HomeMy WebLinkAboutWORK ORDER - BID - 7223 DIRECTIONAL BORING (2)WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
COLORADO BORING CO.
DATED: 4/19/2011
Work Order Number: 158639
Purchase Order Number:
Project Title: 7223 DIRECTIONAL BORING —FEDERAL WORK— College & Mountain
Commencement Date: 4/19/2011
Completion Date: 5/612011
Maximum Fee: (time and reimbursable direct costs): $21,665.00, see attached
Project Description: Install conduit (quantity: 3, size: 3") across north, east and south
legs of intersection. Includes attached EECBG'requirements and current Davis Bacon
wages.
Scope of Services: Installation of underground: conduit, excavation of bore pits, and
potholes.
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 _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Contrac
By:
ate:
City offgrt Collins
Pr j ct ManagGeyr f
Date: I 1
By:
Director of Purchasing & Risk Managem
(over $60,000.00)
Date:
J
119
EJ
Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
Additional Funding Distribution and Assurance of Appropriate Use of Funds
Applicable if award is to a State Government or an Agency
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State
or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L.
111-5, the Governor of the State shall certify that: 1) the state will request and use funds
provided by the Act; and 2) the funds will be used to create jobs and promote economic
growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the
Act are not accepted for use by the Governor, then acceptance by the State legislature,
by means of the adoption of a concurrent resolution, shall be sufficient to provide funding
to such State.
Distribution — After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public entities,
and public -private entities within the State either by formula or at the State's discretion.
Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-
5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance
of this award that the infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total
cost, and the amount of covered funds to be used for posting on the Internet. A State or
local agency may not receive infrastructure investment funding from funds made
available by the Act unless this certification is made and posted.
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANYRECOVERYACT FUNDS FOR
CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC
BUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED
LESS THAN $7,443,000. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS
AND CONTRACTS.
a. Definitions. As used in this award term and condition--
(1) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been—
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different
properties than the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States;
State and local governments; and multi -State, regional, or interstate entities
which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,
jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2
percent carbon, and may include other elements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American
Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by
requiring that all iron, steel, and manufactured goods used in the project are
produced in the United States except as provided in paragraph (b)(3) and (b)(4)
of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government
as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(3) The award official may add other iron, steel, and/or manufactured goods to the
list in paragraph (b)(2) of this section and condition if the Federal Government
determines that--
(i) The cost of the domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or manufactured goods used
in the project is unreasonable when the cumulative cost of such material will
increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured
in the United States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would
be inconsistent with the public interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act .
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(3) of this section shall include adequate
information for Federal Government valuation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this
section.
(ii) A request based on unreasonable cost shall include a reasonable survey of
the market and a completed cost comparison table in the format in paragraph
(d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all
delivery costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds
have been obligated for a project for construction, alteration, maintenance, or
repair shall explain why the recipient could not reasonably foresee the need
for such determination and could not have requested the determination
before the funds were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to
section 1605 of the Recovery Act applies, the award official will amend the award
to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended
award shall reflect adjustment of the award amount, redistribution of budgeted
funds, and/or other actions taken to cover costs associated with acquiring or
using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or
manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in 2 CFR
176.1 10(a ).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods
is noncompliant with section 1605 of the American Recovery and Reinvestment
Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any
applicable supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of Measure
Quantity
Cost
dollars)'
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
'Include all delivery costs to the construction site.
9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM /S APPLICABLE TO ANY RECOVERY ACT FUNDS FOR
CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC
BUILDING OR PUBLIC WORK WITH A TOTAL PROJECT VALUE OVER $7,443,000
THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS MATERIALS
COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO
APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition --
Designated country —
(1) A World Trade Organization Government Procurement Agreement country
(Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United
Kingdom;
(2) Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa
Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico,
Morocco, Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995)
country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic,
Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods —
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials
from another country, has been substantially transformed in a designated country
into a new and different manufactured good distinct from the materials from
which it was transformed.
Domestic iron, steel, and/or manufactured good —
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials
from another country, has been substantially transformed in the United States
into a new and different manufactured good distinct from the materials from
which it was transformed. There is no requirement with regard to the origin of
components or subcomponents in manufactured goods or products, as long as
the manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured
good that is not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different
properties than the properties of the individual raw materials.
Public building and public work means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States;
State and local governments; and multi -State, regional, or interstate entities
which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,
jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works. 031510 Not Specified/Other
16 Steel means an alloy that includes at least 50 percent iron, between .02 and 2
percent carbon, and may include other elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implements—
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111--5) (Recovery Act), by requiring that all iron, steel, and
manufactured goods used in the project are produced in the United States;
and
(ii) Section 1605(d), which requires application of the Buy American requirement
in a manner consistent with U.S. obligations under international agreements.
The restrictions of section 1605 of the Recovery Act do not apply to
designated country iron, steel, and/or manufactured goods. The Buy
American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and
services of that Party the same as domestic goods and services. This
obligation shall only apply to projects with an estimated value of $7,443,000
or more.
(2) The recipient shall use only domestic or designated country iron, steel, and
manufactured goods in performing the work funded in whole or part with this
award, except as provided in paragraphs (b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron,
steel, and manufactured goods listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraph (b)(3) of this section if the Federal Government determines that--
(i) The cost of domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, and/or manufactured goods
used in the project is unreasonable when the cumulative cost of such material
will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured
in the United States in sufficient and reasonably available commercial
quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would
be inconsistent with the public interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or
the Buy American Act.
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(4) of this section shall include adequate
information for Federal Government evaluation of the request, including --
(A) A description of the foreign and domestic iron, steel, and/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this
section.
(ii) A request based on unreasonable cost shall include a reasonable survey of
the market and a completed cost comparison table in the format in paragraph
(d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs
to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds
have been obligated for a project for construction, alteration, maintenance, or
repair shall explain why the recipient could not reasonably foresee the need
for such determination and could not have requested the determination
before the funds were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to
section 1605 of the Recovery Act applies, the award official will amend the award
to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended
award shall reflect adjustment of the award amount, redistribution of budgeted
funds, and/or other appropriate actions taken to cover costs associated with
acquiring or using the foreign iron, steel, and/or relevant manufactured goods..
When the basis for the exception is the unreasonable cost of the domestic iron,
steel, or manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods
other than designated country iron, steel, and/or manufactured goods is
noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the applicant shall include the following information and any
applicable supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of Measure
Quantity
Cost
dollars)*
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
10. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(MAY 2009)
THIS AWARD TERM IS APPLICABLE TO RECOVERYACT PROGRAMS OR
ACTIVITIES THAT MAY INVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE,
OR REPAIR. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND
CONTRACTS.
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed
by contractors and subcontractors on projects funded directly by or assisted in whole
or in part by and through the Federal Government pursuant to the Recovery Act shall
be paid wages at rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to
implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct
agencies concerning application of the standard Davis -Bacon contract clauses set
forth in that section. Federal agencies providing grants, cooperative agreements, and
loans under the Recovery Act shall ensure that the standard Davis -Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts
that are in excess of $2,000 for construction, alteration or repair (including painting
and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should
direct their initial inquiries concerning the application of Davis -Bacon requirements to
a particular federally assisted project to the Federal agency funding the project. The
Secretary of Labor retains final coverage authority under Reorganization Plan
Number 14.
11. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act)
as required by Congress and in accordance with 2 CFR 215.21 "Uniform
Administrative Requirements for Grants and Agreements" and OMB Circular A--102
Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds. OMB Circular A--102
is available at http://www.whitehouse.gov/omb/circulars/a102/alO2.html
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB
Circular A--133, "Audits of States, Local Governments, and Non -Profit
Organizations," recipients agree to separately identify the expenditures for Federal
awards under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A--133.
OMB Circular A--133 is available at
http://www.whitehouse.gov/omb/circulars/a133/al33.html. This shall be
accomplished by identifying expenditures for Federal awards made under the
Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III
on the SF --SAC by CFDA number, and inclusion of the prefix "ARRA2 in identifying
the name of the Federal program on the SEFA and as the first characters in Item 9d
of Part III on the SF --SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the
time of subaward and at the time of disbursement of funds, the Federal award
number, CFDA number, and amount of Recovery Act funds. When a recipient
awards Recovery Act funds for an existing program, the information furnished to
subrecipients shall distinguish the subawards of incremental Recovery Act funds
from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to include on their SEFA information
to specifically identify Recovery Act funding similar to the requirements for the
recipient SEFA described above. This information is needed to allow the recipient to
properly monitor subrecipient expenditure of ARRA funds as well as oversight by the
Federal awarding agencies, Offices of Inspector General and the Government
Accountability Office.
12. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT (NOV 2009)
THIS AWARD TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE
REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS
APPLICABLE. THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND
CONTRACTS.
Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and Contract Work Hours
and Safety Standards Act, the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment
agreement made with Recovery Act funds by the Department of Energy (DOE) to
a Recipient. Such Award must require compliance with the labor standards
clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Recipients (other than a
unit of State or local government whose own employees perform the
construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor' means an entity that enters into a Contract. For purposes of these
clauses, Contractor shall include (as applicable) prime contractors, Recipients,
Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and
lower -tier subcontractors. —Contractors) does not mean a unit of State or local
government where construction is performed by its own employees.))
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime
contractor, or any tier subcontractor for construction, alteration, or repair. It may
also mean (as applicable) (i) financial assistance instruments such as grants,
cooperative agreements, technology investment agreements, and loans; and, (ii)
Sub awards, contracts and subcontracts issued under financial assistance
agreements. —Contractll does not mean a financial assistance instrument with a
unit of State or local government where construction is performed by its own
employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on
behalf of DOE and who is responsible for the business management and non -
program aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of
Federal funds in the form of a grant, cooperative agreement, or technology
investment agreement directly from the Federal Government and is financially
accountable for the use of any DOE funds or property, and is legally responsible
for carrying out the terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or
property in lieu of money, made under an award by a Recipient to an eligible
Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term includes
financial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement
of goods and services to carry out the program nor does it include any form of
assistance which is excluded from the definition of —Awardll above.
(7) "Subrecipient" means a non -Federal entity that expends Federal funds received
from a Recipient to carry out a Federal program, but does not include an
individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
College & Mountain
Colorado Boring
Contract Item
Anticipated
Quantities
Cost (Davis
Bacon Wages)
Extended
Price
Staging/Mobilization Costs (One time
cost for each work order)
1
$ 1,000.00
$ 1,000.00
Directional Boring
1-2" cost/foot
0
$ 8.00
$ -
2-2" cosYfoot
0
$ 9.50
$ -
1-3" cost/foot
300
$ 8.50
$ 2,550.00
2-3" cost/foot
300
$ 20.00
$ 6,000.00
2-2", 2-3" cost/foot
0
$ 24.00
$ -
Conduit
2" conduit cost/foot)
0
$ 0.98
$ -
3" conduit cost/foot
900
$ 2.45
$ 2,205.00
Excavation Pits
2' X 2'
$ 225.00
$ -
3' X 3'
$ 366.00
$ -
4' X 4'
6
$ 485.00
$ 2,910.00
5' X 5'
$ 675.00
$ -
Potholing
Pothole in concrete surface cost/each
30
$ 230.00
$ 6,900.00
Pothole in paved surface cost/each
0
$ 230.00
$ -
Pothole in unpaved surface cost/each
0
$ 155.00
$
$21,565.00
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid
unconditionally and not less often than once a week, and, without subsequent
deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual 031510 Not Specified/Other 20 relationship
which may be alleged to exist between the Contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe
benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(iv) of this section; also, regular
contributions made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as
provided in §5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the
workers.
(ii) (A) The Contracting Officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting
Officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry;
and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting
Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the
Wage and Hour Division, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days
of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is
necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the Contracting Officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
Contracting Officer shall refer the questions, including the views of all
interested parties and the recommendation of the Contracting Officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer within
the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to
all workers performing work in the classification under this Contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person,
the Contractor may consider as part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the Contractor under
this Contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the
Contractor or any subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), all or part of the wages required
by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after
written notice to the Contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(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 Department of Energy if the
agency is a party to the Contract, but if the agency is not such a party, the
Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead, the payrolls
shall only need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage
and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The
prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall
provide them upon request to the Department of Energy if the agency is a
party to the Contract, but if the agency is not such a party, the Contractor will
submit them to the Recipient or Subrecipient (as applicable), applicant,
sponsor, or owner, as the case may be, for transmission to the Department of
Energy, the Contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing
wage requirements. It is not a violation of this section for a prime contractor to
require a subcontractor to provide addresses and social security numbers to
the prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a —Statement of
Compliance,ll signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the Contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR
part 5, the appropriate information is being maintained under § 5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Contract during the payroll period has been
paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH-347 shall satisfy the requirement
for submission of the —Statement of Compliancell required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the
Contractor or subcontractor to civil or criminal prosecution under section
1001 of title 18 and section 3729 of title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the Department of Energy or
the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor
fails to submit the required records or to make them available, the Federal
agency may, after written notice to the Contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or
if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than
the ratio permitted to the Contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a Contractor
is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages
of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must
be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In
the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the Contractor will no
longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they
are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a
training plan approved by -the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29
CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this
Contract.
(6) Contracts and Subcontracts. The Recipient,.Subrecipient, the Recipient's, and
Subrecipient's contractors and subcontractor shall insert in any Contracts the
clauses contained herein in(a)(1) through (10) and such other clauses as the
Department of Energy may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5
may be grounds for termination of the Contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1,
3, and 5 are herein incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes clause of
this Contract. Such disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the Recipient, Subrecipient,
the Contractor (or any of its subcontractors), and the contracting agency, the
U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the Contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part
of the Contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section, the Contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition, such Contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph (b)(1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of
Energy or the Recipient or Subrecipient shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by
the Contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and
Subrecipient's contractor or subcontractor shall insert in any Contracts, the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(b)(1) through (4) of this section. The Contractor or subcontractor shall maintain
payrolls and basic payroll records during the course of the work and shall
preserve them for a period of three years from the completion of the Contract for
all laborers and mechanics, including guards and watchmen, working on the
Contract. Such records shall contain the name and address of each such
employee, social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual
wages paid. The records to be maintained under this paragraph shall be made
available by the Contractor or subcontractor for inspection, copying, or
transcription by authorized representatives of the Department of Energy and the
Department of Labor, and the Contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
Page I of 7
GENERAL DECISION: CO20100014 10/08/2010 C014
Date: October 8, 2010
General Decision Number: CO20100014 10/08/2010
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
Publication Date
0
03/12/2010
1
05/07/2010
2
06/04/2010
3
08/06/2010
4
10/08/2010
ELECO012-005 06/01/2009
i
PUEBLO COUNTY
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......................$
26.83
13.750+4.75
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
i
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 - 12thi& North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
----------------------------------------------------------------
* ELECO068-012 06/01/2010
I
ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS,
JEFFERSON, LARIMER AND WELD COUNTIES
Rates Fringes
http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CO201... 5/ 10/2011
Page 2 of 7
ELECTRICIAN (Excluding
traffic signal installation) ..... $ 31.60
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone I ......................$ 23.83
Zone 2......................$ 26.83
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
12.32
13.75%+4.75
13.75%+4.75
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
http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CO201... 5/ 10/2011
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS
TABLE OF CONTENTS
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 2
2. LOBBYING RESTRICTIONS 2
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EOUH'MENT AND
PRODUCTS -- SENSE OF CONGRESS 2
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 2
5. NATIONAL ENVH2ONMENTAL POLICY ACT (NEPA) REQUIREMENTS 3
6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 3
7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 4
8. REQUIRED USE OF AIVIERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009) 8
9. REODURED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 11
10. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
2009) 15
11. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009) 16
12. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(NOV 2009) 16
Page 3 of 7
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.
----------------------------------------------------------------
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 146 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
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Page 4 of 7
Rates
Laborers:
Asphalt Laborer/Raker,
Common Laborer & Concrete
Laborer/Mason Tender ........ $ 18.68
----------------------------------------
SUCO2001-003 12/20/2001
Rates
BRICKLAYER .......................$ 15.55
Carpenters:
Form Work (Excluding Curbs
& Gutters) .................$ 16.54
All Other Work ..............$ 16.61
Concrete Finisher/Cement Mason ... $ 16.05
Ironworkers:
Bridge Rail (Excludes
Guardrail) ..................$ 18.22
Reinforcing .................$ 16.69
Laborers:
Fence Erector (Includes
fencing on bridges) .........
$
13.02
Form Work (Curbs &
Gutters only) ...............$
11.85
Guardrail Erector
(Excludes bridgerail)......
$
12.89
Landscape and Irrigation
Laborer .....................$
12.26
Pipelayer...................$
13.55
Striping Laborer (Pre -form
layout and removal of
pavement markings) ..........
$
12.62
Traffic and Sign Laborer
(Sets up barricades and
cones, and installs
permanent signs) ............
$
12.43
Traffic Director/Flagger....
$
9.55
Painters:
Brush .......................$ 16.94
Spray .......................$ 16.99
Power equipment operators:
Backhoes....................$
16.54
Bobcat/Skid Loader ..........
$
15.37
Compactor - Dirt & Soil
Only ........................$
16.70
Concrete Pump Operator ......
$
16.52
Drill Operator: All except
William MF/ Watson 2500.....
$
16.74
Forklift ....................$
15.91
Post Driver/Punch Machine ...
$
16.07
Rotomill Operator ...........
$
16.22
Fringes
6.78
Fringes
2.85
3.90
3.88
3.00
6.01
5.45
3.20
3.45
3.20
3.16
2.41
3.21
3.22
3.05
2.10
2.87
4.24
4.28
3.30
4.30
2.66
4.09
4.41
4.41
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Page 5 of 7
Tractor ..................... $ 13.13 2.95
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
i
Rates
Fringes
Truck drivers:
Distributor Truck ...........
$
15.80
5.27
Dump Truck: Overl14 cubic
yards to and including 29
cubic yards. I ...
$
15.27
5.27
Dump Truck: OverI29 cubic
yards to and including 79
cubic yards ..... ............
$
15.80
5.27
Dump Truck: Over'79 cubic
yards .......................$
16.45
5.27
Dump Truck: To and
including 6 cubic yards &
over 6 cubic yards to and
including 14 cubic yards;
Water Truck. ...............$
14.93
5.27
Low Boy Truck ... ...........
---------- ------------------------------------------
$
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.
WAGE DETERMINATION APPEALS PROCESS
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.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CO201
5/10/2011
Page 6 of 7
1.) Has there been anjinitial 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
I
Wage and Hour Division
U.S. Department of Labor
i
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour�Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
I
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, projectidescription, 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
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5/ l0/2011
Page 7 of 7
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://frwebgate.access.gpo.gov/cgi-binJgetdoe.cgi?dbname=Davis-Bacon&docid=CO201... 5/ 10/20 l l
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
2. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate
to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to
those prescribed elsewhere in statute and regulation.
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American -
made.
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following
events: (i) you or your parent's filing of a voluntary case seeking liquidation or
reorganization under the Bankruptcy Act; (ii) your consent to the institution of an
involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of
any similar proceeding for or against you or your parent, or its consent to, the
dissolution, winding -up or readjustment of your debts, appointment of a receiver,
conservator, trustee, or other officer with similar powers over you, under any other
applicable state or federal law; or (iv) your insolvency due to your inability to pay your
debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the
occurrence of an event referenced in paragraph a; (ii) provide the facts surrounding
that event; and (iii) provide the impact such event will have on the project being
funded by this award.
c. Upon the occurrence of any of fhe four events described in the first paragraph, DOE
reserves the right to conduct a review of your award to determine your compliance
with the required elements of the award (including such items as cost share,
progress towards technical project objectives, and submission of required reports). If
the DOE review determines that there are significant deficiencies or concerns with
your performance under the award, DOE reserves the right to impose additional
requirements, as needed, including (i) change your payment method; or (ii) institute
payment controls.
d. Failure of the Recipient to comply with this provision maybe considered a material
noncompliance of this financial assistance award by the Contracting Officer.
5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an
adverse effect on the environment or limit the choice of reasonable alternatives prior to
DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this
project. Prohibited actions include: 1) Replacement of boilers in two municipal buildings
(300 LaPorte Ave. and the Fort Collins Museum Building) and 2) Automated electrical
load management controls in one municipal building (the Downtown .Transit Center).
These actions are not to be undertaken until Fort Collins provides a letter of
approval from the Colorado State Historical Preservation Officer. This restriction
does not preclude you from: the following actions that are listed in the Activity Sheets in
Attachment 2 of the grant: 1) Automated electrical load management controls in three
municipal buildings (281 N College, Transfort Operations Center, & the Fort Collins
Senior Center), 2) energy conservation education and public relations campaign, 3)
demonstration projects — —Earth Tubll in -vessel composting of restaurant and
landscape wastes and solar powered compacting trash receptacles, 4) installation of
innovative computer hardware and software, 5) install 1.25 miles of sidewalk/bike lanes
on Mountain Avenue from Meldrum to Riverside, 6) pilot test of —bike Boxll at the Plum
and Shield Streets intersection, 7) extend Lincoln Street pedestrian path one-half mile
where it borders the Buckingham Neighborhood, 8) adopt and implement
comprehensive green building codes for construction and major renovation of residential
and commercial buildings, 9)provide technical assistance to commercial building owners
to implement energy efficiency and conservation projects, 10) provide incentives for
installation of solar thermal hot water heaters, 11) obtain technical assistance for
tracking and progress reporting of greenhouse gas emissions mandated by the Fort
Collins adopted Climate Action Plan, and 12) installation of a 25kW photovoltaic system
on one municipal building.
HISTORIC PRESERVATION CLAUSE APPLIES (See Section 31)
If this award includes construction activities, you must submit an environmental
evaluation report/evaluation notification form addressing NEPA issues prior to
DOE/NNSA initiating the NEPA process.
6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible for or have any obligation to the recipient for (i) Decontamination and/or
Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which may be
incurred by the recipient in connection with the D&D of any of its facilities due to the
performance of the work under this Agreement, whether said work was performed prior
to or subsequent to the effective date of this Agreement.
7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)
was enacted to preserve and create jobs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to
minimize and avoid reductions in essential services and counterproductive State and
local tax increases. Recipients shall use grant funds in a manner that maximizes job
creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records comply with the requirements of the
Act.
The Government has not fully developed the implementing instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
requirements. The Recipient will be provided these details as they become available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds — the
contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,
subcontractor, grantee, or recipient is an employer; and any professional membership
organization, certification of other professional body, any agent or licensee of the
Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State
or local government, the State or local government receiving the funds and any
contractor or subcontractor receiving the funds and any contractor or subcontractor of
the State or local government; and does not mean any department, agency, or other
entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract)
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue
streams. No part of the funds from the Recovery Act shall be commingled with any other
funds or used for a purpose other than that of making payments for costs allowable for
Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local
government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of
the funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C.
App.) or of the Comptroller General is authorized —
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to,
and involve transactions relation to, the subcontract, subcontract, grant, or subgrant;
and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to
which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or
disclosed only for evaluation purposes, provided that if this applicant receives an award
as a result of or in connection with the submission of this application, DOE shall have the
right to use or disclose the data here to the extent provided in the award. This restriction
does not limit the Government's right to use or disclose data obtained without restriction
from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the
website www.recovery.gov , maintained by the Accountability and Transparency Board.
The Board may exclude posting contractual or other information on the website on a
case -by -case basis when necessary to protect national security or to protect information
that is not subject to disclosure under sections 552 and 552a of title 5, United States
Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but
are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may
not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing, including a disclosure made in the ordinary course of an employee's duties,
to the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other person working
for the employer who has the authority to investigate, discover or terminate misconduct,
a court or grant jury, the head of a Federal agency, or their representatives information
that the employee believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to
covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis
to conclude that the non -Federal employer has subjected the employee to a prohibited
reprisal. The agency shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before
the reprisal, together with compensation including back pay, compensatory
damages, employment benefits, and other terms and conditions of employment that
would apply to the person in that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate amount
of all costs and expenses (including attorneys' fees and expert witnesses' fees) that
were reasonably incurred by the employee for or in connection with, bringing the
complaint regarding the reprisal, as determined by the head of a court of competent
jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any
agreement, policy, form, or condition of employment, including any predispute arbitration
agreement. No predispute arbitration agreement shall be valid or enforceable if it
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall
post notice of the rights and remedies as required therein. (Refer to section 1553 of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov,
for specific requirements of this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent, contractor,
sub -grantee, subcontractor or other person has submitted a false claim under the False
Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds.
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds
under the Recovery Act including such items as timecards and invoices. Recipient shall
provide copies of backup documentation at the request of the Contracting Officer or
designee.