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HomeMy WebLinkAbout541003 ECI SITE CONSTRUCTION MANAGEMENT INC - CONTRACT - AGREEMENT MISC - ECI SITE CONSTRUCTION MANAGEMENT INCOfficial Purchasing Document Last updated 10/2017 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ECI SITE CONSTRUCTION MANAGEMENT, INC., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of thirteen (13) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon execution of this agreement. Services shall be completed no later than January 31, 2018. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: ECI Site Construction Management, Inc. Attn: Ted Johnson 2526 14th St SE Loveland, CO 80537 City of Fort Collins Attn: Tisha McRae-Dwyer PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Misc Services Agreement - MAX BRT Emblem Replacement Page 1 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Nine Thousand Six Hundred and Ninety- Eight dollars ($9,698) as per the attached Exhibit B, consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work Misc Services Agreement - MAX BRT Emblem Replacement Page 2 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting Misc Services Agreement - MAX BRT Emblem Replacement Page 3 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Misc Services Agreement - MAX BRT Emblem Replacement Page 4 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 20. Federal Requirements. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D – Federal Terms and Conditions, including Davis Bacon Wage rate schedule and consisting of thirty (30) pages, attached hereto and incorporated herein by this reference. Misc Services Agreement - MAX BRT Emblem Replacement Page 5 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: ECI SITE CONSTRUCTION MANAGEMENT, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Misc Services Agreement - MAX BRT Emblem Replacement Page 6 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 12/15/2017 President Ted Johnson Assistant City Attorney 12/15/2017 Chief Deputy City Clerk Official Purchasing Document Last updated 10/2017 EXHIBIT A SCOPE OF SERVICES MAX BRT Paver Station Replacement Scope of Work: 1) Remove thirty-eight (38) 2’ x 2’ concrete pavers (handicap and bike emblems) from twenty-one (21) MAX BRT stations. See the included spreadsheet defining the type of paver replacement at each station. 2) Place bedding sand. 3) Install new pavers per the included submittal information numbered 331 and specifications. 4) Place polymeric sand to fill joints. Pedestrian and bus access to the stations must be maintained throughout the duration of the project. Misc Services Agreement - MAX BRT Emblem Replacement Page 7 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 City of Fort Collins MAX BRT Paver Replacements MAX Location Bike Handi Total DTC 1 1 2 Mountain South 1 1 2 Mountain North 1 1 2 Olive South 1 1 2 Mulberry North 1 1 2 Laurel North 1 1 2 Laurel South 1 1 University South 1 1 2 University North 1 1 Prospect North 1 1 2 Prospect South 1 1 2 Spring Creek South 1 1 Drake North 1 1 Drake South 1 1 Swallow South 1 1 2 Swallow North 1 1 2 Horsetooth North 1 1 Horsetooth South 1 1 2 Troutman North 1 1 2 Troutman South 1 1 2 Harmony South 1 1 2 Harmony North 1 1 2 Total 19 19 38 Misc Services Agreement - MAX BRT Emblem Replacement Page 1 of 1 Page 8 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 T R A N S M I T T A L (Submittal or Shop Drawing Review) NO. 331 TO: Ryan Dickinson CEI 2027 W. Colfax Ave. Denver, CO 80204 PROJECT: Mason Corridor – MAX BRT DATE SUBMITTED: January 18, 2013 DATE COMMENTS DUE: February 1, 2013; returned February 9, 2013 TRANSMITTED: REMARKS: COPY TO: SIGNED: Keith Meyer, P.E.  For Approval  For Your Review  As Requested  For Your Use  Approved As Submitted  Approved As Noted  Resubmit  Return for Correction  Prints Returned  Submit Copies for Distribution  Return Corrected Prints  Other  Shop Drawings  Catalogs  Price Proposal  Prints  Plans  Product Samples  Specifications  Copies  Other Stations Stops – 321400-02 – Unit Paving Product Data– submittal review Ryan - The referenced submittal has been reviewed. Please note any comments attached as posted to the SharePoint site. file Misc Services Agreement - MAX BRT Emblem Replacement Page 9 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 City of Fort Collins Comments: 1. Reviewed according to Ditesco comments below. Date: Reviewer: Michael Baker Comments: 1. Not reviewed. Date: Reviewer: Ditesco/CH2M HILL Comments: 1. Approved as noted. 2. Plaza Stone is approved for use on the BRT project. Provide Standard paver finish. 3. Provide blend (Three tone brown, Antique terra cotta and Old town blend) according to WCD034. 4. Provide Random 28 installation pattern. 5. Provide pavers of color as outlined in the approved finish schedule per platform location. Date: February 9, 2013 Reviewer: Keith Meyer Other Comments: 1. Date: Reviewer: Misc Services Agreement - MAX BRT Emblem Replacement Page 10 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Misc Services Agreement - MAX BRT Emblem Replacement Page 11 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Concrele Express, lnc. Project: MAX BRT Contract#7332 Construdian Manager: General Contractor: Signature: fuea for Notarization l'lttrr{i r,\e i:, (C', t'('b;+ti BUY AMERICA CERTIFICATE OF COMPLIANCE DitescolCHZMHill Keith Meyer, PE Concrete Fxpress Inc. Ryan Dickinson, PM product:TrtYttftctr,pk {, r' q r,'1'.} Manuracturer,'iA( ('>frt'r t ( ManuracturcrAddress flC I ./- ?0h -/jtc L,J.,, rLr,X -{*n{L{' /o*i{eY-'q' Jo& DAwN LweE NorARy puer-,C :t1}1ii5:r,?t*?s, Product Catatos uO: (i f A d ProductPlaceof Orlgin:'l'L,tt i\H), ( C, a-. J L*liy that tk 4we lieted, prolGd @t€ials c@p].y riEb Ele requireeats ot Y Ntntrat .i-rrrrr( 'r'r i,li71,rcl'rrcrS ilSlorlS,: . 5Vt'' \1, ^'-- bL,,,,,,1 t+.)ihhL:*t 'uUC: lt'l ; t'hhl l,?dt'. rrrY"rl comrinssrou exiin Eif ridus r 1 o, 2a 1 6 Misc Services Agreement - MAX BRT Emblem Replacement Page 12 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Concrete Pave Stones Plaza Stone Series IMPROVING YOUR LANDSCAPE™ Misc Services Agreement - MAX BRT Emblem Replacement Page 13 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Plaza Stone is a timeless paving stone with an impressionistic embossed surface profile. It creates a gentle and warm effect by combining the soft curved edges of the rectangular and square stones. Plaza Stone is available in many colors and in standard or Heritage™ Series (tumbled) finish to accommodate the most discriminating tastes and desires. Plaza Stone uses large-scale patterns to create interest and drama to commercial landscaping, while the stone’s texture and patternharmonize with surrounding buildings and site furnishings. Plaza Stone Series COMPOSITION AND MANUFACTURE 1. Excavate unsuitable, unstable or unconsolidated subgrade material and compact the area which has been cleared. Backfill and level with dense graded aggregate suitable for base material (typically 4 in. to 8 in. (101mm to 202mm) of compacted base for light vehicular and pedestrian traffic) or as otherwise directed by Site Engineer/ Architect/ Landscape Architect. 2. Place bedding course of washed sand conforming to the grading requirements of ASTM C-33 to a uniform depth of 1-11 /2 in. (25-38mm) screeded to the grade and profile required. 3. Install Plaza Stone with joints approximately 1 /8 in. (3mm). 4. Where required, cut pave stones with an approved cutting device to fit accurately, neatly and without damaged edges. 5. Tamp pave stones with a plate compactor, uniformly level, true to grade and free of movement. 6. Spread sand to 1 /8 in. (3mm) thickness over entire paving area. Heritage™ Series may require joint sand stabilization. 7. Make one more pass with plate compactor to fill joints with sand. INSTALLATION INSTALLATION PATTERNS Complete installation & specification details are available by contacting your Pavestone Sales Representative. Note: Colors are shown as accurately as possible in brochures & samples, but due to the nature of the product, regional color differences and variables in print reproduction, colors may not match exactly. For best results in maintaining color consistency, pavers must be installed from several cubes at a time. Efflorescence, a whitish, powder-like deposit, may appear on concrete pavers. This is a natural occurrence in any concrete product and will usually wear off over time. Plaza Stone is made from a “no slump” concrete mix. Made under extreme pressure and high frequency vibrations, Plaza Stone has a compressive strength greater than 8000psi, a water absorption maximum of 5% and will meet or exceed ASTM C-936 and freeze-thaw testing per Section 8 of ASTM C-67. Heritage™ Series may not comply with ASTM C-67 freeze-thaw durability. Typical Cross Section of Concrete Pave Stone Installation Sand-Filled Joints Pave Stones Sand Base Plaza III Fan Plaza I, II & Giant Random Plaza II Runner Bond Plaza I & II Random Plaza I Muster “K” Plaza IV Circle Plaza I Runner Bond Misc Services Agreement - MAX BRT Emblem Replacement Page 14 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 APPLICATIONS General Road Construction • Parking Lots • Driveways • Patios • Bridge Underpasses • Entrance Areas • Flooring in Stables Sidewalks • Terraces • Garden Pathways • Pool Decks • Pedestrian Malls • Roof Gardens *Fractional dimensions are nominal. Plaza Stone Heritage™ Series is sold on pallets or in bags. There is approximately the same square feet/pallet in each bagged product after tumbling. Packaging may vary from plant to plant. Contact your Pavestone Company manufacturer for packaging details. PRODUCT INFORMATION Plaza Stone is available in eight (8) sizes. Height/Thickness 60mm = 2 3 /8", 80mm = 3 1 /8"* Available in standard and Heritage™ tumbled finishes. Plaza Stone Large Rectangles Only Nominal Dimensions 5 7 /16" W x 8 3/16 " L 138mm x 208mm Height/Thickness 2 3 /8" = 60mm 3 1/8 " = 80mm Wt./Stone 8.866 lbs. 11.48 lbs. Stones/Sq.Ft. 3.2 3.2 Stones/Pallet 300 240 Approx. Wt./Pallet 2,660 lbs. 2,736 lbs. Sq. Ft./Pallet 95 76 Product Number 606 607 Plaza Stone Squares Only Nominal Dimensions 5 7 /16" W x 5 7/16 " L 138mm x 138mm Height/Thickness 2 3 /8" = 60mm 3 1/8 " = 80mm Wt./Stone 6 lbs. 7.4 lbs. Stones/Sq.Ft. 4.8 4.8 Stones/Pallet 480 384 Approx. Wt./Pallet 2,800 lbs. 2,880 lbs. Sq. Ft./Pallet 100 80 Product Number 646 648 Plaza I Stone Large Rec. & Squares Bundled Together Nominal Dimensions Square: 5 7 /16" W x 5 7/16 " L 138mm x 138mm Large Rec: 5 7 /16" W x 8 3/16 " L 138mm x 208mm Height/Thickness 2 3 /8" = 60mm © 2007 by Pavestone Company. All Rights Reserved. , Improving Your Landscape™ , Provencial™ Series and Heritage™ Series are trademarks of the Pavestone Company. SKU# CM 053v8 12/06 www.pavestone.com MemberSystems of ASLA and NCMA ICPI Charter Member Retaining Wall • Atlanta, GA: (770) 306-9691 • Austin/San Antonio, TX: (512) 558-7283 • Boston, MA: (508) 947-6001 • Cartersville, GA (770) 607-3345 • Charlotte, NC: (704) 588-4747 • Cincinnati, OH: (513) 474-3783 • Colorado Springs, CO: (719) 322-0101 • Dallas/Ft. Worth, TX: (817) 481-5802 • Denver, CO: (303) 287-3700 • Hagerstown, MD: (240) 420-3780 • Houston, TX: (281) 391-7283 • Kansas City, MO: (816) 524-9900 • Las Vegas, NV: (702) 221-2700 • New Orleans, LA: (985) 882-9111 • Phoenix, AZ: (602) 257-4588 • Sacramento/ Winters, CA: (530) 795-4400 • St. Louis/ Cape Girardeau, MO: (573) 332-8312 Misc Services Agreement - MAX BRT Emblem Replacement Page 16 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 HERRINGBONE (2) RUNNER BOND (7) MUSTER K (4) STACK (8) Plaza Stone 606 Installation Patterns C R E A T I N G B E A U T I F U L L A N D S C A P E S™ Misc Services Agreement - MAX BRT Emblem Replacement Page 17 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 6X9 (25%), 6X6 (25%), 4X6 & 3X6 (35%), & 9X11 (15%) RANDOM (27) TWO STONE COMBO RUNNER BOND (29) 6X9 (35%), 6X6 (23%), & 9X11 (42%) RANDOM (28) RANDOM RECTANGLE AND SQUARE (30) Plaza Stone 606 Installation Patterns C R E A T I N G B E A U T I F U L L A N D S C A P E S™ Misc Services Agreement - MAX BRT Emblem Replacement Page 18 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 6X9, 6X6, 4X6, & 3X6 PLAZA RANDOM (31) TWO STONE COMBO STACK (57) 6X9, 6X6, 4X6, 3X6, & 9X11 PLAZA RANDOM (32) Plaza Stone 606 Installation Patterns C R E A T I N G B E A U T I F U L L A N D S C A P E S™ Misc Services Agreement - MAX BRT Emblem Replacement Page 19 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 EXHIBIT B COMPENSATION Misc Services Agreement - MAX BRT Emblem Replacement Page 20 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not 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 Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Misc Services Agreement - MAX BRT Emblem Replacement Page 21 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 EXHIBIT D FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 1. 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. 2. 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 22 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS (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. Misc Services Agreement - MAX BRT Emblem Replacement Page 23 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 None Those imposed None None None None Misc Services Agreement - MAX BRT Emblem Replacement Page 24 of 51 Official Purchasing Document Last updated 10/2017 a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None unless1 non- competitive award on state pass thru to Contractor Yes, if non- competitive award or if funded thru2 5307/5309/53 11 None unless non- competitive award None unless non- competitive award 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 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 26 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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. 6. 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. 7. 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 27 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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. 8. 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 28 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. 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. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery 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 default. The Misc Services Agreement - MAX BRT Emblem Replacement Page 29 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. 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). h. 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. Misc Services Agreement - MAX BRT Emblem Replacement Page 30 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. 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. j. 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. Misc Services Agreement - MAX BRT Emblem Replacement Page 31 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 32 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. CARGO PREFERENCE REQUIREMENTS (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. 11. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that “at least partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration and/or repair, Misc Services Agreement - MAX BRT Emblem Replacement Page 33 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 34 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 35 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 36 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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, Misc Services Agreement - MAX BRT Emblem Replacement Page 37 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 38 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 39 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 40 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 41 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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. General Decision Number: CO170024 06/09/2017 CO24 Superseded General Decision Number: CO20160024 State: Colorado Construction Type: Highway Counties: Larimer, Mesa and Weld Counties in Colorado. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was 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 $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Misc Services Agreement - MAX BRT Emblem Replacement Page 42 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 Modification Number Publication Date 0 01/06/2017 1 06/09/2017 * ENGI0009-012 05/01/2017 Rates Fringes POWER EQUIPMENT OPERATOR: (3)- Drill Rig Caisson (smaller than Watson 2500 and similar)................$ 27.60 10.10 (4)-Oiler Weld County................$ 26.84 10.10 (5)-Drill Rig Caisson (Watson 2500 similar or larger).....................$ 27.92 10.10 ---------------------------------------------------------------- SUCO2011-009 09/15/2011 Rates Fringes CARPENTER Excludes Form Work..........$ 20.72 5.34 Form Work Only Larimer, Mesa..............$ 18.79 3.67 Weld.......................$ 16.54 3.90 CEMENT MASON/CONCRETE FINISHER Larimer.....................$ 16.05 3.00 Mesa........................$ 17.53 3.00 Weld........................$ 17.48 3.00 ELECTRICIAN Excludes Traffic Signalization Weld.......................$ 33.45 7.58 Traffic Signaliztion Weld.......................$ 25.84 6.66 FENCE ERECTOR Weld........................$ 17.46 3.47 GUARDRAIL INSTALLER Larmer, Weld................$ 12.89 3.39 HIGHWAY/PARKING LOT STRIPING:Painter Larimer.....................$ 14.79 3.98 Mesa........................$ 14.75 3.21 Weld........................$ 14.66 3.21 IRONWORKER, REINFORCING (Excludes Guardrail Installation) Larimer, Weld...............$ 16.69 5.45 Misc Services Agreement - MAX BRT Emblem Replacement Page 43 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 IRONWORKER, STRUCTURAL (Excludes Guardrail Installation) Larimer, Weld...............$ 18.22 6.01 LABORER Asphalt Raker Larimer....................$ 18.66 4.66 Weld.......................$ 16.72 4.25 Asphalt Shoveler............$ 21.21 4.25 Asphalt Spreader............$ 18.58 4.65 Common or General...........$ 16.29 4.25 Concrete Saw (Hand Held)....$ 16.29 6.14 Landscape and Irrigation....$ 12.26 3.16 Mason Tender- Cement/Concrete.............$ 16.29 4.25 Pipelayer Larimer....................$ 17.27 3.83 Mesa, Weld.................$ 16.23 3.36 Traffic Control (Flagger)...$ 9.55 3.05 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags)(Excludes Flaggers) Larimer, Weld..............$ 12.43 3.22 PAINTER (Spray Only).............$ 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown Larimer....................$ 26.75 5.39 Mesa,Weld..................$ 23.93 7.72 Asphalt Paver...............$ 21.50 3.50 Asphalt Roller Larimer....................$ 23.57 3.50 Mesa.......................$ 24.25 3.50 Weld.......................$ 27.23 3.50 Asphalt Spreader Larimer....................$ 25.88 6.80 Mesa, Weld.................$ 23.66 7.36 Backhoe/Trackhoe Larimer....................$ 21.46 4.85 Mesa.......................$ 19.81 6.34 Weld.......................$ 20.98 6.33 Bobcat/Skid Loader Larimer....................$ 17.13 4.46 Mesa, Weld.................$ 15.37 4.28 Boom........................$ 22.67 8.72 Broom/Sweeper Larimer....................$ 23.55 6.20 Mesa.......................$ 23.38 6.58 Weld.......................$ 23.23 6.89 Bulldozer Larimer, Weld..............$ 22.05 6.23 Mesa.......................$ 22.67 8.72 Misc Services Agreement - MAX BRT Emblem Replacement Page 44 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 Crane.......................$ 26.75 6.16 Drill Larimer, Weld..............$ 31.39 0.00 Mesa.......................$ 35.06 0.00 Forklift....................$ 15.91 4.68 Grader/Blade Larimer....................$ 24.82 5.75 Mesa.......................$ 23.42 9.22 Weld.......................$ 24.53 6.15 Guardrail/Post Driver.......$ 16.07 4.41 Loader (Front End) Larimer....................$ 20.45 3.50 Mesa.......................$ 22.44 9.22 Weld.......................$ 23.92 6.67 Mechanic Larimer....................$ 27.68 4.57 Mesa.......................$ 25.50 5.38 Weld.......................$ 24.67 5.68 Oiler Larimer....................$ 24.16 8.35 Mesa.......................$ 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) Mesa, Weld.................$ 21.33 6.99 Roller/Compactor (Dirt and Grade Compaction Larimer....................$ 23.67 8.22 Rotomill Larimer....................$ 18.59 4.41 Weld.......................$ 16.22 4.41 Scraper Larimer....................$ 21.33 3.50 Mesa.......................$ 24.06 4.13 Weld.......................$ 30.14 1.40 Screed Larimer....................$ 27.20 5.52 Mesa.......................$ 27.24 5.04 Weld.......................$ 27.95 3.50 Tractor.....................$ 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman Larimier....................$ 11.44 2.84 Mesa........................$ 16.00 5.85 Weld........................$ 16.93 3.58 TRUCK DRIVER Distributor Larimer....................$ 19.28 4.89 Mesa.......................$ 19.17 4.84 Weld.......................$ 20.61 5.27 Dump Truck Larimer....................$ 18.86 3.50 Mesa.......................$ 15.27 4.28 Weld.......................$ 15.27 5.27 Lowboy Truck Larimer....................$ 18.96 5.30 Misc Services Agreement - MAX BRT Emblem Replacement Page 45 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 Mesa,Weld..................$ 18.84 5.17 Mechanic....................$ 26.48 3.50 Multi-Purpose Specialty & Hoisting Truck Larimer, Mesa..............$ 16.65 5.46 Weld.......................$ 16.87 5.56 Pickup and Pilot Car........$ 13.93 3.68 Semi/Trailer Truck..........$ 18.39 4.13 Truck Mounted Attenuator....$ 12.43 3.22 Water Truck Larimer....................$ 19.14 4.99 Mesa.......................$ 15.96 5.27 Weld.......................$ 19.28 5.04 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 46 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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: PLUM0198-005 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 08/29/2014. 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. 08/29/2014 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/CBA rate of the union locals from which the rate is based. Misc Services Agreement - MAX BRT Emblem Replacement Page 47 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. Misc Services Agreement - MAX BRT Emblem Replacement Page 48 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 ================================================================ END OF GENERAL DECISION 13. 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 N/A % 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 49 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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. 14. 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. Misc Services Agreement - MAX BRT Emblem Replacement Page 50 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Official Purchasing Document Last updated 10/2017 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. 15. ADA ACCESS Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 16. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. Misc Services Agreement - MAX BRT Emblem Replacement Page 51 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) 4. 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. 5. 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 Misc Services Agreement - MAX BRT Emblem Replacement Page 25 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38 Stones/Pallet 240 Sq. 180 Rec. Approx. Wt./Pallet 3,080 lbs. Sq. Ft./Pallet 110 Product Number 616 Plaza II Stone Med. Rec. & Sm. Rec. Bundled Together Nominal Dimensions Med. Rec: 4 1 /16" W x 5 7/16 " L 103mm x 138mm Sm. Rec: 2 11 /16" W x 5 7/16 " L 68mm x 138mm Height/Thickness 2 3 /8" = 60mm Stones/Pallet 80 Sm. Rec. 560 Med. Rec. Approx. Wt./Pallet 2,800 lbs. Sq. Ft./Pallet 100 Product Number 626 Plaza III Stone Fan Pack (Bundled Together) Center Rec, Lg. Center Wedge, Left Wedge, Right Wedge Nominal Dimensions (A) Center Rec: 2 11 /16" W x 5 1/2 " L (B) Lg. Center Wedge: 6 1 /4" W x 5 1/2 " L 68mm x 138mm 157mm x 138mm (C) Left Wedge: 3 1 /16" W x 5 1/2 " L (D) Right Wedge: 3 1 /16" W x 5 1/2 " L 77.5mm x 138mm 77.5mm x 138mm Height/Thickness 2 3 /8" = 60mm Stones/Pallet 300 Center Rec. (A) 300 Lg. Center Wedge (B) 120 Left Wedge (C) 120 Right Wedge (D) Approx. Wt./Pallet 2,856 lbs. Sq. Ft./Pallet 102 Product Number 636 Giant Plaza Stone Nominal Dimensions 8 3 /16" W x 10 15/16 " L 208mm x 278mm Height/Thickness 2 3 /8" = 60mm Wt./Stone 17.41 lbs. Stones/Sq. Ft. 1.6 Stones/Pallet 160 Approx. Wt./Pallet 2,828 lbs. Sq. Ft./Pallet 101 Product Number 649 Plaza Stone Parkway™ Lg. Rectangles Only Nominal Dimensions 5 7 /16" W x 8 3/16 " L 138mm x 208mm Height/Thickness 2 3 /8" = 60mm Wt./Stone 8.866 lbs. Stones/Sq.Ft. 3.2 Stones/Pallet 300 Approx. Wt./Pallet 2,660 lbs. Sq. Ft./Pallet 95 Product Number 606F T Plaza Stone Parkway™ Squares Only Nominal Dimensions 5 7 /16" W x 5 7/16 " L 138mm x 138mm Height/Thickness 2 3 /8" = 60mm Wt./Stone 6 lbs. Stones/Sq.Ft. 4.8 Stones/Pallet 480 Approx. Wt./Pallet 2,800 lbs. Sq. Ft./Pallet 100 Product Number 646F T Plaza IV Stone Circle Pack (Bundled Together) Center, Lg Cir. Wedge, Sm Cir. Wedge, Small Cir. Rec., Large Cir. Rec. Nominal Dimensions (A) Center: 2 11 /16" W x 5 1/2 " L (D) Sm. Cir. Rec: 2 11 /16" W x 5 1/2 " L 68mm x 138mm 68mm x 138mm (B) Lg. Cir: Wedge 6 1 /16" W x 5 1/2 " L (E) Lg. Cir. Rec: 4 1 /8" W x 5 1/2 " L 157mm x 138mm 103mm x 138mm (C) Sm. Cir. Wedge: 4 9 /16" W x 5 1/2 " L 114.7mm x 138mm Height/Thickness 2 3 /8" = 60mm Stones/Pallet 10 Center Stone (A) 20 Lg. Cir. Wedge(B) 280 Sm. Cir. Wedge (C) 10 Sm. Cir. Rec. (D) 220 Lg. Cir. Rec. (E) Approx. Wt./Pallet 2,352 lbs. Sq. Ft./Pallet 84 Product Number 637 Misc Services Agreement - MAX BRT Emblem Replacement Page 15 of 51 DocuSign Envelope ID: 7CCD5CF9-697C-44B6-9087-5D8BFBB21E38