HomeMy WebLinkAboutBID - 7393 PAVEMENT MARKING REMOVALBID 7393 Pavement Marking Removal Page 1 of 35
INVITATION TO BID
7393 PAVEMENT MARKING REMOVAL
BID OPENING: 3:00 P.M. (our clock), June 1, 2012
The City of Fort Collins is requesting bids from firms to furnish to the City Pavement Marking
Removal bids per the attached specifications. Vendor must comply with attached Federal
Requirements.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), June 1, 2012.
The City has an overall DBE goal of 9.9%. There is no specific contract goal for this project
but the City encourages proposals from and the use of DBE firms in this project.
For technical questions, please contact Rich Brewbaker, Project Manager at 970-221-6792 or
rbrewbaker@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP,
Senior Buyer at (970) 221-6777 or jstephen@fcgov.com.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into
contract or honor the purchase order will be cause for removal of supplier's name from the City of
Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
BID 7393 Pavement Marking Removal Page 2 of 35
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any
and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be rendered.
This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self-stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the
bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
BID 7393 Pavement Marking Removal Page 3 of 35
CITY OF FORT COLLINS
BID PROPOSAL
7393 PAVEMENT MARKING REMOVAL
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
7393 Pavement Marking Removal PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS:
The City of Fort Collins is requesting bids for removal of street striping by wet sandblasting and other
sandblasting as needed for one calendar year. Prices must include all labor, material, required
permits, required traffic control and job-site clean-up as per the scope of services. Vendors
responding to this bid must comply with the federal requirements in Attachment #1.
For technical questions, please contact Rich Brewbaker, Project Manager at 970-221-6792 or
rbrewbaker@fcgov.com.
For purchasing questions, please call John Stephen, CPPO, LEED AP, Senior Buyer at 970-221-
6777 or jstephen@fcgov.com.
Awarded contractor must sign the attached Service Agreement and provide insurance per Exhibit
“B”.
This is a one year agreement but, at the option of the City, the Agreement 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 use the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office as a guide. Written notice of renewal
shall be provided to the Service Provider and mailed no later than 90 days prior to contract end.
Contractor must quote a price per linear foot and a price per square foot. The amount of
sandblasting which will be required for the calendar year has no guaranteed quantities.
This is a work order contract and the limit for each work order is $75,000 with a yearly limit of
$150,000.
BID 7393 Pavement Marking Removal Page 4 of 35
7393 PAVEMENT MARKING REMOVAL
BID SCHEDULE
PRICES QUOTED MUST INCLUDE ALL LABOR, MATERIAL, REQUIRED PERMITS, REQUIRED
TRAFFIC CONTROL AND JOB-SITE CLEAN-UP AS PER THE SCOPE OF SERVICES.
Price per linear foot: $___________________
(1 linear foot = 4" x 1')
Price per square foot: $___________________
FIRM NAME____________________________________________
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATURE____________________________________________
PRINTED NAME __________________________________________
ADDRESS______________________________________________
______________________________________________
PHONE/FAX # __________________________________________
EMAIL __________________________________________
BID 7393 Pavement Marking Removal Page 5 of 35
SPECIFICATIONS
1. GENERAL
Pavement marking removal shall comply with CDOT 2011 Standard Specifications Book,
Section 202.05–Pavement Markings.
To limit the impact on the motoring public and expedite the removal process - the equipment
used to remove the Linear Lines must be truck mounted. The City reserves the right to
approve the equipment proposed and if not suitable, may go to the next bidder.
Before the start of each project, the City Representative will give the Contractor the specifics
of each project to include, but not limited to: the location, the number of linear feet to be
removed, the start date and the completion date. If the contractor cannot fulfill any
requirement of the project, they must notify the City Representative immediately, before work
has been started.
2. RESPONSE TIME
Response time (the time between the initial contact by the City, and the physical start on the
project by the Contractor) shall be no more than one working day on any occasion, unless a
longer time is specified by the City for a particular project. The City shall also be able to
request an emergency response time of no more than four (4) hours. Contractor must
provide cell phone or pager number to City representative.
3. TRAFFIC CONTROL
It shall be the responsibility of the Contractor to provide work area traffic control for each
project. The Contractor shall submit a traffic control plan to the City for each project. All
traffic control plans must be approved by the City before the start of any work.
4. DUST EMISSION
Wet blasting must be used at all times to control dust emission. A box or cover must be
used to contain dust and or sand from spreading.
5. CLEAN-UP
The Contractor shall be responsible for all clean-up on the job. The project site, including
sidewalks, curb and gutter, bike lanes, etc., must be returned to it's original condition after
the completion of each project and or each working day. Under no circumstances shall any
removal materials be left on site overnight. Materials generated from the removal of paint
(asphalt, paint, debris, water) must be collected and properly disposed according to local,
State, and Federal regulations. Per City of Fort Collins Municipal Code 26-498, this material
must not be discharged to the City’s storm sewer system at any time.
6. INSPECTION:
The City representative, or his designate, will perform a final inspection after each project is
complete, to ensure that the work has been performed satisfactorily, and that the job site has
been cleaned to an acceptable standard. Any corrections needed shall be performed by the
Contractor under the direction of the City representative, at that time.
7. PAYMENT
All lane line striping removal will be measured in four inch (4") widths by one linear foot (1').
All lane stenciling, including cross-walks, stop-bars, arrows and "ONLY's" or other required
sandblasting, will be measured in square feet.
BID 7393 Pavement Marking Removal Page 6 of 35
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit
"B", consisting of ( ) page , and incorporated herein by this
reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed
by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City,
the Agreement may be extended for an additional period of one (1) year at the rates provided with
BID 7393 Pavement Marking Removal Page 7 of 35
written notice to the Professional mailed no later than ninety (90) days prior to contract end.
5. Contract Period. [Option 2] This Agreement shall commence ,
200 , and shall continue in full force and effect until , 200 , unless
sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be
extended for additional one year periods not to exceed ( ) additional one year
periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be
used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no
later than ninety (90) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early
Termination clause here as an option
7. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Service Provider:
BID 7393 Pavement Marking Removal Page 8 of 35
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
8. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit " ",
consisting of page , and incorporated herein by this reference.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
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 or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
13. Warranty.
BID 7393 Pavement Marking Removal Page 9 of 35
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
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
BID 7393 Pavement Marking Removal Page 10 of 35
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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
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 , 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. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
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20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security (the “e-Verify
Program”) or the Department Program (the “Department Program”), an employment verification
program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this Agreement
is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Service Provider shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien.
BID 7393 Pavement Marking Removal Page 12 of 35
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established in Subsection
8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement
is so terminated, Service Provider shall be liable for actual and consequential damages to the City
arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. [Optional] Special provisions or conditions relating to the services
to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of
( ) pages, attached hereto and incorporated herein by this reference.
BID 7393 Pavement Marking Removal Page 13 of 35
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
BID 7393 Pavement Marking Removal Page 14 of 35
EXHIBIT “ ”
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:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of
this Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................................16
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.......16
3. ACCESS TO RECORDS AND REPORTS.........................................................................................16
4. FEDERAL CHANGES ........................................................................................................................17
5. TERMINATION ...................................................................................................................................18
6. CIVIL RIGHTS REQUIREMENTS ......................................................................................................18
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)......................................................................19
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............................20
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)......................20
10. CARGO PREFERENCE REQUIREMENTS.......................................................................................21
11. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS ............................................................22
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT .....................................................28
13. ENERGY CONSERVATION REQUIREMENTS ................................................................................29
14. RECYCLED PRODUCTS...................................................................................................................30
15. ADA Access .......................................................................................................................................30
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES..............................................................30
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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 7393 Pavement Marking Removal Page 17 of 35
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
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass thru
to Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
311
None
None unless
non-
competitive
award
None
BID 7393 Pavement Marking Removal Page 18 of 35
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 City 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 the City to be paid the Contractor. If the Contractor has any property
in its possession belonging to the City, the Contractor will account for the same, and dispose of it in
the manner the City 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 City 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 City 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 City, 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 City 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 the City’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 the City setting forth the nature of said breach or default, the City 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 the City from also pursuing all available remedies against
Contractor and its sureties for said breach or default.
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.
BID 7393 Pavement Marking Removal Page 19 of 35
(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
seq., (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.
(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 9.9
%. A separate contract [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
BID 7393 Pavement Marking Removal Page 20 of 35
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)).
The successful bidder/offeror will be required to report its DBE participation obtained through
race-neutral means throughout the period of performance.
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, 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.
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.”
BID 7393 Pavement Marking Removal Page 21 of 35
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.
10. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately
owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent
such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 working days following the date of leading for shipments originating
outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in
English for each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the
FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include
these requirements in all subcontracts issued pursuant to this contract when the subcontract may
involve the transport of equipment, material, or commodities by ocean vessel.
BID 7393 Pavement Marking Removal Page 22 of 35
11. 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 its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
BID 7393 Pavement Marking Removal Page 23 of 35
(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.
(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.
BID 7393 Pavement Marking Removal Page 24 of 35
(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 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; 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 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
BID 7393 Pavement Marking Removal Page 25 of 35
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
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:
BID 7393 Pavement Marking Removal Page 26 of 35
(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 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
BID 7393 Pavement Marking Removal Page 27 of 35
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 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.
BID 7393 Pavement Marking Removal Page 28 of 35
(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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act
applies to grantee contracts and subcontracts “financed at least in part by loans or grants from …
the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6).
Although the original Act required its application in any construction contract over $2,000 or non-
construction contract to which the Act applied over $2,500 (and language to that effect is still found
in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater
BID 7393 Pavement Marking Removal Page 29 of 35
than $100,000.” 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction
projects that employ “laborers or mechanics on a public work.” These non-construction applications
do not generally apply to transit procurements because transit procurements (to include rail cars and
buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12). A grantee that
contemplates entering into a contract to procure a developmental or unique item should consult
counsel to determine if the Act applies to that procurement and that additional language required by
29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause
below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
Clause Language Contract Work Hours and Safety Standards
(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 (1) of this section the contractor and any subcontractor
responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States 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 (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 (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) 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 (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.
13. ENERGY CONSERVATION REQUIREMENTS
BID 7393 Pavement Marking Removal Page 30 of 35
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.
14. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002
of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
15. 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.
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from the
Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
BID 7393 Pavement Marking Removal Page 31 of 35
DAVIS BACON WAGE RATES
General Decision Number: CO120024 02/10/2012 CO24
Superseded General Decision Number: CO20100026
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 01/06/2012
1 02/10/2012
ENGI0009-012 05/01/2011
Rates Fringes
POWER EQUIPMENT OPERATOR:
(3)- Drill Rig Caisson
(smaller than Watson 2500
and similar)................$ 23.67 9.22
(4)-Oiler
Weld County................$ 23.82 9.22
(5)-Drill Rig Caisson
(Watson 2500 similar or
larger).....................$ 23.97 9.22
----------------------------------------------------------------
* SUCO2011-009 09/15/2011
Rates Fringes
CARPENTER
Excludes Form Work..........$ 20.72 5.34
Form Work Only
Larimer, Mesa..............$ 18.79 3.67
Weld.......................$ 16.54 3.90
CEMENT MASON/CONCRETE FINISHER
Larimer.....................$ 16.05 3.00
Mesa........................$ 17.53 3.00
Weld........................$ 17.48 3.00
ELECTRICIAN
Excludes Traffic
Signalization
Weld.......................$ 33.45 7.58
Traffic Signaliztion
Weld.......................$ 25.84 6.66
FENCE ERECTOR
Weld........................$ 17.46 3.47
GUARDRAIL INSTALLER
Larmer, Weld................$ 12.89 3.39
HIGHWAY/PARKING LOT
BID 7393 Pavement Marking Removal Page 32 of 35
STRIPING:Painter
Larimer.....................$ 14.79 3.98
Mesa........................$ 14.75 3.21
Weld........................$ 14.66 3.21
IRONWORKER, REINFORCING
(Excludes Guardrail
Installation)
Larimer, Weld...............$ 16.69 5.45
IRONWORKER, STRUCTURAL
(Excludes Guardrail
Installation)
Larimer, Weld...............$ 18.22 6.01
LABORER
Asphalt Raker
Larimer....................$ 18.66 4.66
Weld.......................$ 16.72 4.25
Asphalt Shoveler............$ 21.21 4.25
Asphalt Spreader............$ 18.58 4.65
Common or General...........$ 16.29 4.25
Concrete Saw (Hand Held)....$ 16.29 6.14
Landscape and Irrigation....$ 12.26 3.16
Mason Tender-
Cement/Concrete.............$ 16.29 4.25
Pipelayer
Larimer....................$ 17.27 3.83
Mesa, Weld.................$ 16.23 3.36
Traffic Control (Flagger)...$ 9.55 3.05
Traffic Control (Sets
Up/Moves Barrels, Cones,
Install Signs, Arrow
Boards and Place
Stationary Flags)(Excludes
Flaggers)
Larimer, Weld..............$ 12.43 3.22
PAINTER (Spray Only).............$ 16.99 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
Larimer....................$ 26.75 5.39
Mesa,Weld..................$ 23.93 7.72
Asphalt Paver...............$ 21.50 3.50
Asphalt Roller
Larimer....................$ 23.57 3.50
Mesa.......................$ 24.25 3.50
Weld.......................$ 27.23 3.50
Asphalt Spreader
Larimer....................$ 25.88 6.80
Mesa, Weld.................$ 23.66 7.36
Backhoe/Trackhoe
Larimer....................$ 21.46 4.85
Mesa.......................$ 19.81 6.34
Weld.......................$ 20.98 6.33
Bobcat/Skid Loader
Larimer....................$ 17.13 4.46
Mesa, Weld.................$ 15.37 4.28
Boom........................$ 22.67 8.72
Broom/Sweeper
BID 7393 Pavement Marking Removal Page 33 of 35
Larimer....................$ 23.55 6.20
Mesa.......................$ 23.38 6.58
Weld.......................$ 23.23 6.89
Bulldozer
Larimer, Weld..............$ 22.05 6.23
Mesa.......................$ 22.67 8.72
Crane.......................$ 26.75 6.16
Drill
Larimer, Weld..............$ 31.39 0.00
Mesa.......................$ 35.06 0.00
Forklift....................$ 15.91 4.68
Grader/Blade
Larimer....................$ 24.82 5.75
Mesa.......................$ 23.42 9.22
Weld.......................$ 24.53 6.15
Guardrail/Post Driver.......$ 16.07 4.41
Loader (Front End)
Larimer....................$ 20.45 3.50
Mesa.......................$ 22.44 9.22
Weld.......................$ 23.92 6.67
Mechanic
Larimer....................$ 27.68 4.57
Mesa.......................$ 25.50 5.38
Weld.......................$ 24.67 5.68
Oiler
Larimer....................$ 24.16 8.35
Mesa.......................$ 23.93 9.22
Roller/Compactor (Dirt and
Grade Compaction)
Mesa, Weld.................$ 21.33 6.99
Roller/Compactor (Dirt and
Grade Compaction
Larimer....................$ 23.67 8.22
Rotomill
Larimer....................$ 18.59 4.41
Weld.......................$ 16.22 4.41
Scraper
Larimer....................$ 21.33 3.50
Mesa.......................$ 24.06 4.13
Weld.......................$ 30.14 1.40
Screed
Larimer....................$ 27.20 5.52
Mesa.......................$ 27.24 5.04
Weld.......................$ 27.95 3.50
Tractor.....................$ 13.13 2.95
TRAFFIC SIGNALIZATION:
Groundsman
Larimier....................$ 11.44 2.84
Mesa........................$ 16.00 5.85
Weld........................$ 16.93 3.58
TRUCK DRIVER
Distributor
Larimer....................$ 19.28 4.89
Mesa.......................$ 19.17 4.84
Weld.......................$ 20.61 5.27
Dump Truck
Larimer....................$ 18.86 3.50
Mesa.......................$ 15.27 4.28
Weld.......................$ 15.27 5.27
BID 7393 Pavement Marking Removal Page 34 of 35
Lowboy Truck
Larimer....................$ 18.96 5.30
Mesa,Weld..................$ 18.84 5.17
Mechanic....................$ 26.48 3.50
Multi-Purpose Specialty &
Hoisting Truck
Larimer, Mesa..............$ 16.65 5.46
Weld.......................$ 16.87 5.56
Pickup and Pilot Car........$ 13.93 3.68
Semi/Trailer Truck..........$ 18.39 4.13
Truck Mounted Attenuator....$ 12.43 3.22
Water Truck
Larimer....................$ 19.14 4.99
Mesa.......................$ 15.96 5.27
Weld.......................$ 19.28 5.04
----------------------------------------------------------------
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)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates
that have been found to be prevailing for the cited type(s) of construction in
the area covered by the wage determination. The classifications are listed in
alphabetical order of "identifiers" that indicate whether the particular rate
is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with characters other than
"SU" denotes that the union classification and rate have found to be
prevailing for that classification. Example: PLUM0198-005 07/01/2011.
The first four letters , PLUM, indicate the international union and the four-
digit number, 0198, that follows indicates the local union number or district
council number where applicable , i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective bargaining
agreement which would be July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any changes in the
collective bargaining agreements governing the rate.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived from survey data
by computing average rates and are not union rates; however, the data used in
computing these rates may include both union and non-union data. Example:
SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the survey; and 007 is
an internal number used in producing the wage determination. A 1993 or later
date, 5/13/2010, indicates the classifications and rates under that identifier
were issued as a General Wage Determination on that date.
BID 7393 Pavement Marking Removal Page 35 of 35
Survey wage rates will remain in effect and will not change until a new survey
is conducted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries
of surveys, should be with the Wage and Hour Regional Office for the area in
which the survey was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described
here, initial contact should be with the Branch of Construction Wage
Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party
(those affected by the action) can request review and reconsideration from the
Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested
party's position and by any information (wage payment data, project
description, area practice material, etc.) that the requestor considers
relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party
may appeal directly to the Administrative Review Board (formerly the Wage
Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
None unless
non-
competitive
award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)
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 promulgated from