HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - CONTRACT - BID - 7391 MISCELLANEOUS CONCRETE ANNUALSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and VOGEL CONCRETE INC. hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for 7391 Miscellaneous Concrete Annual. The conditions set forth herein shall apply to
all services performed by the Service Provider on behalf of the City and particularly described in
Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a
sample of which is attached hereto as Exhibit "A", consisting of four (4) page(s) and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance of
services. No work order shall exceed $75,000. This is an Indefinite Delivery Indefinite Quantity
(IDIQ) Agreement with a maximum yearly total not to exceed $300,000 for Federal work. The
only services authorized under this agreement are those which are performed after receipt of
such Work Order, except in emergency circumstances where oral work requests may be issued.
Oral requests for emergency actions will be confirmed by issuance of a written Work Order
within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
VOGEL CONCRETE INC
DATED: MAY 31, 2012
Work Order Number:
Purchase Order Number:
Project Title: 7391 Miscellaneous Concrete Annual
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity
in the terms of the Professional Services
Agreement and this work order (including
the attached forms) the Professional
Services Agreement shall control.
The attached forms consisting of _ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
User Acceptance
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk
Management (over $60,000.00)
Date:
SPECIFICATIONS
GENERAL
A. This bid will be for various jobsites, as required by City Departments and should not
be construed as one site. Each jobsite will be based on isolated locations which are
separated by more than 1 city block. Needed services during the contract period will
be requested through issuance of work orders. No work order exceeding $75,000
will be issued.
B. The Contractor must provide all labor, materials and equipment, including traffic
control and barricading to accomplish the work in accordance with City standard
specifications. Replacement of curb, gutter and sidewalk shall match existing, i.e.,
vertical curb shall be replaced with vertical curb, etc., or as directed by Engineer or
Project Manager.
C. Contractor must maintain a local telephone number, and must be able to be reached
by telephone and facsimile transmissions during prescribed business hours (8 hours
per each 24 hour working period - Monday through Friday). Contractor will respond
to all City non -emergency telephone transmissions in a reasonable time (Generally
meaning within 24 hours on the next working day).
D. The City may use this contract for federally funded work. Federal Requirements will
be added for each work order when being paid with federal funds. For each work
order, Force Account Labor Rates will be used if higher than current Davis Bacon
Wages published by the US Department of Labor.
2. COMPLIANCE STANDARDS
A. Contractor must refer to the Larimer County Urban Area Street Standards
(LCUASS) latest edition. These documents are available on the internet at
www.larimer.org.
B. The Contractor must submit concrete mix designs for approval by the City Streets
Department prior to starting work. The City may require the Contractor to use rapid
set concrete.
C. The Contractor must be licensed with the City of Fort Collins and shall comply with
all applicable Federal, State and Local Laws and regulations for the duration of the
contract.
D. All asphalt patching shall be performed in accordance with the current City
specifications and by a contractor licensed with the City of Fort Collins.
E. The Master Street Plan depicting the classification of City roads is available on
the internet at:
http://citvdocs fcgov com/?dt=Master+Street+Plan+Map&dn=GIS+MAPS&vid=19
2&cmd=showdt
3. SERVICE AGREEMENT AND INSURANCE
A. Contractor must enter into the attached services agreement and provide the
required insurance (Exhibit "B"). This agreement is effective for one year from the
date on the service agreement. 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 (unless approved in writing) not exceed the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office. Written notice of
renewal shall be provided to the Service Provider and mailed no later than ninety
(90) days prior to contract end.
4. WORK ORDER PROCEDURE
A. All job estimates must be submitted on a unit price basis consistent with the prices
established in the Bid Schedule section.
B. Contractor will invoice for all jobs completed on a unit price basis with the prices
established in the Bid Schedule section.
C. Work order number must be included on the billing invoices.
D. All jobs must begin within a ten (10) day period following issue of a work order.
Each work order shall be signed and returned to the issuing department within 48
hours. If the low responsive, responsible bidder cannot meet this performance
specification, the City has the right to offer the project to the next lowest responsive,
responsible bidder according to prices listed from their submitted bid schedule.
Exceptions to this policy will be made for inclement weather preventing a timely
response by the Contractor (a one -day extension for each day of bad weather will
be given), or a previous understanding between the Contractor and the City's
departmental representative allowing more flexibility with regard to the individual
project. It will be the Contractor's responsibility to make these arrangements with
the City's Representative.
E. Work order procedure for federally funded work must include current Davis Bacon
wages rates at time of work order.
5. PATCHING REQUIREMENT
A. All concrete placed adjacent to asphalt pavement will require placement of a hot mix
asphalt patch, unless otherwise directed by the City Engineer's office. The minimum
length shall be one (1) foot longer than the concrete replacement. Asphalt next to
new crosspans and aprons shall be sawcut a minimum of 30 inches from the new
concrete, and asphalt next to new curb and gutter shall be sawcut a minimum of 24
inches from the new concrete so that the patching crew can provide a clean,
effective patch. Patching limits shall be determined by the City Engineer, or his
representative, and shall meet current City of Fort Collins patching standards for
limits and depth. The Contractor shall patch the asphalt before removing the
barricades and within seven (7) days of the placement of the concrete curb and
gutter. If cold weather does not allow for a hot mix asphalt patch, the Contractor
shall place a temporary asphalt patch and maintain the patch until a hot mix patch
can be installed.
6. INSPECTION
A. It shall be the Contractor's responsibility to notify the City Engineer, or their
representative, that the work is ready for inspection. Every request for inspection
shall be made at least twenty-four (24) hours before inspection is desired. Any work
completed by the Contractor and not inspected and accepted by the City engineer's
office shall be removed and replaced at the Contractor's expense.
7. AWARD
A. Prices bid shall be based upon Project Specifications and it shall be each Bidder's
responsibility to familiarize themselves with the complexities involved for each type
before entering a bid. Payment will be processed by City Departments upon the
presentation of invoicing.
B. Award of this bid will be made in the best interest of the City. Evaluations will be
completed using the estimated quantities given, times the unit price. The City would
prefer to award the contract to one contractor, but reserves the right to award to two
contractors.
8. TRAFFIC CONTROL
A. All traffic control, work zone protection, and/or parking control and permits shall be
the responsibility of the Contractor, and provided in accordance with the latest
revisions of the "Manual on Uniform Traffic Control Devices for Streets and
Highways" (MUTCD), the City of FortCollins "Work Area Traffic Control Handbook",
and the attached revisions of Sections 104 and 630, Traffic and Parking Control and
Traffic Control Devices respectively.
9. WARRANTY
A. Warranty will be for 24 months for all work from date of acceptance by the City.
10. PAYMENT AND PERFORMANCE BONDS
A. Awarded contractor must provide and maintain a $50,000 payment and performance
bond for the length of the contract.
EXHIBIT B
COMPENSATION
1111) SCIIEDULE I - BASE BID (Nm-Fedcral)
Item N�.
Description
Ilnit
Contract
Quantity
Unit Price
Total
202.01
Smvcut Concreldnsplialt (0" < 4")
Lincal Fool
20
S 2.95
S 59.00
202.02
Sasscm CoucretcAspinalt (4" <(i')
Lincal Fool
20
S 3.10
S 62.00
202.03
Sawcut ConcrcteAsphalt (6" < 8")
Lineal fool
20
S 3.45
S 69.00
202.04
Sawcul ConcrucAsphah (8" < 10")
Lineal Foot
20
S 4.71
S 94.20
202.05
Smscm - Additional 1" Dcpdn
Lincal fool
25
S 1.15
S 28.75
-202.06
Rcmovc Concreic Sidewalk
Squarc Foot
2100
S 2.30
S 4.830.00
202.07
Rcmove Concrete Curti & Ginter
Lineal Foot
850
S 3.60
S 3,060.00
202.09
Remove Monolithic Garb, Ginter & Sidewalk
square Fool
1300
S 2.45
S 3,185.00
202.09
Remove Concrete Driveway/Apron/Cicsllan
Square Foot
3000
S 2.55
S 7,650.00
202.10
Remove Conum Pavement - 10"
squall: fool
300
S 3.97
S 1,191.00
202.11
Remove Concrete Pamucln - Additional I" Dcplln
Squarc Irm
100
S 1.50
S 150.00
202.12
Remove Asphalt -6"
Square pool
200
S 2.20
S 440.00
202,13
Remove Asphalt- Additional P Dcpol
Squarc foot
Soo
S 1.25
S 625.00
202.14
Remove Intel
Each
5
S 480.00
S 2.400.00
202.15
Remove and Haul Driveway fillet
Each
5
S 50.00
S 2SO.00
202. 16
Remove flagstone
Square fool
200
S 3.00
S 600.00
203.01
lacavation- General Less 11mo SO CY
Cubic Yard
25
S 45.00
S 1.125.00
203.02
Fzeavation - General Over 50 CY
Cubic Yard
125
S 40.00
S 5,000.00
203.03
F..ccavaliou - Walls Only
Cubic Yard
100
S 11.50
S 1,150.00
203.04
1:'scavalion - New Inlci
Eacll
5
S 405.00
S 2,025.00
203.05
Borrow-I.css than I00Ton
Ton
50
S 27.00
S 1,350.00
203.06
Borrow - Over 100 Ton
Too
125
S 22.00
S 2,750.00
208.01
Stormwatcr Proteciion - Rock Filled Waffle
Lineal Fool
100
S 10.00
S 1.000.00
208.02
Stor muatcr Protection - Recycled Robber filled Mille
Lineal Foot
25
S 15.00
S 375.00
208,03
Sionnwaier Protection - Straw 13dlcs -
Bach
5
S 30.00
S 150.00
210.01
Rcsci Flagstone
Squarc pool
100
S 3.50
S 350.00
210.02
Reset Brick Pavers
Square (root
250
S 9.00
S 2,250.00
210.03
Adjusl Manhole
Bach
10
S 85.00
S 850.00
210.04
Adjusl valve l3os
Bach
t0
S 110.00
S 1,100.00
304.01
Aggregate Base Course/Rccycicd Couc:ele 13nse S 5 Tons
Ton
75
S 27.00
S 2,025.00
30002
Aggregate Base CoursciRecycicd Connell: Base> 5 Tons
Ton
SO
S 30.00
S 1,500.00
304.03
Recycled Asphalt Base
Poll
25
S 25.00
S 625.00
403.01
Temporary Aspliall Patching
"Poll
100
S 170.00
S 17,000.00
601.01
Psloscd Sand Finish- Additional Charge
Square (root
500
S 2.20
S 1,100.00
602.01
Reinforcing Steel
found
250
S 0.70
S 175.00
602.02
Reinforcing Stecl -E osy Coated
Ibund
250
S 1.10
S 275.00
604.01
Install New Area hdcl
Bach
5
S 1,015.00
S 5.075.00
604.02
Area Inlel Addilioual pool Depth
Lincal Irool
5
S 115.00
S 575.00
604.03
Reconstruct Area Inlet Deck - Remove & Replace
I .cli
15
S 1,330.00 i
S G,GS0.00
Item No..
Description
U
Contractnit
Quantity
Writ Price
'Ibtal
604.04
Reconstruct Area Intel Ucck - Additional Fool Opening - Ranovc
& Rcolacc
Lincal 1'001
5
S 117.00
S 585.00
604.05
Reconstruct Catch Basin heck - Remove & Replace
Bach
10
S MOM
S 1,600.00
604.06
Rcconstmcl Catch Basin Ucck - Additional Fool Opcning -
Rcnrove & Reolace
Lincal Pool
10
S 125.00
S 1,250.00
604,07
Install New Cunt Inlet-4'Opcning
I-ach
5
S 1,240.00
S 6,200.00
604.08
Curti 6dct - Additional fool Depth
Lincal Fool
10
S 90.00
S 900,00
604.09
Reconstruct Curb Intel Deck - Remove and Replace
Each
10
S 400.00
S 4,000.00
604.10
Rcconstmct Cud) loICI Deck - Additional Porn Opening-Rcnrove
and Replace
l incal Foot
15
$ 90.00
S 1,350.00
604.11
Install Nov -I) -pc R Inlet - 5' Opening
Each
10
S 3,010.00
S 30,100.00
604,12
'rypc li !nlct- Additional pool Dcp(h
Lincal Fool
Is
S 130.00
S 1,950.00
604.13
Rcconsruci Typc R hdct Deck - Ranovc and Replace
FICll
10
S 485.50
S 4.855.00
604. 14
IieeonArucl'rypc li hilet Deck -Additional Foot Olnening-
Ranovc anti lie )lace
Lincal Fool
10
S 98.00
S 980.00
604.15
Install Ncry ModilicdType l 3Crub lolci(includes new frame,
(irate & Adiustable Cub Bonocl)
Each
5
S 1.180.00
S 5,900.00
604.16
Modi0cd Typc 13 Curb Intel- Additional Pool Depth
Lincal fool
10
S 120.00
S 1,200.00
604.17
Reconstruct Modified'I)gnc 13 Curb Inlet Deck - Rcnrove &
1i Cn!acc
IacI1
6
S 513.00
S 3.078.00
604.18
Reconstruct Modified I'ypc 13 Curb Inlet Deck - Additional 17001
Opening - Removc and Replace
Lincal Foot
10
S 169.25
S 1,69150
604.19
Modilicd Type 13 Cltd) Inlet -Materials only - (Frame, Grate, &
adjustable bonnet(Iasi Jordan Iron Works 7030 or Equivalent
Material)
Each
5
S 620.00
S 3,100.00
604.20
Concrete Sidewalk Chad-4'opening
Each
5
S 410.00
S 2,050.00
604.21
Metal Sidewalk C h,crt - T Opcning, Remove & Replace
Fach
4
S 385.00
S 1,540.00
604.22
Metal Sidewalk Culvcrl - 2' Opcniug, Materials Only
Each
5
S 1,770.00
S 8,850.00
604.23
Additional Square Foot 5/3" I'late
Square 17001
15
S 185.00
S 2,775.00
608.01
Driveover Curb, Goner &.6" Sidewalk
Lincal l°oet
1.200
S 23.00
S 27,600.00
608.02
Driveovcr Curb and Gutter- No Sidewalk
Lincal Foot
525
S 17.00
S 8.925.00
608.03
Vertical Curb, Gutter and 6" Sidcaalk
Lincal Foot
1000
S 24.50
S 24,500.00
608.04
Vertical Cud, and (;utter - No Sidewalk
Lincal Foot
2300
S 19.50
S 44.850.00
608.05
(Jut Fa11 Cub & Guncr
Lincal foot
100
S 16.20
S 1620.00
608.06
1 Wlywood Cub, Goiter and 6" Sitimsalk
Lincal foot
500
S 20.00
S 10,000.00
608.07
Hollywood Curb and (iuuer - No Sidewalk
Lincal Foot
300
S 12.70
S 3,310.00
608.08
I lighback Curb mod Gutter - No Sidmvalk
Lincal root
500
$ 27.00
S 13,500.00
608.09
Barrier Curb -6"x 18"
Lincal foot
100
S 22.00
S 2.200.00
608.10
Barrier Cudr - Key Way Style
Liocnl fool
100
$ 22.00
S 2.200.00
608.11
Barrier Cut - Epoxy
Lincal foot
150
S 18.00
S 2,700.00
60&12
Mountable Curb -12"x 18"
Linealfool
125
S 22.40
S 2,800.00
608.13
Mountable Curb - Keyway Style
Lincal loot
125
S 21.55
S 2,693.75
608.14
Mountable Curb- Epoxy
Lincal Fool
100
S 22.50
S 2,250.00
608.15
Pedestrian Access Ramp
Sgoare foot
750
S 5.45
S 4,087.50
608.16
Pecks rime Access Ramp, I lighback Curb
Square Foot
375
S 6.80
S 2.550.00
608.17
'1'runcalcd Dome Panel
Square Fool
100
S 44.50
S 4.450.00
608.18
Apron - 8"
Square Foot
1450
S 5.50
S 7,975.00
608.19
Crosspan-8"
Square Foot
1200
S 5.50
S G,G00.00
IlaNo.n o.
Description
knit
C.onlrn
Qumlct tily
Unit Price
Total
608.20
Valley Pan - 6"
Square Foot
500
S 6,60
S 3,300.00
608.21
Flahvork - 4"
Square Fool
1.850
S 2.50
S 4,625.00
608.22
Flntwork-6"
Square Foot
3.800
S 3.70
S 14,060.00
608.23
Replace Flaltrork - I" Additional Depth
Square Fool
250
S 0.85
S 212.50
60&24
Concrete Pavement R" (Join(s Scaled)
Square 17001
1,500
S 5.80
S 8,700.00
608.25
Alley Approach - d"
Square Fool
1000
S SAO
S 5,400.00
608.26
Lnhanced Oneswalk - 10" file !tell
Square Foot
450
S 11.00
S 4,950.00
608.27
Follanced Crosswalk - 10" San Diego Buff
Square Foot
450
S 8.90
S 4,005.00
608.28
1{nhanccd Crosswalk - 10" Brick Red, Stamped
Square Fool
450
S 11.20
S 5,040.00
608.29
Colored 'I"rail with Fibcmosh - 5"Yoscimic Bromi
Squarc Foot
400
S 4.90
S 1,960.00
008.30
Mow Strip -4"x 12"
Idncal Pool
150
S 8.80
S 1,320.00
608.31
Splashblock - 4" 1?xposed Aggregate
Squnrc Pool
325
S 6.25
S 2,031.25
008.32
Splasliblock- 4" San Diego Buff
Square pool
350
S 6.55
S 2,292.50
608.33
Median Cover - 4" San Diego Buff
Square Fool
400
S US
S 2,620.00
008.34
Fibcrmcsh - Added to Airy, Item - Additional Charge
POU11rlS /
Cubic Yard
75
S 5.30
S 397.50
608.35
24 Flour I ligh I-arly Coucrcic - Added to Any 11cm -Additional
Charm
Cubic Yard
25
S 16,50
S 412.50
608.36
Stamp Pattern - Added to Any heat, Additional Charge
Square Fool
ISO
S 2.40
S MOM
608.37
6" Concrete Bullard
Fach
5
S I I SM
S 575.00
608.38
8" Concrete Bollard
I acI1
5
S 145.00
S 725.00
608.39
Flowahle Fil)
Cubic Yard
25
S 75.00
S 1.875.00
608.40
Non-rcinforccd Concrete Will , 8"
Square Facc
Foot
400
S 14.00
S 5,600.00
608.41
Non-rcinforccd Concrete Foolcr - 8"
Square Foot
200
S 14.00
S 2,800.00
60842
Concrete Staining/Scaling
Square Foot
150
S 2.90
S 435.00
608.43
I xpaosionand Caulking
Lincal Pool
250
S 4.50
S 1,125.00
608.44
Joint Scalam(Pavemcm)
Lincal 1:001
100
S 2,45
S 245,00
608.45
htigatiou Sleeve
Lineal pool
20
S 2.25
S 45.00
608.46
Dump Fee
'roll .
5
S 45.00
S 225.00
626.01
Mobilization- Invoices Under S500
Lump Sum
25
S 300.00
S 7,500.00
630.01
"NO I'ARKIN(i"Sign With Stand
Per Each Per
Day
Ver Lich Per
Day
]let Each ]let
13)
1'Cr 1'.a6 Per
17ay
Pcr Each Per
Day
Lach Per
1J)
]let Bach Pcrd Day
375
S 1.85
b 693.75
630.02
Vertical panel Without Light
400
S 0.75
S MOM
630.03
C1launclizing B
650
S 0.75
S 487.50
030.04
'Iyllc 1/1! Barricade Without Light
800
S 0.55
S 440M
630,05
1 ypo Ili BaMcadc Without Light
25
S 3.35
S 83.75
630.06
Size A Sign WilliPer
Stand
350
S 1.65
S 577.50
630.07
Sire 13 Sign Willi Stan
S 1.85
S 138.75
630.08
Size A Specialty Sign- Cost of Manufacturing
Each
2
S 65.00
S 130,00
630.09
Size 13 Specially Sign - Cost of Manufacturing
Bach
2
S 74,00
S 148.00
670.10
Cm1c Willi ltct7cctivc Strip
Each Per
17)
3500
S 0.70
S 2,450.00
630.11
Snfcy Patcc
Per Roll Per
Dav
20
S ].70
S 74.o0
Item No.
Description
Unit
Contract
Quantity
Unit Price
Total
630.12
Light
Per Day Per
Per Each PerDaFlashing
Da Y
Per Each PerDay
20
S 0.45
S 9.00
630.17
Advance blamor Sequencing Arrow Panel
IS
S 70.00
S I,050.00
630.I4
Variable Message Board
110
S 132.00
S 14,520.00
630.15
TraRc Control Supervisor
Per Day
25
S 325.00
S 8.125.00
630.16
Traffic Control Supervisor
Hour
450
5 34.70
$ 15.615.00
630.17
Flagging
Flour
650
S 22.00
S 14.300.00
FORCE. ACCOUNT LABOR RATES
FAI
Laborer
Hour
15
S 24.00
S 360.00
FA2
Foreman
Hour
IS
S 3T00
S 555.00
FA3
Finisher
Flour
15
S 35.00
S 525.00
FA4
Form Setter
Hour
15
S 32.00
S 480.00
FAS
Skid Steer
Hour
75
S 85,00
S 6,375.00
FA6
Mini Trackhoe
Hour
15
S 85.00
S 1,275.00
FA7
Dump Thick
Hour
15
$ 70.00
S 1,050.00
FA8
Backhoe
Hour
15
S 85.00
$ 127S 00
BASE BID I TOTAL COST
S 492309.20
BIDSCHEDULE I -BASE BID(writtencoso
Four Hundred Ninety Two Thousand Three Hundred Nine Dollars and
Signed //j� Address
Company Vogel Concrete Inc.
Check One:
Individual Doing Business in Company Name
X Corporation
Partnership
Twenty Cents
6330 South College Ave. Fort Collins, CO. 80525
Phone/Fax 970-484-3880 970.226-2659
I
ItemDescription Dcscrijnn Unit Conti Unit Pricc 'Total
Quantity
BID SCIIEDIILE 2 - FEDERAL REQI11REMEN"1'S N'I.1.11 DAMS BACON
Item No.
DescriptionContract
Ihtit
Quantity
Mil Price
'Total
202.01
ISawc o CoocrcicAsphall (0" < 4")
Lineal 17001
10
S 3.00
S 30.00
202.02
ISaacul ConcrcicNspllall 4"<6"
Lincal Fool
10
S 3.20
S 32.00
202.03
ISawcul CoucrcteAsphalt 6'<8"
Lineal Foot
10
S 3.55
S 35.50
202.04
ISan•nll ConttcicNspllall 8" < 10"
Lineal 17001
10
S 4.80
S 48.00
202.05
ISaugd- Additional I" Depth
Lineal Foot
10
S 1.15
S 11.50
202,06
IRcmovc Concrete Sidcssalk
Square Foot
100
S 2.35
S 235.00
202.07
IRcnwec Concrete Curl and Gutler
Lineal Foot
100
S 3.65
$ 365.00
202.08
IRcmovc Monolithic Curb, Guucr &, Sidewalk
Square fool
100
S 2.50
S 250.00
202.09
Ilictaove Concrete Driveway/Apro1✓Crosspan
Square Foot
100
S 2.60
S 260,00
202.10
Ilicnwve Concrete l;avcmenl-10"
Square Fool
Soo
S 4.05
S 2,025.00
202.11
41ian0ve Concrete Pavement - Additional I"Dcp1h
Square Fool
100
S 1.55
S 155.00
202,12
(Remove Asphalt -6'
Square fool
100
S 2.25
S 225.00
202.13
IRcnmve Asphalt - Additional I" Dcplh
Square Fool
100
S 1.25
S 125.00
202.14
IRcmovc Inlcl
I''aCII
I
S 490.00
S 490.00
202.15
IRcmovc and I InuI Driveway FiIlei
Each
I
$ 50.00
S 50.00
20116
IRcmovc Ilagslonc
Square Foot
50
S 3.00
S 150.00
203.01
Ildxcaaation - General Less Than 50 CY
Cubic Yard
25
S 45.00
S 1,125.00
203.02
IFscavatimt- General Over 50 CY
Cubic Yard
100
S 40.00
S 4,000.00
203.03
IF,m,ation - Walls Only
Ctbic Yard
25
S 11.50
S 287.50
203.04
1FNcavation - New Inlc1
Each
I
S 420.00
S 420.00
203.05
113orr0w -Less lhxu 100 Toll
Ton
25
S 27.00
S 675.00
203.06
I13orrow- Over Io0'ron
Ton
100
S 22.00
S 2.200.00
208.01 ISlornmiter
I'rolcc11on - Rock Filled Wattle
I.Itical 1:001
25
S 10.00
S 250.00
208.02 ISlorutssaler
1'rotoctioo - Recycled Rubhc( Pillcd Walk
Lineal Foot
25
S 15.00
S 375.00
208.03 IS,
ormamlet Protection - Straw Bales
Each
25
S 30.00
S 750.00
210.01 IResc1
Flagstone
Square Foot
50
S 3.50
S 175.00
210.02 (Reset
Brick Pavers
Square Foot
250
S 9.00
S 2,250.00
210.03 IAdjusl
Manlmlc
Each
I
S 90.00
S 90.00
210.04 IA(Ijttst
Valve Box
I':ach
1
S 115.00
S I I SM
304.01 (Aggregate
Base Coarse/Recycled Concrete Base s 5 Tons
1,011
5
$ 27.00
S 135.00
304.02 IA
WCgatc Base Courie/Recycicd Concrete Base > 5 roll[
roll
50
S 30.00
5 1 $00.00
304.03 (Recycled
Asphalt Base
'I411
10
S 25.00
S 250.00
403.01 I7cmponp•
Asphalt Patching
Ton
20
$ 170.00
S 3,400.00
601.01 Ilsposed
Sand Finish - Additional Charge
Square Foot
Soo
$ 2.20
S 1.100.00
602.01 I12cinf
wing Steel
Pound
ISO
S 0.75
S 112.50
602.02 IRcinforcing
Steel -I?posy Coated
Pound
150
S LIS
S 172.50
604.01 Ihlslall
Net, Area Inlet
Each
I
S 1,025.00
S 1,025.00
604.02 1Arca
Intel- Additional Fool Depth
Lineal Fool
5
S 115.00
S 575.00
Item No.
Pczcription
IEnif
C
Quoal Tact antity
I;nir Price
'1'clal
604.03
Rcconstmet Area Inlet Deck -- Remove & Replace I
Bach
I
S 1,370.00
S 1,370.00
604.04
Reconstruct Area Inlet Deck - Additional fool Olening - Remove I
& Rcplacc
Lineal fool
5
S 11 TOO
S 585.00
604.05
Rcconslrucl Catch Basin Deck - Remove & Replace I
Bach
I
S 180.00-
S 180.00
604.06
Reconslrlxl Catch Rasio Deck- Additional fool Opening- I
Remove & Rcplacc
I-iilcal 1:001
5
S 125.00
S 625.00
604.07
_
Install New Cu, Inlet -4' Opening '
Each
1
S 1,240.00
S 1,240.00
604.08
`Curb lidel -- Addilional Pool Depth }
Lincal Pool
5
S 90.00
S 450.00
604.09
Rcconslrucl Curb Inlet Deck - Remove and Replace I
Each
I
S 420.00
S 420.00
G04.10
Rcconslrucl Curb hdcl Deck - Additional Pool Opening- Remove I
and Rcplacc
` unreal fool
5
S 90.00
S 450.00
60-1.11 Ilnslall
Nc,v'I'ypc R hdct - 5' Opcning
Bach
I
S 3,10000
S 3.200.00
604.12
Type R hdcl - Additional Pool Depth
Lineal 1'001
Lineal
5
b 130.00
S 650.00
604.13
Rcconslrucl Type R Intel Deck - Remove and Replace
1
S 550.00
S 550.00
604.14
Reconstruct l'ype R Inlet Deck - Additional fool Opening--
Remove mud It cola
I Lineal 1'001,
5
S 9&00
S 490.00
604.15
I Install New Modificd'I)ye 13 Curb Inlet (includes new Frame'
(irate & AdGuselble Curt 13onncl)
Each
1
S 020.00
.S 1,220.00
604.16
IModificd Tyl,c 13 Cub Inlct - Addilional Pool Depth
I Lineal Pool
5
S 120.00
S 600.00
604.17
Rcconslrucl Modified Typc 13 Curb lulcl Deck - Remove &
zcolacc
I hack
1
S 540,00
S 540.00
604.18
Recousinuct Modified'l'ypc 13 Curb Inlet Deck -- Addilional Pool
O enin - Rcmovc and Rc lace
Lineal fool
5
b 169.25
S R4G.2S
604. 19
adjuslable bonnet (Bast Jordan Iron Works 7030 or Egnivalcnl
Each
2
S 620.00
S 1,240.00
604.20
Concrete Sidewalk Culvert -4' ol,uuing
Bach
I
S 410.00
S 410.00
604.21
IMetal Sidewalk Culvcn - TOpcning, Rcmovc & Replace
Each
I
S 385.00
S 385.00
604.22
IMetal Sidewalk Culvert - 2' Opci iug, Materials (hdy
I Hach
I
S 1,770,00
S 1,770.00
604.23
IAddiliolal Square Pool 5/8" I'lale
I Square Pool
5
S 185.00
S 925.00
608.01
IDrivcovcr Cob, Guucr & G" Sidewalk
I I -meal hoo
150
S 23.00
S 3,450.00
608.02
IUrivcovcr Curt and Gutler - No Sidewalk
I Lincnl Foot
25
S 17.00
S 425.00 i
608.03
IV,,tical Curb, Guucrand 5" Sidewalk
I Lincal hoof
50
S 25.50
S 1,275.00 1
608,04
IV,nical Cud, nd(iuller - No Sidewalk
I Lincnl 1:001
50
S 21,00
S 1,050.00
608.05
IOul Pall Curb & Oui cr
I Lincal Fool
25
S 13.00
S 450.00
608.06
11 lollywood Cob. Guucr and 6" Sidewalk
I Lineal Foot
25
S 20.00
S 500.00
608.07
11 I.Ilywoad Cud, and Guucr - No Sidewalk
I Lincal Pool
25
S 12.70
S 317.50
608.08
Illighback Curb and Griller - No Sidctvalk
I Lincal 17001
So
S 27.80
S 1,390.00
608.09
Il3arricr Cud, -6"x 18"
I Lincal pool
25
S 22.00
S 550.00
608,10
Il3arricr Curb - Key Way Slylc
I Liltcal 1'001
25
S 22.50
S 562.50
608.11
I13arrie, Curl - lipoxy
1 Lllleal 1'001
25
S 19.00
S 475.00
608.12
IMOuntablc Cud, - 12" .x 18"
I Lineal pool
25
S 24.00
S 600.00
608.13
IMountablc Cur, - Keyway Sry4c
, I. Ilcal Ir001
25
S 25.00
S 625.00
608.14
IMomnablc Curb --Epoxy
I Lincal 1'001
25
S 25.50
S 63T50I
609.15
IPcdcstnan Access Iianlp
I Square Foot
300
S 5.55
S 1,665.00
609.16
IPedcstrimu Access 101111), 1lighback Curb
I Square fool
50
S 6.90
S 345.00
608.17
1.I'ruucaued Dome Panel
I Square 1:001
25
S 45.00
S 1,125.00
608.18
IAprou - 8"
I Square Pool
20
S 5.75
S I15.00
608.19
iCrosspan - 8"
I Square root
20
S 5.75
S 115.00 '.
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence June 15, 2012 and shall
continue in full force and effect until June 14, 2013, 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 four (4) 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 90
days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
Item No.
DescrGlllw
Unit
Contract
Quantity
Unit Price
Total
608.20
Valley P-as - 6"
Square Pool
20
S 6,60
S 132.00
608.21
lgmwork - 4"
Square Foot
25
b 2.60
S 65.00
608.22
Flatwork - 6'
Squarc Fool
100
b 3.90
S 390.00
608.23 _
Rcplacc Flalwork - I"Additional Depth
Square Fool
960
S 0,85
S 816.00
608.24
Concrete Pavensm 8" (Joints Scaled)
Square Fool
500
S 6.10
S 3,050.00
608.25
Alley Approach - 8"
Square Fool
25
S 5.40
S 135.00
608.26
Enhanced Crosswalk-I0"hic Ned
Square Fool
25
S 11.00
S 275.00
603.27
Fli ianced CrOssmlk - 10" San Dicgo Buff
Square Fool
25
S 8.90
S _ 222.50
608.28
Iuhanced Crosswalk - 10" Brick Red, Slamired
Square Porn
25
S 11.20
S 280.00
608.29
Colored'I'rail will, Fibermcsh -5" Yosemite Brown
Squarc Pool
25
S 5.15
$ 128.75
608.30 v
Mow Strip-4" s 12"
Lineal Fool
25
S 8.80
S 220.00
608.31
Splashhlock - 4" Exposed Aegregale
Square port;
25
S 625
S 156.251
608.32
Splashblock - 4" San Diego Buff
Square pool
25
_
S 6.55
S IGJ.75
608.33
Mcdian Cover- 4" San Diego Buff
Square Foot
25
S 6.55
S 163.75
608.34
filrenicsh - Added to Any Item- Additional Charge
110111nds1
25
S 5.30
S 132.50E
Cubic Yard
G08.35
24 I lour I-ligh Early Concrete - Added to Any Item - Additional
Cubic Yard
20
S 18.00
b 3160.00
608.36
Stamp l'a0cm-Added to Any Item, Additional Charge
Sguarcfoot
25
S 2.40
S G0.00
608,37
G" Concrete Bollard
Bach
5
S I I5.00
b 575.00
608.38
8' Concrete Bollard
Each
5
S 145.00
S 725.00
608.39
Plostablc pill
Cubic Yard
25
S 80.00
S 2,000.00
608.40
Non-rciul'orced Concrete Wall-8"
Square
25
S 14.00
S 350.00
Foott
608.41
Non -reinforced Concrete Footcr - 8"
Square foot
25
$ 14.00
S 350.00
608.42
Concrete StainingiScaling
Square Fool
25
S 2.90
S 72.50 E
608A3
Bylansion and Caulking
Lineal 1:001
50
S 4.75
S 23Z50 `
608.44
.loin Sealant (Pavement)
Lincal pool
50
S 2.55
S 127.50
608.45
Irrigation Sleeve
Lineal Fool
25
S 2.25
S 56.25
608.46
Dump Fee
Toll
25
b 50.00
S 1,250.00 E
626.01
Mobilization- Invoices Under S500
LumpS um
5
$ 300,00
$ 1,500.00�
630,01
"NO PARKING' Sign Willi Stand
Per Day Per
liacll
25
S 1.85
S 46.25 E
630.02
Vertical Panel Wilhoul Light
Pcr Day Per
25
b 0.75
S 18.75
FacIt
630,03
Clummelizing Barrels
Pcr Day Per
25
S 0.85
I
S 2 L25
1{ath
630.04
Type 1/11 Barrinde Without Light
Per Day Per
25
S 0.55
II
S 13.75
-"act
630,05
l'ype III Barricade Without Light
per Day Pet
10
S 3.40
S 34.00
1'acli
630.06
Size A Sign Will, Stand
Per Day Per
10
S 1.60
S IG.00
Pack
630.07
Size 13 Sign Willi Stand
Pcr Day Per
10
b 2.05
S 20.50
1"1ch
111
630.08
Size A Specially Sign - COSI of M4nufacnunlg
I::ach
2
S 63.00
S 126.00 I
630.09
Sim 13 Specially Sign - Cost oI Manufacturing
Bach
2
S 74.00
b 148.00
610.10
Colre With RtllcaStrip
Per Day Pcrirc
100
S 0.75
S 75.00
1-:acll
630.11
Safety fence
leer Roll Pe,
5
S 3.15
S 15.75
Day
ItemNo.
Description
Unit
tem
Quantity
Unit Price
l'atnl
630.12
Light
Per Day Per
Each
25
S 0.45
S 11.25
630.13
Advance Warning flashing or Sequencing Arrow Panel
Per Day Per
Each
10
S 75,00
S 750.00
630.14
Variable Message Board
Per Day Per
Each
10
S 130.00
S 1,300.00
630.15
Traffic Control Supervisor
Per Day
5
S 375.00
S 1,875.00
630.16
Traffic Control Supervisor
Ilour
25
S 38.00
S 950.00
630.17
Flagging
Flour
25
S 25.00
S 625.00
FORCE ACCOUNT LABOR RATES
FAI
Laborer
Hour
20
S 28.50
S 570.00
FA2
Foreman
Hour
20
S 45.00
S 900.00
FA3
Finisher
Hour
20
S 41,00
S 820.00
FA4
Form Setter
Flour
20
S 38.00
S 760.00
FAS
Skid Steer
Hour
20
S 80.00
S 1.600.00
FA6
Mini Trackhoc
Hour
20
S 90.00
S I.800.00
FA7
Dump Truck
Hour
20
S 85,00
S 1,70000
FA8
Backhoe
Hour
20
S 90.00
$ 1800.00
TOTAL COST 'I"OTAL COST S 89,279.00
BID SCHEDULE 2 -FEDERAL REQUIREMENTS (wriucn cost)
Eighty Nine Thousand Two Hundred Seventy Nine
Signed
Company Vogel Concrete Inc,
Check One:
Individua: Doug Business in Company Name
X Corporation
Partnership
Dollars and Zero Cents
Address 6330 South College Ave. Fort Collins, CO. 80525
Phonc/Fax 970-484-3880 970-226-2657
I
EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this
bid, the Service Provider shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after
ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Service Provider's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
EXHIBIT D
DAVIS BACON WAGE RATES
General Decision Number: C0120024 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
ENG10009-012 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
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
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....................
$ 2T68
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
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....................
Mesa .......................
Weld .......................
$ 19.14
4.99
$ 15.96
5.27
$ 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.
Survey wage rates will remain in effect and will not change until a new survey is
conducted.
MITI[erMi1:1111C1:M1NF.Awi701I_\zJUy_1IRE N ' 6I41=1 V
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
notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Service Provider:
Vogel Concrete Inc.
Attn: Jeff Hubbard
6330 S College Ave
Fort Collins, CO 80525
City
City of Fort Collins
Attn: Darren Moritz
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the termination date, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting
of eight (8) pages, and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the
City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such work.
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
EXHIBIT E
FEDERAL CONTRACT REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................29
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS..........................................................................................................................................
29
3.
ACCESS TO RECORDS AND REPORTS.........................................................................29
4.
FEDERAL CHANGES........................................................................................................30
5.
TERMINATION...................................................................................................................31
6.
CIVIL RIGHTS REQUIREMENTS.......................................................................................32
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE).......................................................33
8.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .............34
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......34
10.
BUY AMERICA...................................................................................................................35
11.
BREACHES AND DISPUTE RESOLUTION......................................................................36
12.
LOBBYING.........................................................................................................................37
13.
CLEAN AIR.........................................................................................................................38
14.
CLEAN WATER REQUIREMENTS...............................................!....................................39
15.
CARGO PREFERENCE REQUIREMENTS.......................................................................39
16.
FLY AMERICA REQUIREMENTS......................................................................................39
17.
DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS.............................................39
18.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT......................................46
19.
ENERGY CONSERVATION REQUIREMENTS.................................................................47
20.
RECYCLED PRODUCTS...................................................................................................47
21.
ADA Access.......................................................................................................................48
22.
CITY OF FORT COLLINS BID PROTEST PROCEDURES...............................................48
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 seg. 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
contractor 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
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Operational'
Turnkey .•
Construction
'Architectural `
'.Acquisition
` Professional Services .
Characteristics
Service ,
Engineering
' of Rolling
Contract
Stock `;
I State Grantees
None
Those
None
None
None
None
a. Contracts below SAT
imposed on
($100,000)
state pass thru
None
to Contractor
Yes, if non-
None unless
None unless
None unless non-
b. Contracts above
unless'
competitive
non-
non-
competitive award
$100,000/Capital
non-
award or if
competitive
competitive
Projects
competitive
funded thru2
award
award
award
5307/5309/53
11
II Non State Grantees
Those
a. Contracts below SAT
-
Yes
imposed on
Yes
Yes
Yes
Yes
($100,000)
non -state
b. Contracts above
Yes
Grantee pass
Yes
Yes
Yes
Yes
$100,000/Capital
thru to
Projects
Contractor
Sources of Authority: 149 USC 5325 (a) Z 49 CFR 633.17 318 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
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.
d. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within the time
specified in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City may terminate this
contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. In this event, the Recipient may take over the work and
compete it by contract or otherwise, and may take possession of and use any materials, appliances,
and plant on the work site necessary for completing the work. The Contractor and its sureties shall
be liable for any damage to the Recipient resulting from the Contractor's refusal or failure, to
complete the work within specified time, whether or not the Contractor's right to proceed with the
work is terminated. This liability includes any increased costs incurred by the Recipient in
completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages
under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the City
in writing of the causes of delay. If in the judgment of the City, the delay is
excusable, the time for completing the work shall be extended. The judgment of the
City shall be final and conclusive on the parties, but subject to appeal under the
Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not
in default, or that the delay was excusable, the rights and obligations of the parties will be the same
as if the termination had been issued for the convenience of the Recipient.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race. Color, Creed: National Orioin. 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) Aye - 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 goal has not been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by
the contractor to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as City of Fort Collins
deems appropriate. Each subcontract the contractor signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
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 contractors
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.
e. 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 4220.1 E, 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."
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. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must be rejected
as nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)
and the applicable regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Certification requirement for procurement of buses, other rolling stock and associated
equipment
Certificate of Compliance with 49 U.S.C. 53236)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
11. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City's [title of
employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to
be heard and to offer evidence in support of its position. The decision of the [title of employee] shall
be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others for
whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other
party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the City and the Contractor arising out of or relating to this agreement
or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent
jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available bylaw. No action or failure to act
by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
12. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act
of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of
1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which
provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR
Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or
bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered
by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000) -
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays,
expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
12. 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.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section
10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if
any.
Signature of Contractor's Authorized Official
a
Name and Title of Contractor's Authorized Official
Date
13. CLEAN AIR
Clean Air—
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec . The Contractor agrees
to report each violation to the Purchaser and understands and agrees that the Purchaser will, in
turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seg. The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
15. 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.
16. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with
the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air
carriers for U.S Government -financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air carrier is a
matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air
carrierwas used, an appropriate certification or memorandum adequately explaining why service by
a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and
shall, in any event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
17. 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.
(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 underthis 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.
(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 orwill 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
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:.
(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 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.
(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.
18. 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 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.
19. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
20. RECYCLED PRODUCTS
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 whetherthe 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.
15. 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.
16. 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.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the
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.
21. 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.
22. 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(cDfcgov.com or calling 970-221-6775.
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representative, successors and assigns of said parties.
18. 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
"C", consisting of one (1) pages, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliverto 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.
19. 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.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
21. 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.
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.
22. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit D — Davis Bacon Wage Rates,
consisting of seven (7) pages, and Exhibit E — Federal Contract Requirements, consisting of .
twenty-one (21) pages, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
.1 es B. O'Neill II, CPPO
ector of Purchasing and Risk Management
Date: �' �(� t
VOGEL CONCRETE INC.
By:
Print Name
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Corporate President
or Vice President
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