 Service Agreement
(2) The recipient shall use only domestic or designated country iron, steel, and
manufactured goods in performing the work funded in whole or part with this
award, except as provided in paragraphs (b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron,
steel, and manufactured goods listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none'l
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraph (b)(3) of this section if the Federal Government determines that--
(i) The cost of domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, and/or manufactured goods
used in the project is unreasonable when the cumulative cost of such
material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured
in the United States in sufficient and reasonably available commercial
quantities of a satisfactory quality, or
(iii) The application of the restriction of section 1605 of the Recovery Act would
be inconsistent with the public interest.
C. Request for determination of inapplicability of section 1605 of the Recovery Act
or the Buy American Act-
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured
goods in accordance with paragraph (b)(4) of this section shall include
adequate information for Federal Government evaluation of the request,
including --
(A) A description of the foreign and domestic iron, steel, and/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this
section.
(ii) A request based on unreasonable cost shall include a reasonable survey
of the market and a completed cost comparison table in the format in
paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs
to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act
funds have been obligated for a project for construction, alteration,
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7non Cn V^ 0. 4 - n...J n...:..... n--- n0 .d Oo
maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the
determination before the funds were obligated. If the recipient does not
submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to
section 1605 of the Recovery Act applies, the award official will amend the award
to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended
award shall reflect adjustment of the award amount, redistribution of budgeted
funds, and/or other appropriate actions taken to cover costs associated with
acquiring or using the foreign iron, steel, and/or relevant manufactured goods..
When the basis for the exception is the unreasonable cost of the domestic iron,
steel, or manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods
other than designated country iron, steel, and/or manufactured goods is
noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based
on unreasonable cost, the applicant shall include the following information and any
applicable supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of Measure
Quantity
Cost
dollars
Item 1:
Foreign steel iron or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
"Include all delivery costs to the construction site.
2011 Service Agreement
8. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(MAY 2009)
THIS AWARD TERM IS APPLICABLE TO RECOVERYACT PROGRAMS OR
ACTIVITIES THAT MAY INVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE,
OR REPAIR. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND
CONTRACTS.
a. Section 1606 of the Recovery Act requires that all laborers and mechanics
employed by contractors and subcontractors on projects funded directly by or
assisted in whole or in part by and through the Federal Government pursuant to the
Recovery Act shall be paid wages at rates not less than those prevailing on projects
of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to
implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct
agencies concerning application of the standard Davis -Bacon contract clauses set
forth in that section. Federal agencies providing grants, cooperative agreements, and
loans under the Recovery Act shall ensure that the standard Davis -Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts
that are in excess of $2,000 for construction, alteration or repair (including painting
and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact
your awarding agency. Recipients of grants, cooperative agreements and loans
should direct their initial inquiries concerning the application of Davis -Bacon
requirements to a particular federally assisted project to the Federal agency funding
the project. The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
9. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act)
as required by Congress and in accordance with 2 CFR 215.21 "Uniform
Administrative Requirements for Grants and Agreements" and OMB Circular A--102
Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds. OMB Circular A-102
is available at http:/Avww.whitehouse.gov/omb/circulars/a102/aIO2.html
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB
Circular A-133, "Audits of States, Local Governments, and Non -Profit
Organizations," recipients agree to separately identify the expenditures for Federal
awards under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A-133.
2011 Service Agreement
OMB Circular A--133 is available at
hftp://www.whitehouse.gov/omb/circulars/al33/al33.htmi. This shall be
accomplished by identifying expenditures for Federal awards made under the
Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part 111
on the SF --SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying
the name of the Federal program on the SEFA and as the first characters in Item 9d
of Part III on the SF --SAC.
C. Recipients agree to separately identify to each subrecipient, and document at the
time of subaward and at the time of disbursement of funds, the Federal award
number, CFDA number, and amount of Recovery Act funds. When a recipient
awards Recovery Act funds for an existing program, the information furnished to
subrecipients shall distinguish the subawards of incremental Recovery Act funds
from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to include on their SEFA
information to specifically identify Recovery Act funding similar to the requirements
for the recipient SEFA described above. This information is needed to allow the
recipient to properly monitor subrecipient expenditure of ARRA funds as well as
oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
10. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT (NOV 2009)
CONTRACTS.
Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and Contract Work Hours
and Safety Standards Act, the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment
agreement made with Recovery Act funds by the Department of Energy (DOE) to
a Recipient. Such Award must require compliance with the labor standards
clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Recipients (other than a
unit of State or local government whose own employees perform the
construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these
clauses, Contractor shall include (as applicable) prime contractors, Recipients,
Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and
lower -tier subcontractors.--Contractorsl does not mean a unit of State or local
government where construction is performed by its own employees.11
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime
contractor, or any tier subcontractor for construction, alteration, or repair. It may
also mean (as applicable) (i) financial assistance instruments such as grants,
cooperative agreements, technology investment agreements, and loans; and, (ii)
Sub awards, contracts and subcontracts issued under financial assistance
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agreements. —Contract[[ does not mean a financial assistance instrument with
a unit of State or local government where construction is performed by its own
employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on
behalf of DOE and who is responsible for the business management and non -
program aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of
Federal funds in the form of a grant, cooperative agreement, or technology
investment agreement directly from the Federal Government and is financially
accountable for the use of any DOE funds or property, and is legally responsible
for carrying out the terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or
property in lieu of money, made under an award by a Recipient to an eligible
Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term includes
financial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement
of goods and services to carry out the program nor does it include any form of
assistance which is excluded from the definition of—Awardll above.
(7) "Subrecipient' means a non -Federal entity that expends Federal funds received
from a Recipient to carry out a Federal program, but does not include an
individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid
unconditionally and not less often than once a week, and, without subsequent
deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual 031510 Not Specified/Other 20 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 of paragraph (a)(1)(iv) 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
2011 Service Agreement
provided in §5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the
workers.
(ii) (A) The Contracting Officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting
Officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry;
and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination-
(B) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting
Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the
Wage and Hour Division, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days
of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is
necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the Contracting Officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
Contracting Officer shall refer the questions, including the views of all
interested parties and the recommendation of the Contracting Officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer within
the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii)(B) or (C) 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.
2011 Service Agreement
(iii) Whenever the minimum wage rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed as
an hourly rate, the Contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third
person, the Contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, provided that the Secretary of
Labor has found, upon the written request of the Contractor, that the
applicable standards of the Davis -Bacon Act have been met. The Secretary
of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the Contractor under
this Contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the
Contractor or any subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), all or part of the wages required
by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after
written notice to the Contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) 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
(or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(8) of the Davis -
Bacon Act), daily and weekly number of hours worked, deductions made, and
actual wages paid. Whenever the Secretary of Labor has found under 29
CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan
or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the
Contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially
2011 Service Agreement
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
10. 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.
11. 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 workmanshiptworkwomanship 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.
12. 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.
13. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
2011 Service Agreement
,non onin o. Ii n__1
responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii) (A) The Contractor shall submit weekly for each week in which any
Contract work is performed a copy of all payrolls to the Department of Energy
if the agency is a party to the Contract, but if the agency is not such a party,
the Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead, the payrolls
shall only need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage
and Hour Division Web site at
http://www.dol.gov/esa/whd/formstwh347instr.htm or its successor site. The
prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall
provide them upon request to the Department of Energy if the agency is a
party to the Contract, but if the agency is not such a party, the Contractor will
submit them to the Recipient or Subrecipient (as applicable), applicant,
sponsor, or owner, as the case may be, for transmission to the Department of
Energy, the Contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing
wage requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security numbers
to the prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a —Statement of
Compliance,ll 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:
(1) That the payroll for the payroll period contains the information
required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR
part 5, the appropriate information is being maintained under § 5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the Contract during the payroll period has
been paid the full weekly wages earned, without rebate, either directly
2011 Service Agreement
or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the Contract.
(C) 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 Compliancell required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the
Contractor or subcontractor to civil or criminal prosecution under section
1001 of title 18 and section 3729 of title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the Department of Energy 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 Federal
agency may, after written notice to the Contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or
if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to
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. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a Contractor
is performing construction on a project in a locality other than that in which its
2011 Service Agreement
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 less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the Contractor will
no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. 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 specified 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 of the
trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment
2011 Service Agreement
tenon cMlr c_i_. n__i
opportunity requirements of Executive Order 11246, as amended and 29
CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this
Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and
Subrecipient's contractors and subcontractor shall insert in any Contracts the
clauses contained herein in(a)(1) through (10) and such other clauses as the
Department of Energy may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5
may be grounds for termination of the Contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1,
3, and 5 are herein incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes clause of
this Contract. Such disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the Recipient, Subrecipient,
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.
(i) 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).
(ii) No part of this Contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part
of the Contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
2011 Service Agreement
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section, the Contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition, such Contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph (b)(1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of
Energy or the Recipient or Subrecipient shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by
the Contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and
Subrecipient's contractor or subcontractor shall insert in any Contracts, the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(b)(1) through (4) of this section. The Contractor or subcontractor shall maintain
payrolls and basic payroll records during the course of the work and shall
preserve them for a period of three years from the completion of the Contract for
all laborers and mechanics, including guards and watchmen, working on the
Contract. Such records shall contain the name and address of each such
employee, social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual
wages paid. The records to be maintained under this paragraph shall be made
available by the Contractor or subcontractor for inspection, copying, or
transcription by authorized representatives of the Department of Energy and the
Department of Labor, and the Contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
2011 Service Agreement
7non onin n__. n__:_.a n___
GENERAL DECISION: CO20100008 10/08/2010 CO8
Date: October 8, 2010
General Decision Number: CO20100008 10/08/2010
Superseded General Decision Number: CO20080008
State: Colorado
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include residential construction
consisting of single family homes and apartments up to and including 4 stories)
Modification Number
Publication Date
0
03/12/2010
1
06/04/2010
2
07/02/2010
3
07/09/2010
4
07/16/2010
5
08/06/2010
6
08/13/2010
7
09/24/2010
8
10/08/2010
ASBE0028-001 07/01 /2010
Rates Fringes
Asbestos Workers/Insulator
(Includes application of
all insulating materials,
protective coverings,
coatings and finishings to
all types of mechanical
systems) .................... $ 24.74 $ 11.13
CARP 1001-001 05/01 /2009
Rates Fringes
CARPENTER
(Including Formbuilding
and Metal Stud Work)....... $ 26.60 $ 8.89
2011 Service Agreement
tenon en" I-.-- n.._1 ___ ee _see
CAR P2834-001 05/01 /2009
Rates Fringes
MILLWRIGHT ....................... $ 27.60 $ 10.65
" ELECO068-009 06/01/2010
Rates Fringes
ELECTRICIAN
(Including Low Voltage
Wiring and Installation of
Communications Systems,
Security Systems,
Telephones, and
Temperature Controls)....... $ 31.60 $ 12.32
ELEV0025-002 01/01/2010
Rates Fringes
Elevator Constructor ............. $ 36.94 $ 20.24
FOOTNOTE:
a. Employer contributes 8% of basic hourly rate for over 5 years' service and 6% basic
hourly rate for 6 months' to 5 years' service as Vacation Pay Credit.
PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day;
Veterans Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day.
IRON 0024-001 1110112 009
Rates Fringes
IRONWORKER, STRUCTURAL ... $ 24.80 $ 9.91
PAIN 0930-001 07/01 /2009
Rates Fringes
GLAZIER .......................... $ 27.95 $ 7.10
P LAS 0577-001 05/01 /2010
Rates Fringes
Cement Mason/Concrete Finisher.$ 24.60 $ 10.10
2011 Service Agreement
tenon enln c_i.._ M-1
PLUM0003-001 06/01 /2010
Rates Fringes
PLUMBER
(Excluding HVAC work)....... $ 33.37 $ 10.35
PLUM0208-001 06/01 /2010
Rates Fringes
PIPEFITTER
(Including HVAC pipe)....... $ 33.30 $ 10.52
SHE E0009-001 07101 /2010
Rates Fringes
Sheet metal worker
(Includes HVAC duct and
installation of HVAC
systems) .................... $ 32.16 $ 11.71
S0002001-015 12/20/2001
Rates Fringes
LABORER
Common ...................... $ 9.56 $ 2.36
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Unlisted classifications needed for work not included within 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)).
In the listing above, the "SU" designation means that rates listed under the identifier do
not reflect collectively bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be prevailing.
2011 Service Agreement
7non cni� 17 -100
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
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
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
2011 Service Agreement
s►lll. v CERTIFICATE OF LIABILITY INSURANCE
e 2/2010 �'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
Certificate holder In lieu of such eodorsement(s).
PRODUCER
Beecher Carlson
2002 Sutiffiit Blvd
Suite 925.
Atlanta GA 30319
COS:CONTAU Daniel GamerFAX
(404) 460-1400 1WC NO, ww>440-1435
A�'�W:dga o@gotoalliance.net
PRODUCER
INSURER(S)AFFORDING COVERAGE
NAICi
INSURED
Areutz- n Construction, Inc.
75 Waneka Parkway
Lafayette CO 80026-2759
INSURERA:Endurance American Specialty
INSURERBAllied Group If Nationwide
INsuRERc:Pinnacol Assurance Conpany
INSURER D :
INSURERE:
INSURERF:
COVFRAGER CFRTIFICATF NUMRFR-10-11 All REVISION NUMBER:
THIS IS TO CERTIFY THAT 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
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF POLICY EXP LIMITS
INSR TYPE OF INSURANCE 0 TAIR POLICY NUMBER
LTR
GENERAL UABILnY
EACH OCCURRENCE
$ 1,000,00C
1
PREMISES Ea oownenco
i
X COMIAERCIAL GENERAL LIABILITY
MED EXP(Arry one person)
{
A
CIAIMSMADE OCCUR
CCIO1011063-00
/1/2010
/l/2011
PFP.SONALA PDV IN URY
$
GENERAL AGGREGATE
$ 2, 000,000
GE41 AGGREGATE L#An APPLIES PER:
PRODUCTS-COMPIOPA.GG
$ 2,000,000
$
1-1 POLICY LICY PRF OT LOC
AUTOMOGME
LIABILnY
COMBINED SINGLE LIMIT
(Ea amidenn
$ 1,000,000
B
X
ANY AUTO
ALL ONAUTOSNED AUTOS
]214135262
kCPBODILY
/l/2010
/1/2011
BODILY INJURY (Per pmsa.)
$
N.VRY (Per a¢idert!
f
PROPERTY DAMAGE
(Peracci0ert)
$
SCHEDULEDAUTOS
HIRED AUTOS
The# Pro+ iion A Irri(y
$
NON-OMED AUTOS
Unrotfred mdonsl BFsingle
i
X
UMBRELLA LAB
X
OCCUR
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
3 5,000,000
EXCESSLAB
CLAIMS -MADE
DEDUCTIBLE
$
$
A
RETENTION $
5101011064-00
/1/2010
/1/2011
L.
WORHERSCOMPENSATION
AND EMPLOYERS' LL)UI&BY YIN
ANY PROFRIETCIRIPMRTNEPIE)ECUTWE
X Y.RY LIMNITS I 'ER
E. L. EACH ACCIDENT
$ 1,000,0()0
E.L. DISEASE - FA EMPLOYE
$ 1,000,000
OE.n.,I, MEMBFJR E%CLUDc-09
(Ms Dry in NH)
NIA
116940
/1/2010
/1/2011
E.L. DISEASE -POLry LIMNS
1,000,000
If yes, di, mba ender
DESCRIPTION OF OPERATIONS below
B
LEASED/RENTED EQUIPMENT
PLCP7214135262
/1/2010
/1/2011
LIMB 100,000
DEDUCTIBLE 500
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AMoll ACORD 101, AddRbnel Remarks Scindule, If more span In reWlrW)
Subject to policy terms, conditions, limitations and exclusions.
City of Fort Collins
201 Laporte Avenue
Fort Collins, CO 80521-2739
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Griffin/RGALL 94 `y'14�-`
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.
14. 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.
15. 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
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
2011 Service Agreement
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govem 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
2011 Service Agreement
7non enlr n--1 n-:_. n--- a _e eo
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
19. 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-seven (27)
pages, attached hereto and incorporated herein by this reference.
2011 Service Agreement
lnon on.n c_i_, n_. 1 n__:_.w n--- c s no
Ll
CITY OF FORT COLLINS, COLORADO
a munici corporation
i,
-(Olt -JaBymes Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
KrI
Date: -3- aA-a
1-) ay6 KpLtzmam
P NT NAME
�rie-
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: e 3, 0?3• P011
ATTEST (Corporate Seal)
2(
CORgb ATE S CRE I �
2011 Service Agreement
7non vnin o-I— n--1 n—;__' n--- � s eo
EXHIBIT "A "
SCOPE OF SERVICES
EPIC Solar Panel Addition 2011
The Contractor (Kreutzman Construction) will add two (2) rows of twelve (12 each)
NGE216-TU evacuated tube solar collector panels on similar racks as the existing Solar
Thermal system at EPIC. The specifications for materials, equipment and labor shall be
equivalent to those specified in the City of Fort Collins RFP (#7080) for the original
"EPIC Solar Pool Project" system completed by Kreutzman Construction. All warranties
will be for equivalent periods of time. At completion of this project, the existing system
must operate flawlessly with the addition of the new panels, which means that, if
required, the contractor will add, resize, reconfigure, remove and/or reinstall any
equipment or materials necessary for the system to operate as an integral unit
electrically (including system controls), mechanically, and thermodynamically, at his
(Contractor's) expense.
The Contractor will submit an acceptable schedule for the construction of this project to
be approved by the City representative (Project Manager) ten (10) days before
commencement of the Work. The Contractor will submit an acceptable staging plan for
review and approval by the City Project Manger (10) ten days before commencement of
Work.
The contractor will, to the best of his ability, keep the staging and project area clean and
clutter free at all times. Contractor is responsible for removing from the site all
construction waste generated by the project.
The Contractor will coordinate all work for this project with the City Project Manager.
Work hours shall be 8:00 AM through 5:00 PM, Monday through Friday unless
otherwise approved by the City Project Manager.
No utility services or existing equipment in the existing facility is to be interrupted,
discontinued, or shut off without specific permission from the City Project Manager.
Cutting and patching on the project is the responsibility of the Contractor and the quality
of this Work will be completed at the sole discretion of the City Project Manager.
The Contractor will revise and resubmit any/all operations and maintenance information
and data details, which pertain to this addition, before final payment. This will include,
but may not be limited to, diagrams of rerouted wiring (high & low voltage), system
control devices, replacement of pumps, motors, piping, etc. that were modified during
the system addition.
The contractor will apply for any permits necessary for the completion of the work.
The Contractor will designate and supply an approved project superintendent who will
be on the job any time work is being performed by the general contractor, his
2011 Service Agreement
employees, and/or his subcontractors or suppliers.
The Owner may require, and if so, the Contractor must provide, shop drawings or
equipment identification materials, such as cut sheets containing specifications, for any
new equipment or material supplied on this project.
The contractor will provide any/all temporary equipment and/or controls necessary for
the successful and safe completion of the Work.
2011 Service Agreement