HomeMy WebLinkAbout180828 COLORADO BORING - CONTRACT - BID - 7223 DIRECTIONAL BORINGSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and Colorado Boring Co. 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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for 7223 Directional Boring - Federal Work. The conditions set forth herein shall apply
to all services performed by the Service Provider on behalf of the City and particularly described
in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a
sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated
herein by this reference, shall include a description of the services to be performed, the location
and time for performance, the amount of payment, any materials to be supplied by the City and
any other special circumstances relating to the performance of services. No work order shall
exceed $75,000. The only services authorized under this agreement are those which are
performed after receipt of such Work Order, except in emergency circumstances where oral
work requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any
Service Agreement
7223 Directional Boring - Federal Work Page 1 of 31
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
COLORADO BORING CO.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7223 DIRECTIONAL BORING —FEDERAL WORK
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of _ U pages are
hereby accepted and incorporated herein, by this
reference, and Notice to Proceed is hereby given.
Contractor
Date:
Service Agreement
7223 Directional Boring — Federal Work
City of Fort Collins
By. -
Project Manager
Date:
By:
Director of Purchasing & Risk Management
(over $60,000.00)
Date:
Page 10 of 31
EXHIBIT "B"
PAYMENTS
Bid Schedule - Federal Requirements Davis -Bacon wa es
Contract Item
Anticipated Quantities
os avrs
Bacon Wages)
Staging/Mobilization Costs (One time cost for each work
order)
1
$ O 0
Directional Baring
1-2" cost/foot
106
$ If. 00
2-2" cost1fwt
too
$ 9.
1-3" cost/foot
100
$ O
2-3" cost/foot
100
$ X4. 0 0
2-2", 2-3" cost/foot)
4005
O
Conduit
2" conduit cost/foot
1100
$
3" conduit cost(foot)
1100
$
Excavation Pits
2' X 2'
1
$ O
TX 3'
1$
.00
4' X 4'
1
$
5' X 5'
t
$ .00
Potholing
Pothole in concrete surface (cost/each)
10
$ O • O
Pothole in paved surface costfeach
1 p
$ 0
Pothole in unpaved surface cost/each
10
$
TOTAL BASE BID
$ C26,R73.00
Firm Name n tr�irer�.r_!1L alba- /:./e.- dOQo1..a9 ('y,
(Are (Tu a%corporation, DBA, Partnership, LLC, PC)
Signature
i
PRINTE AME Jan JuroLJ
Title // I/
Address
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- 9 . es ��nt y C'O. ,i 05-1 7
Phone/Cell 970 - V2V -/996 /920 -SS66 --?S-J,z
E-Mail- �r0n � ro�i ®M ne�D� 3p cant -
/000.00
I'DO.00
95W.00
B5O.00
1000.00
940o-e0
/O 7Y•00
,ti69SOo
zzr.0O
36soo
VrrOo
6757.00
2300.00
23 00. 00
IM. 00
BID 7223 Directional Boring Page 11 of 31
EXHIBIT "C"
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.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's 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.
BID 7223 Directional Boring Page 12 of 31
EXHIBIT "D"
SCOPE OF WORK
Scope of Work
On -call Boring Contract — This contract will provide on -call boring services for the Traffic
Operations department on an annual basis. The amount of boring work required for the
calendar year has no guaranteed quantities and will be used for bidding and award
purposes only. The scope of work will typically involve the installation of conduits
across multiple legs of an intersection. Work is expected to involve multiple locations.
The Boring Contractor is responsible for providing all labor, materials, and equipment,
including traffic control. Davis -Bacon wages may be required depending on the funding
source. Anticipated quantities are listed in the bid schedule.
Specifications
The Colorado Department of Transportation "Standard Specification for Road and
Bridge Construction", including all supplemental specifications as well as the current
version of the Larimer County Urban Area Street Standards and Manual on Uniform
Traffic Control Devices are made part of this contract by this reference as the minimum
standard specifications.
The City of Fort Collins Traffic Operations Department will be responsible for applying
for the excavation permit for work performed on public property in the right-of-way. The
Boring Contractor will be listed as the sub -contractor and will be required to possess a
license and proper endorsement to work in the public right-of-way. The Boring
Contractor is responsible for all traffic control including application for Traffic Control
permits.
Boring will include back -reaming, pulling conduit, and all associated site cleanup and
preparation for surface restoration. Conduit must be installed at a minimum of 36
inches under the roadway. Conduit must be 2 or 3 inch schedule 40, PVC conduit or
flexible high density polyethylene (HDPE). Sections must be glued, fused or
continuously run.
Potholing will require surface restoration as determined by the City of Fort Collins
Engineering Department. Potholes in an asphalt roadway shall require flowfill and hot
mix asphalt caps. Potholes in concrete surfaces shall require that the entire stone be
replaced.
This bid will be for various jobsites, as required by Traffic Department, and should not
be construed as one site. No work order exceeding $75,000 will be issued. Payment is
for completion of installed PVC only.
Contractor must enter into the attached work order services agreement (included for
your review) and provide the required insurance. This agreement is effective for one
year from the date on the service agreement. At the option of the City, the Agreement
BID 7223 Directional Boring Page 13 of 31
may be extended for additional one year periods not to exceed four (4) additional one
year periods. Pricing changes shall be negotiated by and agreed to by both parties and
may not exceed the Denver - Boulder CPI-U as published by the Colorado State
Planning and Budget Office. Written notice of renewal shall be provided to the Service
Provider and mailed no later than ninety (90) days prior to contract end.
Work Order Procedure:
A. All job estimates must be submitted on a unit price basis consistent with
the prices established in the Bid Schedule section.
B. Contractor will invoice for all jobs completed on a unit price basis with the
prices established in the Bid Schedule section.
C. Work order number must be included on the billing invoices.
All surface restoration of concrete sidewalks and street surfaces will be the
responsibility of the City of Fort Collins Traffic Operations Department.
The Boring contractor will be responsible for all associated site cleanup and
preparation for surface restoration. Preparation for restoration of potholes in an
asphalt roadway shall require flowfill and hot mix asphalt caps. Potholes in a
concrete roadway and sidewalks shall require either flowfill or high strength grout
(depending on location and negotiated per work order) and cold patch caps.
Allowable work hours are based on the noise ordinance from the Fort Collins
Municipal Code and Charter Section 20-25 (6) Any tools or equipment used in
construction, drilling, earthmoving, excavating, or demolition, provided that all
motorized equipment used in such activity is equipped with functioning mufflers,
and further provided that such work takes place between 7:00 a.m. and 8:00 p.m.
BID 7223 Directional Boring Page 14 of 31
EXHIBIT "D"
FEDERAL REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
FederaIIV Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
3. ACCESS TO RECORDS AND REPORTS
4. FEDERAL CHANGES
5. TERMINATION
6. CIVIL RIGHTS REQUIREMENTS
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
10. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS
11. ENERGY CONSERVATION REQUIREMENTS
12. ADA Access
BID 7223 Directional Boring Page 15 of 31
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject'to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, 'Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
BID 7223 Directional Boring Page 16 of 31
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Operational
Turnkey
Construction
Architectural'..
Acquisition
Professional Services
Characteristics
Service
-
Engineering;
' ofIRolling.
' Contract'
-
'Stock;.
I State Grantees
None
Those
None
None
None
None
a. Contracts below SAT
imposed on
($100,000)
state pass
-
None
thru to
Yes, if non-
None unless
None unless
None unless non-
b. - Contracts above
unless
Contractor
competitive
non-
non-
competitive award
$100,000/Capital
non-
award or if
competitive
competitive
Projects
competitive
funded thruz
award
award
award
5307/5309/5
311
II Non State Grantees
Those
a. Contracts below SAT
Yes3
imposed on
Yes
Yes
Yes
Yes
($100,000)
non -state
b. Contracts above
Yes3
Grantee pass
Yes
Yes
Yes
Yes
$100,000/Capital
thru to
Projects
Contractor
Sources of Authority: '49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (1)
4. FEDERAL CHANGES
Federal, Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended or
BID 7223 Directional Boring Page 17 of 31
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any
property in its possession belonging to the (Recipient), the Contractor will account for the same,
and dispose of it in the manner the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the (Recipient) may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the (Recipient), after setting up a new delivery of performance
schedule, may allow the Contractor to continue work, or treat the termination as a termination
for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor [an appropriately short
period of time] in which to cure the defect. In such case, the notice of termination will state the
time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor
of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient)
shall have the right to terminate the Contract without any further obligation to Contractor. Any
such termination for default shall not in any way operate to preclude (Recipient) from also
pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or
of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the Recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the effective
date of termination.
BID 7223 Directional Boring Page 18 of 31
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. The Contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time specified
in this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of
default. The Contractor will only be paid the contract price for services performed in accordance
with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the (Recipient), protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to
prosecute the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within this time,
or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within specified
time, whether or not the Contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the Recipient in completing the work.
The Contractors right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor. Examples of
such causes include: acts of God, acts of the Recipient, acts of another
BID 7223 Directional Boring I Page 19 of 31
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence April 26, 2011 and shall
continue in full force and effect until April 25, 2012, unless sooner terminated as herein provided
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is 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.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed 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 address:
Service Agreement
7223 Directional Boring — Federal Work Page 2 of 31
Contractor in the performance of a contract with the Recipient, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but
subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
I. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or
because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2)
deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the (Recipient)
or for the default of the Contractor. If the termination is for default, the notice shall state the
manner in which the contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds received from the
(Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for
default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the
contractor in proportion to the value, if any, of work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall
negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its
contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to
the work performed up to the time of termination.
BID 7223 Directional Boring Page 20 of 31
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events
which are not the fault of and are beyond the control of the contractor, the (Recipient),
after setting up a new work schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race Color, Creed, National Origin. Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et sec., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation, and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
BID 7223 Directional Boring Page 21 of 31
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE
participation is 7_2 %. A separate contract goal [of 0 % DBE participation has] [has
not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy
as City of Fort Collins deems appropriate. Each subcontract the contractor signs with
a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The contractor is required.to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor's receipt of payment for that work from the City of Fort Collins. In addition,
[the contractor may not hold retainage from its subcontractors.] [is required to
return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is
required to return any retainage payments to those subcontractors within 30 days
after incremental acceptance of the subcontractor's work by the City of Fort
Collins and contractor's receipt of the partial retainage payment related to the
subcontractor's work.]
d. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include,
in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
BID 7223 Directional Boring Page 22 of 31
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as 'covered
transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a.covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name). If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name), the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
BID 7223 Directional Boring Page 23 of 31
10. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS
Background and Application
The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874.
The Acts apply to grantee construction contracts and subcontracts that "at least partly are
financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49
CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29
CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration
and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both
Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model
clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied.
Clause Language
Davis -Bacon and Copeland Anti -Kickback Acts
(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 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 (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 provided in 29 CFR Part 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
classifications and wage rates conformed under paragraph (1)(ii) of this section) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and
BID 7223 Directional Boring Page 24 of 31
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) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(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; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a
classification prevails in the area in which the work is performed.
(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, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and 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.
BID 7223 Directional Boring Page 25 of 31
(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.
(v)(A) The contracting officer shall require that any class of laborers or mechanics
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 therefor 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, and
(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,
Employment Standards Administration, 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 with 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
BID 7223 Directional Boring Page 26 of 31
pursuant to paragraphs (a)(1)(v) (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.
(2) Withholding - The City of Fort Collins 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 City of Fort Collins 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)(B) 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 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 City of Fort Collins for transmission to the
Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i)
of Regulations, 29 CFR part 5. This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1),
U.S. Government Printing Office, Washington, DC 20402. The prime contractor is
BID 7223 Directional Boring Page 27 of 31
responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
(1) That the payroll for the payroll period contains the information required
to be maintained under section 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 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 Compliance" 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 231 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 Federal Transit
Administration 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, Bureau of
BID 7223 Directional Boring Page 28 of 31
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, 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 Bureau of
Apprenticeship and Training 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 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 of the Wage and Hour Division of the U.S. Department of Labor
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, 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
BID 7223 Directional Boring Page 29 of 31
City
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider
Colorado Boring Co.
Attn: Jon Jacobs
3813 Canal Drive
Fort Collins, CO 80524
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, 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.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of two (2) pages, and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and upon the
Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
9. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
Service Agreement
7223 Directional Boring - Federal Work Page 3 of 31
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
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) Subcontracts - The contractor or subcontractor shall insert in any subcontracts
the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as
the Federal Transit Administration may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(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 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).
BID 7223 Directional Boring
Page 30 of 31
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C.1001.
11. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
12. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for
Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations,
"Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines"
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings
and facilities must comply with both the ADAAG and amendments thereto in Appendix A
to 49 CFR Part 37.
BID 7223 Directional Boring Page 31 of 31
IE�!w CERTIFICATE OF LIABILITY INSURANCE OP ID KH
�
DA E(MM DDM YY)
1 08/02/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF II FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR N QTIVELY 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:the certificate holder Is an ADDITIONAL INSURED, the polfcy(les) must be endorsed. If SUBROGATION ED, subject to
the terms and condit)ons of the policy, certain policies may require an endorsement. A statement on this certificate does nrot confer rights to the
certificate holder in lieu of such endorsemen t(s).
PRODUCER
..
NAME:
(AIC, Na, E#):
LBN Insurance Agcy-Johnstown
ADDRESS:
4848 Thompson Pkwy, Ste 200
Johnstown CO 60534
CUSTONEBIDR COBOR-1
Phone:970-635-9400 Fax:970-635-9401
NSURERLSI AFFORDING COVERAGE
NAICf
INSURED
Ns RA: Travelers Companies
Jacobs Investments, LLC
Colorado Boring, LLC
Northern Lights Leasing, LLC
812 Queens Court
Fort Collins CO 80525
NSURERB: Pinnacol Assurance
41190
INSURER c:
Pe$t'O
INSURER E
INSURER F :
COVERAGES - CERTIFICATE NUMBER: REVISION NUMBER:
';HIS IS TO CERTIFY THAT TI-E POLICIES OF INSURANCE LISTED BELOW IUAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P ICY PERIOD
INDICATED. NOT in AMJING ANY RECUIREMENT. TEAR OR CONDI LION OF ANY CONTRACT OR OTHER DOCUMENT W RII RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFCRDED BY THE POLICIES DESCRIBED HEREIN IS SU3.ECT TO ALL THE TERMS.
EXCLUSIONS AND COI Mm OF SUCH POLICIES. LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR
TYPE OF INSURANCE
INSR
POLICY NIR.IDIX
(HadIDDmYYI
(MMAIDIYWY)
UNITS
GENERAL LIABILITY
EACH OCCURRETICE
$1,000,000
A
X COW.ERCIALGENERALLlm[[-"
007SR25A
08/01/10
08/01/11
PREMISES (Ea orzvrere:el
$300,000
C ?ASMADE [ OCCUR
MED EXP(AN mle lxlsonl
$ 10,000
PERSONAL$ ADV INJURY
$1,000,000
GENE.RAI. A(3GRECATE
s2,000,000
GENLAGGREGATELIMITAPPIJESPER.
PRGDUCTS- COMP/OP AGG
$2,000,000
PoLICY X PT LOC
$
A
AUTWONLE
LIABILITY
ANY AUTO
007SR25A
08/01/10
08/01/11
COMBINED SINGLE LIMN
(Ee eccideli)
S1, OOO,OOO
X
BODILY NJURY (Per p'-T"•an)
$ —
AIL OVYN€D AUTOS
BODILY INUURY(Per acadeN)
$
X
SCHETXd Fn AUTOS
HREDAUTOS
PROPERTY UAA�V�GE
(Per eccIIca)
$
X
NON VVNED AUTOS
$
A
UNIDRELLA LIAB
X
OCCUR
007SR25A
08/01/10
08/01/11
EACH OCCURRENCE
s5,000,000
EXCESS UAB
CWMSMACE
AGGREGATE
$5,000,000
OEIX1Cr10.E
$
X
$
RET>=NnoN $ 10,000
g
o Scots
AND EMPLOYERS' LUAU-nY
PINY PROPAETOAPARiNERIEJCECImVE YIN
CFFICETU WER EXCLUDED'!
(MaMafory M NH1
II yeS. CB5Cnbe11MBr
DE SCR IPTIONOFOPERATIONSNI.
IA
02168
vavere xwrve or mewoA
08/01/10
08/01/10
08/01/11
08/01/11
X X
TORY LIMITS ER
E L. EACH ACCIDENT
$1,000,000
EL. DISEASE -EAE OYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,0001000
A
Inland Marine
007SR25A -
08/01/10
08/01/11
E eductibl Soo
Scheduled 1266500
DESCRETION OF OPERATIONS I LOCATIONS I VEHICLES (Mach ACORD tei. Addtllanel Remerke Schedule, V more apace Is required)
If reeqquuired by w itten contract or written
agreeoent, The C ty of Fort Collins and CDOT are ingluded as additional
insured for ongoing operations under General Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
FORT-Ol THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE NTTH THE POLICY PRONSIONS.
City of Fort Collins pUIHOR®REPRESEMP
Purchasing
281 North College Ave n
(Fort Collins CO 805220580
01988-2009
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
J 0Rbr CERTIFICATE OF LIABILITY INSURANCE OP ID RN
DATE (U8$DDmYYi
�
oe/o2/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
RR
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: certificate o er Is anADDITIONAL INSURED, e p y(les) must be endorsedSUB OG ON 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 encimsement(s).
PRODUCER
NAMEPHOMIL
LBN Insurance Agcy-Johnstown
RVC, No, E#I: - (MC. No):
ADDREss:
4848 Thompson Pkwy, Ste 200
Johnstown CO 80534
-PRODCUSTOMERns COBOR-1
Phone:970-635-9400 Fax:970-635-9401
INSURERS) AFFORDING COVERAGE
HAI
INSURED
INSURER A: Travelers Companies
Jacobs Investments LLC
Colorado Boring, LLC
Northern Lights Leasing, LLC
812 Queens Court
Fort Collins CO 80525
INSURER B: Pinnacol Assurance
41190
INSURER C:
INSURER D:
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THATTFE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLIED TO THE INSURED NAMED PROVE FOR THE POLICY PERIOD
INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WBH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCF AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT M ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SIIOVWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR
TYPE OF INSURANCE
INSRVq
PIXJLY NUMBER
(MM/DDrVYY O
(MWDDM )
LIMITS
A
GENERAL LIABILITY
X COMMERCUIL GENERAL LIPBILTiY
CLAIMS -MADE �X OCCUR
X
0075R25A
O8/Ol/10
O8/Ol/11
EACH OCCURRENCE
$1,000,000
PREMISEs(Ea atturrence)
$300,000
MED EXP (Any ale Tarsal)
$ 10 , 00 0
PET:.ONPL dADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GENL AGGREGATE LIMB APPLIES PER
POLICY X �CTLOC
PRODUCTS - COMP/OP AGG
$2,000,000
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDLIEDAUTOS
HIRED AUTOS
NON "ED AUTOS
X
0075R25A
08/01/10
08/Dl/11
COMBINED SINGLE LINT
(Ee ecPwrt)
$1,000,000
X
BODILY INJURY(Perpornn)
E
BODILY N"Y(Per aLQdeld)
E
PROPERTY DAMAGE
(Per ecaderd)
$
X
X
$
E
A
UMBRELLA LIAB
EXCESS LIAB
X
ocCUP
CLAIMSMADE
0075R25A
08/01/10
08/01/11
1
EACH OCCURRENCE
s5,000,000
AGGREGATE
$ 5 , 000 , 000
DEDUCTIBLE
RETENTION $ 10,000
$
X
$
BWORKERS
COMPENSATION021687
AND EMPLOYERS' LIABILITY Y) N
ANY PROPRIETOR/PAATNER/EXECUTVE
EMBER
OFFICERMEXCLUDED'/El
(Mandatory In NH)
Ir yes, descnea older
DESCRIPTION OF OPERATIONS below
IA
auAolm trAxv®ece agexQeM
08/01/10
08/01/10
08/01/11
08/01/11
xi s X
TORV LIMBS ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE- EA EMPLOYEE
$1,000,000
EL DISEASE -POLICY LIMIT
$1, 000, 000
A
Inland Marine
0075R25A
08/01/10
08/01/11
Deductibl Soo
Scheduled 1266500
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AHecM1 ACORD 101, AddalAnel Remerka SchedWe, Ymare apoce b squired)
Colorado Project No. STA R600-333.Resident Engineer is Alazar Tesfaye
SO day written notice of cancellation for nonpayment of premium applies.
If required. by written contract or written agreement, Colorado Department of.
Transportation is included as additional insured for ongoing operations
under General Liability and Auto Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICES SE CANCELLED BEFORE
CDOTDEN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Colorado Department of
Transportation
Attn: Tracie Benton
4201 E. Arkansas.Ave, Room 404
Denver CO 80222
All rl.mN rocoruM
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
Page 1 of 7
General Decision Number: C0100014 10/08/2010 C014
Superseded General Decision Number: CO20080014
State: Colorado
Construction Type: Highway
Counties: Adams, Arapahoe, Boulder, Broomfield, Denver,
Douglas, E1 Paso, Jefferson, Larimer, Mesa, Pueblo and Weld
Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number
0
1
2
3
4
ELECO012-005 06/01/2009
PUEBLO COUNTY
Publication Date
03/12/2010
05/07/2010
06/04/2010
08/06/2010
10/08/2010
Rates Fringes
ELECTRICIAN (Excluding
traffic signal installation)
Electrical
work where the
total cost
is $150,000 or
less ........................$
22.85
10.79
Electrical
work where the
total cost
is over $150,000.$
27.00
10.91
TRAFFIC SIGNALIZATION:
Traffic Signal
Installation
Zone 1......................$
23.83
13.75%+4.75
Zone 2......................$
26.63
13.75%+4.75
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following
addresses in each of the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25. & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
-------------------------
* ELECO068-012 06/01/2010
ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS,
JEFFERSON, LARIMER AND WELD COUNTIES
Rates Fringes
ELECTRICIAN (Excluding
http://www.wdol.gov/wdol/scafiles/davisbacon/CO14.dvb 7/11/2011
Page 2 of 7
traffic signal installation) .....
$
31.60
12.32
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone 1......................$
23.83
13.75%+4.75
Zone 2......................$
26.83
13.75%+4.75
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following
addresses in each of the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
-----------
ELEC0113-005 06/01/2009
EL PASO COUNTY
Rates Fringes
ELECTRICIAN ......................$
28.80
3%+13.10
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone 1......................$
23.83
13.75%+4.75
Zone 2......................$
26.83
13.75%+4.75
TRAFFIC SIGNAL INSTALLER ZONE
DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following
addresses in each of the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
----------
ELEC0969-005 06/01/2009
MESA COUNTY
Rates Fringes
ELECTRICIAN (Excluding
traffic signal installation) ..... $ 20.31 8.92
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone I ......................$ 23.83 13.75%+4.75
Zone 2......................$ 26.83 13.75%+4.75
http://www.wdol.gov/wdol/scafiles/davisbacon/CO14.dvb 7/11/2011
Page 3 of 7
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following
addresses in each of the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
--------
ENGI0009-002 05/01/2010
Rates
Fringes
Power equipment operators:
Asphalt Screed ..............$
23.67
9.22
Bituminous or Asphalt
Spreader/Laydown Machine ....
$
23.67
9.22
Bulldozer ...................$
23.67
9.22
Crane: 50 tons and under ...
$
23.82
9.22
Crane: 51 to 90 tons .......
$
23.97
9.22
Crane: 91 to 140 tons ......
$
24.12
9.22
Crane: 141 tons and over ....
$
24.88
9.22
Drill Operator: William
MF/Watson 2500 only .........
$
23.97
9.22
Grader/Blade: Finish ........
$
23.97
9.22
Grader/Blade: Rough .........
$
23.67
9.22
Loader: Barber Green, etc.
& Up to and including 6
cubic yards .................$
23.67
9.22
Loader: Mechanic/Welder
(heavy duty) ................$
23.97
9.22
Loader: Over 6 cubic yards..$
23.82
9.22
Mechanic and/or Welder
(Includes heavy duty &
combination mechanic and
welder) :....................$
26.12
9.22
Oiler .......................$
22.97
9.22
Power Broom: 70 HP and over.$
23.67
9.22
Power Broom: Under 70 HP ....
$
22.97
9.22
Roller (excluding dirt &
soil compaction): Self-
propelled, all types over
5 tons ......................$
23.67
9.22
Roller (excluding dirt &
soil compaction): Self-
propelled, rubber tires
under 5 tons ................$
23.32
9.22
Scraper: Single bowl
including pups 40 cubic
yards and tandem bowls and
over ........................$
23.97
9.22
Scraper: Single bowl under
40 cubic yards ..............$
23.82
9.22
Trackhoe....................$
23.82
9.22
LAB00086-002 05/01/2009
Rates Fringes
http://www.wdol.gov/wdol/scafiles/davisbacon/CO14.dvb 7/11/2011
Page 4 of 7
Laborers
Asphalt Laborer/Raker,
Common Laborer & Concrete
Laborer/Mason Tender ........ $ 18.68 6.78
----------------------------------------------------------------
SUCO2001-003 12/20/2001
Rates Fringes
BRICKLAYER .......................$ 15.55 2.85
Carpenters:
Form Work (Excluding Curbs
& Gutters) .................$ 16.54 3.90
All Other Work ..............$ 16.61 3.88
Concrete Finisher/Cement Mason ... $ 16.05 3.00
Ironworkers:
Bridge Rail (Excludes
Guardrail) ..................$ 18.22 6.01
Reinforcing .................$ 16.69 5.45
Laborers:
Fence Erector (Includes
fencing on bridges) .........
$
13.02
3.20
Form Work (Curbs &
Gutters only) ...............$
11.85
3.45
Guardrail Erector
(Excludes bridgerail)......
$
12.89
3.20
Landscape and Irrigation
Laborer .....................$
12.26
3.16
Pipelayer...................$
13.55
2.41
Striping Laborer (Pre -form
layout and removal of
pavement markings) ..........
$
12.62
3.21
Traffic and Sign Laborer
(Sets up barricades and
cones, and installs
permanent signs) ............
$
12.43
3.22
Traffic Director/Flagger....
$
9.55
3.05
Painters:
Brush .......................$
16.94
2.10
Spray .......................$
16.99
2.87
Power equipment operators:
Backhoes....................$
16.54
4.24
Bobcat/Skid Loader ..........
$
15.37
4.28
Compactor - Dirt & Soil
Only ........................$
16.70
3.30
Concrete Pump Operator ......
$
16.52
4.30
Drill Operator: All except
William MF/ Watson 2500.....
$
16.74
2.66
Forklift ....................$
15.91
4.09
Post Driver/Punch Machine ...
$
16.07
4.41
Rotomill Operator ...........
$
16.22
4.41
Tractor .....................$
13.13
2.95
http://www.wdol.gov/wdol/scafiles/davisbacon/COI4.dvb 7/11 /2011
Page 5 of 7
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Groundman
Class C....................$ 11.44 3.25
Truck drivers:
Floats -Semi Truck ...........
$
14.86
3.08
Multipurpose Truck -
Specialty & Hoisting ........
$
14.35
3.49
Pickup Truck (Includes
Pilot and Sign/Barricade
Truck) ......................$
13.93
3.68
Single Axle Truck ...........
$
14.24
3.77
Truck Mechanic ..............$
----------------------------------------------------------------
16.91
3.01
TEAM0435-002 05/01/2000
Truck drivers:
Distributor
Truck ........... $
Dump Truck:
Over 14 cubic
yards to and
including 29
cubic yards .................$
Dump Truck:
Over 29 cubic
yards to and
including 19
cubic yards .................$
Dump Truck:
Over 79 cubic
yards .......................$
Dump Truck:
To and
including 6
cubic yards &
over 6 cubic
yards to and
including 14
cubic yards;
Water Truck .................$
Low Boy Truck
----------------------------------
...............$
Rates Fringes
15.80 5.27
15.27
5.27
15.80
5.27
16.45
5.27
14.93 5.27
17.25 5.27
-----------------------------
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.
http://www.wdol.gov/wdol/scafiles/davisbacon/CO14Avb 701/2011
Page 6 of 7
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:
http://www.wdol.gov/wdol/scafiles/davisbacon/CO14.dvb 1 7/11 /2011
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
12. 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 under the
Agreement or of any cause of action arising out of the performance of this Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for work.
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of
Service Agreement
7223 Directional Boring - Federal Work Page 4 of 31
Page 7 of 7
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 requester 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
http://www.wdol.gov/wdol/scafiles/davisbacon/CO14.dvb 7/11 /2011
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.
14. 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.
15. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (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 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.
16. 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 representative, successors and assigns of said parties.
17. 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
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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 "D", 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.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section8-17.5-101,
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
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7223 Directional Boring - Federal Work Page 6 of 31
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
Provider shall:
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
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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.
21. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit D, Scope of Work consisting of
two (2) page[s] and Exhibit E, Federal Requirements, consisting of seventeen (17) page[s),
attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
es B. O'Neill II, CPPO
Directo Purchasing and Risk Management
Date:
Title &�t ,
Corporate Presid nt or Vice President
Date: '/ -Z 9 - .2 n /-/
ATTEST
(Corporate Seal)
A��
Corporate Secretary
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