HomeMy WebLinkAboutBID - 8224 TRANSFORT REROOF (3)SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
TRANSFORT REROOF
BID NO. 8224
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
MARCH 30, 2016 – 3:00 P.M. (OUR CLOCK)
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Subcontractors 00430-1
00440 CDOT Form #606, Anti-Collusion Affidavit 00440-1
00450 CDOT Form #1413, Bidders List 00450-1
00460 CDOT Form #1414, Anticipated DBE Participation Plan 00460-1
00470 Buy America Certification 00470-1 - 00470-2
00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying 00480-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
Davis Bacon Wage Rates
Federal Terms & Conditions
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: February 19, 2016
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at
the office of the Purchasing Division, 3:00 P.M., our clock, on March 30, 2016, for the Transfort
Reroof; BID NO. 8224. If delivered, they are to be delivered to 215 North Mason Street, 2nd
Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort
Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received will be
publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 8224. The Work consists of
removing the existing 3-ply built-up roof and insulation down to the metal decking, and then
installing new R30 ISO insulation, 1/2" cover board and white 60 mil TPO roof.
This is a Federally funded project and the DBE goal is 5%. In order for a bidder to be
responsive one must make a good faith effort to meet the DBE goal. The bidder can meet this
requirement in either of two ways. First, the bidder can meet the goal, documenting
commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can
document adequate good faith efforts. This means that the bidder must show that it took all
necessary and reasonable steps to achieve the DBE goal which by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to obtain sufficient DBE
participation, even if the goal is not met. These good faith efforts must be completed prior
to submittal of the bid. For additional guidance regarding good faith efforts see 49 CFR Part
26 including Appendix A. To meet the DBE eligibility requirements, DBE firms must be
certified by CDOT. The CDOT DBE Directory is available at
https://www.codot.gov/business/civilrights/dbe. If the apparent low bidder does not meet
the project DBE goal, three copies of the contractor’s good faith effort needs to be submitted to
the City of Fort Collins Purchasing Department by 4PM on the next business day after bid
opening.
Bidders must complete, sign and submit with the bid all documents in Sections 00300
and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy
America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if
these documents are not included.
All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 2:00pm, on March 8, 2016, at Transfort Facility, 6570 Portner Road, Fort Collins,
CO 80525.
All questions must be submitted in writing via email to Ethan Cozzens,
ecozzens@fcgov.com, and Doug Clapp, dclapp@fcgov.com no later than 5:00 PM our
clock on March 16, 2016. Questions received after this deadline will not be answered.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
The Contract Documents and Construction Drawings may be examined online at:
• Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of General
Conditions. Substantial Completion of the Work is required as specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the
form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
City of Fort Collins
Gerry Paul
Purchasing Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300 and all documents
included in Section 00400 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid opening, a written statement of qualifications including financial data,
a summary of previous experience, previous commitments and evidence of
authority to conduct business in the jurisdiction where the Project is located. Each
Bid must contain evidence of Bidder's qualification to do business in the state where
the Project is located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form provided in
Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered: (1)
The ability, capacity and skill of the bidder to perform the contract or provide the
services required, (2) whether the bidder can perform the contract or provide the
service promptly and within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of the bidder,
(4) the quality of the bidder's performance of previous contracts or services, (5) the
previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service, (6) the sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service, (7) the quality, availability and
adaptability of the materials and services to the particular use required, (8) the
ability of the bidder to provide future maintenance and service for the use of the
subject of the contract, and (9) any other circumstances which will affect the
bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former work so that no
claims are pending against such work.
3.4 No Bid will be accepted from a Bidder who is engaged on any other work which
would impair his ability to perform or finance this work.
3.5 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the
Work, (d) study and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface
and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the Contract Documents and such means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or clarifications
considered necessary in response to such questions will be issued only by
Addenda. Questions received less than seven days prior to the date for opening of
the Bids may not be answered. Only questions answered by formal written Addenda
will be binding. Oral and other interpretations or clarifications will be without legal
effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be issued through Rocky Mountain E-Purchasing System at
www.rockymountainbidsystem.com.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form of a
certified or bank cashier's check payable to OWNER or a Bid Bond on the form
enclosed herewith. The Bid Bond must be executed by a surety meeting the
requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within 15 days of the Notice of
Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes to have
reasonable chance receiving the award may be retained by OWNER until the earlier
of the seventh day after the effective date of the Agreement or the thirty-first day
after the Bid Opening, whereupon Bid Security furnished by such Bidders will be
returned. Bid Security with Bids which are not competitive will be returned within
seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in
the Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective date of the
Agreement". The procedure for submittal of any such application by CONTRACTOR and
consideration by Engineer is set forth in the General Conditions which may be
supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430 contained
within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained
by the Bidder. A separate unbound copy is enclosed for submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each such alteration is signed or initialed by
the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
11.8. The address and telephone number for communications regarding the Bid shall be
shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors all other documents included in Sections 00300 and 00400. If the
Bid is sent through the mail or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of
it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be returned
unopened. Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in
a manner that a Bid must be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior to
the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER.
Discrepancies between the indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or prior to the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications and
financial ability of the Bidder's proposed Subcontractors, Suppliers and other
persons and organizations to do the Work in accordance with the Contract
Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder delivers
the executed Agreement to the OWNER, it shall be accompanied by the required
Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the Agreement and attached
documents to OWNER with the required Bonds. Within ten (10) days thereafter,
OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is
to be accompanied by a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
23.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self-stamped
envelope and a Bid tally will be mailed to you. Bid results will be posted in the
Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 8224 Transfort Reroof
Place:
Date:
1. In compliance with your Invitation to Bid dated , 20 and subject to
all conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of
Colorado hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed on the following Bid
Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment Bonds is as
follows: .
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through
.
8. The undersigned Bidder hereby acknowledges the documents listed below are required
elements of the bid and must be submitted with the bid. The City may reject any
incomplete bids as non-responsive.
- Bid Form (Section 00300)
- Certified or Cashier’s Check Bid Bond (Item 3 above and Section 00410)
- Acknowledgement of Bid Addenda (Item 7 above)
- Statement of Bidder's Qualifications (Section 00420)
- Schedule of Subcontractors (Section 00430)
- CDOT Form #606, Anti-Collusion Affidavit (Section 00440)
- CDOT Form #1413, Bidders List (Section 00450)
- CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460)
- Buy America Certification (Section 00470)
- Appendix A, 49 CFR Part 20, Certification Regarding Lobbying (Section 00480)
9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms
and Conditions incorporated herein as part of the Invitation to Bid. This project has a
DBE goal of 5%. In order for a bidder to be responsive one must make a good faith
effort to meet the DBE goal. The bidder can meet this requirement in either of two ways.
First, the bidder can meet the goal, documenting commitments for participation by DBE
firms sufficient to meet the goal. Second, the bidder can document adequate good faith
efforts. These good faith efforts must be completed prior to submittal of the bid. To
meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT
DBE Directory is available at https://www.codot.gov/business/civilrights/dbe. If the
apparent low bidder does not meet the project DBE goal, three copies of the contractor’s
good faith effort needs to be submitted to the City of Fort Collins Purchasing Department
by 4PM on the next business day after bid opening.
10. BID SCHEDULE (Base Bid)
Total Base Bid (lump sum) $______________ *
IN WORDS _________________________________________________________________
*AWARD OF THE CONTRACT IS BASED ON THE BASE BID OR AT THE CITY’S SOLE
OPTION IN THE EVENT THE CITY ELECTS TO INCLUDE ANY OF THE BELOW
ADDITIONS AND/OR ALTERNATES THE LOWEST QUALIFIED RESPONSIVE AND
RESPONSIBLE BID BASED ON THE CUMULATIVE TOTAL OF THE BASE BID AND ALL
ADDITIONS AND/OR ALTERNATES.
Additions/Alternates:
1. Provide a cost to add new roof drains (as needed). This would include the full assembly,
including baskets, that will tie-into the existing roof drain plumbing.
$______________ each
2. Provide a lump sum price for all asbestos abatement work to be done. The asbestos
abatement work is not included as part of the base bid. This work will be added to the
contract base bid if awarded. It is at the City’s discretion on whether this work will be part
of the low bidder’s contract or if the work will be handled in-house.
$______________ lump sum
3. Provide a lump sum credit if the wood nailer and metal cap, stated in the base bid
package, were to be deleted and a fully caulked term bar was installed on the parapet
wall instead to receive the TPO roof. Still meeting the 20 year manufacturer’s warranty
requirement.
$______________ lump sum
11. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 CDOT Form #606, Anti-Collusion Affidavit
00450 CDOT Form #1413, Bidders List
00460 CDOT Form #1414, Anticipated DBE Participation Plan
00470 Buy America Certification
00480 Appendix A, 49 CFR Part 20, Certification Regarding
Lobbying
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and , as Surety, are hereby held and firmly
bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City
of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a
Construction Agreement for the construction of Fort Collins Project, 8224 Transfort Reroof.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the
form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a BOND for his faithful performance of said Contract, and for payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid, then this
obligation shall be void; otherwise the same shall remain in force and effect, it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its BOND shall be in no way impaired or affected by any extension of the time within which
the OWNER may accept such Bid; and said Surety does hereby waive notice of any such
extension.
Surety Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
this day of , 20__, and such of them as are corporations have caused
their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your present
firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you, or a firm for which you were principal, ever failed to complete any Work
awarded to you?
If so, where and why?
9. Have you, or a firm for which you were principal, ever defaulted on a contract?
If so, where and why?
10. Are you, or a firm for which you were principal, debarred by any government agency?
If yes list agency name.
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization, including
officers:
15. Credit available: $
16. Bank Reference:
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER?
18. Are you licensed as a General Contractor?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. The City requires Commercial General and Vehicle Liability coverage no less than
$1,000,000 combined single limits for each occurrence. Can you meet these
requirements?
Who is your insurance carrier?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
Company:
By: Printed:
Title:
State of
County of
being duly sworn deposes and says that he
is of
(Name) (Organization)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
(Seal)
Notary Public
My commission expires: .
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
20% of the contract.
ITEM SUBCONTRACTOR
SECTION 0040
SECTION 00450
SECTION 00460
SECTION 00470
BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification
must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)
and the applicable regulations in 49 C.F.R. Part 661.5.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name _______________________________________________________________
Title ________________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name ______________________________________________________________
Title ________________________________________________________________________
SECTION 00480
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor]
PROJECT: 8224 Transfort Reroof
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 8224 Transfort Reroof.
The Price of your Agreement is ($ ).
Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany
this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise
made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is by [Date].
1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement
including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully-signed counterpart of the Agreement with the Contract Documents attached.
City of Fort Collins
OWNER
By:
Gerry Paul
Purchasing Director
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the 8224 Transfort
Reroof .
ARTICLE 2. ENGINEER
The Project has been designed by the City of Fort Collins, who is hereinafter
called ENGINEER and who will assume all duties and responsibilities and will
have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract
Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Completed by the Contractor, in
accordance with Article 3 of the General Conditions, as evidenced by the
issuance of certificate of Substantial Completion, by .
3.2 The Work must be completed by the Contractor and ready for final payment
in accordance with Article 3 of the General Conditions within 14 calendar
days after Substantial Completion.
3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss
if the Work is not completed within the times specified in paragraph 3.1.
above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions.
They also recognize the delays, expenses and difficulties involved in
proving in a legal preceding the actual loss suffered by OWNER if the Work
is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as Liquidated damages for delay
(but not as penalty) CONTRACTOR shall pay OWNER the amounts set
forth hereafter.
1) Substantial Completion:
Five Hundred Dollars ($500) for each calendar day or fraction thereof
that expires after the Ninety (90) calendar day period for Substantial
Completion of the Work until the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Three Hundred Dollars ($300) for each
calendar day or fraction thereof that expires after the Fourteen (14)
calendar day period for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
($ ), in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but,
in each case, less the aggregate of payments previously made and
less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General
Conditions. If , in the sole discretion of Owner, on recommendation
of Engineer, Owner determines that the character and progress of
the Work have been satisfactory to OWNER and ENGINEER,
OWNER may determine that as long as the character and progress
of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be
in an amount equal to 100% of the Work completed. 95% of
materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions) may be included in the application Section
00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to
CONTRACTOR to 95% of the Contract Price, less such amounts as
ENGINEER shall determine or OWNER may withhold in accordance
with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
N/A
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By: By:
GERRY PAUL
PURCHASING DIRECTOR
PRINTED
Date: Title:
Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 8224 Transfort Reroof
To: [Contractor]
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20 .
The dates for Substantial Completion and Final Acceptance shall be , 20_ and
, 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: [Contractor]
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 8224 Transfort Reroof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 8224 Transfort Reroof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance
with the following requirements:
1. The Contractor 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 Contractor 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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor 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
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8224 Transfort Reroof
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [Date]
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by [Contractor] for the City of Fort
Collins project, 8224 Transfort Reroof.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are dated
[Contract Date].
In conformance with the Contract Documents for this project, your obligations and guarantees
will continue for the specified time from the following date:____________ _, 20__.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [Contractor] (CONTRACTOR)
PROJECT: 8224 Transfort Reroof
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction,
design, improvement, alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the
buildings on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in the
OWNER'S possession or control concerning the project or against the OWNER or its
officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes and
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and
material bonds for the project.
Signed this day of , 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [Contractor]
PROJECT: 8224 Transfort Reroof
CONTRACT DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
N/A
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
N/A
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers
of the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits
of $1,000,000 combined single limits (CSL). This policy will
include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
SC-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract interpretation,
Change Orders, and other requests for clarification or instruction
to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection
may be necessary to ensure the proper performance of the Work
in accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and
quality of the Work and to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. The
Project Manager shall not be required to make comprehensive or
continuous inspections to check the progress or quality of the
Work. The Project Manager shall not be responsible for
construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in connection
with the Work, or for any failure of the Contractor to comply with
laws and regulation applicable to the performance or furnishing of
the Work. Visits and observations made by the Project Manager
shall not relieve the CONTRACTOR of his obligation to conduct
comprehensive inspections of the Work, to furnish materials and
perform acceptable Work, and to provide adequate safety
precautions in conformance with the Contract Documents. The
Project Manager shall at all times have access to the Work. The
CONTRACTOR shall provide facilities for such access so the
Project Manager may perform his or her functions under the
Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control
or authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents.
The RCI's dealings in matters pertaining to the on-site work will be
to keep the Project Manager properly apprised about such
matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
rely on instructions, approvals, or decisions of the Project
Manager until the same are reduced to writing.
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year after the date of Substantial Completion or such
longer period of time as may be prescribed by Laws or Regulations or
by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract
Documents, an Work is found to be defective, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER’s
written instructions . . .
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-DB Davis Bacon Wage Rates
A. The terms and conditions set forth in the following pages are hereby
incorporated as part of this Agreement.
SC-FED Federal Terms & Conditions
A. The terms and conditions set forth in the following pages are hereby incorporated
as part of this Agreement.
DAVIS BACON WAGE RATES
General Decision Number: C0150012 10/16/2015 C012 Superseded General Decision Number:
C020140012 State: Colorado
Construction Type: Heavy
Counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson,
Larimer, Mesa, Pueblo and Weld Counties in Colorado.
HEAVY CONSTRUCTION PROJECTS
Note: Executive Order (EO} 13658 establishes an hourly minimum wage of $10.10 for 2015 that
applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or
after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers
in any classification listed on this wage determination at least $10.10 (or the applicable wage
rate listed on this wage determination, if it is higher} for all hours spent performing on the
contract. The EO minimum wage rate will be adjusted annually. Additional information on
contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
1 03/27/2015
2 06/05/2015
3 10/09/2015
4 10/16/2015
ASBE0028-001 10/01/2014
Rates Fringes
Asbestos workers/Insulator (Includes application
of all insulating materials, protective coverings,
coatings and finishings to all types of mechanical
systems} ................................................................ $ 28.83 13.53
ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON,
LARIMER AND WELD COUNTIES
SHEE0009-002 07/01/2015
Rates Fringes
Sheet metal worker............... .................................. $ 32.85 14.63
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29CFR 5.5
(a) (1) ( ii) ).
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM0198-00S 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 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 . 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the “SU” identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates
based on a weighted average calculation of rates and are not majority rates. LA indicates the
State of Louisiana. 2012 is the year of survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion date for the classifications and
rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 OB/29/2014. UAVG indicates that the rate is a weighted
union average rate. OH indicates the state. The next number, 0010 in the example, is an
internal number used in producing the wage determination. OB/29/2014 indicates the survey
completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CSA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be :
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U .S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U .S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party 's position and by
any information {wage payment data, project description, area practice material, etc .) that the
requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board {formerly the Wage Appeals Board) . Write to:
Administrative Review Board
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
General Decision Number : C0150034 10/09/2015 C034 State: Colorado
Construction Type: Building
County: Larimer County in Colorado .
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments
up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that
applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or
after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers
in any classification listed on this wage determination at least $10.10 (or the applicable wage
rate listed on this wage determination, if it is higher) for all hours spent performing on the
contract. The EO minimum wage rate will be adjusted annually. Additional information on
contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts .
Modification Number 0
Publication Date 10/09/2015
ELEV0025-001 01/01/2015
Rates Fringes
ROOFER------------------------------------------------------$ 16.03 0.00
ENGI0009-017 10/23/2013
Rates Fringes
POWER EQUIPMENT OPERATOR
(Crane)
141 tons and over .................................................. $ 25.97 9.15
so tons and under .................................................. $ 24.88 9.15
51 to 90 tons .......................................................... $ 25.04 9.15
91 to 140 tons ........................................................ $ 25.19 9.15
SHEE0009-007 07/01/2015
Rates Fringes
SHEET METAL WORKER
(Includes HVAC Duct Installation; Excludes
HVAC Pipe Installation) .......................................... $ 32.85 14.63
SUC02013-010 07/31/2015
Rates Fringes
CARPENTER, Excludes Acoustical Ceiling
Installation, Drywall Finishing/Taping, and
Drywall Hanging ..................................................... $ 21.87 4.83
LABORER: Common or General ............................ $ 13.87 2.80
ROOFER . .............................................................. $ 16.03 0.00
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29CFR 5.5
(a) (1) ( ii) ) .
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM0198-00S 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 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 . 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the “SU” identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates
based on a weighted average calculation of rates and are not majority rates. LA indicates the
State of Louisiana. 2012 is the year of survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion date for the classifications and
rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 OB/29/2014. UAVG indicates that the rate is a weighted
union average rate. OH indicates the state. The next number, 0010 in the example, is an
internal number used in producing the wage determination. OB/29/2014 indicates the survey
completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CSA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
2.) Has there been an initial decision in the matter? This can be :
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U .S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U .S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party 's position and by
any information {wage payment data, project description, area practice material, etc .) that the
requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board {formerly the Wage Appeals Board) . Write to:
Administrative Review Board
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
FEDERAL TERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the
Federal Government does not have contractual liability to third parties, absent specific
written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
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.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or
submit covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the
language provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any
PMO Contractor, access to the 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.
By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide
the Purchaser, FTA Administrator, the Comptroller General of the United States or any
of their duly authorized representatives with access to any books, documents, papers
and record of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser,
the Secretary of Transportation and the Comptroller General or any authorized officer
or employee of any of them for the purposes of conducting an audit and inspection.
5. 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.
6. 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).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
None
None
unless1 non-
competitive
award
Those imposed
on state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/53
11
None
None unless
3 18 CFR 18.36 (i)
FEDERAL CHANGES
(49 CFR Part 18)
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
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.
CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
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
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to
comply with any (name of grantee) requests which would cause (name of grantee) to be in
violation of the FTA terms and conditions.
ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their
contracts at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following
language has been developed by FTA:
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.
TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by
the grantee including the manner by which it will be effected and the basis for settlement.
(For contracts with nonprofit organizations and institutions of higher education the
threshold is $100,000.) In addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the
exception of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are
suggestions of clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The (Recipient) 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 (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) 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 (Recipient) 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 (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) 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 (Recipient) 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 (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
f. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) 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 (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
g. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on
the Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may
fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to
the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate
the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, 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.
BUY AMERICA REQUIREMENTS
(49 U.S.C. 5323(j) 49 CFR Part 661)
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipients and subrecipients to first
tier contractors, who are responsible for ensuring that lower tier contractors and
subcontractors are in compliance. The $100,000 threshold applies only to the grantee
contract, subcontracts under that amount are subject to Buy America.
Mandatory Clause/Language
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part
661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for
rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock
must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA-funded contracts, except those subject to
a general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certification requirement for procurement of buses, other rolling stock and
associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to
49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow
for administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. This may include provisions for bonding, penalties for late or inadequate
performance, retained earnings, liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are
developed will depend on the circumstances and the type of contract. Recipients should
consult legal counsel in developing appropriate clauses. The following clauses are
examples of provisions from various FTA third party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal,
the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the [title of employee] shall be binding upon the
Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except
as may be specifically agreed in writing.
LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and
Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational
Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-
Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section
7.
Mandatory Clause/Language
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non-Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801,
et seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds
$100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every
tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory
requirements:
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials,
or commodities which may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may
be involved with the transport of equipment, material, or commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The
following language is proffered by FTA.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that “at least
partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29
CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000.
40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual
construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a).
The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11)
enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the
model clause below should be coordinated with counsel to ensure the Acts’ requirements
are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classifications and wage rates conformed
under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification
prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator,
or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification 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 therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - The [ insert name of 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 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 [ insert name of grantee ] 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.
(2) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period
of three years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in
the construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the [ insert name of grantee ] for transmission to
the Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed,
as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
(3) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at
less than the predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been certified by the Bureau
of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than
the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and
a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts “financed at least in part by loans or
grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-
construction projects that employ “laborers or mechanics on a public work.” These non-
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act’s requirements
are satisfied.
Clause Language
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor 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.
BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding
$100,000, FTA may accept the bonding policy and requirements of the recipient,
provided that they meet the minimum requirements for construction contracts as
follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The
"bid guarantees" shall consist of a firm commitment such as a bid bond, certifies
check, or other negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of his bid, execute such contractual documents as may
be required within the time specified.
b. A performance bond on the part to the Contractor for 100 percent of the contract price.
A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
c. A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment, as
required by law, of all persons supplying labor and material in the execution of the
work provided for in the contract. Payment bond amounts required from Contractors
are as follows:
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more
than $5 million; or
(3) $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a
grantee in lieu of performance and payment bonds, provided the grantee has
established a procedure to assure that the interest of FTA is adequately protected. An
irrevocable letter of credit would also satisfy the requirement for a bond.
Flow Down
Bonding requirements flow down to the first tier contractors.
Model Clauses/Language
FTA does not prescribe specific wording to be included in third party contracts. FTA has
prepared sample clauses as follows:
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to
(Recipient) and listed as a company currently authorized under 31 CFR, Part 223
as possessing a Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is
reserved by (Recipient) to reject any and all bids, or part of any bid, and it is
agreed that the Bid may not be withdrawn for a period of [ninety (90)] days
subsequent to the opening of bids, without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw
any part or all of his bid within [ninety (90)] days after the bid opening without the
written consent of (Recipient), shall refuse or be unable to enter into this Contract,
as provided above, or refuse or be unable to furnish adequate and acceptable
Performance Bonds and Labor and Material Payments Bonds, as provided above,
or refuse or be unable to furnish adequate and acceptable insurance, as provided
above, he shall forfeit his bid security to the extent of (Recipient's) damages
occasioned by such withdrawal, or refusal, or inability to enter into an agreement,
or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid
Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank
Check (excluding any income generated thereby which has been retained by
(Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders])
shall prove inadequate to fully recompense (Recipient) for the damages
occasioned by default, then the undersigned bidder agrees to indemnify (Recipient)
and pay over to (Recipient) the difference between the bid security and
(Recipient's) total damages, so as to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or
any of the material contained on this form, other than that requested, will render
the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original
contract price, unless the (Recipient) determines that a lesser amount would be
adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a
contract price is increased. The increase in protection shall generally equal 100
percent of the increase in contract price. The (Recipient) may secure additional
protection by directing the Contractor to increase the penal amount of the existing
bond or to obtain an additional bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million.
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the (Recipient) may require
additional protection as required by subparagraph 1 if the contract price is
increased.
Performance and Payment Bonding Requirements (Non-Construction)
The Contractor may be required to obtain performance and payment bonds when
necessary to protect the (Recipient's) interest.
(a) The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of salvaged
material).
2. A contractor sells assets to or merges with another concern, and the (Recipient),
after recognizing the latter concern as the successor in interest, desires assurance
that it is financially capable.
3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor shall be
required to obtain performance bonds as follows:
1. The penal amount of performance bonds shall be 100 percent of the original
contract price, unless the (Recipient) determines that a lesser amount would be
adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a
contract price is increased. The increase in protection shall generally equal 100
percent of the increase in contract price. The (Recipient) may secure additional
protection by directing the Contractor to increase the penal amount of the existing
bond or to obtain an additional bond.
(c) A payment bond is required only when a performance bond is required, and if the use
of payment bond is in the (Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required
to obtain payment bonds as follows:
1. The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million;
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract
contains an advance payment provision and a performance bond is not furnished. The
(recipient) shall determine the amount of the advance payment bond necessary to protect
the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond
is not furnished and the financial responsibility of the Contractor is unknown or doubtful.
The (recipient) shall determine the amount of the patent indemnity to protect the
(Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials
and equipment furnished under this Contract will be of highest quality and new unless
otherwise specified by (Recipient), free from faults and defects and in conformance
with the Contract Documents. All work not so conforming to these standards shall be
considered defective. If required by the [Project Manager], the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
construction in all respects. The Contractor hereby guarantees the Work against
defective materials or faulty workmanship for a minimum period of one (1) year after
Final Payment by (Recipient) and shall replace or repair any defective materials or
equipment or faulty workmanship during the period of the guarantee at no cost to
(Recipient). As additional security for these guarantees, the Contractor shall, prior to
the release of Final Payment [as provided in Item X below], furnish separate
Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the
same corporate surety that provides the Performance Bond and Labor and Material
Payment Bond for this Contract. These bonds shall secure the Contractor's obligation
to replace or repair defective materials and faulty workmanship for a minimum period
of one (1) year after Final Payment and shall be written in an amount equal to ONE
HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
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
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(d) Special DOL EEO Clause - In addition to the foregoing, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), the
Recipient agrees to comply, and assures that each Third Party Participant will
comply, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.
chapter 60, and (b) Executive Order 11246, “Equal Employment Opportunity,” as
amended by Executive Order 11375, “Amending Executive Order 11246, Relating
to Equal Employment Opportunity,” 42 U.S.C. § 2000e note.
(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)
(49 CFR Part 26)
Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to
grantees on the use of overall and contract goals, requirement to include DBE provisions
in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE
program dictates payment terms and conditions (including limitations on retainage)
applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such
as that below must be included in all contracts above the micro-purchase level. The
requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns
retainage (see section 26.29). Grantee choices concerning retainage should be reflected
in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment
terms and conditions applicable to all subcontractors based in Part 26 as well as those
related only to DBE subcontractors. The suggested language allows for the options
available to grantees concerning retainage, specific contract goals, and evaluation of DBE
subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is 5 %. A contract goal of 5 % DBE participation has been
established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as the 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)).
c. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the
following concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness
(see 49 CFR 26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the 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 the City of Fort Collins.
RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Applicability to Contracts
The Recycled Products requirements apply to all contracts for items designated by the
EPA, when the purchaser or contractor procures $10,000 or more of one of these items
during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal
year, using Federal funds. New requirements for "recovered materials" will become
effective May 1, 1996. These new regulations apply to all procurement actions involving
items designated by the EPA, where the procuring agency purchases $10,000 or more of
one of these items in a fiscal year, or when the cost of such items purchased during the
previous fiscal year was $10,000.
Flow Down
These requirements flow down to all to all contractor and subcontractor tiers.
Model Clause/Language
No specific clause is mandated, but FTA has developed the following language.
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.
ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Transfort Reroof
CONTRACTOR: [Contractor]
PROJECT NUMBER: 8224
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
SECTION 00960
APPLICATION FOR PAYMENT
SCOPE OF WORK
Main Transfort roof located at 6570 Portner Road, Fort Collins, CO 80525. Work shall not start
prior to April 1, 2016.
- Contractor will be responsible to pull the City of Fort Collins roofing permit.
- Contractor will be responsible to pass all City and Manufacturer inspections.
- Roof to meet City of Fort Collins Building Department’s minimum wind resistance.
- New roof install to meet City of Fort Collins Roof Covering and Re-roofing Requirements.
- All work to meet City of Fort Collins Design Standards at the following link:
http://www.fcgov.com/opserv/pdf/building-design-tandards3.pdf?1447782135
- All work to be done during normal business hours and to abide by the City’s noise
ordinance through Neighborhood Services. Night work will not be allowed on this project.
- Remove existing ballast
o Ballast to be hauled (by the roofing contractor) off the site and delivered to:
Roselawn Cemetery, 2801 E. Mulberry
Coordination of delivery with City of Fort Collins staff required
Rock delivered to be clean material only. Material may be rejected by on-
site personnel if unclean and full of construction debri.
- Remove existing 3-ply built-up roof.
- Remove existing insulation. Coring showed approximately 3” of insulation/coverboard
material under the membrane.
- Remove material to metal decking.
- Do not proceed with reroof until all debris has been removed from decking.
- Install R30 ISO Insulation.
- Install ½” cover board over ISO roof insulation is required.
- Install a white 60 mil TPO roof over the ½” cover board & R30 insulation.
- Roof to be mechanically attached or induction welded. Whichever is most cost effective.
- Install flexible walkways as shown on the drawings.
- Manufacturer’s roof warranty to be a minimum of 20 years NDL “No Dollar Limit”.
o Manufacturer’s letter, verifying the roof was inspected and signed off on for the
warranty, to be provided at the end of the job.
- Install all new 24 ga. Metal cap flashing on all parapet caps to be re-roofed.
o Please reference the attached spec. section 076200.
o A new wood nailer is to be provided under this cap flashing. This wood nailer is
to consist of treated 2x material per the attached spec. section 061000.
o Color to be approved by City of Fort Collins
o Color to match existing metal flashing on existing TPO roofs. Provide a sample
for City of Fort Collins approval before ordering the material.
o Cap flashing to be a coping cap type flashing that will match the same detail as
the existing TPO roof sections of the building. Similar in design and color.
- Re-flash existing scuppers.
- Re-use existing skylights and provide a water tight detail approved by the manufacturer
- Due to the additional insulation height to achieve the R-30 requirement some of the
Mechanical, Plumbing, & Electrical may need to be raised. This work will be
accomplished in house by the City of Fort Collins. Provide at least one week’s notice
prior to your request for this help.
- All OSHA regulations to be followed at all times.
- Contractor will be expected to follow the City of Fort Collins QA/QC program.
o Please reference:
Written QA-QC Plan
Preparatory Phase Checklist
QC Initial Checklist
QC Follow-Up Checklist
o Materials to be inspected during the duration of the project.
TPO Roofing
ISO Insulation
Cover board
Sheet Metal
- Contractor to fill out owner provided Waste Management Plan Form.
o Please reference the specifications for this form.
o Contractor will not receive final payment until this has been provided, filled out
with back-up.
- Coordination with the City of Fort Collins IS REQUIRED for all roll-off dumpster locations
Dumpster locations will be allowed in short intervals upon approval by the City of Fort
Collins and Transfort staff.
- Environmental Testing:
o Asbestos has been identified in the black mastic Located at the roof curbs and
the parapet walls. As long as the material is not made friable it is acceptable to
dispose of it per the specification’s below.
o Remove the mastic without making it friable per the specifications below. In areas,
on the concrete specifically, it is acceptable to encapsulate the mastic under the
TPO membrane as long as it does not affect the roof detailing and warranty.
o Roofing materials or disposal bags cannot be dropped directly to the ground or
dumpster from the roof. They must be lowered in a controlled way as to minimize
damage or friability of the material and the disposal bags.
o Please reference the work authorization below for full scope of work:
“The contractor must be informed as to the presence of ACMs at the location. Regulated
ACMs (RACMs) are defined as any friable material and non-friable asbestos materials
that have a high probability of becoming friable during normal renovation or demolition
operations (that are performed in accordance with EPA NESHAPS demolition guidance).
Non-regulated ACMs (non-RACMs) are those non-friable materials likely to remain non-
friable during normal renovation or demolition operations. EPA and CDPHE regulations
require proper removal and disposal of all RACMs prior to renovation or demolition
operations. EPA and CDPHE regulations allow non-RACMs to remain in place during
renovation or demolition, provided the methods do not render the material friable and
they may not be subject to sanding, grinding, cutting or abrading during the renovation
or demolition process, and allow these materials to be disposed as normal renovation or
demolition debris. The non-friable, non-RACM material (asphaltic roof flashing) at this
location may remain in place, as long as renovation activities do not disturb the
materials.
The following recommendations are provided as guidance only for the removal of
nonfriable roofing material at this location.
- Removal of the asphaltic roof flashing at this location is considered an OSHA
Class II project and includes Category II non-friable ACM.
- This material must be handled under guidance found in 40 CFR Part 61 Subpart M,
Appendix A, NESHAP (National Emission Standard for Hazardous Air Pollutant-
Applicability of the Asbestos NESHAP to Roof Removal Operations).
- If rendered friable through work practices, the asphaltic roof flashing is
considered Regulated Asbestos Containing Material (RACM), governed by the
Colorado Department of Public Health and Environment regulation (Regulation 8
Part B) and permit requirements could apply, depending on amounts disturbed.
- It is recommended that workers receive training according to 29 CFR 1926.1101
OSHA standards for removal of asphalt impregnated asbestos containing roofing
and asbestos containing roofing shingles.
- It is recommended that the roofing company retained for this job, provide a
competent person, as defined by OSHA, to be on site and available to workers
during all times of operations.
- The regulation requires that the competent person on site must train in the
NESHAP regulation.
o From the Federal Guidance:
Training 5.1. For those roof removals that are subject to the
NESHAP, at least one on-site supervisor trained in the provisions of
the NESHAP must be present during the removal of the asbestos
roofing material. 40 CFR 61.145(c)(8).
In EPAs view, this person can be a job foreman, a hired consultant,
or someone who can represent the building owner or contractor
responsible for the removal.
- Materials must be disposed of properly as non-friable ACM.”
- Contractor to ensure a clean and safe work site at all times.
- Contractor price will NOT include a wind rider. The City of Fort Collins is self-insured.
- Install tapered insulation between both expansion joints on the north, center, section of
the roof. The high point of the taper will be in the middle of this section and will slope
east & west in equal directions in order to aide in roof drainage over the expansion
joints. Install the expansion joints per manufacturer’s requirements.
- Provide a cricket system at the northwest corner of the lower roof section that will delete
the existing roof drain scupper located at the west parapet. Install metal flashing over the
exterior side of the existing holes. Metal flashing to match the color of the new metal cap
flashing. The intent of this is to eliminate the scupper drain and to divert the water runoff
to the south, around the corner, and then west to the existing roof drain.
ADDITIONAL SPECIFICATIONS
SECTION 061000 - ROUGH CARPENTRY
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions Specification Sections, apply to this Section.
1.2 SUMMARY
A. Scope of Work to Include:
1. The contractor/subcontractor for this work, shall provide all labor, materials,
transportation, protection, apparatus, tools, equipment, incidentals, warranty, and
items necessary to provide and install, complete in all respects, all ROUGH
CARPENTRY as detailed on drawings and/or required herein.
B. Section Includes:
1. Rooftop equipment bases and support curbs.
2. Wood blocking, cants, and nailers.
3. Wood furring and grounds.
4. Plywood backing panels.
C. Related Requirements:
1. Section 061600 "Sheathing."
1.3 DEFINITIONS
A. Dimension Lumber: Lumber of 2 inches nominal or greater but less than 5 inches nominal in
least dimension.
B. Lumber grading agencies, and the abbreviations used to reference them, include the
following:
1. NLGA: National Lumber Grades Authority.
2. WCLIB: West Coast Lumber Inspection Bureau.
3. WWPA: Western Wood Products Association.
1.4 ACTION SUBMITTALS
A. Product Data: For each type of process and factory-fabricated product. Indicate component
materials and dimensions and include construction and application details.
1. Include data for wood-preservative treatment from chemical treatment manufacturer
and certification by treating plant that treated materials comply with requirements.
Indicate type of preservative used and net amount of preservative retained.
2. Include data for fire-retardant treatment from chemical treatment manufacturer and
certification by treating plant that treated materials comply with requirements. Include
physical properties of treated materials based on testing by a qualified independent
testing agency.
3. For fire-retardant treatments, include physical properties of treated lumber both before
and after exposure to elevated temperatures, based on testing by a qualified
independent testing agency according to ASTM D 5664.
4. For products receiving a waterborne treatment, include statement that moisture
content of treated materials was reduced to levels specified before shipment to
Project site.
5. Include copies of warranties from chemical treatment manufacturers for each type of
treatment.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Stack lumber flat with spacers beneath and between each bundle to provide air circulation.
Protect lumber from weather by covering with waterproof sheeting, securely anchored.
Provide for air circulation around stacks and under coverings.
PART 2 - PRODUCTS
2.1 WOOD PRODUCTS, GENERAL
A. Certified Wood: Materials shall be produced from wood obtained from forests certified by an
FSC-accredited certification body to comply with FSC STD-01-001, "FSC Principles and
Criteria for Forest Stewardship," for the following:
1. Miscellaneous lumber.
B. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency
is indicated, provide lumber that complies with the applicable rules of any rules-writing
agency certified by the ALSC Board of Review. Provide lumber graded by an agency
certified by the ALSC Board of Review to inspect and grade lumber under the rules
indicated.
1. Factory mark each piece of lumber with grade stamp of grading agency.
2. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for
moisture content specified. Where actual sizes are indicated, they are minimum dressed
sizes for dry lumber.
3. Provide dressed lumber, S4S, unless otherwise indicated.
C. Maximum Moisture Content of Lumber: 19 percent unless otherwise indicated.
2.2 WOOD-PRESERVATIVE-TREATED LUMBER
A. Preservative Treatment by Pressure Process: AWPA U1; Use Category UC2 for interior
construction not in contact with the ground, Use Category UC3b for exterior construction not
in contact with the ground, and Use Category UC4a for items in contact with the ground.
1. Preservative Chemicals: Acceptable to authorities having jurisdiction and containing
no arsenic or chromium. Do not use inorganic boron (SBX) for sill plates.
B. Kiln-dry lumber after treatment to a maximum moisture content of 19 percent. Do not use
material that is warped or that does not comply with requirements for untreated material.
C. Mark lumber with treatment quality mark of an inspection agency approved by the ALSC
Board of Review.
D. Application: Treat items indicated on Drawings, and the following:
1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar
members in connection with roofing, flashing, vapor barriers, and waterproofing.
2. Wood sills, sleepers, blocking, furring, and similar concealed members in contact with
masonry or concrete.
3. Wood framing and furring attached directly to the interior of below-grade exterior
masonry or concrete walls.
4. Wood framing members that are less than 18 inches above the ground in crawlspaces
or unexcavated areas.
5. Wood floor plates that are installed over concrete slabs-on-grade.
2.3 FIRE-RETARDANT-TREATED MATERIALS
A. General: Where fire-retardant-treated materials are indicated, use materials complying with
requirements in this article, that are acceptable to authorities having jurisdiction, and with
fire-test-response characteristics specified as determined by testing identical products per
test method indicated by a qualified testing agency.
B. Fire-Retardant-Treated Lumber and Plywood by Pressure Process: Products with a flame
spread index of 25 or less when tested according to ASTM E 84, and with no evidence of
significant progressive combustion when the test is extended an additional 20 minutes, and
with the flame front not extending more than 10.5 feet beyond the centerline of the burners
at any time during the test.
1. Use treatment that does not promote corrosion of metal fasteners.
2. Exterior Type: Treated materials shall comply with requirements specified above for
fire-retardant-treated lumber and plywood by pressure process after being subjected
to accelerated weathering according to ASTM D 2898. Use for exterior locations and
where indicated.
3. Interior Type A: Treated materials shall have a moisture content of 28 percent or less
when tested according to ASTM D 3201 at 92 percent relative humidity. Use where
exterior type is not indicated.
4. Design Value Adjustment Factors: Treated lumber shall be tested according ASTM D
5664 and design value adjustment factors shall be calculated according to ASTM D
6841.
C. Kiln-dry lumber after treatment to a maximum moisture content of 19 percent. Kiln-dry
plywood after treatment to a maximum moisture content of 15 percent.
D. Identify fire-retardant-treated wood with appropriate classification marking of qualified testing
agency.
E. Application: Treat items indicated on Drawings, and the following:
1. Plywood backing panels.
2.4 MISCELLANEOUS LUMBER
A. General: Provide miscellaneous lumber indicated and lumber for support or attachment of
other construction, including the following:
1. Blocking.
2. Nailers.
3. Rooftop equipment bases and support curbs.
4. Cants.
5. Furring.
6. Grounds.
B. For items of dimension lumber size, provide Construction or No. 2 grade lumber of any
species.
C. For concealed boards, provide lumber with 19 percent maximum moisture content and the
following species and grades:
1. Hem-fir or hem-fir (north); Construction or No. 2 Common grade; NLGA, WCLIB, or
WWPA.
D. For blocking not used for attachment of other construction, Utility, Stud, or No. 3 grade
lumber of any species may be used provided that it is cut and selected to eliminate defects
that will interfere with its attachment and purpose.
E. For blocking and nailers used for attachment of other construction, select and cut lumber to
eliminate knots and other defects that will interfere with attachment of other work.
F. For furring strips for installing plywood or hardboard paneling, select boards with no knots
capable of producing bent-over nails and damage to paneling.
2.5 PLYWOOD BACKING PANELS
A. Equipment Backing Panels: DOC PS 1, Exposure 1, C-D Plugged, fire-retardant treated, in
thickness indicated or, if not indicated, not less than 3/4-inch nominal thickness.
2.6 FASTENERS
A. General: Provide fasteners of size and type indicated that comply with requirements specified
in this article for material and manufacture.
1. Where rough carpentry is exposed to weather, in ground contact, pressure-
preservative treated, or in area of high relative humidity, provide fasteners with hot-dip
zinc coating complying with ASTM A 153/A 153M.
B. Nails, Brads, and Staples: ASTM F 1667.
C. Power-Driven Fasteners: NES NER-272.
D. Wood Screws: ASME B18.6.1.
E. Lag Bolts: ASME B18.2.1.
F. Bolts: Steel bolts complying with ASTM A 307, Grade A; with ASTM A 563 hex nuts and,
where indicated, flat washers.
G. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated below with
capability to sustain, without failure, a load equal to six times the load imposed when
installed in unit masonry assemblies and equal to four times the load imposed when
installed in concrete as determined by testing per ASTM E 488 conducted by a qualified
independent testing and inspecting agency.
1. Material: Carbon-steel components, zinc plated to comply with ASTM B 633, Class
Fe/Zn 5.
2.7 MISCELLANEOUS MATERIALS
A. Sill-Sealer Gaskets: Glass-fiber-resilient insulation, fabricated in strip form, for use as a sill
sealer; 1-inch nominal thickness, compressible to 1/32 inch; selected from manufacturer's
standard widths to suit width of sill members indicated.
B. Sill-Sealer Gaskets: Closed-cell neoprene foam, 1/4 inch thick, selected from manufacturer's
standard widths to suit width of sill members indicated.
C. Flexible Flashing: Composite, self-adhesive, flashing product consisting of a pliable, butyl
rubber compound, bonded to a high-density polyethylene film, aluminum foil, or spunbonded
polyolefin to produce an overall thickness of not less than 0.025 inch.
D. Adhesives for Gluing Furring to Concrete or Masonry: Formulation complying with ASTM D
3498 that is approved for use indicated by adhesive manufacturer.
1. Adhesives shall have a VOC content of 70 g/L or less when calculated according to
40 CFR 59, Subpart D (EPA Method 24).
E. Water-Repellent Preservative: NWWDA-tested and -accepted formulation containing 3-iodo-
2-propynyl butyl carbamate, combined with an insecticide containing chloropyrifos as its
active ingredient.
PART 3 - EXECUTION
3.1 INSTALLATION, GENERAL
A. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and
fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit.
Locate furring, nailers, blocking, grounds, and similar supports to comply with requirements
for attaching other construction.
B. Install plywood backing panels by fastening to studs; coordinate locations with utilities
requiring backing panels. Install fire-retardant treated plywood backing panels with
classification marking of testing agency exposed to view.
C. Install sill sealer gasket to form continuous seal between sill plates and foundation walls.
D. Do not splice structural members between supports unless otherwise indicated.
E. Provide blocking and framing as indicated and as required to support facing materials,
fixtures, specialty items, and trim.
1. Provide metal clips for fastening gypsum board or lath at corners and intersections
where framing or blocking does not provide a surface for fastening edges of panels.
Space clips not more than 16 inches o.c.
F. Provide fire blocking in furred spaces, stud spaces, and other concealed cavities as indicated
and as follows:
1. Fire block furred spaces of walls, at each floor level, at ceiling, and at not more than
96 inches o.c. with solid wood blocking or noncombustible materials accurately fitted
to close furred spaces.
2. Fire block concealed spaces of wood-framed walls and partitions at each floor level, at
ceiling line of top story, and at not more than 96 inches o.c. Where fire blocking is not
inherent in framing system used, provide closely fitted solid wood blocks of same
width as framing members and 2-inch nominal- thickness.
3. Fire block concealed spaces behind combustible cornices and exterior trim at not
more than 20 feet o.c.
G. Sort and select lumber so that natural characteristics will not interfere with installation or with
fastening other materials to lumber. Do not use materials with defects that interfere with
function of member or pieces that are too small to use with minimum number of joints or
optimum joint arrangement.
H. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative-treated
lumber.
1. Use inorganic boron for items that are continuously protected from liquid water.
2. Use copper naphthenate for items not continuously protected from liquid water.
I. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated,
complying with the following:
1. Table 2304.9.1, "Fastening Schedule," in ICC's International Building Code.
2. Table R602.3(1), "Fastener Schedule for Structural Members," and Table R602.3(2),
"Alternate Attachments," in ICC's International Residential Code for One- and Two-
Family Dwellings.
J. Use steel common nails unless otherwise indicated. Select fasteners of size that will not fully
penetrate members where opposite side will be exposed to view or will receive finish
materials.
Make tight connections between members. Install fasteners without splitting wood. Drive
nails snug but do not countersink nail heads unless otherwise indicated.
3.2 WOOD GROUND, BLOCKING, AND NAILER INSTALLATION
A. Install where indicated and where required for screeding or attaching other work. Form to
shapes indicated and cut as required for true line and level of attached work. Coordinate
locations with other work involved.
B. Attach items to substrates to support applied loading. Recess bolts and nuts flush with
surfaces unless otherwise indicated.
C. Where wood-preservative-treated lumber is installed adjacent to metal decking, install
continuous flexible flashing separator between wood and metal decking.
D. Provide permanent grounds of dressed, pressure-preservative-treated, key-beveled lumber
not less than 1-1/2 inches wide and of thickness required to bring face of ground to exact
thickness of finish material. Remove temporary grounds when no longer required.
3.3 WOOD FURRING INSTALLATION
A. Install level and plumb with closure strips at edges and openings. Shim with wood as
required for tolerance of finish work.
B. Furring to Receive Plywood or Hardboard Paneling: Install 1-by-3-inch nominal- size furring
horizontally at 24 inches o.c.
C. Furring to Receive Gypsum Board: Install 1-by-2-inch nominal- size furring vertically at 16
inches o.c.
3.4 PROTECTION
A. Protect wood that has been treated with inorganic boron (SBX) from weather. If, despite
protection, inorganic boron-treated wood becomes wet, apply EPA-registered borate
treatment.
Apply borate solution by spraying to comply with EPA-registered label.
B. Protect rough carpentry from weather. If, despite protection, rough carpentry becomes
sufficiently wet that moisture content exceeds that specified, apply EPA-registered borate
treatment. Apply borate solution by spraying to comply with EPA-registered label.
END OF SECTION 061000
SECTION 076200 - SHEET METAL FLASHING AND TRIM
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions Specification Sections, apply to this Section.
1.2 SUMMARY
A. Scope of Work to Include:
1. The contractor/subcontractor for this work, shall provide all labor, materials,
transportation, protection, apparatus, tools, equipment, incidentals, warranty, and
items necessary to provide and install, complete in all respects, all SHEET METAL
FLASHING AND TRIM as detailed on drawings and/or required herein.
B. Section Includes:
1. Formed low-slope roof sheet metal fabrications.
2. Formed wall sheet metal fabrications.
C. Related Requirements:
1. Section 061000 "Rough Carpentry" for wood nailers, curbs, and blocking.
2. Section 075423 "Thermoplastic Polyolefin (TPO) Roofing" for materials and
installation of sheet metal flashing and trim integral with roofing.
1.3 COORDINATION
A. Coordinate sheet metal flashing and trim layout and seams with sizes and locations of
penetrations to be flashed, and joints and seams in adjacent materials.
B. Coordinate sheet metal flashing and trim installation with adjoining roofing and wall materials,
joints, and seams to provide leakproof, secure, and noncorrosive installation.
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product.
1. Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for each manufactured product and accessory.
B. Shop Drawings: For sheet metal flashing and trim.
1. Include plans, elevations, sections, and attachment details.
2. Detail fabrication and installation layouts, expansion-joint locations, and keyed details.
Distinguish between shop- and field-assembled work.
3. Include identification of material, thickness, weight, and finish for each item and
location in Project.
4. Include details for forming, including profiles, shapes, seams, and dimensions.
5. Include details for joining, supporting, and securing, including layout and spacing of
fasteners, cleats, clips, and other attachments. Include pattern of seams.
6. Include details of termination points and assemblies.
7. Include details of expansion joints and expansion-joint covers, including showing
direction of expansion and contraction from fixed points.
8. Include details of roof-penetration flashing.
9. Include details of edge conditions, including eaves, ridges, valleys, rakes, crickets,
and counterflashings as applicable.
10. Include details of special conditions.
11. Include details of connections to adjoining work.
C. Samples for Initial Selection: For each type of sheet metal and accessory indicated with
factory-applied finishes.
D. Samples for Verification: For each type of exposed finish.
1. Sheet Metal Flashing: 12 inches long by actual width of unit, including finished seam
and in required profile. Include fasteners, cleats, clips, closures, and other
attachments.
2. Trim, Metal Closures, Expansion Joints, Joint Intersections, and Miscellaneous
Fabrications: 12 inches long and in required profile. Include fasteners and other
exposed accessories.
1.5 INFORMATIONAL SUBMITTALS
A. Qualification Data: For fabricator.
B. Product Certificates: For each type of coping and roof edge flashing that is SPRI ES-1 tested.
1.6 CLOSEOUT SUBMITTALS
A. Maintenance Data: For sheet metal flashing and trim, and its accessories, to include in
maintenance manuals.
1.7 QUALITY ASSURANCE
A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing
and trim similar to that required for this Project and whose products have a record of
successful in-service performance.
1. For copings and roof edge flashings that are SPRI ES-1 tested, shop shall be listed as
able to fabricate required details as tested and approved.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Do not store sheet metal flashing and trim materials in contact with other materials that might
cause staining, denting, or other surface damage. Store sheet metal flashing and trim
materials away from uncured concrete and masonry.
B. Protect strippable protective covering on sheet metal flashing and trim from exposure to
sunlight and high humidity, except to extent necessary for period of sheet metal flashing and
trim installation.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, structural
movement, thermally induced movement, and exposure to weather without failure due to
defective manufacture, fabrication, installation, or other defects in construction. Completed
sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight.
B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing
Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimensions
and profiles shown unless more stringent requirements are indicated.
C. SPRI Wind Design Standard: Manufacture and install copings tested according to SPRI ES-1
and capable of resisting the following design pressure:
1. Design Pressure: As indicated on Drawings.
D. Recycled Content of Zinc-Sheet Flashing and Trim: Postconsumer recycled content plus
one-half of preconsumer recycled content not less than 15 percent.
E. Thermal Movements: Allow for thermal movements from ambient and surface temperature
changes to prevent buckling, opening of joints, overstressing of components, failure of joint
sealants, failure of connections, and other detrimental effects. Base calculations on surface
temperatures of materials due to both solar heat gain and nighttime-sky heat loss.
1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces.
2.2 SHEET METALS
A. General: Protect mechanical and other finishes on exposed surfaces from damage by
applying strippable, temporary protective film before shipping.
B. Stainless-Steel Sheet: ASTM A 240/A 240M or ASTM A 666, Type 304, dead soft, fully
annealed; with smooth, flat surface.
1. Finish: 2B (bright, cold rolled).
C. Metallic-Coated Steel Sheet: Provide zinc-coated (galvanized) steel sheet according to
ASTM A 653/A 653M, G90 coating designation; prepainted by coil-coating process to
comply with ASTM A 755/A 755M.
1. Surface: Embossed and with manufacturer's standard clear acrylic coating on both
sides.
2. Exposed Coil-Coated Finish:
a. Three-Coat Fluoropolymer: AAMA 621. Fluoropolymer finish containing not less
than 70 percent PVDF resin by weight in both color coat and clear topcoat.
Prepare, pretreat, and apply coating to exposed metal surfaces to comply with
coating and resin manufacturers' written instructions.
3. Color: As selected by Owner’s Representative from manufacturer's full range.
4. Concealed Finish: Pretreat with manufacturer's standard white or light-colored acrylic
or polyester backer finish, consisting of prime coat and wash coat with minimum total
dry film thickness of 0.5 mil.
2.3 UNDERLAYMENT MATERIALS
A. Felt: ASTM D 226/D 226M, Type II (No. 30), asphalt-saturated organic felt; nonperforated.
B. Self-Adhering, High-Temperature Sheet: Minimum 30 mils thick, consisting of a slip-resistant
polyethylene- or polypropylene-film top surface laminated to a layer of butyl- or SBS-
modified asphalt adhesive, with release-paper backing; specifically designed to withstand
high metal temperatures beneath metal roofing. Provide primer according to written
recommendations of underlayment manufacturer.
1. Products: Subject to compliance with requirements, available products that may be
incorporated into the Work include, but are not limited to, the following:
a. Grace Construction Products; W. R. Grace & Co.-Conn.; Grace Ice and Water
Shield HT.
b. Henry Company; Blueskin PE200 HT.
c. Kirsch Building Products, LLC; Sharkskin Ultra SA.
d. Owens Corning; WeatherLock Specialty Tile & Metal Underlayment.
e. Polyguard Products, Inc.; Deck Guard HT.
2. Thermal Stability: ASTM D 1970; stable after testing at 240 deg F or higher.
3. Low-Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 deg F or
lower.
2.4 MISCELLANEOUS MATERIALS
A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and
other miscellaneous items as required for complete sheet metal flashing and trim installation
and as recommended by manufacturer of primary sheet metal or manufactured item unless
otherwise indicated.
B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self-locking rivets and
bolts, and other suitable fasteners designed to withstand design loads and recommended by
manufacturer of primary sheet metal or manufactured item.
1. General: Blind fasteners or self-drilling screws, gasketed, with hex-washer head.
a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or
factory-applied coating. Provide metal-backed EPDM or PVC sealing washers
under heads of exposed fasteners bearing on weather side of metal.
b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for
metal being fastened.
c. Spikes and Ferrules: Same material as gutter; with spike with ferrule matching
internal gutter width.
2. Fasteners for Stainless-Steel Sheet: Series 300 stainless steel.
C. Solder:
1. For Stainless Steel: ASTM B 32, Grade Sn60, with acid flux of type recommended by
stainless-steel sheet manufacturer.
2. For Zinc-Coated (Galvanized) Steel: ASTM B 32, Grade Sn50, 50 percent tin and 50
percent lead or Grade Sn60, 60 percent tin and 40 percent lead.
D. Sealant Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealant
tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining
tape ½ inch wide and 1/8 inch thick.
E. Elastomeric Sealant: ASTM C 920, elastomeric polymer sealant; of type, grade, class, and
use classifications required to seal joints in sheet metal flashing and trim and remain
watertight.
F. Butyl Sealant: ASTM C 1311, single-component, solvent-release butyl rubber sealant;
polyisobutylene plasticized; heavy bodied for hooked-type expansion joints with limited
movement.
G. Epoxy Seam Sealer: Two-part, noncorrosive, aluminum seam-cementing compound,
recommended by aluminum manufacturer for exterior nonmoving joints, including riveted
joints.
H. Bituminous Coating: Cold-applied asphalt emulsion according to ASTM D 1187.
2.5 FABRICATION, GENERAL
A. General: Custom fabricate sheet metal flashing and trim to comply with details shown and
recommendations in cited sheet metal standard that apply to design, dimensions, geometry,
metal thickness, and other characteristics of item required. Fabricate sheet metal flashing
and trim in shop to greatest extent possible.
1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with
performance requirements, but not less than that specified for each application and
metal.
2. Obtain field measurements for accurate fit before shop fabrication.
3. Form sheet metal flashing and trim to fit substrates without excessive oil canning,
buckling, and tool marks; true to line, levels, and slopes; and with exposed edges
folded back to form hems.
4. Conceal fasteners and expansion provisions where possible. Do not use exposed fasteners
on faces exposed to view.
B. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation
to a tolerance of 1/4 inch in 20 feet on slope and location lines indicated on Drawings and
within 1/8-inch offset of adjoining faces and of alignment of matching profiles.
C. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation
to tolerances specified in MCA's "Guide Specification for Residential Metal Roofing."
D. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim.
1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep,
filled with butyl sealant concealed within joints.
2. Use lapped expansion joints only where indicated on Drawings.
E. Sealant Joints: Where movable, nonexpansion-type joints are required, form metal to provide
for proper installation of elastomeric sealant according to cited sheet metal standard.
F. Fabricate cleats and attachment devices from same material as accessory being anchored or
from compatible, noncorrosive metal.
G. Fabricate cleats and attachment devices of sizes as recommended by cited sheet metal
standard for application, but not less than thickness of metal being secured.
H. Seams: Fabricate nonmoving seams with flat-lock seams. Tin edges to be seamed, form
seams, and solder.
I. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with
elastomeric sealant unless otherwise recommended by sealant manufacturer for intended
use.
J. Seams for Aluminum: Fabricate nonmoving seams with flat-lock seams. Form seams and
seal with epoxy seam sealer.
K. Do not use graphite pencils to mark metal surfaces.
2.6 LOW-SLOPE ROOF SHEET METAL FABRICATIONS
A. Copings: Fabricate in minimum 96-inch-long, but not exceeding 12-foot-long, sections.
Fabricate joint plates of same thickness as copings. Furnish with continuous cleats to support
edge of external leg and drill elongated holes for fasteners on interior leg. Miter corners, fasten
and seal watertight. Shop fabricate interior and exterior corners.
1. Joint Style: Butted with expansion space and 6-inch-wide, concealed backup plate.
2. Fabricate from the Following Materials:
a. Galvanized Steel: 0.040 inch thick.
B. Base Flashing: Shop fabricate interior and exterior corners. Fabricate from the following
materials:
1. Stainless Steel: 0.019 inch thick.
C. Counterflashing: Shop fabricate interior and exterior corners. Fabricate from the following
materials:
1. Stainless Steel: 0.019 inch thick.
D. Roof-Penetration Flashing: Fabricate from the following materials:
1. Galvanized Steel: 0.028 inch thick.
2.7 WALL SHEET METAL FABRICATIONS
A. Through-Wall Flashing: Fabricate continuous flashings in minimum 96-inch-long, but not
exceeding 12-foot-long, sections, under copings, and at shelf angles. Fabricate
discontinuous lintel, sill, and similar flashings to extend 6 inches beyond each side of wall
openings; and form with 2-inch-high, end dams. Fabricate from the following materials:
1. Stainless Steel: 0.016 inch thick.
B. Opening Flashings in Frame Construction: Fabricate head, sill, and similar flashings to
extend 4 inches beyond wall openings. Form head and sill flashing with 2-inch-high, end
dams. Fabricate from the following materials:
1. Stainless Steel: 0.016 inch thick.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with
requirements for installation tolerances, substrate, and other conditions affecting
performance of the Work.
1. Verify compliance with requirements for installation tolerances of substrates.
2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely
anchored.
3. Verify that air- or water-resistant barriers have been installed over sheathing or
backing substrate to prevent air infiltration or water penetration.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 UNDERLAYMENT INSTALLATION
A. Felt Underlayment: Install felt underlayment, wrinkle free, using adhesive to minimize use of
mechanical fasteners under sheet metal flashing and trim. Apply in shingle fashion to shed
water, with lapped joints of not less than 2 inches.
B. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free.
Prime substrate if recommended by underlayment manufacturer. Comply with temperature
restrictions of underlayment manufacturer for installation; use primer for installing underlayment
at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6
inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches.
Roll laps and edges with roller. Cover underlayment within 14 days.
3.3 INSTALLATION, GENERAL
A. General: Anchor sheet metal flashing and trim and other components of the Work securely in
place, with provisions for thermal and structural movement. Use fasteners, solder, protective
coatings, separators, sealants, and other miscellaneous items as required to complete sheet
metal flashing and trim system.
1. Install sheet metal flashing and trim true to line, levels, and slopes. Provide uniform,
neat seams with minimum exposure of solder, welds, and sealant.
2. Install sheet metal flashing and trim to fit substrates and to result in watertight
performance. Verify shapes and dimensions of surfaces to be covered before
fabricating sheet metal.
3. Space cleats not more than 12 inches apart. Attach each cleat with at least two
fasteners. Bend tabs over fasteners.
4. Install exposed sheet metal flashing and trim with limited oil canning, and free of
buckling and tool marks.
5. Torch cutting of sheet metal flashing and trim is not permitted.
6. Do not use graphite pencils to mark metal surfaces.
B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts
pressure-treated wood or other corrosive substrates, protect against galvanic action or
corrosion by painting contact surfaces with bituminous coating or by other permanent
separation as recommended by sheet metal manufacturer or cited sheet metal standard.
1. Coat concealed side of and stainless-steel sheet metal flashing and trim with
bituminous coating where flashing and trim contact wood, ferrous metal, or
cementitious construction.
2. Underlayment: Where installing sheet metal flashing and trim directly on cementitious
or wood substrates, install underlayment and cover with slip sheet.
C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space
movement joints at maximum of 10 feet with no joints within 24 inches of corner or
intersection.
1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep,
filled with sealant concealed within joints.
2. Use lapped expansion joints only where indicated on Drawings.
D. Fasteners: Use fastener sizes that penetrate substrate not less than recommended by
fastener manufacturer to achieve maximum pull-out resistance.
E. Conceal fasteners and expansion provisions where possible in exposed work and locate to
minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight
installation.
F. Seal joints as required for watertight construction.
1. Use sealant-filled joints unless otherwise indicated. Embed hooked flanges of joint
members not less than 1 inch into sealant. Form joints to completely conceal sealant.
When ambient temperature at time of installation is between 40 and 70 deg F, set
joint members for 50 percent movement each way. Adjust setting proportionately for
installation at higher ambient temperatures. Do not install sealant-type joints at
temperatures below 40 deg F.
2. Prepare joints and apply sealants to comply with requirements in Section 079200
"Joint Sealants."
G. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pre-tin
edges of sheets with solder to width of 1-1/2 inches; however, reduce pre-tinning where pre-
tinned surface would show in completed Work.
1. Do not solder metallic-coated steel sheet.
2. Do not use torches for soldering.
3. Heat surfaces to receive solder, and flow solder into joint. Fill joint completely.
Completely remove flux and spatter from exposed surfaces.
4. Stainless-Steel Soldering: Tin edges of uncoated sheets, using solder for stainless
steel and acid flux. Promptly remove acid flux residue from metal after tinning and
soldering. Comply with solder manufacturer's recommended methods for cleaning
and neutralization.
3.4 ROOF FLASHING INSTALLATION
A. General: Install sheet metal flashing and trim to comply with performance requirements,
sheet metal manufacturer's written installation instructions, and cited sheet metal standard.
Provide concealed fasteners where possible, and set units true to line, levels, and slopes.
Install work with laps, joints, and seams that are permanently watertight and weather
resistant.
B. Copings: Anchor to resist uplift and outward forces according to recommendations in cited
sheet metal standard unless otherwise indicated.
1. Interlock exterior bottom edge of coping with continuous cleat anchored to substrate
at 24-inch centers.
2. Anchor interior leg of coping with washers and screw fasteners through slotted holes
at 24-inch centers.
C. Copings: Anchor to resist uplift and outward forces according to recommendations in FM
Global Property Loss Prevention Data Sheet 1-49 for specified FM Approvals' listing for
required windstorm classification.
D. Pipe or Post Counterflashing: Install counterflashing umbrella with close-fitting collar with top
edge flared for elastomeric sealant, extending minimum of 4 inches over base flashing.
Install stainless-steel draw band and tighten.
E. Counterflashing: Coordinate installation of counterflashing with installation of base flashing.
Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend
counterflashing 4 inches over base flashing. Lap counterflashing joints minimum of 4 inches.
Secure in waterproof manner by means of snap-in installation and sealant or lead wedges
and sealant unless otherwise indicated.
F. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with installation
of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing
to pipes that penetrate roof.
3.5 WALL FLASHING INSTALLATION
A. General: Install sheet metal wall flashing to intercept and exclude penetrating moisture
according to cited sheet metal standard unless otherwise indicated. Coordinate installation
of wall flashing with installation of wall-opening components such as windows, doors, and
louvers.
B. Through-Wall Flashing: Installation of through-wall flashing is specified in Section 042000
"Unit Masonry."
C. Opening Flashings in Frame Construction: Install continuous head, sill, and similar flashings
to extend 4 inches beyond wall openings.
3.6 ERECTION TOLERANCES
A. Installation Tolerances: Shim and align sheet metal flashing and trim within installed
tolerance of 1/4 inch in 20 feet on slope and location lines indicated on Drawings and within
1/8-inch offset of adjoining faces and of alignment of matching profiles.
B. Installation Tolerances: Shim and align sheet metal flashing and trim within installed
tolerances specified in MCA's "Guide Specification for Residential Metal Roofing."
3.7 CLEANING AND PROTECTION
A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and
weathering.
B. Clean and neutralize flux materials. Clean off excess solder.
C. Clean off excess sealants.
D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim
are installed unless otherwise indicated in manufacturer's written installation instructions. On
completion of sheet metal flashing and trim installation, remove unused materials and clean
finished surfaces as recommended by sheet metal flashing and trim manufacturer. Maintain
sheet metal flashing and trim in clean condition during construction.
E. Replace sheet metal flashing and trim that have been damaged or that have deteriorated
beyond successful repair by finish touchup or similar minor repair procedures.
END OF SECTION 076200
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
II Non State
Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
Yes3
Yes3
Those imposed
on non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17