HomeMy WebLinkAboutBID - 7426 TRANSFORT MAINTENANCE FACILITY EXPANSION (2)ADDENDUM No. 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7426: Transfort Maintenance Facility Expansion
OPENING DATE: 3:00 PM (Our Clock) September 14, 2012
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
1. The opening date has been changed to September 14, 2012 at 3:00 PM (our
clock)
2. The City of Ft Collins will assign the Transfort Facility Video Security System to
the awarded contractor. It will be the contractor’s responsibility to work with BW
Systems, the Facility Video System contractor, just like a sub-contractor. The
agreement between the City and BW Systems and the Assignment of Agreement
are attached for review.
3. Also included is a revised bid form that includes the estimated cost of the Facility
Video Security System.
4. Additional Information
Exhibit 1 – Revised Bid Form
Exhibit 2 - Questions & Answers
Exhibit 3 – Changes to the Specifications and Drawings
Exhibit 4 – Transfort Facility Video Security System Agreement & Assignment of
Agreement
Exhibit 5 – Soils Report
Exhibit 6 – Platform Detail Drawing
Exhibit 7 – Structural Drawing Revisions
Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with
any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS
ADDENDUM HAS BEEN RECEIVED.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
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EXHIBIT 1 – REVISED BID FORM
SECTION 00300
BID FORM
PROJECT: 7426 Transfort Maintenace Facility Expansion
Place:
Date:
1. In compliance with your Invitation to Bid dated , 20 and subject to
all conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of
Colorado hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed on the following Bid
Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment Bonds is as
follows: .
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through
.
8. BID SCHEDULE (Base Bid)
TRANSFORT FACILITY VIDEO SECURITY SYSTEM $ 36,848.00
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LUMP SUM BASE BID $
TOTAL BASE BID $
IN WORDS:
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
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EXHIBIT 2 – QUESTIONS & ANSWERS
1. Specification Section 05120 – Is it a requirement of this specification section that
the structural steel fabricate has to be AISC Certified or is it acceptable for them
to fabricate in accordance with the AISC requirements?
Response: Welders with 5 years minimum experience and welding in
accordance with AISC requirements is acceptable.
2. Is dampproofing required? If so please provide a specification.
Response: Damproofing is not required.
3. Is rigid insulation required? If so please provide a specification.
Response: Specifications were included in the bid documents for the rigid
insulation required on the project.
4. The spacing for the interior controls joints on the drawings (sheet S1.3) is larger
than what is specified in section 07900. What should we follow?
Response: Follow the joint spacing on the drawings.
5. Are we required to caulk all the control joints in the concrete paving?
Response: Contraction/control joints onsite do not require to be
sealed/caulked. Expansion joints shall be sealed with polyurethane joint sealant
(½” deep x ½” wide)
6. What is the spacing for the control joints for the site paving? Division 03300
refers us to section 02515. This section does not state a dimension.
Response: Contraction/control joints to be placed with a maximum interval
spacing of 15’. Expansion joints to be placed every 100’ maximum and
wherever sidewalk/pavement abuts existing and proposed concrete structures
and sealed with polyurethane joint sealant (½” deep x ½” wide)
7. Sheet S5.2, detail G & H calls out helical anchors. Please provide a
specification.
Response: Please see specification below.
8. Sheet S1.3 calls for lime stabilized sub-grade. Please provide a specification for
the stabilization.
Response: Please see Appendix 'C' of the soils report
9. Sheet C0.0 Overall General Notes, item 10 references a soils report of April 20,
2010. Is this note referencing the incorrect soil report?
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Response: The reference date should be corrected. The original soils report is
dated April 29, 2010 with the updated soils report dated March 31, 2011.
10. Please clarify that all sub-grade prep and soil stabilization for both the sitework
and building slabs should follow Appendix B & C in the back of the sols report.
Response: All sub grade prep and soil stabilization is to follow the
recommendations from the soils report unless noted otherwise.
11. The Summary Logs of Exploratory Borings page of the soils report references
another CTL Thompson report, Project no. FC05169-125, which contains
information regarding borings TH-1 through TH-5. Can we get a copy of this
report?
Response: Attached as Exhibit 3.
12. What are the depths of the two pits that we need to fill in with flow fill and cap?
Response: 8'-0"
13. Will a sand/oil interceptor be required as part of the waste system that picks up
the floor drains and runs out to the detention pond?
Response: No.
14. Specification Section 01022 – Unit Prices requests unit prices for overruns and
underruns of drilled piers, seed mix, imported structural fill material, and
reinforced concrete paving for bus access drives and training area; however the
Bid Form provided does not include a location for unit prices. Please clarify if
these unit prices are to be omitted or if a new Bid Form is to be issued to include
unit prices.
Response: No Unit Prices will be required.
15. Per Specification Section 02230 – Drilled Piers, paragraph 2.02.A, a one-piece
Sonotube is to be used as a caisson liner. Per the Geotechnical Investigation
provided by CTL Thompson and Plan Note #4 on S1.2 drilled piers should have a
minimum length of 32 feet, plus bedrock penetration. However, the maximum
continuous length Sonotube offers is 20 feet. Please clarify if multiple pieces can
be used to achieve the full length of the caisson or if it is acceptable to use the
Sonotube liner for the top 20 feet of the caissons only.
Response: The caisson shafts do not need to be lined. Shaft construction shall
be according to the geotechnical report.
16. Per Chassis Foundation Plan S1.1 and Garage Slab Plan S1.3 the new concrete
slab on grade is to be 7” thick, however Hammerhead details B/S1.1 shows a 5”
concrete slab. Please clarify the thickness of the new concrete slab at the
Chassis Wash Expansion and Garage Addition.
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Response: The slab shall be 7” thick.
17. S1.4 has a note that says L3-1/2x3-1/2x1//4 typical at Grid A. Is this typical all
four sides? Detail I/S5.3 shows the typical angle as L3x3x1/4. Which is correct?
Response: The angle should be L3x3x ¼ and it is continuous along grids 1, 5
and A. It is not required on Grid E.
18. Is CDOT form #714 due at the time of bid or can this be submitted post-bid pre-
award? It will be difficult if not impossible to complete and submit an accurate
CDOT 714 form at the time of the bid.
Response: CDOT Form #714 will be due with the bid with a list of all DBE sub-
contractors to be used. Low responsive, responsible contractor must provide a
complete and final 714 prior to contract award with the addition of all non DBE
subcontractors and there total cost.
19. Note 12 on C1.0 indices that the sewer lines need to be cleaned after
construction, is this going to be a requirement?
Response: This reference does not exist in the location described. As long as
we are not touching the sanitary sewer, it should not have to be cleaned. If the
storm sewer lines have debris in them after construction, that debris will need to
be removed prior to acceptance.
20. Can you clarify the extent of tree pruning that is required?
Response: Tree pruning is not required for the project.
21. Can you clarify the extent of the pre-cast patching that will be required that is
noted on A4.1?
Response: Keynote P24 describes a chip approx. 6"x6"x2" located at the top
band of an existing precast panel that is to be patched. This band is smooth and
does not have the heavy exposed aggregate. Keynote P27 describes in filling the
gap that will remain between the new and existing precast panels at the reveal in
the existing panel. This patch will also be smooth without the heavy exposed
aggregate.
22. Can you clarify what material is required for the new railing to match existing -
A4.1 Value P8?
Response: The existing channel that spans between the pipe bollards is a steel
channel that is approx. 15" deep. This channel will be painted.
23. Door type elevations are both labeled ‘A’. Should one be “B”?
Response: Yes. The door on the right should be labeled 'B'.
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24. Door 14 is called to be an OH door per note P38 on A1.2. In the door schedule
the frame is listed as a stl frame and the door type is A. Please clarify.
Response: See note above. Door 14 is an overhead door and will have a stl.
frame as detailed on the typical over 5/A7.2
25. Please provide the Davis Bacon Wage Rate sheets that pertain to this project.
Response: Provided on pages 138-141 of the Bid document.
26. Specification section 16130, 3.1, B, 2 - states exposed and subject to severe
physical damage: GRC or IMC. Is there hieght requirement that goes with this
i.e. anything below 8’. It would seem to me that much of the electrical work at
higher areas would not require the GRC or IMC.
Response: GRC or IMC shall not be required for surface routing in the garage
area, EMT shall be acceptable. GRC shall be utilized at the fuel station, no
exceptions. Any sweep from below grade to transition to above grade may be
EMT if continuing to EMT above grade.
27. Specification section 16130, 3.1, B, 5 – states damp or wet locations: GRC. Is
the Chassis Wash Addition the only area that is considered damp or wet?
Response: GRC shall be required at the Chassis Wash – it is the only interior
construction area considered wet or damp. Any exterior shall be considered wet
and shall require GRC.
28. Sheet C2.0 calls out for a “fire lane-no parking” on the north side and east side of
the building. Do you want these curbs painted red? If so provide the limits of the
locations.
Response: The curbs are not painted red.
29. Is there any other pavement striping associated with this project? If so please
identify
Response: No site pavement striping included within this scope. Pavement
striping will be installed by Owner.
30. What are the lines on the concrete pavement indicating? See attached PDF.
Response: The lines are for Transfort reference for training area striping. No
site pavement striping included within this scope. Pavement striping will be
installed by Owner.
31. Can you provide a specification for the parking signage?
Response: Reference Note 2 on sheet C2.0 and Note 6 on sheet
C3.0. Contractor to submit signage details to Owner for approval prior to
construction.
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32. What is the thickness of the existing slab?
Response: 9”.
33. Are all interior bollards 6”?
Response: Yes. 6" interior bollards to match details 5 and 9 on A7.2 are to be
added to both sides of the interior overhead door between the existing garage
and the Garage Addition. Cut and patch (E) slab as required for installation of
new bollards.
34. Spec Section 01022 calls for a series of unit prices. The bid form does not
provide for unit prices. Please provide a bid form for the unit prices. Please keep
in mind, that we should price each diameter size caisson separately for both over
and under.
Response: No Unit Prices will be required.
35. Is the concrete thickness for the paving unit price 7”?
Response: No Unit Prices will be required.
36. Spec Section 07536 and Spec. Section 06160, 2.01, C, 1 – Per the roofing
manufacturer Dens-guard Glass mat is the wrong product for this application due
to the fact that the bonding adhesive will deteriorate the facing on the board. The
correct product for this application (according to a roofing contractor) is Dens-
deck sheathing. Please clarify.
Response: In vertical parapet wall applications the product to be used is
DensDeck Prime. See below for corrections to the specifications.
37. Per Specification Section 02515 3.06.B.1. is all exterior concrete paving to be 9"?
Response: Yes.
38. Is Fiber Reinforcing @ 1-1/2 lbs/CY the only reinforcing required at the exterior
concrete paving?
Response: Site Concrete to be reinforced with No. 4 rebar 18” O.C. each way
Contraction/control joints to be placed with a maximum interval spacing of 15’.
Expansion joints to be placed every 100’ maximum and wherever
sidewalk/pavement abuts existing and proposed concrete structures and sealed
with polyurethane joint sealant (½” deep x ½” wide)
39. Please clarify the thickness and reinforcing requirements for the Slab-On-Grade
@ the Garage Addition, in addition to the 1-1/2 lbs/CY fiber reinfocing.
* S1.3 indicates 7" slab over 12" lime stabilized over 12" moisture conditioned
with #4 @ 8" oc at garage doors, #4 x 4' @ re-entrant corners and 2-#4 parallel
to OH door Thresholds.
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* S5.1 Detail H indicates 7" Slab with #4 @ 12" ocew along grid A
* S5.1 Detail G indicates #4 @ 18"
* S5.1 Detail A & F appear to indicate WWF
* Keynote F1 on A1.2 indicates a 6" Slab On Grade
Response: Detail G/S5.1 incorrectly depicts # 4 @ 18”. It should be #4 @ 12”.
In general, the slab shall be 7” thick with #4 @ 12” E.W. and 1-1/2 lbs/cy fiber
reinforcing. Provide #4 @ 8” hook bar with 20’ horizontal leg at garage doors
and 2-#4 parallel to overhead door thresholds. Provide #4x4’ at re-entrant
corners.
40. Specification Section 07190(vapor barrier) referenced in Specification
Section 03300 2.08.B is missing. Please Clarify requirements
Response: A vapor barrier is not required for this project, remove the reference
as described below in the Specifications section.
41. Please clarify construction of the 14" h platform/BRT Station. Will this require
any footings/foundations?
Response: Please see drawing in ATTACHMENTS labeled 'platform detail.pdf'
for details of the platform construction.
42. Are Unit Prices (Specification Section 01022) to be provided with the bid form?
Response: No Unit Prices will be required.
43. After reviewing the documents for this project, I would like to know if the precast
walls are to be 11" or 12" thick. I think existing is 11" but there are some
discrepancies in the drawings, showing both 11" and 12" callouts.
Response: All new precast walls are to be 12" thick.
44. Can someone give a definition of a canopy slab? This term is used in the soils
report
Response: 'Canopy Slab' refers to the slab in the Garage Addition as this
portion of the building was at one time an open-air canopy.
45. Appendix B of the soils report is a "Sample site grading specifications" Is this to
be followed as a specification for the project?
Response: Yes.
46. Are we to strip the 20 foot emergency access alignment or is this just on the
drawings for information?
Response: Information only.
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EXHIBIT 3 – REVISIONS TO THE SPECIFICATIONS AND DRAWINGS
SPECIFICATIONS
SECTION >>>> DRILLED HELICAL ANCHORS:
A. HELICAL SHAFT SHALL CONSIST OF ROUND CORNER SOLID SQUARE
BAR IN CONFORMANCE WITH ASTM A576.,
B. LEAD SECTIONS SHALL HAVE A 45 DEGREE BEVEL TO AID IN STARTING
THE ANCHOR. THE OTHER END SHALL HAVE ONE OR MORE HOLES TO
ATTACH EXTENSION SECTIONS. BOTH ENDS OF EXTENSIONS SHALL
HAVE TWO 1|A"~O HOLES FOR ATTACHMENTS 1"~O ATTACHMENT
HARDWARE PER MANUFACTURERS RECOMMENDATIONS.
C. ROUND STEEL PLATE ANCHORS SHALL BE ASTM A572 WITH A 3" HELICAL
PITCH ON THE CIRCUMFERENCE.
D. HELICAL ANCHORS AND HARDWARE SHALL BE SUPPLIED WITH HOT
DIPPED ZINC GALVANIZED CORROSION PROTECTION PER ASTM A123
GRADE 75.
E. HELICAL PIERS SHALL BE DESIGNED BY A COLORADO PROFESSIONAL
ENGINEER FOR THE LOADS INDICATED. . SIGNED AND SEALED
CALCULATIONS AND SHOP DRAWINGS SHALL BE SUBMITTED FOR
APPROVAL A MINIMUM OF 2 WEEKS PRIOR TO CONSTRUCTION.
SECTION 1030 ALTERNATES: Delete this section as it does not apply to this project.
SECTION 15850 HEATING AND VENTILATING:
Part 6: Add Ruskin # CDTI-50BF – as an approved equal for dampers.
Part 10: Add Ruskin to the list of acceptable manufacturers.
Insulated Damper: United Enertech Dampers (CD-100) – Approved for Bidding.
The damper suggested for prior approval does not meet the specification as it is
not an insulated damper.
EF-1: Soler and Palau Fans (L2E) – Approved for Bidding.
SECTION 03300 CAST-IN-PLACE CONCRETE:
Part 2.08 B - Remove reference to a vapor barrier.
SECTION 06160 EXTERIOR GLASS MAT GYPSUM SHEATHING:
Part 2.01 B. - Replace DensDeck DuraGuard Fireguard Roof Board with
DensDeck Prime Roof Cover Board
Part 2.01 C. 1. - Replace DensGuard Glass Mat Panels with DensDeck
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SECTION 7220 ROOF AND DECK INSULATION:
Part 2.03 A. 2 - Replace DensGuard Glass Mat Panels with DensDeck
DRAWINGS
1. Sheet M2.1 - Louver Schedule - L-1 and L-2: Add Ruskin # ELF-6375(DX) as an
approved equal. Add United Enertech Louvers (FL-D-6.1) as an approved
equal. EF-1: Soler and Palau Fans (L2E) – Approved for Bidding.
2. Sheet A7.1 - Under 'Door Types’ the overhead door on the right should be
labeled 'B' instead of 'A'.
3. Sheet S0.1 – Design Loads: Modified notes pertaining to wind and seismic loads.
Concrete 28 Day Compressive Strength: All concrete is 4,500 psi.
The following drawing revisions are summarized below, the portions of the sheets
impacted are attached as Exhibit 5 with revision clouds around the changes:
4. Sheet S1.1 – Framing Plan and Slab Plan: Deleted section cuts. Hammer Head
(Chassis) Detail: Changed detail number. Hammer Head (Chassis) Section:
Changed section number and added “slopes” to note. Foundation Plan:
Changed top of pier elevations to 96’-0” for hammer head and 95’-0” for caisson
under grade beam; added section cut H and clarified note.
5. Sheet S1.2 – Garage Addition Foundation Plan: Added grids, added section
cuts, added detail callouts.
6. Sheet S1.3 – Garage Addition Slab Plan: Added section cut.
7. Sheet S1.4 – Garage Addition Roof Framing Plan: Added dimensions, added
section cuts, added detail call-outs, added beam connection loads, added
precast wind shear design value.
8. Sheet S5.1 – Steel Column @ Interior Caisson: Added slab note. Exterior
Grade Beam-Grid A: Added slab elevation. Exterior Grade Beam at Threshold-
Grids 1&5: Added slab and caisson elevations Steel Anchor Bolt Detail: Added
base plate note.
9. Sheet S5.2 – Hammer Head Elevation (Addition): Added slab note.
10. Sheet S5.3 – Deck Opening 24” to 48”: Modified note. K-Joist to Steel Beam
Detail: Omitted. Exterior Steel Beam to Steel Column (Beam Continuous):
Added weld size and changed detail number. Base Plate Detail: Changed detail
number. Detail G: Added shear load. Deck Support Detail: Added embed
plate note. Beam Support Detail: Modified embed plate note. Joist Support
Detail: Modified embed plate note.
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ASSIGNMENT OF AGREEMENT
THIS ASSIGNMENT OF AGREEMENT (“Assignment”) is made effective as
of XXX, 2012, by THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation (“Assignor”) to and for the benefit of (Awarded Contractor)., a Colorado
corporation (“Assignee”).
RECITALS
A. Assignor has entered into a Services Agreement with BW Systems
(formerly know as Colorado Systems Group Inc.) (“Service Provider”), dated May 22,
2012, for provision of a facility video security system (the “Services Agreement”).
B. Section 9 of the Services Agreement permits Assignor to assign the
Services Agreement to a contractor who will construct the facilities where the services
under the Services Agreement are to be provided.
C. Assignor has contracted with Assignee to provide the construction
services contemplated in section 9 of the Services Agreement, pursuant to a Transfort
Maintenance Facility Expansion agreement dated XXX, 2012 (the “Construction
Contract”), and Assignor now wishes to assign the Services Agreement to Assignee.
ASSIGNMENT
1. For value received, the receipt and sufficiency of which is hereby acknowledged,
Assignor hereby assigns to and for the benefit of Assignee all of its right, title and interest, both
legal and beneficial, in and to the Services Agreement, except as described herein, and any rights
or benefits arising from any of the foregoing, and Assignee hereby assumes all rights and
obligations of the Assignor under the Services Agreement.
2. The address for giving notices to the Assignee under section 4 of the
Services Agreement shall be:
3. Assignee and Service Provider agree that Assignor will continue to be a
beneficiary of the provisions of section 15 of the Services Agreement, including the right
to be indemnified pursuant to section 15(a) and to be named as an additional insured on
Service Provider’s insurance pursuant to section 15(c)
4. Assignee and Service Provider will make no other amendments to the
terms of the Service Agreement without the Assignor’s prior written consent, which will
not be unreasonably withheld or delayed.
EXHIBIT 4
TRANSFORT FACILITY VIDEO SECURITY SYSTEM AGREEMENT & ASSIGNMENT OF AGREEMENT
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ASSIGNOR:
THE CITY OF FORT COLLINS, COLORADO
By: ______________________________ Date: _________________________
James B. O’Neill II, FNIGP, CPPO
Director of Purchasing & Risk Management
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
Assistant City Attorney
ASSIGNEE:
By: _______________________________ Date: _________________________
President
ATTEST:
__________________________
Corporate Secretary
Acknowledged and agreed to by Service Provider:
BW SYSTEMS
By: _____________________________ Date: _________________________
James A. Thiele, President
ATTEST:
___________________________
Corporate Secretary
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7254 FVSS Phase 3 New Construction Agreement 1 of 25
SERVICES AGREEMENT
Facility Video Security System
Phase Three: Transfort Maintenance Facility Expansion
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 BW SYSTEMS (formerly Colorado Systems Group. Inc.), hereinafter referred
to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide Services in accordance with the
scope of services attached hereto as Exhibit "A", consisting of four (4) pages and
incorporated herein by this reference (the “Services”).
2. Contract Period. This Agreement shall commence upon the date of execution shown on
the signature page of this Agreement and shall continue in full force and effect for one (1)
year, unless sooner terminated as herein provided or as agreed by the parties in writing
3. Delay. If the Service Provider is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the Service Provider must provide written notice to the City of such condition, along
with supporting data, within thirty (30) days from the onset of such condition. If the Service
Provider is requesting an adjustment to the Contract Period, the notice must also include a
statement that the adjustment claimed is the entire adjustment to which the Service Provider
has reason to believe it is entitled as a result of the occurrence of the delay. The Contract
Period may be extended in an amount equal to time lost due to such delay only by a change
order or a written amendment to this Agreement.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following addresses:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Dean Erickson
PO Box 580
Fort Collins, CO 80522
Service Provider:
BW Systems
1831 Left Hand Circle, Suite B
Longmont, CO 80501
In the event of early termination by the City, the Service Provider shall be paid for Services
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7254 FVSS Phase 3 New Construction Agreement 2 of 25
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this Contract,
subject to additions and deletions provided herein, per the attached Exhibit "A". Title to
equipment installed Phase 3, Part 2, passes to the City upon payment of the entire sum due
for that Part.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the Services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The Services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
8. 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.
9. Assignment By City. Service Provider acknowledges that the City has retained Concrete
Express, Inc. (CEI) as contractor for the construction of the facilities where Services will be
provided as set forth in Exhibit A. Service Provider agrees that this Agreement may be fully
assigned to CEI. In the event this Agreement is assigned, CEI will assume all of the City’s
rights and obligations under this Agreement unless otherwise specified in such assignment,
and the Service Provider will look exclusively to CEI for performance under this Agreement.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
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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 nonconformance in design, materials and workmanship for a period
beginning with the start of the work and ending not less than twelve (12) months from
and after final acceptance under the Agreement. Upon receipt of written notice from
City of any such defect or nonconformance, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period 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.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees, and CEI, 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 and CEI as
additional insureds under this Agreement of the type and with the limits specified within
Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this
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reference. The Service Provider before commencing Services hereunder, shall deliver
to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
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
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2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established
in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Federal Requirements. Special provisions or conditions relating to the Services to be
performed pursuant to this Agreement are set forth in Exhibit "B", consisting of fourteen (14)
pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO
Director of Purchasing & Risk Management
Date:
BW SYSTEMS
By:
James A. Thiele, President
Date:
ATTEST:
(Corporate Seal)
Corporate Secretary
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EXHIBIT A: SCOPE OF WORK
PHASE 3: FACILITY SECURITY VIDEO SYSTEM, NEW CONSTRUCTION
1.0 Construction Project
The construction project is for the Transfort Maintenance Facility Expansion only.
Part 2
Construction Transfort Maintenance Facility Expansion
Start
Install cameras at Transfort Maintenance Facility at
designated locations
BWS Within 30 days after
notice to proceed
Integrate new IP cameras into CV and create views as
needed.
BWS included
Provide digital recordings of each new camera day and
night.
BWS included
Provide maintenance as detailed in service plan for new
cameras
BWS included
Construction Transfort Maintenance Facility Expansion
Complete
1.1 Work to be completed by CFC/Others
1. Virtual Server Environment that meets the Salient Specifications and appropriate
amount of storage required for retention specifications.
2. Setup the network configuration to accommodate the IP cameras and the video
streaming.
3. Network Support
4. All necessary network connections, network gear, cabling, and standard POE devices
5. All conduit, back boxes, junction boxes and 120VAC as necessary
6. Workstations for Client applications.
7. All necessary workstations meeting specifications.
8. Network Drops to the D-mark (to be terminated with a modular RJ45 jack)
9. Network configuration/VLAN.
10. Camera Poles.
11. All display screens.
1.2 General work to be completed by BWS
1. Install necessary CV camera licenses on server(s).
2. Configure cameras for recording, focus, frame rate, and resolution.
3. Install all cameras and terminate at the designated D-Mark.
4. Configure VMS client(s) and create new views.
5. BWS will provide a boom lift as needed for camera installations.
6. Work is to be completed during normal business hours on consecutive business days.
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7. Install audio devices for recording as required.
8. Interface with panic buttons and emergency call boxes to ensure alarms are received at
dispatch.
9. Annual maintenance costs begin at the completion of the warranty period. These will be
paid for by the City under a separate agreement.
1.3 Terms
1. 90% paid upon acceptance by MAX City and
2. Balance paid after BRT system has operated 30 days without serious technical
problem.
1.4 Phase 3, Part 2: Transfort Maintenance Facility Expansion
The Transfort Maintenance Facility Expansion will have video security cameras added to the
CompleteView (CV) VMS. The security cameras are detailed below. Installation location is per
the approved camera locations as specified in the drawings.
Maintenance Facility New Cameras
Location Designation New Camera
Model Number Notes
Transfort Maint. Fac TMF118 AXIS P3346VE
Transfort Maint. Fac TMF119 AXIS P5534E
Transfort Maint. Fac TMF120 AXIS P3346VE
Transfort Maint. Fac TMF121 AXIS P3346VE
Transfort Maint. Fac TMF122 AXIS P3346VE
Transfort Maint. Fac TMF123 AXIS P5534E
Transfort Maint. Fac TMF124 AXIS P3346VE
Transfort Maint. Fac TMF125 AXIS P3346VE
Transfort Maint. Fac TMF126 AXIS P3346VE
Transfort Maint. Fac TMF127 AXIS P5534E
Transfort Maint. Fac TMF128 AXIS P3346VE
Transfort Maint. Fac TMF129 AXIS P3346VE
1.4.1 Phase 3, Part 2: Cost Detail
Item Qty Amount
CompleteView Enterprise Camera License 12 $ 1,911.60
CompleteView Enterprise Camera License YUP 12 $ 379.49
AXIS P3346VE IP Camera 9 $ 9,417.71
AXIS P5534E PTZ Camera 3 $ 7,286.35
AXIS T8123 HIGH POE MIDSPAN 4 $ 354.00
*Lift Rentals:40' Boom lift. 1 $ 929.50
*Plenum CAT6 1000 ft $ 504.00
*Shipping 1 lot $ 207.35
*Misc. Job Parts 1 lot $ 350.00
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*Install @ 50 Cabling 30 $ 2,280.00
*Install @ 60 Install 98 $ 8,428.00
*Install @ 70 PM/Programming 22 $ 2,112.00
*D&D @ 75/Hr Documentation 28 $ 2,688.00
*Estimated quantities. City will only be billed for
actual materials and labor used. Total: $ $36,848.00
Video Security Options
During construction cameras may have to be added to the system. The table below lists the
costs to add cameras, including cable to the D-Mark, POE, camera, license, programming, and
installation. During the warranty period BWS agrees to supply additional or replacement
cameras at the prices listed below, plus a price adjustment limited to the Denver-Boulder CPI-U.
Cameras shall be of the model listed in the Agreement or equivalent. Substitutions due to
changing technology must be documented at the time of purchase.
Item Cost Notes and Overtime rates:
Interior Fixed Camera $2,212.00
Exterior Fixed Camera $3,118.00 Includes lift
Interior PTZ Camera $3,978.00
Exterior PTZ Camera $4,575.00 Includes lift
Cable Labor $76.00/hr Overtime rate: $114.00/hr
Equipment Labor $86.00/hr " " $129.00/hr
Programming Labor $96.00/hr " " $144.00/hr
Engineering Labor $96.00/hr " " $144.00/hr
Daily Lift Charge $321.00 N/A
Weekly Lift Charge $721.00 N/A
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EXHIBIT B: FEDERAL REQUIREMENTS
Table of Contents:
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................. 11
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS ................................................................................................................................. 11
3. ACCESS TO RECORDS AND REPORTS ......................................................................... 11
4. FEDERAL CHANGES ........................................................................................................ 12
5. TERMINATION ................................................................................................................... 12
6. CIVIL RIGHTS REQUIREMENTS ...................................................................................... 12
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ...................................................... 13
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............. 14
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ....... 14
10. BUY AMERICA ................................................................................................................... 14
11. BREACHES AND DISPUTE RESOLUTION ...................................................................... 15
12. LOBBYING ......................................................................................................................... 15
13. CLEAN AIR ......................................................................................................................... 16
14. CLEAN WATER REQUIREMENTS .................................................................................... 16
15. CARGO PREFERENCE REQUIREMENTS ....................................................................... 16
16. FLY AMERICA REQUIREMENTS ...................................................................................... 16
17. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS ............................................ 17
18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ...................................... 23
19. ENERGY CONSERVATION REQUIREMENTS ................................................................. 24
20. RECYCLED PRODUCTS ................................................................................................... 24
21. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE .............................................. 24
22. ADA ACCESS .................................................................................................................... 24
Appendix A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
…………………………………………………………………………..…………. End of document
Appendix B, BUY AMERICA, CERTIFICATION REQUIREMENT FOR PROCUREMENT
OF STEEL, IRON, OR MANUFACTURED PRODUCTS
…………………………………………………………………...……………….... End of document
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1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(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
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the 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
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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.
4. 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
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.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
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Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is 9.9%. A separate contract 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
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26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the MAX Contractor or City of Fort
Collins. In addition, the contractor may not hold retainage from its subcontractors.
d. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required
by DOT, whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any (name of grantee) requests which would cause (name of
grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
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 the City. If
it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to the City, 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
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has been granted by FTA or the product is subject to a general waiver.
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.
Certificate attached as Appendix B.
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
the Director of Purchasing. 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 Director of Purchasing. 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 Director of Purchasing shall be
binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by the 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
therefore 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 (Recipient) 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
(Recipient) 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 by law. No action or failure to act by the (Recipient), (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
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
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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.
Certificate attached as Appendix A.
13. 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 seq. 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
(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 seq. 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
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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 carrier was 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
(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.
The following job classifications may apply to this Agreement:
per: General Decision Number: CO120008 01/27/2012 CO8
Wages Fringes
Electrician, including low-voltage electrician $31.60 $12.52
Laborer, common $ 9.56 $ 2.36
(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
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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
With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails
in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting
officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(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
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assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. The contracting
officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting
officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination with 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - The City of Fort Collins shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to
be 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
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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.
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(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
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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
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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
(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 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 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
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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
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. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
To the extent applicable, the Contractor agrees to conform to the National Intelligent
Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §
5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITS
Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and
any other implementing directives FTA may issue at a later date, except to the extent FTA
determines otherwise in writing.
22. 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.
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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
insured 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 coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT 6 - PLATFORM DETAIL DRAWING
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EXHIBIT 7 - STRUCTURAL DRAWING REVISIONS
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