HomeMy WebLinkAbout11- Amendment 1 to Professional Services Agreement with Gradient SystemsAMENDMENT #1
PROFESSIONAL 'SERVICES AGREEMENT WITH GRADIENT SYSTEMS
This Amendment is made this f ,� day of �:a, 2011, by and between the City of Bozeman, P.O.
Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ( "CITY "), and
Gradient System, Utility Management Contractor, 110 Schutz Lane, Bozeman, MT 59718
( "CONTRACTOR ").
The Scope of Work found in Attachment B of the current Professional Service
Agreement will remain the same, with inclusion of the following additional deliverables
identified below:
Section II. c. CONTRACTOR will collect O rd report street lighting electricity
consumption, including fixed cost data fo each location.
Section IV. b. CONTRACTOR will track the City of Bozeman's fleet fuel, including
department and/or vehicle and all fue' types purchased by the City of Bozeman, such as
ethanol, off-road diesel, gasoline, and diesel.
Section IV. c. CONTRACTOR will track the City of Bozeman's fleet fuel and, prior to
installation of ResourceOne, may be responsible for some manual data entry if vendors
are unable to provide digital data. The City of Bozeman will be responsible for all
necessary manual entry once ResourceOne has been installed.
Section IV. d. CONTRACTOR will track the City of Bozeman's fleet fuel and will assist
with vendors in setting up a system to receive information digitally to avoid future
manual data entry following iinstallation of ResourceOne. This system will be in place
during active contracts with the CITY and CONTRACTOR.
Section V. a. CONTRACTOR will track City of Bozeman municipal water consumption
and build a template that will allow for automated data updates.
Section VIII. d. CONTRACTOR will complete benchmarking for all meters and
locations for the City of Bozeman for the year 2007.
Section IX. CONTRACTOF i l collect one -time facility data, as available, for entry
into ResourceOne and enable Ehc CITY to edit all facilities and locations as information
becomes available or changes occur.
Deliverable I. d. Summary reports will address all. energy and utility data entered in
ResourceOne.
Deliverable I. e. Summary reports will be written as public documents for online
dissemination.
In addition to Articles I through 14 set forth in the original Professional Service
Agreement, CONTRACTOR shall agree to the following revisions and additional
provisions:
Article 2. Agreement Price.
To compensate CONTRACTOR for additional deliverables to the Scope of Work
outlined in Section 1, upon final payment, the CITY shall pay CONTRACTOR an
additional Six Hundred Dollars ($600) to the original Agreement, for a total sum of
Seven Thousand-Eight Hundred Dollars ($7,800). CONTRACTOR recognizes and
acknowledges that the total sum is the aggregated amount for all services described. The
CITY retains the right to refund contingent upon satisfactory completion of the Work in
accordance with this agreement. The total sum may be adjusted at the mutual written
agreement of both CITY and CONTRACTOR.
Article 15. ARRA Compliance.
This project will use the American Recovery and Reinvestment Act of 2009 and shall
comply with the following: This project is subject to the criteria and conditions of the
American Recovery and Reinvestment Act (ARRA) of 2009. Satisfy the federal reporting
requirements for the project(s), such as the monthly employment report, for both the
CONTRACTOR and subcontractors. Provide the required information on form(s)
provided by the CITY or its agent in the timeframe indicated in the instructions. Include
these reporting requirements in all subcontracts. Section 902 of the ARRA of 2009
provides the CITY and its representatives the authority:
I. To examine any records of the CONTRACTOR or any of Its Subcontractors, or any
State or Local agency administering such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
To interview any officer or employee of the CONTRACTOR or any of its subcontractors,
or of any State or Local government agency administering the Contract, regarding such
transactions.
2. Accordingly, the CITY and its representatives shall have the authority and rights as
provided under Section 902 of the ARRA with respect to this contract, which is funded
with funds made available under the ARRA. Section 902 further states that nothing in
this Section shall be interpreted to limit or restrict in any way any existing authority of
the Comptroller General,
Section 1515(a) of the ARRA provides authority for any representatives of the CITY
and/or agent to examine any records or interview any employee or officers working on
this Contract, The CONTRACTOR is advised that representatives of the CITY and/or
agent have the authority to examine any record and interview any employee or officer of
the CONTRACTOR, its subcontractors or other firms working on this Contract. Section
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1515(b) further provides that nothing in this Section shall be interpreted to limit or
restrict in any way any existing authority of an Inspector General.
Failure to comply with the American Recovery and Reinvestment Act of 2009: The
CITY will withhold payments from the CONTRACTOR for failure to comply with the
requirements.
Article 16. D-U-N-S8 Number / CCR Re2istration.
Contractors awarded a contract as a result of this solicitation will be required to provide
the CITY with their unique Dun and Bradstreet "Data Universal Numbering System"
(DUNS) number prior to contract execution. If you do not know or do not have a DUNS
number, visit www.dnb.coiTi and click on "D & B D-U-N-S Number" to obtain a number.
In addition, all Contractors are required to register with the Central Contractor
Registration (CCR). Registration information for the Central Contractor Registry can be
found at: 1
Z�
Article 17. Whistleblower Provision.
(a) An employee of any non-Federal employer receiving covered funds may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing,
including a disclosure made in the ordinary course of an employee's duties, to an
inspector general, the Comptroller General, a member of Congress, a State or Federal
regulatory or law enforcement agency, a person with supervisory authority over the
employee (or such other person working for the employer who has the authority to
investigate, discover, or terminate misconduct), a court or grand j ury, the head of a
Federal agency, or their representatives, information that the employee reasonably
believes is evidence of:
1. gross mismanagement of an agency contract or grant relating to covered funds;
2. a gross waste of covered funds;
3. a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
4. an abuse of authority related to the implementation or use of covered funds; or
5, a violation of law, rule or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to
covered funds.
(b) A person who believes that the person has been subject to a reprisal prohibited by
subsection (a) may submit a complaint regarding the reprisal to the appropriate U.S.
Office of the Inspector General.
(c) Any employer receiving covered funds under ARRA, shall post notice of the rights
and remedies as required by Section 1553 of ARRA. See www.recovery.gov.
Article 18. Reporting Requirements.
Pursuant to Section 1512 of the ARRA, entities, including the CITY, receiving ARRA
funds must submit a report to the federal government containing information on the use
of ARRA funds no later than ten (10) calendar days after the end of each calendar
quarter. Accordingly, CONTRACTOR agrees to provide the CITY with such
information, no later than five (5) calendar days after the end of each calendar quarter, as
is required by the CITY to comply with ARRA reporting requirements. Section 1512 of
ARRA, its implementing regulations (2 CFR § 176.50), guidance provided by the White
House Office of Management and Budget and the terms of the ARRA grant that provides
funds for this Contract provide guidance on what information must be reported.
Article 19. Subcontractor Flow-Down Requirements.
CONTRACTOR agrees that it shall include these supplemental terms and conditions,
including this requirement, in any of its subcontracts in connection with projects funded
in whole or in part with funds available under the American Recovery and Reinvestment
Act of 2009, Pub. L. 111 -5. Page 17 (11110/09).
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Article 20. Fed eaI We Rate Schedule.
,g,,
Davis Bacon Act (40 U.S.C. 276 -A -5):
All mechanics and laborers employed or working directly upon the site will be paid
unconditionally and not less than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as permitted by the Copeland Act),
full amounts due at time of payment, computed at wage rates not less than those
contained in this wage rates determination decision of the Secretary of Labor, and hereby
made a part of this Contract, regardless of any contractual relationship which may be
alleged to exist between CONTRACTOR, subcontractor and such laborers or mechanics;
and copy of the wage determination decision shall be posted by the CONTRACTOR at
the site of work in a prominent place where it can be easily viewed by the workers.
Article 21, Standard Federal E ual Employment opportunity Construction
Contract Specifications (Executive Order 11246).
As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from
which this contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance Programs,
United States Department of Labor, or any person to whom the Director delegates
authority.
c. "Employer identification number" means the Federal Social Security number
used on the Employer's Quarterly Federal Tax Return., U.S. Treasury Department
Form 941.
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d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origin in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
(4) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2. Whenever the CONTRACTOR, or any Subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include in each
subcontract in excess of $ 10,000 the provisions of these specifications and the Notice
which contains the applicable goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted.
3. If the CONTRACTOR is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. CONTRACTOR'S must be able to
demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved
Plan is individually required to comply with its obligations under the EEO clause, and to
make a good faith effort to achieve each goal under the Plan in each trade in which it has
employees- The overall good faith performance by other CONTRACTORS or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractors or Subcontractor's failure to take good faith efforts to achieve the Plan goals
and timetables,
4. The CONTRACTOR shall implement the specific affirmative action standards
provided in paragraphs (7a) through (7p) of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the CONTRACTOR
should reasonably be able to achieve in each construction trade in which it has employees
in the covered area. The CONTRACTOR is expected to make substantially uniform
progress toward its goals in each craft during the period specified.
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5. Neither the provisions of any collective bargaining agreement, nor the failure by a
union with whom the CONTRACTOR has a collective bargaining agreement, to refer
either minorities or women shall excuse the CONTRACTOR'S obligations under these
specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6, In order for the non-working training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the
CONTRACTOR during the training period, and the CONTRACTOR must have made a
commitment to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be trained pursuant
to training programs approved by the United States Department of Labor.
7. The CONTRACTOR shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the CONTRACTOR'S compliance with
these specifications shall be based upon its effort to achieve maximum results from its
actions. The CONTRACTOR shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working crivirom free of harassment, intimidation,
and coercion at all sites, and in all facilities at which the CONTRACTOR'S
employees are assigned work. The CONTRACTOR, where possible, will assign
two or more women to each construction project. The CONTRACTOR shall
specifically ensure that all foremen, superintendents, and other on-site supervisory
personnel are aware of and carry out the CONTRACTOR's obligation to maintain
such a working environment, with specific attention to minority or female
individuals working at such sites or in such facilities,
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources
and to community organizations when the CONTRACTOR or its unions have
employment opportunities available, and maintain a record of the organizations'
responses.
c. Maintain a current file of the names, addresses and telephone numbers of each
minority and female off-the-street applicant and minority or female referral from
a union, a recruitment Source or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the CONTRACTOR by
the union or, if referred, not employed by the CONTRACTOR, this shall be
documented in the file with the reason therefor, along with whatever additional
actions the CONTRACTOR may have taken.
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d. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
CONTRACTOR'S employment needs, especially those programs funded or
approved by the Department of Labor. The CONTRACTOR shall provide notice
of these programs to the sources compiled under 7b above.
e. Disseminate the CONTRACTOR'S EEO policy by providing notice of the
policy to unions and training programs and requesting their cooperation in
assisting the CONTRACTOR in meeting its EEO obligations; by including it in
any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees at least once a
year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is perfori
f, Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employment
decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation
of construction work at any job site. A written record shall be made and maintain
identifying the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
g. Disseminate the CONTRACTOR'S EEO policy externally by including it in
any advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
CONTRACTOR'S EEO policy with other CONTRACTORS and Subcontractors
with whom the CONTRACTOR does or anticipates doing business.
h. Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students and to
minority and female recruitment and training organizations serving the
CONTRACTOR'S recruitment area and employment needs. Not later than one
month prior to the date of the acceptance of applications for apprenticeship or
other training by any recruitment source, the CONTRACTOR shall send written
notification to organizations such as the above, describing the openings, screening
procedures, and tests to be used in the selection process.
i. Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a CONTRACTOR'S workforce,
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j. Validate all tests and other selection requirements where there is an obligation
to do so under 41 CFR Part 60-3.
k. Conduct, at least annually, an inventory and evaluation at least of all minority
and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such
opportunities,
1. Ensure that all facilities and company activities are non-segregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
rn. Ensure that seniority practices, job classifications, work assignments and other
personnel practices, do not have a discriminatory effect by continually monitoring
all personnel and employment related activities to ensure that the EEO policy and
the CONTRACTOR'S obligations under these specifications are being carried
out.
n. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction CONTRACTORS and suppliers, including
circulation of solicitations to minority and female CONTRACTOR associations
and other business associations.
o. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the CONTRACTOR'S EEO policies and affirmative action
obligations.
8. CONTRACTORS are encouraged to participate in voluntary associations which assist
in fulfilling one or more of their affirmative action obligations (7a through p). The efforts
of a CONTRACTOR association, join contractor-union, contractor-community, or other
similar group of which the CONTRACTOR is a member and participant, may be asserted
as fulfilling any one or more of its obligations under 7a through p of these Specifications
provided that the CONTRACTOR actively participates in the group, makes every effort
to assure that the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program are reflected in
the CONTRACTOR'S minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
CONTRACTOR. The obligation to comply, however, is the CONTRACTOR'S and
failure of such a group to fulfill an obligation shall not be a defense for the
CONTRACTOR'S noncompliance.
9. A single goal for minorities and separate single goal for women have been established.
The CONTRACTOR, however, is required to provide equal employment opportunity and
to take affirmative action for all minority groups, both male and female, and all women,
both minority and nonminority. Consequently, the CONTRACTOR may be in violation
of the Executive Order if a particular group is employed in a substantially disparate
manner (for example, even though the CONTRACTOR has achieved its goals for women
generally, the CONTRACTOR may be in violation of the Executive Order if a specific
minority group of women is under
10. The CONTRACTOR shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex, or
national origin,
11. The CONTRACTOR shall not enter into any Subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The CONTRACTOR shall carry out such sanctions and penalties for violation of
these specifications and of the Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implementing regulations, by the
Office of Federal Contract Compliance Programs, Any CONTRACTOR who fails to
carry out such sanctions and penalties shall be in violation of these specifications and
Executive Order 11246, as amended.
13. The CONTRACTOR, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those standards
prescribed in paragraph 7 of these specifications, so as to achieve maximum results from
its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to
comply with the requirements of the Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in accordance with 41 CFR 6048.
14. The CONTRACTOR shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to submit
reports relating to the provisions hereof as may be required by the Government and to
keep records. Records shall at least include for each employee the name, address,
telephone numbers, construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week
in the indicated trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, CONTRACTORS shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant
Program).
Article 22. Required Use Of American Iron, Steel, And Manufactured Goods —
Section 1605 Of The American Recover y And Reinvestment Act Of 2009.
(a) Definitions. As used in this award term and condition—
(1) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been—
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has
different properties than the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work
of, a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States; State
and local governments; and multi-State, regional, or interstate entities which have
governmental functions). These buildings and works may include, without
limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels,
sewers, mains, power lines, pumping stations, heavy generators, railways,
airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or
repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2
percent carbon, and may include other elements.
(b) Doniestic preference.
(1) This award term and condition implements Section 1605 of the American
Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 1 by
requiring that all iron, steel, and manufactured goods used in the project are
produced in the United States except as provided in paragraph (b)(3) and (b)(4) of
this section and condition.
(2) This requirement does not apply to the material listed by the Federal
Government as follows. None.
(3) The award official may add other iron, steel, and/or manufactured goods to the
list in paragraph (b)(2) of this section and condition if the Federal Government
determines that—
(i) The cost of the domestic iron, steel, and/or manufactured goods would
be unreasonable. The cost of domestic iron, steel, or manufactured goods
used in the project is unreasonable when the cumulative cost of such
material will increase the cost of the overall project by more than 25
percent;
(iii) The iron, steel, and/or manufactured good is not produced, or
manufactured in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
IN
(iv) The application of the restriction of section 1605 of the Recovery Act
would be inconsistent with the public interest.
(c) Request for detertnination of inapplicability of Section 1605 of the Recovery Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods
in accordance with paragraph (b of this section shall include adequate
information for Federal Government evaluation of the request, including
(A) A description of the foreign and domestic iron, steel, mid/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed Justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey
of the market and a completed cost comparison table in the format in
paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall
include all delivery costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery
Act funds have been obligated for a project for construction, alteration,
maintenance, or repair shall explain why the recipient could not
reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory explanation, the award official
need not make a determination.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any
applicable supporting data based on the survey of suppliers:
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(2) IT the Federal Government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to
section 1605 of the Recovery Act applies, the award official will amend the award
to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavail ability or public interest, the amended award
shall reflect adjustment of the award amount, redistribution of budgeted funds,
and/or other actions taken to cover costs associated with acquiring or using the
foreign iron, steel, and/or relevant manufactured goods. When the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or redistribute budgeted
funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605
of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods
is noncompliant with section 1605 of the American Recovery and Reinvestment
Act.
EXHIBIT I
Certification Regarding Buy America
The following certification is required for the procurement of steel, iron, or manufactured
products.
Certificate of Compliance with 49 U.S.C. 53236) (1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date:
Signature:
Company Name:
Title:
Certificate ofNon-Compliance with 49 USC. 53230)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 53236)(1) and 49 C.F.R. 661,5, but it may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49
C.F.R. 661.7.
Date:
Signature:
Company Name:
Title:
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Article 23. Use Of Debared, Suspended, Or Ineligible Contractors Or
Subrecipients (24 CFR 570.609) (24 CFR 85.35).
American Recovery and Reinvestment Act funds shall not be used directly or indirectly to
employ, award contracts to, or otherwise engage the services of, or fund any contractor or
subrecipient during any period of debarment, suspension, or placement in ineligibility status
under the provisions of 24 CFR Part 24,
No award of a contract or a subcontract can be made at any tier to any party which is
debarred or suspended or is other excluded from or ineligible for participation in
Federal assistance programs under Executive Order 12549, "Debarment and Suspension."
The CONTRACTOR shall certify that it and its principals are not debarred, suspended or
ineligible to participate in this transaction and Federal assistance programs. The
CONTRACTOR shall require its subcontractors at all tiers to also submit certifications that they
and their principals are not debarred, suspended or otherwise excluded from or ineligible to
participate in the transactions and Federal assistance programs.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY
The CONTRACTOR certifies that neither it nor its principals is presently debarred,
suspended, or otherwise excluded from or ineligible for participating in this transaction
or participating in Federal assistance programs.
CONTRACT By:
L TT
Print Naffie:
Title:
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Wage Determination
From ( http:// www. wdol, gov/ wdol /scafiles /davisbacon /mt44.dvb)
General Decision Number: MTI00044 02/04/2011 MT44
State: Montana
Construction Type: Building
County: Gallatin County in Montana.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories),
Modification Number Publication Date
0 02/04/2011
ASBE0082 -002 08/01/2009
Rates Fringes
Heat and Frost Insulator, ..... ...5 25.74 13.78
BOIL0011 -002 04/01/2010
Rates Fringes
BOILERMAKER ......................$ 30.16 21.75
BRMT0005 -001 01/01/2011
Rates Fringes
BRICKLAYER.. ....... ....... __$ 26.06 10.23
CARP0557 -003 05/01/2010
Rates fringes
CARPENTER (Includes
Acoustical Ceiling
Installation, Drywall
Finishing /Taping, Drywall
Hanging and Formwork) ............ $ 19.25 9.45
ELEV0019 -005 01/0112010
Rates Fringes
ELEVATOR MECHANIC ................$ 44.14 20.035 +A +B
FOOTNOTE
a. Employer contributes 8% of the basic hourly rate
for over 5 year's service and 6% of the basic
hourly rate for 6 months to 5 years' of service
as vacation paid credit.
b. Eight paid holidays: New Year's Day; Memorial .Day;
Independence Day; Labor Day; Veteran's Day; Thanksgiving
Day; Friday after Thanksgiving and Christmas Day
IRON0732 -013 06/01/2010
Rates Fringes
IRONWORKER, REINFORCING AND
STRUCTURAL.. .......... .... .$ 25,57 17.21
LAB 01686 -006 05/01/2010
Rates fringes
LABORER (Lone 1)
Mason Tender-Brick ... ....... $ IT43 8.54
ZONE DEFINITIONS FOR LABORERS
The hourly wage rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the County Courthouse in
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Great Falls to the center of the job.
LONE 1: 0 to 15 miles
"LONE 2: 15 to 30 miles, add. 50.65 to Zone I rate.
ZONE 3: 30 to 50 miles, add $0.85 to Lone I rate.
ZONE 4: Over 50 miles, add $1.25 to Zone 1 rate.
PLUM0041 -008 071011201.0
Rates Fringes
PIPEFITTER, Excluding; HVAC
Pipe Installation ................$ 28.25 13.05
PLUMBER (Including HVAC Pipe
Installation ) ....................$ 28.25 13.05
SFMT0669 -002 04 /01 /2010
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers ) ......................$ 29.00 16.85
SUMT2011 -009 01104/2011
Rates Fringes
CEMENT MASON' /CONCRETE FINISHER... $ 1827 1.50
ELECTRICIAN (Low Voltage
Wiring for Alarms and
Computers Only) ..................$26-863-69
ELECTRICIAN, Excluding Low
Voltage Wiring for Alarms and
Computers ........................$24.043.51
GLAZIER ..........................$ 17.93 2.62
LABORER: Conunon or General.. .... $ 16.52 5.46
OPERATOR: Crane .................$24.047.41
OPERATOR: Excavator .............S 22.20 6.75
OPERATOR: Forklift-- - - . ... $21.44 8.05
PAINTER: Brush, Roller and
Spray (Excluding Drywall
Finishing/Taping) ................$ 19.62 0.00
ROOFER ...........................$ 14.10 5.68
SHEETMETAL WORKER (I-IVAC Duct
Installation Only). - . . . ......... S 25.89 2.81
TRUCK DRIVER: Dump Truck........$ 19.36 537
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be
prevailing.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the
Wage and Hour Regional Office for the area in which the survey was conducted because those Regional
Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact
is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should
be with the Branch of Construction Wage Determinations.
Write to:
Branch. of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can
request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29
CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any
information (wage payment data, project description, area practice material, etc.) that the requestor
considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party
may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board).
Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4) All decisions by the Administrative Review Board are final.
CONTRACTOR
BY:
Jonas j 'Co r4or
CITY OF BOZEMAN
By:(iL
Chris Kukulski, City Manager
ATTEST— --,
u
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