HomeMy Public PortalAboutORD14693 BILL NO. 2010-33
SPONSORED BY COUNCILMAN Koon
jq � 3
ORDINANCE NO. "!
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTECH &
ASSOCIATES FOR HEATING, AIR CONDITIONING AND REFRIGERATION
MAINTENANCE SERVICES.
WHEREAS, Centech & Associates has become the apparent lowest and best bid for
Heating, Air Conditioning and Refrigeration Maintenance services;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . The bid of Centech &Associates is declared to be the lowest and best
bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Centech & Associates for Heating, Air Conditioning and Refrigeration
Maintenance services.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: ur"t' w Appro , '` J;s
Presiding Officer y J1ayor
ATTEST.% APPROVED AS TO FORM:
ity Clerk `� City Counselor
CITY OF JEFFERSON
CONTRACT RENEWAL OF THE HEATING,
AIR CONDITIONING AND REFRIGERA TION AGREEMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty Street, Jefferson City, Missouri, 65101, hereinafter designated "City,"entered into an
Agreement with Centech & Associates with offices at 4316 Route CC, Jefferson City, Missouri ,.
hereinafter referred to as "Contractor," on July 15, 2010, and amended on July 21, 2011.
WHEREAS,the Agreement was for maintenance,repair and replacement services for City heating,
air conditioning and refrigeration units; and
WHEREAS, both parties wish to extend the agreement for the second of two additional one-year
renewal periods as stipulated in Paragraph 2 of the agreement dated July 15, 2010, and amend July
21, 2011.
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the
second of the two additional one-year periods to end June 14, 2013.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day
of June, 2012.
CITY OF JEFFERSON, MISSOURI CENTECH & ASSOCIATES
Mayor 1'resid
AT T: ATTEST:
City Clerk Vice-Preside
APPROVED AS TO FORM:
City ounselor
H:1C'ocitractl:ilcsLservicelbraadway wrecker scrvicv%AnrendnacntO2-01,wtid
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2494—Heating, Air Conditioning &Refrigeration Services
All Departments, Opened May 4, 2010
BIDS RECEIVED:
Centech & Associates, Jefferson City, MO
Hourly Rates as attached.
Eleven additional bidders were sent the RFB, the request was posted on the City web site
and published in the New Tribune.
FISCAL NOTE:
This request establishes firm fixed hourly rates for heating, air conditioning and
refrigeration services for all City departments on an as needed basis. The bid includes
maintenance and prevailing wage rates for normal, overtime and Sunday/Holiday hours
for commercial and residential work. For the period January 1, 2009 through December
31, 2009 a total of$65,942.26 was spent for these services. The bidder has reduced the
hourly rates for all service classifications. The total estimated cost during the first year
of this bid is $65,000.00 for all departments. Funds will be charged to a number of
accounts at the time services are requested and completed.
PAST PERFORMANCE:
Centech & Associates has held the agreement for heating, air conditioning and
refrigeration services for the past three years and has performed as specified and bid.
RECOMMENDATION:
Staff recommends award of the bid to Centech &Associates of Jefferson City, Missouri
at the hourly rates bid with an estimated total of$65,000.00 for year one. Should the City
choose to renew,the bid carries up to two additional one year periods at the prices bid for
year two and year three.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature
Purchas`Q._Xgent rec r, Co u i Develop ent
Fire Chief Folic Chief
l
rector. Parks&Recreation
Bid Number 2494 CURRENT RATES
Subject HVAC Maintenance
Dept: All City Cefttct&Associates Centech &Associates Centech&Associates Centech&Associates
Date: May 4, 2010 .1 fferso iiCity MC Jefferson City MO Jefferson City MO Jefferson City MO
PAGE 1 Year One Year Two Year Three
ITEM Unit Pile,;., Ttal,lce,r Unit Price Total Price Unit Price Total Price Unit Price Total Price
117fain,,,1Nork Wa a ,, Maint, Work Prev. Wage Maint. Work Prev. Wage Maint. Work Prev. Wage
LabrsC.R`ate! Labor,ratelt7r€ Labor Rate/hr Labor rate/hr Labor Rate/hr Labor rate/hr Labor Rate/hr Labor rate/hr
3
Cost/hour-Normal working hours
Commercial Ti $55 DQ ; $74 D(} $40.00 $76.00 $42.00 $78.00 $45.00 $80.00
Residential ,$55 00..,: $�14=0 $40.00 $76.00 $42.00 $78.04 $45.00 $80,00
Cost/hour- Overtime working hours
Commercial $66 OD $,89 Q0 $52.50 $90.00 $54.00 $92.00 $56.00 $94.00
Residential X56 OD ,' $89 O.Q $52.50 $90.00 $54.00 $92,00 $56.00 $94.00
E
Costlhour-Sunday & Holida
Commercial $79 OD $94 00 $65.00 $98.00 $67.00 $100.00 $70.00 $102.00
Residential $79 DO �� $ 4 00 $65.00 $98.00 $67.00 $100.00 $70.00 $102,00
Discount for prompt payment hone., _ ._.: none
Represent a disadvantaged bs?
no
Represent a woman owned bs? no
Cooperative procurement Cole Co „..E;'i „ es
Yes
Housing Authority
Bid is firm for SO days
573-836-2238
Fax email bid results to E ,
CITY OF JEFFERSON
HEATING, AIR CONDITIONING
AND REFRIGERATION AGREEMENT
THIS AGREEMENT made and entered this day of July, 2010, by and between the City of
Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and Centech &
Associates, Inc., hereinafter referred to as "Contractor."
WHEREAS, the City of Jefferson, Missouri, is desirous of obtaining maintenance, repair and
replacement services for City heating, air conditioning and refrigeration units; and
WHEREAS,Contractor is willing to enter into this Agreement with respect to his employment and
services upon the terms and conditions herein set forth.
NOW, THEREFORE,be it agreed as follows:
1. Scope of Services.
The work of this agreement consists of the performance of authorized heating, air conditioning and
refrigeration work for the City of Jefferson. Work required, adhering to the FTA requirements as
stipulated in Appendix A, may involve preventative maintenance, service, repairs, replacement or
related work on City heating,air conditioning and refrigeration systems which include the following
City buildings:
Whitecotton Law Enforcement Center Fire Training and Storage Building
401 Monroe, Jefferson City, MO 911 E. Miller Street,Jefferson City, MO
Water Pollution Control Plant(and related buildings) Collections System Maintenance
401 Old Mokane Road, Jefferson City,MO 2320 Hyde Parr,Jefferson City,MO
Animal Rescue Unit Fire Station No. 1
919 East Miller Street, Jefferson City,MO 621 West High, Jefferson City, MO
Fire Station No. 2 Fire Station No. 3
2400 E.McCarty, Jefferson City, MO 2104 Industrial, Jefferson City, MO
Fire Station No. 4 Fire Apparatus Building
820 Ellis Blvd., Jefferson City, MO 2320 Hyde Park,Jefferson City, MO
Fire Station No. 5 Parking Division
1005 Fairgrounds Road,Jefferson City, MO 201 Madison St.,Jefferson City,MO
Jefferson City Memorial Airport Street Division
(and related buildings) 901 E. Miller,Jefferson City, MO
City Annex Drill Tower
427 Monroe St,Jefferson City, MO 915 E. Miller,Jefferson City,MO
305 East Miller St,Jefferson City,MO
John G. Christy Building Transit/Central Maintenance Facility
320 E.McCarty, Jefferson City,MO 820 E.Miller Street, Jefferson City, MO
Binder Park- Caretakers House Memorial Park Aquatic Center
5525 Henwick Lane,Jefferson City,MO 120 Binder Drive, Jefferson City, MO
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Binder Park- Caretakers House Washington Park- Caretakers House
518 Rainbow Drive.,Jefferson City,MO 900 Indiana St., Jefferson City,MO
Binder Park- Caretakers House
5422 Rainbow Dr., Jefferson City,MO
Binder Campground- Bath House Washington Park Recreation Center
114 Campground Court,Jefferson City, MO 1203 Missouri Blvd., Jefferson City, MO
Washington Park Maintenance Building Golf Course Maintenance & Operations Center
810 Myrtle Avenue, Jefferson City, MO 930 Ellis Blvd., Jefferson City, MO
Park Maintenance &Operations Center Historic House-Riverside Park
935 Ellis Blvd.,Jefferson City, MO 401 Ellis Porter Drive, Jefferson City,MO
McClung Park-Indoor Pavilion McClung Park- Little Theater Bldg,
931 McClung Park Dr.,Jefferson City,MO 1005 Chestnut Street, Jefferson City, MO
Washington Park Ice Arena Optimist Sports Complex
(NON ICE RELATED EQUIPMENT ONLY) 2000 Optimist Ct., Jefferson City, MO
711 Kansas Avenue, Jefferson City, MO
Shikles Recreation Center(LaSalette Building) Street Division
1200 Linden Drive, Jefferson City, MO 2310 Hyde Park Road
Oak Hills Golf Course Clubhouse Church Annex
932 Ellis Blvd, 415 Monroe Street
and any other location added by the City of Jefferson after the contract has commenced.
2. Contract Period.
This contract shall be in effect from June 15, 2010 through June 14, 2011. With the consent of both
parties, the contract may be extended for two (2) additional one (1)year periods provided notice of
intent to extend is given by Contractor at least ninety(90) days prior to any expiration date.
3. Payment.
Payment shall be made to Contractor by City on a monthly basis following the submission by
Contractor of an itemized, detailed statement of services rendered, which shall be presented to the
Finance Department of the City no later than the fifth(5`�)day of the month following rendition of
the services.
4. Indemnity.
Contractor agrees to indemnify and hold harmless the City for any and all damages,injuries,actions,
costs, attorney's fees and other expenses whatsoever arising out of the performance of said work
whether the property or persons damaged are the servants and employees of the Contractor or third
parties in no manner connected with said work.
5. Response Time.
Repair service is to be provided on same day the call is received for on next regular working day. In
the event emergency service is required,after regular work day,Contractor will be paid the overtime
labor rate.
B. Prevailing Wage Law.
To the extent that the work performed by Contractor is subject to prevailing wage law,the Contractor
and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type
of workman required to execute this contract as determined by the Department of Labor and
Industrial Relations of Missouri,pursuant to Sections 290.210 through 290.340 inclusive, RSMo.
U;i[nwpa Filvksuv KailwIAHVAC Smice2010.wPI 2
7. Rates.
Service will be provided at the following rates:
maintenance work prevailing wage work
(labor rate per hour) (labor rate per hour)
YEAR ONE
COST PER HOUR
(normal working hours)
Commercial $40.00 $76.00
Residential $40.00 $76.00
COST PER HOUR,
(overtime work hours)
Commercial $52.50 $90.00
Residential $52.50 $90.00
COST PER HOUR
(overtime, Sunday and holiday)
Commercial $65.00 $98.00
Residential $65.00 $98.00
YEAR TWO
COST PER HOUR
(normal working hours)
Commercial $42.00 $78.00
Residential $42.00 $78.00
COST PER HOUR
(overtime work hours)
Commercial $54.00 $92.00
Residential $54.00 $92.00
COST PER HOUR
(overtime, Sunday and holiday)
Commercial $67.00 $100.00
Residential $67.00 $100.00
YEAR THREE
COST PER HOUR
(normal working hours)
Commercial $45.00 $80.00
Residential $45.00 $80.00
COST PER HOUR
(overtime work hours)
Commercial $56.00 $94.00
Residential $56.00 $94.00
COST PER HOUR
(overtime, Sunday and holiday)
Commercial $70.00 $102.00
Residential $70.00 $102.00
❑ACnnImi AT,,l1ar 1 iCMIMMVAC 2(110.wryl
S. Parts and Materials.
In the event the City does not provide materials or supplies, the Contractor shall provide same and
will be reimbursed for his costs for which he shall provide invoices. All work shall be according to the
provisions of the appropriate codes and regulations of the City, state and federal governments.
9. Unclassified Work.
Should the nature of a repair require labor, equipment and/or material not susceptible to
classification under any items scheduled in the contract, the City can authorize the use of the
unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and
the repairs plus reasonable travel time and will consist of the individual's hourly rate plus hourly
fringe benefits plus employer's payroll contributions with a fifteen percent (15%) additional for
overhead and profit.
Payment for equipment not susceptible to classification under any scheduled items in the contract,
will be limited to:
A. For equipment rented by the vendor, the actual rental paid plus fifteen percent
(15%) for overhead and profit.
B. For equipment owned by the vendor,the monthly rental rate charged by recognized
rental organizations times the number of hours the equipment was necessary for
repairs plus reasonable travel time from the storage location to the site, all divided
by one hundred seventy-six(176) hours.
Payment for material not susceptible to classification under any scheduled items in the proposal will
be applicable column price plus fifteen percent(15%)for overhead and profit.
Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the
unclassified labor, equipment and/or material. The breakdown shall include information and
documentation sufficient to substantiate the Contractor's claim.
10. Inspection.
Unless the nature and extent of the work is known to the City, the Contractor will first receive a
request to inspect the proposed work and provide a written report of the following to Purchasing
Agent or his designee:
A. Description of the work necessary.
B. A list of the materials, parts, and supplies needed to complete the work.
C. An estimate of wort:hours.
11. Authorization to Repair.
Once the Department Director determines the estimate of work hours and material, parts and
supplies required are reasonable, the report will be forwarded to the appropriate department for
preparation of a requisition for the work.
In the event that the repair is of an emergency nature, Contractor shall proceed to make the repair
as expeditiously as possible and secure all necessary paperwork after the repair is completed.
12. Reports.
The contractor shall maintain a monthly log of all service performed that month,if any. The monthly
log shall remain on the premises of each building at a mutually agreed upon location accessible to
both the contractor and the designated contact person for each City building.
The City shall maintain a monthly log of any service inadequately performed. The contractor shall
review this monthly log and correct services within twenty-four (24)hours that were inadequately
performed. The contractor must indicate on this form that he has corrected the service that was
UXiinlroa Fil�L-esricLlCaiimKHVAC Su ILC?Illll.PJ -
inadequately performed. The log will be located in each building accessible to both the contractor and
the City contact person for each building.
13. Visit Notice.
Contractor shall sign in at site locations and enter the date and time in the time out of each service
visit, the name and service level (shopman, journeyman, etc.) Of the individual performing the
service.
14. Identification.
Employees of the contract shall have proper identification and present same prior to servicing.
Identification must show the employee's service level(shopman,journeyman, etc.)
15. Normal Work Hours.
Normal working hours are 8:00 a.m.to 5:00 p.m.on weekdays. Overtime hours are 5:00 p.m.to 8:00
a.m., weekdays;Saturday, Sunday and Holiday hours from 12:01 a.m. to 12:00 p.m.
The quantity of work during normal work hours for which payment will be made will be for work man
hours actually performed at the site.
Payment for normal work hours will be paid for the quantity as above determined at the unit price
shown above, which price includes cost of labor, equipment normally associated with the type of
repair,travel,benefits,overhead,profit,insurance and else necessary therefor and incidental thereto.
16. Overtime Work Hours.
The quantity of work during the overtime work hours for which payment will be made will be the
number of overtime work man hours actually performed at the site.
Payment for overtime work hours will be paid for the quantity as above determined at the unit price
bid for the item overtime work hours,in the proposal,which price includes costs of labor,equipment
normally associated with the type of repairs,travel,benefits,overhead,profit,insurance and all else
necessary therefore and incidental thereto.
17. Insurance.
Contractor agrees to obtain and maintain throughout the term of this contract
A. Workmen's Compensation Insurance for all of its employees to be engaged in work.
under this contract.
B. Contractor's Public Liability Insurance in an amount not less than$2,000,000 for all
claims arising out of a single occurrence and$300,000 for any one person in a single
accident or occurrence, except for those claims governed by the provisions of the
Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's
Property Damage Insurance in an amount not less than$2,000,000 for all claims
arising out of a single accident or occurrence and$300,000 for any one person in a
single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than$2,000,000 for all claims
arising out of a single accident or occurrence and$300,000 for any one person in a
single accident or occurrence.
D. Owner's Protective Liability Insurance-The Contractor shall also obtain at its own
expense and deliver to the City an Owner's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an amount not less than$2,000,000
for all claims arising out of a single accident or occurrence and$300,000 for any one
person in a single accident or occurrence, except for those claims governed by the
provisions of the Missouri Workmen's Compensation Law,Chapter 287, RSMo. No
policy will be accepted which excludes liability for damage to underground structures
or by reason of blasting, explosion or collapse.
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E. Subcontracts-In case any or all of this work is sublet, the Contractor shall require
the Subcontractor to procure and maintain all insurance required in Subparagraphs
(a), (b), and(c) hereof and in like amounts.
F. The Certificates of Insurance furnished to the City showing proof of compliance with
these insurance requirements shall contain a provision that coverage under such
policies shall not be canceled or materially changed until at least fifteen days prior
written notice has been given to the City.
18. Performance Bond.
This contract is to include all maintenance and new units that are bid and will be approximately
$50,000.00 per year. A performance and payment bond in an amount equivalent to one hundred
percent (100%,) of the contract price, must be furnished and executed by the successful bidder or
bidders. The issuing surety shall be a corporate Surety Company or companies of recognized standing
licensed to do business in the State of Missouri and acceptable to the City of Jefferson.
19. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f. General Provisions
b. Addenda g. Special Provisions
C. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawings and/or sketches
e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph, form the Contract between the
parties, These documents are as fully a part of the contract as if attached hereto or repeated herein.
20. Reserved Ri hts of the City.
The City reserves the right to separate any individual unit or location from coverage in this contract
and to pursue any other methods of servicing that it desires.
21. Failure to Perform.
Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet any of the
contract provisions, this contract may be canceled at the sole option of the City upon giving five (5) days
written notice to Contractor.
22. Illegal Imniiaration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall
provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to
Proceed
23. OSHA Training.
a. Contractor shall provide a ten-hour Occupational Safety and Health Administration
(OSHA)construction safety program for their on-site employees which includes a course
in construction safety and health approved by OSHA or a similar program approved by
the department which is at least as stringent as an approved OSHA program.
b. All employees subject to this provision are required to complete the program within sixty
days of beginning work on such construction project.
C. Any employee, agent or subcontractor of the Contractor subject to this provision found
on a worksite without documentation of the successful completion of the course shall be
afforded twenty days to produce such documentation after which time they shall be
removed from the project.
I AC-1 y NWsutiic6Cuna6WVAC Smice 2010.x7xl 6
d. if Contractor fails the provisions of subsection B, C,or D,the Contractor shall forfeit as
a penalty two thousand five hundred dollars plus one hundred dollars for each employee
employed by the contractor or subcontractor, for each calendar day, or portion thereof,
such employee is employed without the required training.The penalty shall not begin
to accrue until the time period in subsections A or B, whichever is applicable, of this
section have elapsed.
e. The City shall withhold and retain from any amount due under the contract, all sums
and amounts due and owing as a result of any violation of this section when making
payments to the contractor under the contract. The contractor may withhold from any
subcontractor, sufficient sums to cover any penalties the City has withheld from the
contractor resulting from the subcontractor's failure to comply with the terms of this
section.
24. Cancellation.
This contract,shall be subject to cancellation by the City at any time following fifteen(15)days notice.
25. Notices.
All notices, consents, authorizations, requests and statements hereunder shall be deemed to have
been properly given if delivered by and or mailed by first class United States mail,postage prepaid,
to the City of Jefferson, 320 East McCarty,Jefferson City,Missouri, 65101, and if to the Contractor
at Centech&Associates, 4316 Route CC, Jefferson City, Missouri, 65109.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year
first above written.
CITY OF JEFFERSON, MISSOURI CENTECH &ASSOCIATES
Mayan Titl�: v�s ,
A T: ATTEST:
City Cleir ' Titles
AP <D A 7 FORM:
City ounselor
U:Wunlract HI�wkaw Xaiiwh1HVAC sue«20H).wN - 7
APPENDIX A
Federal Funds To be Used
The majority of work under this agreement will be funded through City of Jefferson budgeted
funds. Work an two divisions, Transit and Central Maintenance, may be funded through the Federal
Transit Administration. As a recipient of Federal Transit Administration funds; the following
requirements shall be fully considered in preparing bids and performing any work using FTA funds.
No Obligation by the Federal Government.
(1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R.Part 31,apply to its actions pertaining to this Project.Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,it makes,
it may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed.In addition to other penalties that may be applicable,the
Contractor further acknowledges that if it makes, or causes to be made, a false,fictitious,or fraudulent
claim,statement, submission,or certification,the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded
by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA.It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
Access to Records
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(1), 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
I.Xoitm i F fl,,V, YIL'X-I WVAC 5—i-201(1.uT4 - 8 -
APPENDIX A
construction sites pertaining to a major capital project,defined at 49 U.S.C.5302(a)1,which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser,the FTA Administrator
or his authorized representatives,including any PMO Contractor,access to the Contractor's records and
construction sites pertaining to a major capital project,defined at 49 U.S.C.5302(a)1,which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified acquisition threshold
currently set at$100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
19.48, Contractor agrees to provide the Purchaser,FTA Administrator, the Comptroller General of the
United States or any of their duly authorized representatives with access to any books, documents,
papers and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4.Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a)enters into a contract for a capital project or improvement(defined at 49 U.S.C.
5302(a)1)through other than competitive bidding,the Contractor shall make available records related
to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this
contract,in which case Contractor agrees to maintain same until the Purchaser,the FTA Administrator,
the Comptroller General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
The 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 Agreement(Form FTA
MA(10)dated October,2003)between Purchaser and FTA,as they may be amended or promulgated from
time to time during the term of this contract.Contractor's failure to so comply shall constitute a material
breach of this contract.
Civil Rights
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
UAConvac[Hl�stscxvic XaawI VHVAC Smim 20 Ifl.u�+l - "
APPENDIX A
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 seg., (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)ALe -In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended,29 U.S.C. § §623 and Federal transit law at 49 U.S.C.§ 5332,the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
{ c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S.
Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,pertaining to employment of
persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or
in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
Termination of Contract
a.Termination for Convenience(General Provision)The(Recipient)mayterminate 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.
U:1Cnmrac[ - 10 -
APPENDIX A
If it is later determined by the (Recipient)that the Contractor had an excusable reason for not
performing, such as a strike,fire,or flood, events which are not the fault of or are beyond the control of
the Contractor,the (Recipient), after setting up a new delivery of performance schedule,may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision)The (Recipient)in its sole discretion may, in the case
of a termination for breach or default, allow the Contractor [an appropriately short period of time] in
which to cure the defect.In such case, the notice of termination will state the time period in which cure
is permitted and other appropriate conditions
If Contractor fails to remedy to(Recipient)1s 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.
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
UX1.111 n 1 H1,,1surtic iC-1 JAHVAC 5wi..2111M.;.1 — I i
APPENDIX A
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.
Disadvantaged Business Enterprise
To the extent required by Federal law,regulation,or directive,the Recipient agrees to take the following
measures to facilitate participation by disadvantaged business enterprises (DBE)in the Project:
(1) The Recipient agrees and assures that it will comply with TEA-21 § 1101(b), 23 U.S.C. § 101
note,and U.S.DOT regulations, "Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs," 49 C.F.R. Part 26.
(2) The Recipient agrees and assures that it shall not discriminate on the basis of race, color, sex,
or national origin in the award and performance of any thud party contract,or subagreement supported
with Federal assistance derived from U.S. DOT or in the administration of its DBE program and will
comply with the requirements of 49 C.F.R. Part 26. The Recipient agrees to take all necessary and
reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and
administration of all third party contracts and subagreements supported with Federal assistance derived
from U.S. DOT. As required by 49 C.F.R. Part 26 and approved by U.S. DOT, the Recipient's DBE
program is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement.
The Recipient agrees that implementation of this DBE program is a legal obligation, and that failure to
- carry out its terms shall be treated as a violation of the Grant Agreement or Cooperative Agreement.
Upon notification by U.S. DOT to the Recipient of its failure to implement its approved DBE program,
U.S.DOT may impose sanctions as provided for under 49 C.F.R.Part 26 and may,in appropriate cases,
refer the matter for enforcement under 18 U.S.C.§ 1001,and/or the Program Fraud Civil Remedies Act,
31 U.S.C. §§ 3801 et seq.
Incorporation of FTA Terms
The Recipient and contractor certify that terms in FTA C 4220.1E which replaces FTA C4220.1D will
be incorporated into contracts and sub-contracts.
Debarment and Suspension
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 Jefferson.
It if is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the City of Jefferson, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees to include
LlhCnniran Ffl tilsuwiulCumrldHVAC Sin�cn?fNfl.x}HI - 12 -
APPENDIX A
a provision requiring such compliance in its lower tier covered transactions.
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 apart hereof,regardless of any contractual relationship which maybe 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)(h) of this section) and the
Davis-Bacon poster (W-H-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to
the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in
which the work is performed.
(B)Jf 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.
APPENDIX A
(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)(d)(B)or(D)of this section,shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor
has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon
Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to
the wage rates contained in the wage determination.
(B)If the contractor and the laborers and mechanics to be employed in the classification(if known), or
their representatives,and the contracting officer agree on the classification and wage rate(including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210, The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
( C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
UACoalryy Fil� cc%CesiWUUIVAC S1010.wN - 14-
APPENDIX A
(a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(2) Withholding - The City of Jefferson shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by
the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the
contractor or any subcontractor the full amount of wages required by the contract.In the event of failure
to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project),all or part of the wages required by the contract,the
City of Jefferson may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(3)Payrolls and basic records-(1)Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,
or under the Housing Act of 1949,in the construction or development of the project).Such records shall
contain the name, address, and social security number of each such worker, his or her correct
classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible,and that the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs.
(ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to the City of Jefferson for transmission to the Federal Transit Administration. The
payrolls submitted shall set out accurately and completely all of the information required to be
maintained under section 5.5(a)(3)(I)of Regulations,29 CFR part 5.This information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents(Federal Stock Number 029-005-00014-1),U.S.Government Printing
Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under
section 5.5(a)(3)(I) of Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
I X..t—1 Fil,\s iwiC.11i IAHVAC S".2E11 WTd — 15
APPENDIX A
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)(1) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4)Apprentices and trainees-(I)Apprentices-Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program,who is not individually
registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program.Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is
registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified
in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program,
the contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the
VAC,urwr Fibs\—wAC.n lNiVAC Sv v.2{llll.,gxl - 16 -
APPENDIX A
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval,evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen
on the job site shall not be greater than permitted under the plan approved by the Employment and
Training Administration.Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees
shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who
is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed.In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
(iii)Equal employment opportunity-The utilization of apprentices,trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
1. (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-(1)By entering into this contract,the contractor certifies that neither
it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
U,%MC nlrN.Y FiI&4\CMLX1L [VAC 5—c 2111(LwJv1 - 1
APPENDIX A
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours
in such workweek.
(2)Violation;liability for unpaid wages;liquidated damages-In the event of any violation of the
clause set forth in paragraph(1)of this section the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages.In addition,such contractor and subcontractor shall be liable to the
United States for liquidated damages.Such liquidated damages shall be computed with respect to each
individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set
forth in paragraph(1)of this section,in the sum of$10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages-The(write in the name of the grantee)
shall upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4)Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)
of this section.
Energy Conservation Requirements
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
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