HomeMy Public PortalAboutORD14140 I
BILL NO. 2006-113
•
SPONSORED BY COUNCILMAN Brown
ORDINANCE NO. 141 W)
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 SERVICES.
WHEREAS, Centech &Associates has become the apparent lowest and best bidder on
the Heating, Air Conditioning and Refrigeration 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.
j Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement
with Centech & Associates for Heaving, Air Conditioning and Refrigeration 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
'4 of its passa a and approval.
Passed: ;t;z ing Officer
ATTEST: APPROVED AS TO FORM:
ity CI City Counselor
14140
CITY OF JEFFERSON
CONTRACT RENEWAL OF THE HEATING,
AIR CONDITIONING AND REFRIGERATION 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 January 10, 2007, and amended December 6, 2007.
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 January 10, 2007 and amended
December 6, 2007;
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the second
of the two additional periods to end December 14, 2009.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day of
December, 2008.
• CITY OF JEFFERSON,MISSOURI CENTECH &ASSOCIATES
May Presi e
AT T:
City Clerk i ent
APPRO TO F
City eo unse for
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10140
CITY OF JEFFERSON
CONTRACT RENEWAL OF THE HEATING,
AIR CONDITIONING AND REFRIGERA TION A GREEMENT
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 January 10, 2007.
WHEREAS,the Agreement was for maintenance,repair and replacement services for City heating,air
conditioning and refrigeration units;and
WHEREAS,both parties kvish to extcaw thG agreeme;i,t for the first of two additional one-year renewal
periods as stipulated in Paragraph 2 of the agreement dated January 10; 2007;
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the first of
the two additional periods to end December 14, 2008.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this / day of
December, 2007. , • ..
CITY OF JEFFERSON,MISSOURI CENTECH &ASSOCIATES
Mayor Pr
AT AT EST:
C1 y Clerk Vice- esident
APPR AST FORM:
City Counselor
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Ord 114 )410
CITY OF JEFFERSON
HEATING, AIR CONDITIONING
AND REFRIGERATION AGREEMENT
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THIS AGREEMENT made and entered this day of January, 2007, by and between the City
of Jefferson, Missouri,a municipal corporation, hereinafter referred to as "City," and Centech
& Associates, 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 Park,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
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Binder Park- Caretakers House Memorial Park Aquatic Center
• 5525 Henwick Lane, Jefferson City,MO 120 Binder Drive,Jefferson City,MO
Binder Park- Caretakers House Washington Park- Caretakers House
518 Rainbow Drive.,Jefferson City,MO 900 Indiana St.,Jefferson City, MO
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Binder Park- Caretakers House Washington Park- Caretakers House
5422 Rainbow Dr.,Jefferson City,MO 709 Virginia St.,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 Maint. & Operations Ctr
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)
1200 Linden Drive, Jefferson City,MO
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 December 15, 2006 through December 14, 2007. With the
consent of both parties,the contract maybe 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 (51h) 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 some 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.
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6. 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.
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 $51.00 $70.00
Residential $51.00 $70.00
COST PER HOUR
(overtime work hours)
Commercial $62.00 $85.00
Residential $62.00 $85.00
COST PER HOUR
(overtime, Sunday and holiday)
Commercial $75.00 $90.00
• Residential $75.00 $90.00
YEAR TWO
COST PER HOUR
(normal working hours)
Commercial $53.00 $72.00
Residential $53.00 $72.00
COST PER HOUR
(overtime work hours)
Commercial $64.00 $87.00
Residential $64.00 $87.00
COST PER HOUR
(overtime, Sunday and holiday)
Commercial $77.00 $92.00
Residential $77.00 $92.00
YEAR THREE
COST PER HOUR
(normal working hours)
Commercial $55.00 $74.00
Residential $55.00 $74.00
COST PER HOUR
(overtime work hours)
• Commercial $66.00 $89.00
Residential $66.00 $89.00
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• COST PER HOUR
(overtime, Sunday and holiday)
Commercial $79.00 $94.00
Residential $79.00 $94.00
8. Parts and Materials.
In the event the City does not provide materials or supplies, the Contractor shall provide some
and will be reimbursed for his costs forwhich 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 work 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.
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• 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
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.
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• 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
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• 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.
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 Rights 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.
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22. Cancellation.
This contract shall be subject to cancellation by the City at any time following fifteen(15)days notice.
I' 23. 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,65 10 1, and if to the Contractor
at Centech&Associates, 4316 Rt. 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.
CI=FFlUtSON, SOU RI CENTECH &ASSOCIATES
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May Titl
ATTEST: ATTEST:
6A.AA--
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• City Clerk Title: %pa. i
O S-TO FORM:
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• APPENDIX A
Federal Funds To be Used
The majority of work under this agreement will be funded through City of Jefferson budgeted funds. Work in
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 fuuther 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 seq.and U.S.DOT regulations,"Program Fraud Civil Remedies,"49 C.F.R.Part 31,apply to its
actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made,it makes,it may make,or causes to be made,pertaining to the
• underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other
penalties that may be applicable,the Contractor further acknowledges that if it makes,or causes to be made,a false,
fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.§5307,
the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor,to the extent the Federal Government deems appropriate.
(3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
Access to Records
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C. F. R. 18.36(I), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access to any
books,documents,papers and records of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to
provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project,defined at 49 U.S.C.5302(a)1,which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307,5309 or 5311.
• 2.Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 633.17,Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives,
including any PMO Contractor,access to the Contractor's records and construction sites pertaining to a major capital
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j • APPENDIX A
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)l)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
j 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.
Federal Changes
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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 requirements FTA may issue.
(2)EEgual 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
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APPENDIX A
that applicants are employed,and that employees are treated during employment,without regard to their race, color,
creed,national origin,sex,or age.Such action shall include,but not be limited to,the following:employment,upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation;and selection for training,including apprenticeship.In addition,the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,29
U.S.C.§ §623 and Federal transit law at 49 U.S.C.§5332,the Contractor agrees to refrain from discrimination against
present and prospective employees for reason of age.In addition,the Contractor agrees to comply with any implementing
requirements FTA may issue.
(c)Disabilities-In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C.
§ 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29
C.F.R.Part 1630,pertaining to employment of persons with disabilities.In addition,the Contractor agrees to comply
with any implementing requirements FTA may issue.
(3)The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal
assistance provided by FTA,modified only if necessary to identify the affected parties.
Termination of Contract
a.Termination for Convenience(General Provision)The(Recipient)may terminate this contract,in whole or in part,
at any time by written notice to the Contractor when it is in the Government's best interest.The Contractor shall be paid
its costs,including contract close-out costs,and profit on work performed up to the time of termination.The Contractor
shall promptly submit its termination claim to(Recipient)to be paid the Contractor.If the Contractor has any property
• in its possession belonging to the(Recipient),the Contractor will account for the same,and dispose of it in the manner
the(Recipient)directs.
b. Termination for Default [Breach or Cause] (General Provision)If the Contractor does not deliver supplies in
accordance with the contract delivery schedule,or,if the contract is for services,the Contractor fails to perform in the
manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient)may terminate this contract for default.Termination shall be effected by serving a notice of termination on
the contractor setting forth the manner in which the Contractor is in default.The contractor will only be paid the contract
price for supplies delivered and accepted,or services performed in accordance with the manner of performance set forth
in the contract.
If it is later determined by the(Recipient)that the Contractor had an excusable reason for not performing,such
as a strike,fire,or flood,events which are not the fault of or are beyond the control of the Contractor,the(Recipient),
after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c.Opportunity to Cure(General Provision)The(Recipient)in its sole discretion may,in the case of a termination for
breach or default,allow the Contractor[an appropriately short period of time]in which to cure the defect.In such case,
the notice of termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to(Recipient)'s satisfaction the breach or default of any of the terms,covenants,
or conditions of this Contract within[ten(10)days]after receipt by Contractor of written notice from(Recipient)setting
forth the nature of said breach or default,(Recipient)shall have the right to terminate the Contract without any further
obligation to Contractor.Any such termination for default shall not in any way operate to preclude(Recipient)from also
pursuing all available remedies against Contractor and its sureties for said breach or default.
d.Waiver of Remedies for any Breach In the event that(Recipient)elects to waive its remedies for any breach by
• Contractor of any covenant,term or condition of this Contract,such waiver by(Recipient)shall not limit(Recipient)'s
remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract.
UAC-tw Fil.k—ic6C.t¢hViVAC Swmc 2006.wpd - 10 -
• APPENDIX A
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.
L 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 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 third 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
jRecipient of its failure to implement its approved DBE program,U.S.DOT may impose sanctions as provided for under
UAContrect Fi1m\serAaiCm1ochWVAC Service 2006.mN
t
APPENDIX A
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.ID 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 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 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 hinge benefits under section 1(b)(2)of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions
of paragraph(1)(iv)of this section;also,regular contributions made or costs incurred for more than a weekly period(but
not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to
be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard
to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is
performed.The wage determination(including any additional classifications and wage rates conformed under paragraph
(1)(ii) of this section) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed
in the wage determination and which is to be employed under the contract shall be classified in conformance with the
wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits
• therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification
UAConmw Fiks\c &6C.1.ch\IVAC S-A.2006.,pN - 1" -
•
requested is not performed by a classification in the wage determination;and APPENDIX A
(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.
I
(C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Administrator for determination. The
Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B)or C)
• of this section,shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of
the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the Secretary of Labor has found,upon the written request of the
contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;and
(2)The classification is utilized in the area by the construction industry;and
(3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
• representatives,and the contracting officer agree on the classification and wage rate(including the amount designated
for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division,Employment Standards Administration,Washington,DC 20210. The
Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action
U1Cnntrael Fi1ok%rvic\Cm1mh\HVAC Swim 20M.wN - 13
APPENDIX A
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(v)(B)or(C)
of this section,shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(2)Withholding-The City of 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-(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 I(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;
UACon"act Fi1m\savicctCw1mhWVAC Smicc 2006.wN - 14-
r
• APPENDIX A
(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 W1-1-347
shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this
section.
(D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(I)of this section available
for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the
Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If
the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,
after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the
suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records
upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4)Apprentices and trainees-(I)Apprentices-Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually registered in a bona fide
• apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration,Bureau
of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on
a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,
any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor
is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage
rates(expressed in percentages of the j oumeyman'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 ofprogress,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
U:\Contras Fila\s McdCadech\HVAC Savice 2006.mTd - 15 -
I�
• APPENDIX A
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-(I)By entering into this contract,the contractor certifies that neither it(nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract
by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001.
Contract Work Hours and Safety Standards
(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
U:\C..I,w Films icdC.1.h\HVAC S—i.2006.wpd - 16 -
• APPENDIX A
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.
�I
U:\CoatTw PiIm\scMcc\CmiMWVAC Savim 20M.wpd - 17 -
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2299 - Heating, Air Conditioning&Refrigeration Services
All Departments, Opened October 3, 2006
BIDS RECEIVED:
Centech& Associates, Jefferson City, MO
Nick Rackers Heating& Cooling, Jefferson City, MO
Harold Butzer, Jefferson City, MO (incomplete)
Hourly rates are as attached.
FISCAL NOTE:
This request is to establish firm fixed hourly rates for heating, air conditioning and
refrigeration services for all City departments. The bid includes maintenance and prevailing
wage rates for normal, overtime, and Sunday/holiday hours under classifications for commercial
and residential work. For the period August 15, 2005 through August 14, 2006 a total of
• $46,084.03 was spent for these services. The total estimated cost for these services will be
$55,000.00 for all departments under the first year of this bid. Funds will be charged to a number
of accounts at the time services are requested and completed.
PAST PERFORMANCE: Centech and Associates has performed under contract for heating, air
conditioning and refrigeration maintenance services for a number of years. All departments have
rated the firm satisfactory.
RECOMMENDATION: Staff recommends award of the bid to Centech and Associates of
Jefferson City, Missouri for year one of the bid,December 15,2006 through December 14, 2007
with a total estimated cost of$55,000.00. The bid carries up to two additional one year renewal
periods at specific hourly rates should the City choose to renew.
ATTACHMENTS - SUPPORTING DOCUMENTATIO
Signature 'UJ
Purchasgig Wgent Direc r, Community Development
Fire Chi6f Parks & RecreatfKn Department
Police Chief k�
I 1 1
or i
o• s�
John Landwehr
City of Jefferson ��" '
W "' � � Mayor
320 East McCarty Street
Jefferson City,MO 65101
573-634-6327 23
Fax 573-634-6329
MEMORANDUM
To: Mayor Landwelir
Councilman Ferguson Councilman Harvey
Councilman Oeting Councilman Vogel
Councilman Crane Councilman Pope
Councilman Brown Councilman Layton
Councilman Berry Councilman Klindt
From: Terry Stephenson, CPPB
Purchasing Agent
• Date: December 5, 2006
Re: Bid No. 2299 - Heating,Air conditioning& Refrigeration Services, All City Department
A total of sixteen bidders were sent the request for bid. The bid was advertised in the
News Tribune and posted on the City's web site. Three responses to the request were received.
The evaluation criteria for award included: Cost- 50 points, Experience and Reliability -
25 points, and Expertise of Personnel -25 points. The specification required the submission of
the contractor's qualifications, assigned staff and their experience,references(3 commercial and
3 residential) and a bid bond in the amount of$500.00.
The Harold G. Butzer, Inc. bid was returned incomplete. Both the required references
and the bid bond were omitted.
It is the recommendation of staff to award the bid to the lowest and best bid meeting the
specifications, Centech and Associates of Jefferson City, Missouri, for year one of the bid.
Based on past expenses and the unit prices bid, it is estimated that the cost for year one will be
$55,000.00. The bid carries up to two additional one year renewals at specific pricing if the City
chooses to extend the agreement.
If you have questions or would like additional information, please contact me at 634-
• 6325.
City of Jeff issourl
Tabulation of ids • •
Bid No. 2299
Subj: Heating,Air Cond.&Ref.Maint
Date: October 3,2006 Harold Butzer Centech&Associates
Dept: All City Jefferson City MO Jefferson City,MO
PAGE 1
ITEM MAINT. PREVAIL.WAGE MAINT. PREVAIL.WAGE
hourly rate hourly rate hourly rate hourly rate
YEAR ONE
Normal,Commercial $40.00 $76.00 $51.00 $70.00
Normal,Residential $40.00 $76.00 $51.00 $70.00
Overtime,Commercial $52.50 $114.00 $62.00 $85.00
Overtime,Residential $52.50 $114.00 $62.00 $85.00
OT,Sunday/Holiday,Commercial $65.00 $130.00 $75.00 $90.00
OT,Sunday/Holiday,Residential $65.00 $130.00 $75.00 $90.00
YEAR TWO
Normal,Commercial $42.00 $78.00 $53.00 $72.00
Normal,Residential $42.00 $78.00 $53.00 $72.00
Overtime,Commercial $54.00 $117.00 $64.00 $87.00
Overtime,Residential $54.00 $117.00 $64.00 $87.00
OT,Sunday/Holiday,Commercial $67.00 $130.00 $77.00 $92.00
OT,Sundy/Holiday,Residential $67.00 $130.00 $77.00 $92.00
YEAR THREE
Normal,Commercial $45.00 $80.00 $55.00 $74.00
Normal,Residential $45.00 $80.00 $55.00 $74.00
Overtime,Commercial $56.00 $120.00 $66.00 $89.00
Overtime,Residential $56.00 $120.00 $66.00 $89.00
OT,Sunday/Holiday,Commercial $70.00 $130.00 $79.00 $94.00
OT,Sunday/Holiday,Residential $70.00 $130.00 $79.00 $94.00
Discount for prompt payment none none
Disadvantaged Business no no
Cooperative-Cole County yes yes
Cooperative-Housing Authority yes yes
Bid is firm for 160 days 190 days
Required$500.00 bid bond included Ino I I yes
City of Jeffemissourl ` • `
Tabulation of Bids
Bid No. 2299
Subj: Heating,Air Cond.&Ref.Maint Nick Rackers Heating&Cooling Nick Rackers Heating&Cooling Nick Rackers Heating&Cooling
Date: October 3,2006 Jefferson City,MO Jefferson City,MO Jefferson City,MO
Dept: All City FIRST MAN EACH ADDITIONAL MAN PREVAILING WAGE WORK
PAGE 2 REGULAR OVERTIME REGULAR OVERTIME REGULAR OVERTIME HOL/SUN OT
ITEM
YEAR ONE(commercial&residenti 1)
First 112 hour $80.00 $105.00 $68.00 $89.00 $100.00 $115.00 $130.00
Additional 1/4 hour $15.00 $20.00 $13.00 $17.00 $20.00 $25.00 $30.00
Mileage Charge First 20 miles included
Each Add'I mile$1.00
YEAR TWO(commercial&residenti I)
First 1/2 hour $85.00 $110.00 $72.00 $93.00 $105.00 $120.00 $136.00
Additional 1/4 hour $17.00 $23.00 $14.00 $19.00 $21.00 $26.00 $32.00
Mileage Charge First 20 miles included
Each Add'I mile$1.00
YEAR THREE(commercial&reside tial)
First 112 hour $89.00 $116.00 $76.00 $99.00 $110.00 $127.00 $143.00
Additional 1/4 hour $18.00 $24.00 $15.00 $20.00 $22.00 $28.00 $33.00
Mileage Charge First 20 miles included
Each Add'I mile$1.00
Discount for prompt payment blank
Disadvantaged Business no
Cooperative-Cole County yes
Cooperative-Housing Authority yes
Bid is firm for 30 days
Required$500.00 bid bond included yes
RFBs sent to the following vendors with no response:
Curt Moreland,Jefferson City MO Jim's Heating&Cooling,Jefferson City MO Advanced Comfort Systems,Jefferson City MO
Eddie Moore Mechanical,Columbia MO Stieferman Heating&Cooling,Jefferson City MO Environmental Engineering,Jefferson City MO
Universal Mechanical,Jefferson City MO Woodman Engineering,Jefferson City MO Herb Haaf Heating&Cooling,Jefferson City MC
Mathis Trane Building Serv.,Columbia MO Schanzmeyer Inc.,Jefferson City MO
Balkenbush Mechanical,Jefferson City MO Senters Heating&Cooling,Centertown MO