Town of Breckenridge Water Meter RFP_Final.pdf

Town of Breckenridge Water Meter RFP 1

Town of Breckenridge AMI Water Meter Project

Request for Proposal for work at

Town of Breckenridge, Colorado

Distributed by Iconergy, Ltd.

Lee Macke Lmacke@iconergyco.com

970-401-5198 Iconergy.com mailto:Lmacke@iconergyco.com

Town of Breckenridge Water Meter RFP 2

REQUEST FOR PROPOSALS

RFP title: Town of Breckenridge Water Meter Project

RFP Issue Date: October 14, 2024 RFP Due Date: November 14, 2024

RFP Delivery Instructions: 1 copy in non-editable electronic form such as a protected MS Word document or .PDF file and addressed as follows:

Water Meter Project – Contractor Proposal

1. Introduction

Iconergy, Ltd (“Design-Builder”) is submitting a proposal to replace water meters in the Town of Breckenridge Colorado (“Owner”). It is the Town’s preference to replace the existing water metering system with an AMI metering system. The purpose of this Invitation to Bid is to solicit proposals from interested companies (“Contractor”) providing a turnkey water meter replacement with data transmission system with full AMI capabilities. It is expected that the Contractor will be involved with the project through commissioning to ensure that their system is completely integrated. This project will carry a 20-year warranty and all costs associated with procuring equipment, developing implementation schedules, replacing meters, coordinating work with the Town of Breckenridge and its homeowners, filing any required permits, commissioning and testing the system, providing training, and “updating the system” including updating software or hardware for the term of the agreement must be included in pricing.

2. General Information

2.1 Demographics:

The project owner is the Town of Breckenridge, which is located near the base of the Rocky Mountains’ Tenmile Range in Summit County Colorado. The Town has a population of 5,100 and is located at 9,600’ in elevation with a design temperature of -2 ⁰F.

2.2 Reservation of Rights:

This request for proposals is a solicitation and not an offer to contract. Iconergy reserves the right to reject any and all proposals. Iconergy retains the right to abandon or terminate the RFP process at its discretion at any time.

Iconergy further reserves the right to issue clarifications and other directives concerning this request for proposals, to require clarification or further information with respect to any proposal, and to determine the final terms of any contract. Interviews may be required by Iconergy with selected Contractor to clarify Contractor proposals and to allow for contract negotiations. Acceptance of any proposal will be based upon factors including, but not limited to:

costs for service, completeness of proposal, thoroughness of information provided, prior experience, installation warrantee, and customer service standards.

2.3 Solicitation Process:

Proposals will be opened and scored and the pricing and technical scores shall be added together to determine a total score for award consideration for total project implementation.

Town of Breckenridge Water Meter RFP 3

2.4 RFP Schedule: A schedule of key dates for the project has been established as follows:

• October 14, 2024 Request for Proposals is distributed

• October 21, 2024 Any Questions from Bidders due

• October 28, 2024 Responses to bidder questions posted

• November 14, 2024 Proposals are due by noon (MST)

• November 2024 Notice of Selection

• February 2025 Notice to Proceed

• February- April 2025 Systems/Billing Integration (continued throughout construction period)

• April 2025 Start meter installations and data collection infrastructure

• October 1, 2025 complete installations

• December 2025 Project Completion

2.5 Conditions of Award

It is the intent of Iconergy to award to the best, technically qualified, responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents, judged to be fair and reasonable, and does not exceed the appropriated funds available. Iconergy shall be the sole judge of the bidder’s qualifications, and whether the bid is in the best interest of Iconergy and Owner.

Iconergy may conduct such investigations as Iconergy considers necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders and award in accordance with the bidding documents to Iconergy’s satisfaction within the prescribed time. Iconergy may consider, but not be limited to, operating costs, performance data, and guarantees of materials and equipment as part of its evaluation.

2.6 Amendments to the Request for Proposals:

Iconergy reserves the right to amend this Request for Proposal by an addendum at any time prior to the date set for receipt of proposals. It shall be the responsibility of the bidder to obtain all addenda. If revisions are of such a magnitude to warrant, in Iconergy’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

2.7 Pricing

Contractor must provide pricing as set forth in Section III - Cost Proposal.

2.9 Proposal Submission:

Proposals must be emailed and clearly identified with the RFP title, “Town of Breckenridge Water Meter Project – Contractor Proposal” and the Proposer’s name and address. Proposals must be sent via email and delivered no later than noon (MST) November 14, 2024. Addressed to:

Name: Lee Macke, Project Manager Email: Lmacke@iconergy.com

Proposals received after the time specified for receipt will not be considered.

2.10 Additional Information:

Proposals will be considered only from contractors or individuals that are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer goods and services in a professional and expedient manner. Iconergy reserves the right to be the sole judge of these criteria. Iconergy may mailto:Lmacke@iconergy.com

Town of Breckenridge Water Meter RFP 4 request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered non-responsive.

2.11 Confidentiality

Any privileged or confidential information in the bidder’s proposal shall be specifically identified as such by the bidder.

If any information is confidential, the Bidder shall agree to indemnify Iconergy for any and all attorney fees Iconergy may incur in defending the withholding of such information by signing and returning the letter found in this RFP. If, in the opinion of Iconergy’s legal counsel, Iconergy is compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, Iconergy may disclose such information without liability.

2.12 Bidder Acceptance of RFP

By submitting a proposal in response to this RFP, the bidder accepts all of the conditions described in this RFP, including those outlined in the Sample Design-Build Contract, and agrees to abide by all final decisions made by Iconergy.

For questions about this RFP, please contact: Lee Macke: Email: lmacke@iconergy.com

Attachments:

Section I - Scope of Service

Section II - Submission Requirements

Section III - Cost Proposal

Section IV - Grant Requirements

Town of Breckenridge Water Meter RFP 5

DIVISION I – SCOPE OF SERVICE

Iconergy is seeking a turnkey replacement system of existing mechanical water meters with drive-by radio communications now ~ 20 years old. New meters should be ultrasonic water meters with integral AMI hardware data collection system for the town of Breckenridge. Functions such as acoustic leak detection and a customer data interface are expected to be included with the system. Refer to bid and project schedule in “2.4 Proposed Schedule”.

Bid prices shall be in effect for a period of 90 days. The Town of Breckenridge reserves the right to negotiate an extension of the contract beyond the expiration date.

All bid prices should be inclusive of all work to replace existing meters and data collection system. This is an invitational bid procurement; however, this does not preclude other vendors from submitting a proposal.

Town’s Existing System

The town is currently using Itron’s Integral ERT drive-by system for all water meters. The current water meter reading system has surpassed its useful life and is no longer supported by the manufacturer and the batteries are beginning to fail, which prioritizes the timing of this upgrade to AMI. Missing meter reads lead to higher labor costs and lost revenue. The Town of Breckenridge, utilizing turnkey performance contracting services of Iconergy, will implement an AMI water metering system to conserve water, provide usage data to customers and the water department, and improve water metering accuracy and reliability. The Town’s water delivery system has approximately 5,200 water meters of which approximately 3,000 are residential. This project addresses a key next step for the Town to optimize the performance of the water system by implementing Advanced Metering Infrastructure and Enhanced Water Loss Control. The Town currently uses Caselle for billing and the new system must be integrated with the existing Caselle system as a part of this scope.

Town’s System Preferences for this project

The provider will provide a full turkey installation of meters – from procuring material and equipment, developing implementation schedules, replacing meters, coordinating work with the Town of Breckenridge and its homeowners , filing any required permits, commissioning and testing the system, providing training, and ensuring adequate software updates are made.

• Ultrasonic Water Meters preferred with some consideration for other equivalent performance technologies

• Data transfer and collection system must be a permanent network-based architecture able to communicate and collect information in the specified geologic region

• Capability for automated shut-off valves is preferred

• Cloud based support software

• Interface with desired closed network system

Meter Specifications

The Town will only accept ultrasonic water meters for this project.

• Meter shall meet or exceed all AWWA standards.

• Meter shall be of IP68 vacuum sealed construction.

• Meter shall be lead free and certified NSF/ANSI 61.

• Meter shall be read by 915 MHz Band RF Signal built in, or with 3-wire encode interface.

Town of Breckenridge Water Meter RFP 6

Desirable features:

• Flow

• Leak

• Acoustic Leak Detection

• Burst

• Tamper

• Dry

• Reverse

• Temperature and freeze alarm

• Maximum operating pressure of 250 PSI

• 460 days of data logging

• 20-year warranty

• Professional Services

Compatibility with WaterSmart Customer Portal Leak Detection – 1 year included, additional years billed direct to Breckenridge Meter Data Management Billing File Generation

Smart Radio Frequency Reading Devices

• Multiple communication options will be considered:

- Radio Frequency (RF)

- CAT-M (AT&T, Verizon and T-Mobile)

- WiFi

- Bluetooth

- LoRa

- GPS

• 20-year warranty

• Smart cellular reading device send 30 daily reads every month minimum

• Transmits meter alarms

• Customer alerts

Meter Locations

• Nearly all meters are located inside homes, businesses and other enclosures. There are several irrigation meter vaults. Access to each indoor meter will require owner permission and scheduled by the contractor with a process approved in advance by Breckenridge Water Department.

Required Warranty:

• System shall be warrantied (full warranty, not pro-rated) for a minimum term of 10 years from the date of installation and project acceptance. This warranty shall cover:

o Meters o Meter Accuracy (100% +/-1.5%) for 20 years o Battery life 20 years - (full warranty, not pro-rated) for a minimum term of 10 years o AMI system updates for the life of the warranty period including subsequent training as required for any upgrade.

Town of Breckenridge Water Meter RFP 7

Please include warranty options and costs with the RFP response

Meter Reading Device

• RF is preferred with options for the following technologies:

o Meter Reading device module shall be of a cellular technology reading on Verizon, ATT, or

T-Mobile o Meter Reading device module shall have a 20year, 10/10 warranty o Meter Reading device module shall have operational interface o Meter Reading device module shall be of CAT M Cellular Technology

• Meter Reading device shall send data to be interfaced with current Caselle billing system

• Meter Reading device shall Meet or Exceed all AWWA standards

Labor

• Shall be procured and under direction from the provider but must comply with full requirements of this RFP.

Town of Breckenridge Compliance

• All work is to comply with the Town of Breckenridge Public Works requirements located in the following:

o https://www.townofbreckenridge.com/departments/public-works/water/construction-water-lines-meters https://www.townofbreckenridge.com/home/showpublisheddocument/19524/63827712671 5270000

DIVISION II - SUBMISSION REQUIREMENTS

Limit the TOTAL LENGTH of the core proposal to twenty (20) pages maximum, on 8 ½” X 11” size paper, with a minimum font size of 11 point. If an 11 X 17 page is used, it will count as two pages. The cover page, separation tabs, index and/or table of contents, front and back covers, title page, separation tabs are not part of the page count, as long as they do not contain “narrative text”. Please use tabs to help show the separation of the proposal sections.

Electronic submittals in searchable Adobe Acrobat (.pdf) format are preferred. E-mail the proposal as a single file to the RFP administrator. Receipt of delivery will be provided via e-mail.

Proposals shall include the following items in the order listed below:

• Cover Letter: Cover letter should provide an introduction and brief executive summary of the Proposal, Primary Contact Name, Telephone Number and Email Address.

• Proposer’s methodology, approach and understanding of the project scope. Proposer’s vision of the project, understanding of site-specific information and characteristics.

o Optionally describe any refinements or modifications to the scope of work that would be better suited for your team and the overall quality of the project as an alternate proposed solution (if applicable).

https://www.townofbreckenridge.com/departments/public-works/water/construction-water-lines-meters https://www.townofbreckenridge.com/departments/public-works/water/construction-water-lines-meters https://www.townofbreckenridge.com/home/showpublisheddocument/19524/638277126715270000 https://www.townofbreckenridge.com/home/showpublisheddocument/19524/638277126715270000

Town of Breckenridge Water Meter RFP 8 o Demonstrate knowledge and experience working with water metering projects of similar size and complexity.

o Describe plans for storing/staging materials, recycling/disposable, workings shifts, any planned premium labor time, and other logistics required to execute this project according to the project schedule.

• Quality Control Process and Coordination description. Expand on your team’s process and internal procedures for staying on schedule, coordinating the work, and maximizing quality control of staff and all sub-Proposers.

• Proposed project team organization. Provide brief qualifications of key personnel that will be assigned to the project including:

o Demonstrate past experience of the primary Project Team for a minimum of three (3) completed projects in the last five (5) years of similar size and scope. Provide date, size and cost of each project.

o Identify key personnel assigned to the project team, including profession designations, certifications and other professional registration requirements, including technical training, past design and field experience, and installation experience and capabilities. Indicate key personnel’s knowledge of applicable codes and specific experience with specialty systems relative to this Scope of Work.

o Include an organization chart including all key personnel.

• Project Schedule: This should detail your approach and/or methods to design and build the project. Schedule should include a description of any key elements needed from the Town or its Proposers to allow the schedule to be maintained. Response should include a description of how contractor proposes minimal homeowner disturbances and limited revenue billing collection downtime. The project schedule, at a minimum, should include the following milestones:

o Project Kick-Off Meeting o Permitting o Mobilization o Expected delivery of equipment o Installation o Commissioning and Start-Up o Final Acceptance

• References: At least five (5) references for similar projects completed within the past five (5) years shall be provided in the Proposal. The reference information should include the owner’s representative, his/her contact information (including phone and e-mail address), and a brief description of the project.

• Financial: Provide documentation necessary to validate financial stability of Proposer’s firm such as financial statements, letters from bonding firms, or other documentation demonstrating financial capacities.

• List any and all claims arising out of any materials by the Contractor during the last five (5) years.

• Bidders shall submit specifications for each meter along with proposal to include:

o Plans for guaranteed meter procurement to meet installation timeline o Operating specifications o Accuracy specifications o Warranty information

Town of Breckenridge Water Meter RFP 9 o AWWA standards o Antenna specifications o Anticipated O&M requirements for system o Data storage ability of AMI system

• Acknowledgment of all reporting requirements.

Town of Breckenridge Water Meter RFP 10

DIVISION III – COST PROPOSAL

Products to be provided base scope:

Item Number Description Approximate

Quantity Model Number Recommended

Unit Price (Material)

Unit Price

(Labor)

Total Price

Ultrasonic Meter: 1-1/2”

(5/8”x3/4”x7-1/2”)

Ultrasonic Meter: 1”

Ultrasonic Meter: 2”

Ultrasonic Meter: 2” TURBO

Ultrasonic Meter: 2”-3” COMP

Ultrasonic Meter: 3”

Ultrasonic Meter: 3” TURBO

Ultrasonic Meter: 3/4”

Ultrasonic Meter: 4” COMP

Ultrasonic Meter: 4”

Ultrasonic Meter: 4” TURBO

Ultrasonic Meter: 4”-6” COMP

Ultrasonic Meter: 5/8”

Ultrasonic Meter: 6” COMP

Ultrasonic Meter: 6” TURBO

16 Ultrasonic Meter for Bulk Meter 2” 1

Town of Breckenridge Water Meter RFP 11

Item Number Description Approximate

Quantity Model Number Recommended

Unit Price (Material)

Unit Price

(Labor)

Total Price

17 Ultrasonic Meter for Bulk Meter 1.5” 1

18 Radio or Smart Cellular Reading Devices 5,214

Project Management (General Conditions, Mobilization, Permits, Etc.) 1

Ongoing Professional Services (Customer portal, leak detection, meter data management, billing)

Handheld equipment (if needed for activation or troubleshooting of meters and hardware)

21 Training for Town employees (state recommended hours/days of training) 1

Sum

Notes:

Town of Breckenridge Water Meter RFP 12

DIVISION IV – GRANT REQUIREMENTS

Colorado State Revolving Fund Required Specifications

Section 1 Davis Bacon Prevailing Wage Requirements This contract is governed by the Davis Bacon and Related Acts and is subject to General Decision Number CO20240003 dated 9/20/2024__

A copy of this General Decision Number is attached as an Exhibit to this document.

The SRF Program is subject to Davis Bacon and Related Acts, which extends the requirements of the Davis-Bacon Act. Compliance with the Davis-Bacon Act is required for any project funded by the Drinking Water Revolving Fund (DWRF) or Water Pollution Control Revolving Fund (WPCRF) programs. Non-Compliance with the Davis-Bacon Act may result in debarment and suspension from working on future projects funded with federal dollars for up to three years and/or loss of funding for the current project.

Preamble

With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each State which in turn provides sub-grants or loans to eligible entities within the State. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set forth under Roman numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section I - 5.

Attachment 1

Wage Rate Requirements under:

● The Consolidated Appropriations Act, 2016 (P.L 114-133), or

● The Water Resources Reform and Redevelopment Act of 2014 (WRRDA):

I. For Subrecipients that Are Governmental Entities:

The following terms and conditions specify how recipients will assist EPA in meeting its Davis - Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under The 2014 Act with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State recipient. The recipient or subrecipient may also obtain additional guidance from US Department of Labor (DOL) web site at https://www.dol.gov/agencies/whd/government-contracts/construction

1. Applicability of the Davis-Bacon (DB) prevailing wage requirements.

Under The Consolidated Appropriations Act, 2016, or The Water Resources Reform and Redevelopment Act of 2014, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site.

2. Obtaining Wage Determinations.

(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract.

(1) While the solicitation remains open, the subrecipient shall monitor https://sam.gov/ weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify https://www.dol.gov/agencies/whd/government-contracts/construction https://sam.gov/

Town of Breckenridge Water Meter RFP 13 interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient.

(2) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor https://sam.gov/ on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current.

(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from https://sam.gov/ into the ordering instrument.

(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations.

(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination.

3. Contract and Subcontract provisions.

(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment works under the Clean Water State Revolving Fund (CWSRF) or a construction project under the Drinking Water State Revolving Fund (DWSRF) financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or The 2014 Act, the following clauses:

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(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 § 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 classification and wage rates conformed under paragraph (a)(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.

Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, https://sam.gov/

Town of Breckenridge Water Meter RFP 14

(ii) (A)The subrecipient(s), on behalf of EPA, 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 State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore 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 subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient(s) to the State award official. The State award official will transmit the request 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 request within 30 days of receipt and so advise the State award official or will notify the State award official 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 subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request 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.

(2) Withholding.

(i) The subrecipient(s) shall, upon written request of the EPA Award Official or 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, all or part of the wages required by the contract, the Federal Agency or State 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.

Town of Breckenridge Water Meter RFP 15

(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. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii) (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.

The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.

Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s).

(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 provided under § 5.5

(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and http://www.dol.gov/whd/forms/wh347instr.htm

Town of Breckenridge Water Meter RFP 16 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 or State 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U .S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

Town of Breckenridge Water Meter RFP 17

(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 EPA determines may by appropriate, 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 Subrecipient(s), State, EPA, 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.

4. Contract Provision for Contracts in Excess of $100,000.

(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above, or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(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 (a)(1) of this section, the contractor and any subcontractor responsible, therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(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 (a)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award

Official or an authorized representative of the Department of Labor, shall 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

Town of Breckenridge Water Meter RFP 18 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 (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph

(a)(1) through (4) of this section, and also a clause requiring the subcontractors to include these clauses in…