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HomeMy WebLinkAbout124317 ADVANCED ROOFING TECHNOLOGIES - CONTRACT - RFP - 7530 TRANSFORT ROOFING SERVICES 2013SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ADVANCED ROOFING TECHNOLOGIES hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7530 Transfort Roofing Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A",, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the. performance of services. No work order shall•exceed $75,000. An overall scope of services is described in Exhibit "B", consisting of three (3) pages, attached hereto and incorporated herein. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 1 of 44 CITY OFF COLLINS,T.COLORADO ` " a muniicip rp ation By. Gerry S. Paul Director of Purchasing and Risk Management Date: /f ` ADVANCED ROOFING TECHNOLOGIES ' Print Name Title P1-cyc7e,. ,1- Corporate President or Vice President Date: /l) -q- ` ATTEST (Corporate Seal) Corporate Secretary Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 10 of 44 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN . THE CITY OF FORT COLLINS n- .. AND ADVANCED ROOFING TECHNOLOGIES DATED:' Work Order Number: Purchase Order Number: Project Title:, - 7530 Transfort Roofing Services Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description Scope of Services: Professional agrees to perform the services City of Fort Collins' ` identified above and on the attached forms in accordance with the terms and conditions , By: - contained herein and in the Professional Services Project Manager Agreement between the parties. In the event -of a " conflict between or ambiguity in the terms of the Date: Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control.,,, By: Gerry Paul The attached forms consisting of (_) pages Director of Purchasing and Risk Management are hereby accepted and incorporated herein, by (over$60,000.00) this reference, and Notice to Proceed is hereby' given. a Date:. Professional , r By. Date: Service Agreement — Work Order Type 7530 Transfort Roofing Services Page,11 of 44 EXHIBIT B OVERAL SCOPE OF SERVICES Service Provider will perform repair, maintenance, demolition and repair -by -replacement on commercial City buildings and various other City facilities. The contractor will occasionally be required to perform non -emergency work on weekends and outside normal business hours of 8:00am to 5:00pm, Monday through Friday. The City expects quality work meeting or exceeding minimum industry standards. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $75,000 will be issued. The City reserves the right to supply any or all materials. Scope of Work Total annual work volume will not exceed $250,000. Work which will be paid entirely or in part' with Federal funds will not exceed $100,000 annually. Service Provider Requirements a. Provide normal services as established in the work order. Provide emergency or urgently requested services within one (1) hour of request. b. Carry insurance levels and provide bonding as required in the agreement., c. Provide an after normal work hours phone number to be used by the City to request emergency or urgently needed services. d. Comply with City recycling and solid waste reduction policies. e. Clean-up the job site at the end of each day and at work completion. . f. Obtain any needed permits for repair or installation work and provide a copy of the permit to City representative before work is started. g. Service Provider to comply with FTA requirements including Davis -Bacon Wages. (see attached wage determinations) 2. Work Order Procedure For Jobs Estimated to Cost Less Than $2,000: a. Job estimates must be submitted on a unit price basis consistent with the prices established in the Price Schedule section. b. Workmanship and materials must be warranted for two years (material manufacturer's warranties beyond two years shall be transferred to the City) after completion of the job unless a shorter term is authorized, in writing, by the City Representative.' c. Contractor will invoice for all jobs completed on a unit price basis using the prices established in the Price Schedule section including appropriate mark-up on materials, if any. Material invoices must be included with the billing invoices. d. A signed work order by the City Representative is the Contractor's notice to proceed. Emergency work may be exempt from a signed work order at the City's discretion. (see exhibit #) For Jobs Estimated to Cost More Than $2,000: a. All awarded contractors will be asked to bid on the job. Pricing is expected to be a firm fixed price for the completed work, with warranty (where applicable). Service Agreement— Work Order Type 7530 Transfort Roofing Services Page 12 of 44 b. The City Project Manager will provide a written scope of work. Contractors will be expected to attend an onsite meeting to discuss the job requirements. The City Project Manager and the contractors will come to agreement, in writing, regarding any changes to the Scope at this meeting. If a contractor does not attend the on site meeting, they may not bid on the job. Work will be awarded to the lowest bidder. c.' Workmanship and materials must be warranted for two years after acceptance of the job by the City Project Manager (material manufacturer's warranties beyond two years shall be transferred to the City). Replacement roofs must be covered by a warranty acceptable to the Project Manager. d. .A signed work order by the City, Representative is the Contractor's notice to proceed. Emergency work may be exempt from,a signed work order at the City's discretion. (see exhibit #) Pricing Hourly rates charged for work ordered under this agreement will be: A. Normal Hours (From 8 A.M. To 5 P.M.) $ 49.90 per hour (Journeyman) $ 42.51 per hour (Apprentice) B. Overtime Rates: $ 74.85 per hour (Journeyman) $ .63.77 per hour. (Apprentice) „ C., Material Costs: , Please indicate below.your company mark-up on materials: Cost plus 10 percent Copies of material invoices are to be included with billing statements.. D. Trip Charges , The City does not pay trip charges or travel time for non -emergency service work. Emergency call -out trip charge, if any: $ 125.00 E. Emergency Call -out When the, Contractor responds to an emergency call -out, the City will pay a minimum of two (2) hours of the assigned technician's applicable, rate. If emergency repairs require more than eight (8) hours, the Contractor will be expected to assign personnel to minimize overtime charges. Proposed Job #1 — Transit Building Roof Repair: Location: 250 North Mason General scope: The work consists of repairing of EPDM roofing membrane. Materials in certain areas on this roof location are shrinking which is causing existing EPDM roofing to lift and separate from cover board. These areas will need to be replaced with new .60 mil fully adhered EPDM and appropriate materials and accessories to properly accomplish these repairs. Additionally any holes in the existing EPDM will need to be sealed and patched with like material. Service Agreement — Work Order Type - - 7530 Transfort Roofing Services Page 13 of 44 Labor-_$ 784.00 Materials - _ $ 750.00 Job #1 Total Cost: $ 1534.00 If additional work required -Square foot /Unit price - $ 10.62 per LF for seam repair Proposed Job #2 - Transfort Main Roof Repair: Location: 6750 Portner Drive General scope: The work consists of replacing all parapet wall, all mechanical curb, skylight curb and all other penetration roofing material, flashing,'deaning debris and replacing one skylight. These areas will need to be replaced with new white .60 mil filly adhered TPO and appropriate materials and accessories to properly accomplish the work Labor - _ $ 20,531.00 Materials - _ $ 42,415.00 Job #2 Total Cost: $ 63,946.00 *** City of Fort Collins to evaluate, proposed alternate to spec's from Advanced Roofing Technologies *** If additional work required - Square foot /Unit price - $ _N/A Proposed Job #3 - TransfortjAd ministration Roof Repair: Location: 6750 Portner Drive General scope: The work consists of removing and replacing_ the entire existing asphalt roof system due to hail damage. Replace entire roof system with 30 year laminated shingles, appropriate underiayment materials and roof accessories to properly accomplish the work. Labor - _ $ 1,637.00' Materials - _ $ 4,033.00 Job #3 Total Cost: $ 5,670.00 If additional work required - Square foot /Unit price - $ Proposed Job #4 - Transfort Wash and Fuel Buildings: Location: 6750 Portner Drive General scope: The work consists of replacing roofing membrane due to hail damage. These areas will need to be replaced with new .60 mil fully adhered TPO with appropriate materials and accessories to properly accomplish the work. Labor - _ $ 10,475.00 Materials - _ $ 14,633.00 Job #4 Total Cost: $ 25,108.00 *" City of Fort Collins to evaluate revised cost for 15 year manufacturer total system warranty*** ' If additional work required - Square foot /Unit price - $ N/A Service Agreement - Work Order Type 7630 Transfort Roofing Services Page'14 of 44 EXHIBIT C INSURANCE REQUIREMENTS _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 duethe Service Provider under this Agreement., The City; its officers, agents and employees shall be named as additional . .insured's on the Service Provider's general liability and automobile liability insurance . policies•for any claims arising.out of work performed under this Agreement. 2; -- Insurance coverages shall be as follows: , n A. Workers' Compensation & Employer's Liability. The Service Providershall 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. r 2. Employer's Liability insurance with limits o1`1100,OOO per accident, $500,000 disease aggregate, and $100,000disease 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 forclaims 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. Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 15 of 44 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party', except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically prod uced)'thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Service Agreement - Work Order Type 7530 Transfort Roofing Services Page-16 of 44 EXHIBIT E DAVIS BACON WAGE RATES Superseded General Decision Number: CO20120008 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 01/04/2013 1 01/11/2013 2 03/08/2013 3 04/05/2013 4 04/26/2013 5 05/03/2013 6 05/31/2013 7 06/28/2013 8 07/05/2013 ASBE0028-001 10/01/2012 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .......................... $ 28.98 13.03 CARP 1001-001 05/01 /2009 Rates Fringes CARPENTER (Including Fonnbuilding and Metal Stud Work) ............................ $ 26.60 8.89 CARP1607-002 06/01/2012 Rates Fringes MILLWRIGHT $ 28.95 11.10 ELE00068-009 12/01/2012 Rates Fringes ELECTRICIAN (Including Low Voltage Service Agreement — Work Order Type 7530 Transfort Roofing Services „ Page 17 of 44 Wiring and Installation of Communications Systems, Security Systems, Telephones, and Temperature Controls)..... .... $ 32.10 0 12.53 i Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 18 of 44 ELEV0025-002 01/01/2013 „ Rates, Fringes Elevator Constructor .................................... $ 39.59 25.185 FOOTNOTE: - a. Employer contributes 8% of basic hourly rate for over 5 years' service and 6% basic hourly, rate, for 6 months' to 5 years', service as Vacation Pay. Credit. , PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day. IRON 0024-001 07/01 /2011 Rates Fringes IRONWORKER, STRUCTURAL .............. $ 23.80 „ 10.91,, PAIN0930-001 07/01/2013 Rates Fringes GLAZIER ................................. ..$ 28.67 7.52 PLAS0577-00105/01/2013 , Rates Fringes Cement Mason/Concrete Finisher ............... $ 23.25 10.23 PLUM0003-001 01 /01 /2013 Rates Fringes PLUMBER (Excluding HVAC work) ......... $ 33.18 11.44 " PLUM0208-001 07/01/2013 Rates Fringes PIPEFITTER (Including,HVAC pipe) ........ $ 33.35. 12.27 SHEE0009-001 07/01 /2012 . Rates ,. Fringes.. Sheet metal worker (Includes HVAC duct , . and installation of HVAC systems).,: ............ $ 31.77 , „12.32 S UCO2001-015 12/20/2001 , Rates. Fringes . LABORER Common ................................... $ 9.56 .36 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. i Service Agreement — Work Order Type „ 7530 Transfort Roofing Services Page 19 of 44 Professional shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency'service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4'. ' Contract Period. This Agreement shall commence September 1, 2013 and shall continue in full force and effect until August 31, 2014, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 2 of 44 Unlisted classifications needed for work not included within the scope of the'classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers'• that indicate whether the particular rate is union or non -union. . Union Identifiers • An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters, PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. 'A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling Service Agreement— Work Order Type 7530 Transfort Roofing Services Page 20 of 44 I On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in -which the survey was conducted because „ those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) , can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: , Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the.issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative. Review Board are final. END OF GENERAL DECISION n Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 21 of 44 General Decision Number: C0130014 07/05/2013 CO l4 Superseded General Decision Number: CO20120014 State: Colorado Construction Type: Residential Counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo and Weld Counties in Colorado. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family ' homes and apartments up to and including 4 stories) Modification Number Publication Date 0 '01/04/2013 1 03/01/2013 2 03/08/2013 3 04/05/2013 4 04/19/2013 5 05/17/2013 6 07/05/2013 BRC00007-007 01/01/2011 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS AND JEFFERSON COUNTIES Rates Fringes BRICKLAYER ................................................. $ 20.33 8.24 ---------------------------------------------------------------- ELEC0012-007 09/01/2012 PUEBLO COUNTY Rates Fringes Electricians: (Including Low Voltage Wiring and Installation of Fire Alarms, Security Systems and Communications Systems) Electrical work over $150,000..................... $ 27.00 11.91 Electrical work $ I50,000 or less .................. $ 24.50 11.84 ---------------------------------------------------------------- ELEC0068-014 11 /01 /20 l0 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER, AND WELD COUNTIES Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 22 of 44 Rates Fringes ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms, Security; • ; Systems and Communication Systems)...................................................... $ 24.59 8.06 ---------------------------------------------------------------- ELEC0113-007 06/01/2012 EL PASO COUNTY Rates Fringes ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms, Security Systems and Communication Systems)...................................................... $ 21.79 12.38 ---------------------------------------------------------------- ELEC0969-007 10/01/1999 MESA COUNTY Rates Fringes ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms„Security Systems and Communication. . Systems) .......................... :........................... $ 13.00 4%+2.89 ----------------------------------------- ENGI0009-007 06/25/2012 Rates Fringes• Power equipment operators: • , , . Bulldozer ................................................ :..... $ 24.27 8.62 Motor Grader: Blade -finish .......................... $ 24.57 . • „ 8.62. Motor Grader: Blade -rough ......................... $ 24.27 8.62 Roller: Self-propelled all types over 5 tons .......................................... $ 24.27 8.62 Roller: Self-propelled rubber tires under 5 tons .............................. $ 23.92 8.62 Scraper: Single bowl including pups 40 cubic yards and tandem bowls and over............................................................. Single bowl including pups 40 cubic yards and tandem bowls and over ................ $ 24.57 8.62 Scraper: Single bowl under 40 cubic yards .............................................. $ 24.42 8.62 Water Wagon ............................................... $ 24.27 8.62 t it Service Agreement — Work Order Type , 7530 Transfort Roofing Services Page 23 of 44 IRON0024-001 07/01/2011 Rates Fringes IRONWORKER, STRUCTURAL .................. $ 23.80 10.91 * PAIN0930-001 07/01/2013 Rates Fringes GLAZIER........................................................ $ 28.67 7.52 PLUM0003-002 01/01/2013 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES Rates Fringes PLUMBER 11, , (Including HVAC Pipe) ............................... $ 23.24 4.85 ---------------------------------------------------------------- PLUM0058-011 07/01 /2012 EL PASO AND PUEBLO COUNTIES Rates Fringes PLUMBER/PIPEFITTER (Plumbers include HVAC pipe) (Pipefitters exclude HVAC pipe) ................. $ 28.55 12.45 Zone 1 - 40 miles and over: $19.85 per hour + $32.00 per day per diem will be paid on projects over 40 miles (Zone 1) measured in practical driving miles by the shortest route, beginning at 5th and Main Streets in Pueblo, Colorado, when the'employee stays overnight or drives their own vehicle. Hazardous Pay: Add $2.20 per hour to $19.85 base rate. Hazardous pay applies to projects at chemical plants, steel mills, cement plants, power generator plants, process piping at manufacturing plants, food processing plants, and all projects which may present a health hazard or serious personal injury. PLUM0145-005 07/27/2012 < MESA COUNTY Rates Fringes PLUMBER (Plumbers include HVAC pipe) & PIPEFITTERS (exclude HVAC pipe).... ..........................................................................$ 24.58 Service Agreement — Work Order Type 7530 Transfort Roofing Services 10.47 ' Page 24 of 44 * PLUM0208-002 07/01/2013 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES , ,.., + '. Rates Fringes PIPEFITTER (Excluding HVAC pipe) .................:.:.....:::.:$ 33.35 12.27 SHEE0009-003 01/01/2007 Rates Fringes Sheet metal worker - HVAC Duct and Installation ofHVAC,Systems...................... :...:.......... :..$20.00 5.46 ------------ -------- ------------------------------- ------------ SUCO2001.00242/20/2001::, . • - ' • .. Rates Fringes CARPENTER (Excluding drywall hanging/fi•aming, metal stud work and form building/setting) ..... $ 16.36 n ., . -1.38 Cement Mason/Concrete Finisher ..................... $ 16.80 Drywall Finisher/Taper............. ::....:.................. $ 13.00 Drywall Hanger/Framer (Including metal stud work) . ........................ $ 17.13 2.63 . Formbuilder/Formsetter......... ..:..............:.........$ 12.78 .1.98 Laborers: Brick Finishers/Tenders .... .:7.......... !:.......:.:..$ 1.1.25 ,,. .. Common......................................................I$ 8.86 Concrete/Mason Tenders ...... ....................... $ 10.00 ; PAINTER (Excludes drywall finishing and taping): Brush, Roller and Spray ......:...$ 13.62 . ^ 3.39 - Power equipment operators: •, Backhoe.......... .................................... .....:...... $ 12.98 .3.3.1 Front End Loader ............ ............................. $ 16.50 ROOFER........... :.:..................... :.............. :....:...$ 14.73 , Sheet Metal Worker All Other Work .............. .............................. $ 17.30 4.05 Service Agreement — Work Order Type „ 7530 Transfort Roofing Services Page.25 of 44 SPRINKLER FITTER................. ..................... $ 18.47 3.74 ` WELDERS - Receive rate prescribed for craft performing operationto which welding is incidental. ' Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with charactersother than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters, PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is aninternal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would'' be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS Service Agreement — Work Order Type 7530 Transfort Roofing Services Page26 of 44 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys,. should be with the Wage and Hour Regional Officefor the area in which the survey was conducted'because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact - should be with the Branch of Construction Wage Determinations. Write to: -Branch of Construction. Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue,.N. W. Washington; DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part L8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Service Agreement — Work Order Type 7530,Transfort Roofing Services nPage 27 of 44 EXHIBIT F FEDERAL REQUIREMENTS FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federaliv Reauired and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................29 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.................................................................................................................................... 29 3. ACCESS TO RECORDS AND REPORTS..........................................................................29 4. FEDERAL CHANGES.........................................................................................................31 5. TERMINATION.....................................................................................................................31 6. CIVIL RIGHTS REQUIREMENTS.......................................................................................32 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE).......................................................33 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .............34 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......34 10. CARGO PREFERENCE REQUIREMENTS........................................................................35 11. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS.............................................35 12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT......................................42 13. ENERGY CONSERVATION REQUIREMENTS..................................................................43 14. RECYCLED PRODUCTS..............................................................................................:.....43 15. ADA Access.................::.:.........................:........................................:.................:....::.`......43 Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 28 of 44 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.& -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 worts 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 Ora 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 Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 29 of 44 Provider must provide written notice to the,City of such condition within,fifteen (15) days from the onset of such condition. , . . . 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices,provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Advanced Roofing Technologies City of Fort Collins City of Fort Collins Attn: Zack Stanevich t Attn: Bruce Byrne Attn: Purchasing Dept. 4496 Bents Drive, Unit C PO Box 580 PO Box 580 Wjt&Cr CO 80550 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right.and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8.., Payments. a. • The City agrees to pay and the Service Provider agrees to accept as full payment for all•work done'and ail materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with. markups, stated. within the Bid Schedule Proposal Form, attached• hereto as Exhibit "B",•consisting of three (3) pages, and incorporated herein by this reference. Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 3 of 44 books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years, after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts_ Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services 1 State Grantees. a. Contracts below SAT None Those None None None None ($100,000) , imposed on state pass thru to . b. Contracts above None unless' Contractor Yes, if non- None unless None unless None unless non- $100.000/CapitalProjects non- competitive non- non- competitive award competitive award or if competitive competitive award funded thruz award award , 5307/5309/531 II Non State Grantees a. Contracts below SAT Those imposed on ($100,000) YeS3 non -state Yes Yes Yes Yes b. Contracts above Grantee pass $100,000/Capital Projects Yes3 thru to Yes Yes Yes Yes Contractor Sources of Authority: '49 USC 5325 (a) '49 CFR 633.17 ' 18 CFR 18.36 (i) Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 30 of 44 4. " FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA, regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA„ as they may be amended or promulgated,from time to time during the term of this contract. Contractor's'failure to so comply shall constitute a material breach of this contract. 5. TERMINATION. , A. Termination for Convenience (General Provision) The City' may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest., The Contractor shall be paid its, costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor: 1f the Contractor- has any property' in its possession belonging to the City, the Contractor will account for the same, and dispose' of it in the manner the City directs. B. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform id the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination'on the'contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services, performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an 'excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of . performance schedule, may allow the Contractor to continue work, or trea'tth'e termination, as a termination for convenience..; C. -Opportunity to Cure (General Provision) The City in its sole discretion: may, in the case of a termination for,breach or, default, allow the Contractorirrwhich to cure the *defect. In such case, the notice of,termination will state the time period in.which cure is permitted, and other appropriate conditions „ If Contractor fails to remedy to City's satisfaction the breach. or default of any of the terms, -covenants, or -conditions of this Contract within [ten (10) days] after receipt by " Contractor of writtemnotice'from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without any further obligation to Contractor. Any -such termination for default shall not,in any way. operate to preclude City from also pursuing all available remedies, against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach.by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City's remedies for any succeeding breach of that;or of any other term; covenant, or condition of this Contract. Et Termination for Default (Construction) If the Coritractorrefuses'orr fails to prosecute 1. the work or'any separable part, with the'diligence that will irisure its completion within Service Agreement — Work Order Type - 7530 Transfort Roofing Services Page.31 of 44 the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default.' In this event, the Recipient may take over the work and compete it by contract or'otherwise, and may take possession of and use any materials, appliances,'and plant on the work site necessary for completing the work. The Contractor and its sureties shall .be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's -right to proceed with the work is terminated., This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- ' 1. the delay in completing the, work arises from unforeseeable, causes beyond the control and without the fault or negligence of the Contractor., Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the City; the delay is excusable, the time for completing the work shall be extended. ,The judgment of the City shall be final and conclusive, on the parties, but subject to appeal under the Disputes clauses. - If, after termination of the Contractors right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same, as if the termination had been issued for the convenience of the Recipient. 6. CIVIL RIGHTS REQUIREMENTS _ Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 - U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 -U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U:S.C. § 5332, the Contractor agrees that it will not discriminate against any employee.or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements. FTA may.issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race. Color, Creed. National Origin. Sex - In accordance with Title VII of the Civil 'Rights Act; as amended, 42 U.S.C: § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees'to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, ';Equal Employment Opportunity," as amended by Executive Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 32 of 44 „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'tre'ated 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 Coniractor'agrees to refrairi 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 complywith_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; 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 Depaftment 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 %. 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 contractorlo carry out'theseIrequirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. 'Each subcontract the contractor signs with a subcontractor must include the assurance in, this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the a 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 daystafter the contractor's receipt of payment for that work from the City of Fort Collins. In addition, Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 33 of 44 the contractor is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City of Fort Collins and contractor's receipt of the partial retainage payment related to the subcontractor's work. 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. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA maridated 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. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Backaround and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a),Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Lanauaae Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 34 of 44 The following clause language is suggested, not mandatory. ,It incorporates the optional method of verifying that,contractors are not excluded or disqualified;by certification.: Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. 'As such,' - the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply,with 49 CFR 29, Subpart C and must include the requirement to comply with 49 C.FR 29, Subpart C in any lower tier covered transaction -it enters into: By signing and submitting its bid or proposal, the bidder orF proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name)_ If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.:The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart-C while this offer is.valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag -Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship,at-least 50 percent of the gross tonnage (computed separately for -dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underiying 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. 11. DAVIS-BACOWAND COPELAND'ANTI-KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contractsand subcontracts that "at least partly are financed by a loan or grant from the Federal Government.", 40 USC 3145(a), 29 CFR 5.2(h), 49,CFR 18.3ti(i)(5). The Acts apply,to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a)..`Construction,' for purposes of the Acts, includes "actual construction, alteration and%or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 35 of 44 The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure`the Ads' requirements are satisfied. Clause Lanauaoe Davis -Bacon and Copeland Anti -kickback Acts ' (1) Minimum wages — All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which'cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification- may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe, benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4); the work to be performed by the classification requested is not performed.by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a Service Agreement— Work Order Type _ 7530 Transfort Roofing Services Page'36 of 44 reasonable relationship to the wage rates contained in the wage determination; and (4) With respect -to helpers asrdefined 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 cl-assification.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 thissection, shall be paid to all workers performing work in the classification under this,contract from the first day on which work is performed in the classification... (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either'pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of.the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program: (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 -4 by a,classification in the wage determination; and Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 37 of 44 (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. I' (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 bf Fort Collins may, after written notice to the contractor, sponsor, applicant; or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records — (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 38 of 44 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 r 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 submissionIof, '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 d supervises the payment of the persons employeunder the contract and shall certify the,following`. (1) That the payroll for the payroll'penod 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 part3; (3) That each laborer or mechanic has been paid not less than the applicable Wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated'into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side.of Optional Form WH-347 shall satisfy the requirement for Service Agreement — Work Order Type 7530. Transfort Roofing Services Page 39 of 44 Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in ,connection .with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requesteds All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. . 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an Service Agreement— Work Order Type 7530 Transfort Roofing Services Page 4 of 44 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'fior inspection, copying, or transcription by authorized representatives of the Federal TransitAdministration 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 ona 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 specked 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 Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 40 of 44 Training, or a State Apprenticeship Agency recognized by.the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be, permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved., (ii) � Trainees'- Except as provided in 29 CFR 5.16, trainees will not be permitted to work at lessrthan 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 lass -than the applicable_ predetermined rate for the work'performed until an -acceptable program is approved. (iii).Egual employment opportunity - The utilization of apprentices, trainees.and joumeymen 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 her , 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 fog debarment as a contractor and a subcontractor as provided in 29 CFR 5:12. . u _ (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. Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 41 of 44 (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved'in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility — (i) . By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.. „ 12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The'Contract Work Hours and Safety Standards Act is codified at 40 USC'3701, etseq The Act applies to grantee contracts and subcontracts "financed at least in part by loans or -grants from ... the [Federal] Govemment." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act.required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer'applies to any "contract in an amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - .construction projects that employ "laborers or mechanics on a public work." These non - construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. I . The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model dause below should be coordinated with counsel to ensure the Act's requirements are satisfied. ' Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 42 of 44 than one and one-half times the basic rate of pay for all -hours worked in excess of forty hours insuch workweek. (2) Violation; liability for unpaid wages,, liquidated damages -.In the e`irenf of any violation of the clause sef forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 13. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 14. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 15. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 43 of 44 (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. i Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 44 of 44 Acbwhr CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDYWY) 10/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE INC.NO),970-674-8826 Renaissance Insurance Group 101 E Main Street Windsor CO 80550 EWAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC9 INSURER A:P*nnaCOI Assurance INSURED ADVAN-5 INSURER B : INSURER C: Advanced Roofing Technologies Ltd 4496 Bents Drive, Unit C INSURER D: Windsor CO 80550 INSURER E INSURER FF COVERAGES CERTIFICATE NUMBER: 1074881023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR MD POLICY NUMBER POLICY EFF MMIODIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F-IOCCUR EACH OCCURRENCE $ R NTED PREMISES IE. occurrence $ MED EXP (Any one person) $ PERSONAL B ADV INJURY- $ GENERAL AGGREGATE $ GEN'LAGGREGATE POLICY LIMIT APPLIES PER: PRO-1ET LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ON-HIREDAUTOS AUTOOWNED Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (p r.cc eTY DAMAGE S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N PROPRIETORIPARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? V (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below NIA y 4098470 /1/2013 /112014 X WCSTATU- OTH- LIMANY E.L. EACHACCIDENT $1.000,000 E.L. DISEASE - EA EMPLOYEE $1.000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is mqulmd) City of Fort Collins Purchasing Department; Attn: Beth Diven PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATME ©1988-2010 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD PINN— �O� Dent Lowry Blvd ��,��,A\\\ Denverr. . CO 80230-7006 Phone: (303) 361-4000 / (800) 873-7242 ASSURANCE Fax: (303) 361-5000 / (888) 329-2251 www.pinnacol.com INSURED: Advanced Roofing Technologies Ltd C/O Esg Entities Inc 4844 N 300 W, N100 Provo, UT 84604 ENDORSEMENT: Blanket Waiver of Subrogation NCCI N: WC000313B Policy N: 4098470 AGENT: Renaissance Insurance Group, LLC PO Box 478 Windsor, CO 80550 (970) 674-8825 We have the right to recover our payments from anyone liable for any injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss.. Effective Date: March 1, 2013 Expires on March 1, 2014 Pinnacol Assurance has issued this endorsement March 1, 2013. Ryan Lanier Underwriter Pinrecol Assurance " /501 E Lowry Blvd - Denver, M 80230 Page 1 of 1 ISA- 03M1/201319:34:03 40 70 UpdaW: OS/ WW7 359-B Client#: 51812 ADVRO ACORDR, CERTIFICATE OF LIABILITY INSURANCE DATE(MIWDNYYT) 1011412013 THIS CERTWICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TNIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. the terms and conditions Of the II - ' _""'"-wy%—,.l 5-0t " C"UUMUD. IT bUISKIJUAFION 15 WAIVED, subject to Policy. certain policies may require an endorsement A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsemnmr.R Flood & Peterson Ins., Inc. P. O. Box 578 Greeley, CO 80632 970 356-0123 Advanced Roofing Technologies Ltd 4496 Bents Drive Unit C $0550 Windsor, CO --'-"""2" ""mom`^` REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAL UABxnY POLICY NUMBER MN MY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY OC CURRENCE Is I PREMISES EA Rxnlnen a f CWMS-MADE OCCUR MEDEXP) qq pel�,l) f PERSONAL S ADV INJURY f GENL AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE ! PRODUCTS - COMPIOP AGO S A POLICY PROS LOC AUTOMOSILE LIABILITY X ANY AUTO 4822839502 12/011201212/0WD1 COMSWED SINGLE LIMIT (EA mztlma) _ 1 000 000 GODLY INJURY (+m P ) f ALL OWNED AUTOS SCNEDULEDAUTOS BODILY INJURY (Pm AKUEN) 3 tt HIREDAUTOS X NON-OWNEDAUTOS PROPERTYDALUGE IPC, mrMeer) f S f UMaRELLA WB EXCESS MAB CWMS4IADE I EACH OCCURRENCE f DEDUCTIBLEAGGREGATE S S R WC STAa 'O TRF 3 WORIfERs DarPENfATN]N AND EMPLOYERS- UADIIJTY YIN ANY PROPRER,E TORIPARTNEXECUTIVE OFFICERIMEMBER EXCLUDED} ❑ (Iftrid ry b NNI WA I EL. EACH ACCIDENT f E.L. GSEASE -EA EMPLOYEE S tl Rya aaaapa Imam EECRa�TX]N OF OPE IONS EVUw E 1. DISEASE • POLICY WAR f DESCRIPTION City liability OF OPERATIONS I LOCATIONS l VEHICLES of Fort Collins Is Included as Additional arising out of work performed (MACH by ACORD Insured the 101, AOGObIW ibmmfA SpIaOIdC, as required by written named insured. tl man FpMw N Contract nRIIICI) With respects to CERTIFICATE HOLDER ,.....,�.. ____. City of Fort Collins Purchasing Department;Attn: Beth Olven PO Box 580 Fort Collins, CO 80522 ACORD 25 (2009109) 1 of 1 AS834201/M749183 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, The ACORD name and logo are registered marks of ACORD ACORD All rights reserved. ARP ADVAROO-01 TAYLORJE ACO/eD' `. CERTIFICATE OF LIABILITY INSURANCE DATE(MVJDOrf "') 10/14/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I IW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED k— AESENTATWE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificats holder is an ADDITIONAL INSURED, the po Iky(ies) must be endorsed. If SUBROGATI the terON IS WAIVED, subject to and conditions of the Policy, certain certificateterm policies may require an endorsement. A statement on this certificate does not confer rights to the holder bI Ilea of such endorsement($). PR ItHW,� Willis of Wyorrymyingg Inc. RAMS: De�cates�willis.com PHONE LAC E, .(877 945-7378 f,�c N, ; (888) 467-2378 EADDRESS, DIDd. OBoxx 3051911 Nashville, TN 372303191 INSURER(S) AFFORDING COVERAGE FMCa unuRERA:Cordinental Casualty Company 20443 sauRERS: Advanced Roofing Technologies, Ltd MURERC: !!96 Bents Drive, Unit INSURER D: ' Windsor, CO 80560 (SURER E COVERAGES rconnre�AO F eSURBRlA.ecn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREREVISIOND NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IITMR TYPE OF WSURANCE ADM01 PS Y6@ GENERAL MBIUTY ITtsR YIVD POl1CY NUMBER pgeDpryry� LMTS A X COMMERCIAL GENERAL UNEUTY X X 0020752076 314/2013 31412014 CWMS-AMDE �GCC(R EACH OCCURRENCE_ $ 1,000,000 POAR AGEsO Ip $ 100,000 MED EXP (Myww penpp f 6,000 PERSONAL a AOV INJURY 3 1,000,000 p GENL AGGREGATE OMIT APPLIES PER' .. poUcY X PRO- LOD GENERAL AGGREGATE f 2,000,000 PRODUCTS-COMPIOPAGG $ 2.000,000 3 ..UTOMOeaE L IABa.m ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NO�HIRED AMOS ADI O Aaiee13 SOOILY INJLRtY (Pm m-1 ) 3 BODILY INJURY lPu KdMdmo f f $ X UMBRELLA(JAB X OCCUR A EXCESS LIAe CWMSM,IDE X /020752059 314/2013 31412014 s 6,000,000 RAGGFtEGAT%E 3 5.000.000DED X RETENTION$ 10,000WORKERSCOMPENSAnoNAND EE�LOYERS'UABNTY ANYPRCPRIETOR?MTNERRXECLnIVEYIN OFFICER.NEMSER EXCLUDED? ❑ w IwmrY In MII (Uymro W) NIA CCIDENT f El DISEASE - EA EMPLOYE $ DESCWPTxMIOFOPERATONSO.bw EL DISEASE -POLICY LIMIT f DESCRIPTION W OPERATIONS I LOCATIONS 1 VEHICLES IAUWt ACORD 101, Aofide ,, RmunA SdW,u , it mwa apse b Iepunte) Roofing Contractor. Certificate Holler Is Included as Additional Insured with regards to the General Liability and Umbrella Liability Coverage when required by ndeen �nttrract A Walver of Subrogation In favor of the Additional Insured's apPUES With regards to the General Liability Coverage when required by writterEOTTCIrAa MYYI nee YGLLI\ IIVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Collins Attn: Doug Clapp. Senior Buyer Purchasing Department PO Box 680 AUnpii=IREPRESENTATNE Fort Collins, CO 80522 '•--_.-�_-� W 1988-2910 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD agreement for personal services. Accordingly, the Service ,Provider shall neither assign any responsibilities nor delegate any duties arising under, the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this, Agreement. 14. Warranty. ' - a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects'and nonconforinances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether'the same were fumished or performed by Service Provider -or by any of its subcontractors of any tier. Upon.receipt of written notice from City of any such defect, or non conformances, the affected item or part thereof shall be redesigned„ repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every, term and condition hereof shall be deemed to be a material Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 5 of 44 element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity., If the non - defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or, asserted for injuries to or death of any person or persons, or.damages to property arising out of, result.from or occurring in connection with the performance of any service hereunder. b. 'The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall 'provide and maintain insurance coverage naming the City as an Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 6 of 44 additional insured 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 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. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1). Service Provider does not knowingly, employ or contract ,with an illegal alien who ,- . , will perform work under this Agreement; and , I , , 1 , 2) - Service'Provider will participate in either the a -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 Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 7 of 44 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 it to a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. t . c. Service Provider is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or'contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an.illegal alien., , e. Service Provider shall comply with any reasonable request by the Colorado Department of.Labor and Employment "(the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. Service Agreement - Work Order Type 7530 Transfort Roofing Services Page 8 of 44 f. If Service Provider violates,any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the. City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page; Exhibit E — Davis Bacon Wages, consisting of ten (10) pages; and Exhibit F — Federal- Requirements, consisting of seventeen (17) pages, attached hereto and incorporated herein by this reference. 0 Service Agreement — Work Order Type 7530 Transfort Roofing Services Page 9 of 44