HomeMy WebLinkAbout6759RESOLUTION NO. 6759
A RESOLUTION AWARDING A CONTRACT FOR APPLICATION OF A
POROUS FRICTION COURSE ON RUNWAY 17/35 AT PUEBLO MEMORIAL
AIRPORT UNDER AIRPORT IMPROVEMENT PROJECT NO. 3 -08- 0046 -11
AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
WHEREAS, PROPOSALS FOR THE APPLICATION OF A POROUS FRICTION COURSE
ON RUNWAY 17/35 AT PUEBLO MEMORIAL AIRPORT HAVE BEEN RECEIVED AND EXAMINED;
AND:
WHEREAS, THE PROPOSAL OF BRODERICK & GIBBONS, INC. WAS THE ONLY
BID RECEIVED FOR THE PROJECT, HOWEVER, IT HAS BEEN DETERMINED TO BE RESPONSIBLE,
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO
THAT:
SFCTTnN I-
A CONTRACT FOR APPLICATION OF A POROUS FRICTION COURSE ON RUNWAY
17/35 IS HEREBY AWARDED TO SAID BIDDER IN THE AMOUNT OF $377,726.75.
SECTION 2:
THE CITY'S MATCHING FUNDS IN THE AMOUNT OF $37 ARE HEREBY
AVAILABLE IN ACCOUNT NUMBER 36-1991-796,0-40-85.
SECTION 3:
THE PRESIDENT OF THE COUNCIL BE, AND IS HEREBY AUTHORIZED TO EXECUTE
SAID CONTRACT ON BEHALF OF PUEBLO, A MUNICIPAL CORPORATION AND THE CITY CLERK
SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME.
INTRODUCED JUNE 10, 1991
BY HOWARD WHITLOCK
CO NCILPERSON
APPROV
ATTEST:
CI E N O T E CITY COUNCIL
Page 1 of 6
BID TABULATION
PUB - 1433/93
PUEBLO MEMORIAL AIRPORT
Bid Date:
PUEBLO, COLORADO
May 17, 1991
AIP PROJECT NO. 3 -08- 0046 -11
SUMMARY SHEET
SCHEDULE 1
Apply Bituminous Porous Friction Course on Runway 17/35
Engineer's Estimate
Broderick &
Gibbons, Inc.
DBE Goals
17%
17.05%
Total Estimated Cost - Schedule I
$444,951.00
$377
SCHEDULE II
Install Runway /Runway Intersection Signs
Install Airfield Lighting Control System
Modify Lighting Equipment Vault
Replace Electric Operated Gate
Engineer's Estimate
Collier
Main
Acme Electric of
Pueblo
Electric Company
Electric, Ltd.
Salida, Inc.
Electrics, Inc.
DBE Goals
13.7%
13.7%
13.7%
14%
17 %
Total Estimated Cost - Schedule II
$162,515.00
* $124,421.25
$167 1 569.50
$173,286.50
$184,423.15
* Extension Error
Page 1 of 6
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 11119202551
That we, the undersigned, Brodrick an, d Gibbons. Inc,* as Principal, and
THE AMERICAN INSURANCE COMPANY, Omaha, Nebraska
a corporation organized and existing under and by virtue of the laws of the State of _
Nebraska and duly authorized to transact business in the State of Colorado, as
Surety, are held and firmly bound unto the City of Pueblo, Colorado, hereinafter referred
to as the Sponsor, in the penal sum of Three Hundred Seventy Seven Thousand. Seven
Hundred Twenty Six and 75/100 dollars ($ 377.726.75) , lawful money of the United States
of America, for the payment of which well and truly to be made the said Principal and
the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents, as follows:
*615 Santa Fe Drive, Pueblo, Colorado 81006
The condition of the above obligation is such that:
WHEREAS, the said Principal has entered into a written contract with the City of
Pueblo, for improvements to Pueblo Memorial Airport, under AIP Project No. 3 -08- 0046 -11,
City Project No. 91- 042, ` * in conformity with the drawings, plans, general conditions, and
specifications prepared by Isbill Associates, Inc., of Aurora, Colorado, which contract,
drawings, plans, general conditions, and specifications are hereby referred to and amado a
part hereof, the same to all intents and purposes as if written at length herein, in which
contrast the said Principal has contracted to perform the work specified in said contract
i accordance with the terms hereof;
Pueblo, Colorado
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if
the above bonded Principal shall well, truly, and faithfully perform said contract and any
alterations in and additions thereto and comply with all of the terms and provisions
thereof except that no change will be made which increases the total contract price by
more than 25 percent in excess of the original contract price without notice to the Surety,
then this obligation to be void, otherwise to remain in full force and virtue, and comply;
and shall fully indemnify and save harmless the Sponsor from all damages, claims,
demands, expense and charge of every kind (including claims of patent infringement)
arising from any act, omission, or neglect of said Principal, his agents, or employees with
relation to said work; and shall fully reimburse and repay to the Sponsor all costs,
damages, and expenses which they may incur in making good any default based upon the
failure of the Principal to fulfill his obligation to furnish maintenance, repairs or
replacements for the full guarantee period provided in the specification contained herein
then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
Further conditions of the foregoing obligations are such that the Principal and
Surety will guarantee the work performed under this contract against defects in
workmanship performed by the Principal and all defects in materials furnished by him
which appear within a period of one calendar year after the final acceptance of the work
by the Sponsor. Under this guarantee, the Principal and Surety shall repair or replace all
IX -1
defective workmanship and material provided by the Principal appearing within one year
after the comp - tetion and acceptance of the work, at no cost to the Sponsor.
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the
contract or to the work to be performed thereunder, or the specifications accompanying
the same shall in anywise affect its obligations of this bond, and it does hereby waive
notice of any such change, extension of time, alteration, or addition to the terms of the
contract or to the work, or the specifications.
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals
at Pueblo, Colorado and Denver, Colorado
this j0 day of 199_x__, A.D.
141K AMERICAN INSURANCE COMPANY
Surety
B y: . /,/,.
Cel to M e, Atto ey —in —Fact
*MW B
(SEA
Shelley Cox Witness
Denver, Colorado
Brodrick and Gibbons, Inc.
Princip - - IContractor) f ,
B y:
WILLIAM A. GOWER - President
Attest4
WILLIAM A. GOWER II
Assistant Secretary
(Accompany this bond with Attorney -In- Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
The American Imam Cowp the Talbert corporation
P. 4. Box 888 s u t �r 110 DS nr r s u r� .
Pittsburgh, PA 15230
P O BOX 9364, DENVER, CO 80209
AREA CODE 303/839-1773
IX -2
PAYMENT BOND
KNOWN ALL MEN BY THESE PRESENTS:
Bond No. 11119202551
That we, the undersigned, Brodrick and Gibbons. Inc *as Principal, and
THE AMERICAN INSURANCE COMPANY, Omaha, Nebraska
a corporation organized and existing under and by virtue of the laws of the State of
Nebraska , and duly authorized to transact business in the State of Colorado,
as Surety, are held and firmly bound unto the City of Pueblo, Colorado, hereinafter
referred to as the Sponsor, in the penal sum of Three Hundred Seventy Seven Thousand.
Seven Hundred Twenty Six and 75/100 dollars ($ 377.726.75) , lawful money of the United
States of America, for the payment of which well and truly to be made the said Principal
and the said Surety do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents, as follows:
*615 Santa Fe Drive, Pueblo, Colorado 81006
The condition of the above obligation is such that:
4 h t _
WHEREAS, the said Principal has entered into a written contract with the City of
Pueblo, for improvements to Pueblo Memorial Airporetnder AIP Project No. 3 -08- 0046 -11,
C, -ty. Project No. 91 -042, in conformity-. the drawings, plans, general cond itions, and
specifications prepared '`by Isbifl Ass�6idtes, Inc., of Aurora, Colorado, which contract,
drawings, plans, general conditions, and specifications are hereby referred to and made a
part Hereof, the same to all intents and purposes as if written at length herein, in which
contras -the said Principal has contracted to perform the work specified in said contract
in accordance with the terms hereof;
* *Pueb1o, Colorado
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the
above Principal shall well, truly, and faithfully satisfy all claims and demands incurred
by the Principal in the performance of said contract and any additions thereto, except that
no change will be made which increases the total contract price by more than 25 percent
in excess of the original contract price without notice to the Surety, then this obligation
to be void, otherwise to remain in full force and virtue, and comply; and shall satisfy all
claims and demands incurred in the performance of said contract and shall fully
indemnify and save harmless the Sponsor from all damages, claims, demands, expense and
charge of every kind (including claims of patent infringement) arising from any act,
omission, or neglect of said Principal, his agents, or employees with relation to said work;
and shall fully reimburse and repay to the Sponsor all costs, damages, and expenses which
they may incur in making good any default based upon the failure of the Principal to
fulfill his obligation to furnish maintenance, repairs or replacements for the full guarantee
period provided in the specification contained herein and a condition of this bond shall
be that the Contractor shall at all times promptly make payments of all amounts lawfully
due to all persons supplying or furnishing him or his subcontractors with labor' and
materials used or performed in the prosecution of work provided for in the above contract,
and that the undersigned will indemnify and save harmless the Sponsor for the extent of
any and all payments in connection with the carrying out of such contract, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
IX -3
PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor,
materials, tea sustenance, provision, provender, gasoline, lubricating oils, fuels, oils,
grease, coal, or any other supplies or materials used or consumed by said Contractor or his
subcontractors in performance of the work contracted to be done, the Surety will pay the
same in any amount as provided by law.
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the
contract or the specifications accompanying the same shall in anywise affect its obligations
of this bond, and it does hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the contract or to the work, or the specifications.
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals
at Pueblo and Denver, Colorado this I Al- of 199 i A.D.
THE AMERICAN INSURANCE COMPANY
Surety ' /
Byy: _
Ce este M re, Att rney -in -Fact
ako AUMM By. c6c
(SEAL)
Shelley Cox Witness
Denver, Colorado
Brodrick and Gibbons, Inc.
Principal (Contractor)
Y•
WILLIAM A. GOWER - President
Attest:
WILLIAM A. GOWER II
Assistant Secretary
(Accompany this bond with Attorney -In- Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
The Am ;= Ms =ft C0104
P. 0. Box 888
Pittsburgh, PA ISM
IX -4 the Talbert corporation
s'UOETY 1111ND3 AND INSURANCE
P O BOX 9364, DENVER, CO 89209
AREA CODE 3031839 -1773
GENERAL
A Y THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of
Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint B. R. CLARK, CHARLES H. FLECK,
COURTNEY T. PETERSON, CAROL BRONDER, ROBERT J. SUNICH, LEON B. DARTOIS, JAMES S. ROSULEK,
J. R. RICHARDS, WILLIAM K. BARBOUR and CELESTE MOORE, jointly or severally
DENVER, CO
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking, recognizances or other written obligations in the nature thereof ------------------------------- - - - - --
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -laws of THE AMERICAN INSURANCE COMPANY now full force and
effect.
"Article VII. Appoint and Antawifty of Resident Secretaries, Attolneys4e -Feet sadAS=& to accept LeSW Process and Mahe Appearances.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice- President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice- President may, from time to time, appoint Resident Assistant Secretaries and
Attorneys-in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a mating duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation!'
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via - President, and its corporate seal to
be hereunto affixed this 1S day of
1�`
r,
i
s � Gq �NCE
June
STATE OF CALIFORNIA as.
COUNTY OF MARIN
By
19 90
THE AMERICAN INSURANCE COMPANY
Vice- President
On this 1St day of June , 19 90 before me personally came R. D. Farnsworth
to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
nlunn//nnnn////n/ "Mu
OFFICIAL SEAL
J. M. V (�
NOTARY PUBLIC -CALIFORNIA Notary Public
Principal Office in Marin County
AAW CaambsW 1xpim Aug. 28, 1992 CERTIFICATE
/ n/ n/ are/ 1/ IIHINNNINiNIp/Nn!!n / //N /N/ //1 /� �
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA. Corporation, DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the
By -lawn of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signed.snd sealed at the County of Marin. Dated the day of
a
kCE ``o�QF�
19 .
360711- TA-&90 (REV)
CONTRACT AGREEMENT
FOR
IMPROVEMENTS TO
PUEBLO MEMORIAL AIRPORT
PUEBLO, COLORADO
AIP PROJECT NO. 3 -08- 0046 -11
CITY PROJECT NO. 91 -042
THIS AGREEMENT, made and entered into this
day of
JUNE 19 91 by and between the City of Pueblo,
hereinafter referred to as the "Sponsor" and, Brodrick and Gibbons, Inc., Second Party,
hereinafter referred to as the "Contractor."
WITNESSETH:
Article 1. STATEMENT OF THE WORK. The Contractor shall furnish all labor
and materials and perform all work for improvements to Pueblo Memorial Airport, under
AIP Project No. 3- 08- 0046 -11, City Project No. 91 -042, Schedule I in strict accordance with
the Contract Documents, Plans, and Specifications dated April 18, 1991, prepared by Isbill
Associates, Inc., for improvements to Pueblo Memorial Airport. He shall complete this
work within 10 working days from the effective date of the Notice to Proceed.
Article 2. It is hereby further agreed, that, in consideration of the faithful
performance of the work by the Contractor, the Sponsor shall pay the Contractor the
compensation due him by reason of said faithful performance of the work, at stated
intervals and in the amounts certified by the Engineer in accordance with the provisions
of this Contract.
Article 3. It is hereby further agreed, that, in the completion of the work and its
acceptance by the Sponsor all sums due the Contractor by reason of his faithful completion
of the work, taking into consideration additions to or deductions from the contract price
by reason of "Force Account" work authorized under this Contract in accordance with the
provisions of this Contract, will be paid the Contractor by the Sponsor after said
completion and acceptance. Final acceptance cannot be made by the Sponsor until any and
all proper legal advertisements have been made.
Article 4. It is hereby further agreed that any reference herein to the "Contract"
shall include all "Contract Documents" as the same are listed and described in the General
Provisions and Proposal of the Specifications, issued in connection with the improvements
to Pueblo Memorial Airport, under AIP Project No. 3- 08- 0046 -11, City Project No. 91 -042,
and said "Contract Documents" are hereby made a part of this agreement as fully as if set
out at length herein.
Article 5. Contract Clauses and Requirements for Construction Contracts.
A. General and Labor Clauses for All Construction Contracts and Subcontracts.
1. Airport Improvement Program Project. The work in this contract is
included in Airport Improvement Program Project No. 3- 08- 0046 -11, City
Project No. 91 -042, which is being undertaken and accomplished by the
Sponsor in accordance with the terms and conditions of a grant agreement
IOTH
VIII -1
A
between the Sponsor and the United States under the Airport and Airway
improvement Act of 1982, as amended, pursuant to which the United States
has agreed to pay a certain percentage of the costs of the project that are
determined to be allowable project costs under the Act. The United States
is not a party to this contract and no reference in this contract to the FAA
or any representative thereof, or to any rights granted to the FAA or any
representative thereof, or the United States, by the contract, makes the
United States a party to this contract.
2. Consent to Assignment. The Contractor shall obtain the prior written
consent of the Sponsor to any proposed assignment of any interest in or part
of this contract.
3. Convigt Labor. No convict labor shall be employed under this contract.
4. Veterans' Prefergnce. In the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to
qualified individuals who have served in the military service of the United
States [as defined in Section 101 (1) of the Soldiers' and Sailors' Civil Relief
Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorably
discharged from the service, except that preference may be given only where
that labor is available locally and the individual is qualified to perform the
work to which the employment relates.
5. Withholding. Sponsor from Contractor. Whether or not payments or
advances to the Sponsor are withheld or suspended by the FAA, the Sponsor
may withhold or cause to be withheld from the Contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics employed by the Contractor or any subcontractor on
the work the full amount of wages required by this contract.
6. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay
any laborer or mechanic employed or working on the site of the work any
of the wages required by this contract, the Sponsor may, after written notice
to the Contractor, take such action as may be necessary to cause the
suspension of any further payment or advance of funds until the violations
cease.
7. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used
in the performance of this contract.
8. Subcontracts. The Contractor shall insert in each of his subcontracts the
provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and
also a clause requiring the subcontractors to include these provisions in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be
made.
9. Contract Termination. A breach of paragraphs 6, 7 and /or 8 may be
grounds for termination of the contract.
VIII -2
B. Miscellaneous Clause Reauirements for All Construction Contracts and Subcontracts
Unless Otherwise Indicgtgd.
During the performance of this contract, the Contractor, for itself, its as-
signees and successors in interest (hereinafter referred to as the "Contractor ")
agrees as follows:
1. Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of
the Department of Transportation (Title 49, Code of Federal Regulations,
Part 21), as they may be amended from time to time, (hereinafter referred
to as the Regulations), which are incorporated by reference and made a part
of this contract.
2. Nondiscrimination. The Contractor, with regard to the work performed by
it during the contract, shall not discriminate on the grounds of race, sex,
age, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontractors Including Procurements of Materials and
Eauipment. In all solicitations either by competitive bidding or negotiation
made by the Contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, sex, age, color, or national origin.
4. Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directive issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Sponsor or the
FAA to be pertinent to ascertain compliance with such Regulations, orders
and instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Sponsor or the FAA as
appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of the Contractor's non-
compliance with the nondiscrimination provisions of this contract, the
Sponsor shall impose such contract sanctions as it or the FAA may determine
to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the contract until
the Contractor complies, and /or
VIII -3
b. Cancellation, termination or suspension of the contract, in whole or
-- A in part.
6. Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs 1 through S in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the regulations or
directives issued pursuant thereto. The Contractor shall take action with
respect to any subcontract or procurement as the Sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that, in the event
a Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Contractor may
request the Sponsor to enter into such litigation to protect the interests of
the Sponsor and, in addition, the Contractor may request the United States
to enter into such litigation to protect the interests of the United States.
7. Breach of Contract Terms - Sanctions. Any violation or breach of the terms
of this contract on the part of the Contractor /Subcontractor may result in
the suspension or termination of this contract or such other action which
may be necessary to enforce the rights of the parties of this agreement. The
terms and conditions of paragraph 80 -09 of the General Provisions of these
Contract Documents are hereby made a part of this agreement as fully as if
set out at length herein.
8. Contract Termination. (For contracts in excess of $ 10,000.) This contract
may be terminated by the Sponsor for default or any other conditions or
circumstances beyond the control of the Contractor. Termination conditions,
the manner by which it will be effected and the basis for settlement are as
follows:
"In the event that the Sponsor is prohibited from completing the project
because of conditions or circumstances beyond the control of either the
Sponsor or the Contractor such as, but not limited to, an Executive Order of
the President with respect to the prosecution of war or in the interest of
national defense or an order of any State or Federal Court permanently
prohibiting the construction of the project, the Sponsor, acting by and
through its Airport Manager, may terminate the Contract or portion thereof
by giving at least ten (10) days written notice thereof to the Contractor.
When the Contract, or any portion thereof, is terminated before completion
of all items of work in the Contract, payment will be made for the actual
number of units or items of work completed at the Contract price. On items
or units which are only partially completed, payment will be made in
proportion to the completed work as determined by the Engineer in his sole
and absolute discretion, bears to the total bid price. Acceptable materials,
obtained or ordered in the work at the time of such termination, shall at the
option of the Sponsor be purchased from the Contractor at actual cost as
shown by receipted bills and actual cost records at the point of delivery.
The intent of this provision is to provide a method of equitable settlement
with the Contractor in the event of termination of the Contract because of
VIII -4
conditions or circumstances beyond the control of either party. Loss of
anticipated profits shall not be considered. It is also the intent of this
provision that a settlement for the work performed shall not relieve the
Contractor or his surety from responsibility for defective work and /or
materials on the completed portion of the work, nor for labor and materials
as expressed in the surety bond or bonds. The Airport Manager or his
authorized representatives shall be given full access to all books,
correspondence and papers of the Contractor relating to this Contract in
order to determine the amounts to be paid on account of the termination of
the Contract."
9. Rights to Inventions - Materials. (For contracts or agreements involving
imported products, processes, methods, etc.) All rights to inventions and
materials generated under this contract are subject to regulations issued by
the FAA and the recipient of the Federal grant under which this contract
is executed. Information regarding these rights is available from the FAA
and the Sponsor.
C. Access to Documents. Records. Etc,
1. For All Cost Reimbursement Tvoe of Contracts.
The Contractor shall maintain an acceptable cost accounting system. The
Sponsor, the Administrator of the FAA and the Comptroller General of the
United States, or an authorized representative of either, shall be allowed
access to the Contractor's records which are pertinent to the contract for the
purpose of accounting and audit. The Contractor shall maintain all required
records for three years after the Sponsor makes final payment and all other
ending matters are closed.
2. FQr All Negotiated Contracts in Excess of 510.000.
The Contractor shall maintain an acceptable cost accounting system. The
Sponsor, the FAA, the Comptroller General of the United States, or any of
their duly authorized representatives, shall be allowed access to any books,
documents, papers and records of the Contractor which are directly pertinent
to an AIP project(s) for the purpose of making audit, examination, excerpts
and transcriptions. The Contractor shall maintain all required rewards for
three years after the Sponsor makes final payment and all other pending
matters are closed.
D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess
of 52.000.
1. Minimum Wastes.
a. All laborers and mechanics employed or working on 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 the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of
VIII -S
wages and bona fide fringe benefits (or cash equivalent 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 (b)(2) of the
Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to 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 sent in each
classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed
.under (1)(ii) of this section and the Davis -Bacon poster (WH -1321)
shall be posted all times by the Contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can
easily be seen by the workers.
b. 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 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 determinations;
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.
C. 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
VIII -b
contracting officer to the Administrator of the Wage and Hour
_ Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 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. (Approved by the
Office of Management and Budget under OMB Control Number 1215-
0140).
d. 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. (Approved by the Office of
Management and budget under OMB Control Number 1215- 0140).
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(c) or (d) of this paragraph,
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.
f. 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.
g. 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 as in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of
Management and budget under OMB Control Number 1215- 0140).
2. Withholdina. The Federal Aviation Administration or the Sponsor 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
VIII -7
prevailing wage requirements, which is held by the same Prime Contractor,
s 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 work, all or part of the wages required by the
contract, the Federal Aviation Administration 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. Payroll and Basic Records.
a. 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 as described in l(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 l(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 costs 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. (Approved by the Office of Management
and Budget under OMB Control Numbers 1215 -0140 and 1215- 0017).
b. The Contractor shall submit weekly, for each week in which any
contract work is performed, a copy of all payrolls to the applicant,
Sponsor, or owner, as the case maybe, for transmission to the Federal
Aviation Administration. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under paragraph (3)(a) above. 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, D.C. 20402. The Prime Contractor is
responsible for the submission of copies of payrolls by all
VIII -8
subcontractors. (Approved by the Of f ice of the Management and
Budget under OMB Control Number 121 5 - 0149).
C. 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 paragraph (3)(a)
above and that such information is correct and complete;
(2) That each laborer and 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 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.
d. The weekly submission of a properly executed certification set forth
of the reverse side of Optional Form WH -347 shall satisfy the
requirement for submission of the "Statement of Compliance" required
by paragraph (3)(c)(2) of this section.
e. 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. The Contractor or subcontractor shall make the records
required under paragraph(3)(a) of this section available for inspection,
copying or transcription by authorized representatives of the Sponsor,
the Federal Aviation 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.
VIII -9
4. Aporentices and Trainees.
_ _,.
a. 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, of if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as to
the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification
of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
Where a Contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits, in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator 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 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.
b. 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
VIII -10
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 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.
C. Eauai 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 Reouirements 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 Part 5.5(a)(1) through (10) and
such other clauses as the Federal Aviation 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 contract clauses in 29 CFR
Part 5.5.
7. Contract Termination: Debarment. A breach of the contract clauses in
paragraph (1) through (10) of this section and paragraphs (1) through (5) of
the next section below may be grounds for termination of the contract, and
for the debarment as a contractor and subcontractor as provided in 29 CFR
5.12.
VIII -11
8. Comoliance With Davis -Bacon and Related Act Renuirements All rulings
and interpretations of the Davis -Bacon and Related Acts contained in 29
CFR Parts 1 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 of 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 of 29 CFR 5.12(x)(1).
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
11. Overtime Reauirements 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,
including watchmen and guards, 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.
12. Violation: Liability for Unpaid Wages: Liquidated Damages In the event of
any violation of the clause set forth in paragraph 11 above, the Contractor
or any subcontractor responsible therefor 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 11 above, 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 11
above.
VIII -12
13. Withholding for Unpaid Wages and Liquidated Damages The Federal
Aviation Administration or the Sponsor 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 monies 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 12 above.
14. Subcontractors The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs 11 through 14 and also a
clause requiring the subcontractor 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 11 through 14.
15. Working Conditions No Contractor or subcontractor may require any laborer
or mechanic employed in the performance of any contract to work in
surroundings or under working conditions that are unsanitary, hazardous or
dangerous to his health or safety as determined under construction safety
and health standards (29 CFR Part 1926) issued by the Department of Labor.
E. Eoual Employment Opportunity Clause For All Construction Contracts and
Subcontracts Exceeding $10.000. During the performance of this Contract, the
Contractor agrees as follows, except any contracts /subcontracts (or certifications
preliminary thereto) with a state or local government or any agency, instrumentality
or subdivision of such governments which does not participate in work on or under
the Contract or subcontract.
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, or national origin. The
Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard
to their race, color religion, sex or national origin. 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. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, age, or national origin.
VIII -13
3. The Contractor will send to each labor union or representative of workers
- With which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
worker's representatives of the Contractors' commitments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
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. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provision
of this nondiscrimination clause.
4. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended, and of the rules, regulations and relevant
orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1975, as amended, and by rules,
regulations and others of the Secretary of Labor, or pursuant, thereto, and
will permit access to his books, records and accounts by the FAA and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations or orders,
this Contract may be cancelled, terminated or suspended in whole or in part
and the Contractor may be declared ineligible for further Government
contracts or Federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, or by rule, regulation or order of the Secretary of Labor, or as
otherwise provided by Law.
7. The Contractor will include the portion of the sentence immediately
preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every
subcontract or purchase order unless exempted by rules, regulations or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1975, as amended, so that such provisions will be
binding upon each subcontractor of Vendor. The Contractor will take such
action with respect to any subcontract or purchase order, enforcing such
provisions, including sanctions for noncompliance; provided, however, that
in the event a Contractor becomes involved in, or is threatened with
litigation with a subcontractor or Vendor as a result of such direction by the
FAA the Contractor may request the United States to enter into such
litigation with a subcontractor or Vendor as a result of such direction by the
FAA the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
VIII- 14
F. Disadvantaged Business Enterprises (DBE)
.--A-
1. Contractor Responsibilities The Contractor shall agree to the below stated
Department of Transportation Policy and Disadvantaged Business Enterprises
Obligation and further agree to insert the following clauses a, b, and c in
any subcontracts.
a. Policy It is the policy of the Department of Transportation (DOT)
that Disadvantaged Business Enterprises as defined in 49 CFR Part
23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds. Consequently, the DBE requirements of 49 CFR Part 23 apply
to this contract.
b. DBE Obligation The Contractor shall agree to ensure that
Disadvantaged Business Enterprises as defined in 49 CFR Part 23
have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds.
Consequently, the DBE requirements of 49 CFR Part 23 to ensure that
Disadvantaged Business Enterprises have the maximum opportunity to
compete for and perform contracts. Contractors shall not discriminate
of the basis of race, color, national origin, or sex in the award and
performance of DOT assisted contracts.
C. Compliance Failure by the Contractor or subcontractors to carry out
the DOT Policy and DBE Obligation as set forth above shall
constitute a breach of contract which may result in termination of
the contract or such other remedy as deemed appropriate by the
Sponsor.
2. Documentation The Contractor shall keep such records as are necessary to
show compliance with the Sponsor's DBE Program and, on the request of the
Sponsor, shall make such records available for review by the Sponsor and the
FAA.
G. Clean Air and Water Pollution Control Requirements for All Construction Contracts
and Subcontracts Exceeding S 100.000.
Contractors and Subcontractors agree:
1. That any facility to be used in the performance of the contract or to benefit
from the contract is not listed on the Environmental Protection Agency
(EPA) list of Violating Facilities.
2. To comply with all the requirements of Section 114 of the Clean Air Act,
as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to
inspection, monitoring, entry, reports, and information, as well as all other
requirements specified in Section 114 and Section 308 of the Acts,
respectively, and all other regulations and guidelines issued thereunder.
VIII -15
3. That as a condition for award of a contract they will notify the awarding
o`tficial of the receipt of any communication from the EPA indicating that
a facility to be utilized for performance of or benefit from the contract is
under consideration to be listed on the EPA List of Violating Facilities.
4. To include or cause to be included in any contract or subcontract which
exceeds $100,000 the aforementioned criteria and requirements.
H. Bonding Clauses for Construction Contracts and Subcontracts
1. The Contractor agrees to furnish a performance bond for 100 percent of the
contract price. This bond is one that is executed in connection with a
contract to assure payment as required by law of all persons supplying labor
and material in the execution of the work provided for in the Contract.
2. The Contractor agrees to furnish a payment bond for 100 percent of the
contract price. This bond is one that is executed in connection with a
contract to assure payment as required by law of all persons supplying labor
and material in the execution of the work provided for in the Contract.
Article 6. The Contractor agrees to accept as his full and only compensation for
the performance of all the work required under this Contract such sum or sums of money
as may be proper in accordance with the price or prices set forth in the Contractor's
Proposal attached hereto and made a part hereof covering all of the items.
Article 7. To the extent allowed by law, the Contractor agrees to indemnify,
defined and hold harmless the Sponsor, from any and all claims and damages to property
and injury to persons which may arise both of and during operations under this Contract,
whether such operations be by the Contractor or by any subcontractor or anyone directly
or indirectly employed by the Contractor or any other employee or person employed or
engaged on or about, of in connection with, the construction.
Article 8. Venue and jurisdiction of any action will only be brought in the District
Court in and for the Tenth Judicial District, (Pueblo County, Colorado)
Attorney Fees. Costs. and Expenses of Litigation. In the event of a breach of this
agreement, the breaching party shall pay to the non- breaching party all reasonable
Attorney fees, cost and other expenses, incurred by the non - breaching party enforcing its
rights as a result of said breach.
The total estimated cost for AIP Project No. 3 -08- 0046 -11, City Project No. 91 -042, Schedule
I thereof to be Three Hundred Seventy Seven Thousand. Seven Hundred Twenty Six and
75/100 dollars ($ 377.726,72 .
VIII -16
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused
this agreement``"to be duly executed the day and year first herein written in six (6) copies,
all of which to all intents and purposes shall be considered as the original.
ATTEST:
B
CIT CLERK
APPROVED AS TO FORM:
By
WILLIAM A. GOWER II
SPONSOR, First Party
City of Pueblo, Colorado
B :�L_ C \'�.& � -__�
OtMAEL OCCHIATO
PRESIDENT OF THE CITY COUNCIL
By �3� Z���
Attorne
CONTRACTOR, Second Party
Brodrick and Gibbons, Inc.
615 Santa Fe Drive
Pueblo, Colorado 81006
By t..�.._
WILLIAM A. GOWER
Title Assi SPcretarg
Title Pra G i_dent
VIII -17
ACOR106 IF TE Ov IN UNUMM ISSUE DATE (MM /DD /YY)
� T !
6/5/91
PRODUCER
A4 914 111111AAAA POPP*
THIS CERTI D A ATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
JOHNSON & HIGGINS INC .
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
,
POLICIES BELOW.
950 17th STREET, SUITE 1850
DENVER CO 80202
COMPANIES AFFORDING COVERAGE
ATTN : CATHY CLOUGH
COMPAN Y A ST PAUL FIRE & MARINE INSURANCE CO
LETTER
..... ... ...
....
COMPANY
Y 13
B
INSURED
LETTER
& GIBBONS, INC
COMPANY C
LETTER
WESTERN MOBILE, INC.
P. BOX 313
LETTER D
PUEBLO CO 81006
_.. _ _ _.
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE. :POLICY EXPIRATION LIMITS
DATE (MM /DD /YY) DATE (MMIDD /YY)
GENERAL LIABILITY
GENERAL AGGREGATE $ 2,000,000-
X COMMERCIAL GENERAL LIABILITY 683NF5419
07/15/90 07/15/91 PRODUCTS-COMP/OP AGG. $ 2, 000,000..
A CLAIMS MADE X OCCUR.
PERSONAL & ADV. INJURY $ 1.,.000,.000_
OWNER'S & CONTRACTOR'S PROT,
EACH OCCURRENCE $ 1,.000.,0.0.0 .
FIRE DAMAGE (Any one fire) $
..... .50..,.0.00
MED. EXPENSE (Any one person). $
AUTOMOBILE LIABILITY
COMBINED SINGLE
$
ANY AUTO
_X 683NF5419
LIMIT
1, OOO, 000
07/15/90 07/15/91 _ _ ____ .._
ALL OWNED AUTOS
A !
BODILY INJURY $
SCHEDULED AUTOS
(Per person)
X ;HIRED AUTOS
BODILY INJURY $
X NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE $
UMBRELLA FORM
AGGREGATE $
OTHER THAN UMBRELLA FORM
A WORKER'S COMPENSATION WV08302001
07/15/90 07/15/91 STATUTORY LIMITS
EACH ACCIDENT $
500."000
AND
DISEASE -- POLICY LIMIT $ r J00 000
s
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS
PUEBLO MEMORIAL AIRPORT, AIP PROJECT
NO. 3 -08- 0049 -11
CERTIFICATE HOLDER
-CARCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF PUEBLO
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Pueblo Memorial Airport
MAIL — DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Pueblo, CO 81001
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRES E
•
:stir: ,.,.. ._„
ACORD 25-S (7190)
OA CORD CORPORATION 1990