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HomeMy WebLinkAbout6760RESOLUTION NO. 6760 A RESOLUTION AWARDING A CONTRACT FOR ELECTRICAL SERVICES AT PUEBLO MEMORIAL AIRPORT UNDER AIRPORT IMPROVEMENT PROJECT NO. 3 -08- 0046 -11 AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME WHEREAS, BID PROPOSALS FOR THE FOLLOWING ELECTRICAL PROJECTS AT PUEBLO MEMORIAL AIRPORT HAVE BEEN RECEIVED AND EXAMINED: INSTALLATION OF RUNWAY /RUNWAY INTERSECTION SIGNS INSTALLATION OF AIRFIELD LIGHTING CONTROL SYSTEM MODIFICATION OF LIGHTING EQUIPMENT VAULT REPLACEMENT OF ELECTRICAL SECURITY GATE AND: WHEREAS THE PROPOSAL OF COLLIER ELECTRIC COMPANY WAS THE LOWEST OF THOSE BIDS DETERMINED TO BE RESPONSIBLE, NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO THAT: 'WrTMN 1 A CONTRACT FOR THESE ELECTRICAL SERVICES AT PUEBLO MEMORIAL AIRPORT IS HEREBY AWARDED TO SAID BIDDER IN THE AMOUNT OF $123 SECTION 2 THE CITY'S MATCHING FUNDS IN THE AMOUNT OF $12,352.13 ARE HEREBY AVAILABLE IN ACCOUNT NUMBER 36- 1991 - 796 40 -85. SFCTION 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 THERTO AND ATTEST THE SAME. INTRODUCED JUN 10, 1991 BY KENNETH HUNTER CO CILPE SON ,. 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 I 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 $377,726.75 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% 117% 14% 17% Total Estimated Cost - Schedule II $162,515.00 * $124 $167,569.50 $173,286.50 $184,423.15 * Extension Error ' Page 1 of 6 CONTRACT AGREEMENT FOR IMPROVEMENTS TO PUEBLO MEMORIAL AIRPORT PUEBLO, COLORADO AIP PROJECT NO. 3 -08- 0046 -11 CITY PROJECT NO. 91 -042 day of JUNE 1 19 91 . by and between the City of Pueblo, hereinafter referred to as the . "Sponsor" and, Collier Electric Company, Second Party, hereinafter referred to as the "Contractor." THIS AGREEMENT, made and entered into this 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 II 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 25 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 Reauirements for Construction Contracts. A. General and Labor Clauses for All Construction Contracts and Subcontracts. 1. Airoo[t 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 10th VIII -1 l between the Sponsor and the United States under the Airport and Airway - Hhprovement 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. Convict Labor. No convict labor shall be employed under this contract. 4. Vetgrans' Preference. 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 Contrgctor. 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 c V B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts Unless - Otherwise Indicated. 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 1 4 b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 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 f 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 Tvne 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. For All Negotiated Contracts in Excess of $10.000. 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 Wages. 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 -5 I 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, f unds, 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 -6 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). C. 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. Withholding. 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, .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 f ailure 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 121 5 -0140 and 121 5 - 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 Office of the Management and Budget under OMB Control Number 1215- 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. Apprentices 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. Trainegs, 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. Eoual Emoloyment O000rtunity 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 Cooeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 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. Compliance With Davis -Bacon and Related Act Requirements All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 LFR 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, b 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 I1 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. Equal Emplovment 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 13. Withholding for Unpaid Wanes 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. Subcontragtors 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. Equal Employment D000rtunity Clause For All Construction Contracts and S by contracts 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 F. Disadvantaged Business Enter rises (DBE) -,A 1. Contractor Resoonsibili ties : 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 Obli as tion 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. Comoliance 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. dean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding S100.000. 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 41ficial 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 Subcontract 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 Ext)enses 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 II, thereof to be One Hundred Twenty Four Thousand, Four Hundred Twenty One and 151100 dollars ($ 124.421.15) VIII -16 IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused this agreementsto be duly executed the day and year first herein written in six {b} copies, all of which to all intents and purposes shall be considered as the original. ATTEST: By C 6Y CLERK APPROVED AS TO FORM: By Title SPONSOR, First Party City of Pueblo, Colorado By V, r Mi Occhiato PRESIDENT OF THE CITY COUNCIL By Attorn CONTRACTOR, Second Party Collier Electric Company 1025 West 7th Avenue Denver, Color 8020 By VbL - 0 -40fitj 9(960R-T 1-f Title :�:TA2z I VIII -17 AOMO I ), CEF(TIFICATE OF INSURANCE ISSUE DATE (MMlDD /YY) XX 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE REILLY & SONS, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 608 -610 DELAWARE STREET POLICIES BELOW. PO BOX 9 COMPANIES AFFORDING COVERAGE LEAVENWORTH, KANSAS 66048 _ _ ....... .......... ...._._. _. COMPANY A LETTER AETNA CASUALTY & SURETY COMPANY ___ ------- . _._ ___...__ ._ ___. ..........__- .-- .•-- ._ _ __ -._ COMPANY B INSURED _ LETTER UNITED STATES FIDELITY &_ GUARANTY COMPANY..,. COLLIER ELECTRIC COMPANY , COMPANY C „_.. _, 1025 WEST 7TH AVENUE LETTER DENVER, COLORADO 80204 _. ..... . ..... ..... .. ... .. .. _... ......... COMPANY D ._.___........._ _ ..._.....__.. _ LETTER 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 TR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM /DDIYY) DATE (MM /DD" �- GENERAL LIABILITY GENERAL AGGREGATE $ 1 00 000...... A X COMMERCIAL GENERAL LIABILITY ACM 5148004 _... ... _ _... 6 - 21 - 90 6 -21 PRODUCTS- COMPIOP AGG $ 500,000 CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ ..._. _ _. S,OO s 000 OWNER'S & CONTRACTOR'S PROT. .... EACH OCCURRENCE $ 5003000--_- _. _.._.. FIRE DAMAGE (Any one fire) $ 1 0 O.s 0 0.0-__ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ A X ANY AUTO 030 FJ950462 LIMIT 6-21 -90 6 -21 -91 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ 500, 000 X HIRED AUTOS BODILY INJURY $ 500,000 X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ 250, OOO EXCESS LIABILITY EACH OCCURRENCE A X UMBRELLA FORM 030 XS 653144 µ$ 6-21 -90 6 -21 -91 AGGREGATE $ .3, 000 ., 000 OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION 030 C626074 STATUTORY LIMITS 6 -21 -90 b -21 -91 EACH ACCIDENT $ 100, 000..... AND_ _.... _ ......_.._ ... _ .. DISEASE— POLICY LIMIT $ M_...... _._.._..,......_ ___ SO.O.., 000.___ EMPLOYERS' LIABILITY . ... .......... DISEASE —EACH EMPLOYEE $ A RMS & EQUIPMENT ACM 5148006 6 -21 -90 6 -21 -91 PER SCHEDULE ON FILE W /COMP B BUILDERS RISK & CIM 128072670 6-21 -90 6 -21 -91 INSTALLATION 1CRiPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS PUEBLO MEMORIAL AIRPORT, PROJECT #308004911 CANCELLATIO CERTIFICATE HOLDER N w OR MATERIALLY CHANGED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED/BEFORE THE CITY OF PUEBLO, COLORADO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Br6IDJIXRO PO BOX 1427 MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE PUEBLO COLORADO 81002 LEFT' V V V V V V V V V V V t7� f t _ s7t�zrsrtzcrtzutrsr sivsrsaa:sas.�s.��r.. AUTFyORIZED REPRESENT TIVE 1 I ACORD 25 -S ILLY SONS . INC. CACORD CORPORATION 1990 "k- _,, PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Collier Electric Comnsey, as Principal. and United States Fidelity & Guaranty Company a corporation orgeniied and existing under and by virtue of the laws of the State of _ Viand and duly authorised to transact business in the State of Colorado, as Surety, are held and firmly bound unto the City of Pueblo, Colorado, hereinafter referred to to the Sponsor, in the penal sum of Qne Hundred Twee(v Four 'thousand, Four Hundred Twenty One and 15I1M ,.dolisrs ($ JL?& 21 , lawful money of the United States of America, for the - payment of which well and truly to beemode the said Principal and the said Surety do hereby bind ourselves, our heir:, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: 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. 34e4M&I 1, City Project No. 91 -042 in conformity with the drawings. plan 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 made a part hereof, the-same to all intents and purposes as if written at length herein, in which contact the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof; 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 exoem 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, demand:, 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. end expenses which they may incur in making -good -any default baud 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 hits 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 detective workmanship and material provided by the principal appearing within one year after the and acceptance of the work, at no cost to the Sponsor. PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agr ees that no C hange, 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 anywi affect its obligations of this bond, and it doe= hereby waive notice of any such cha4se, 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�wals at Leavenworth, Kansas and Denver, Colorado _ - - - - 10 - S • this otjday of June !99 A.D. Collier Electric Company Principal (Cg*yfiactor) By; t: (Accompany this bond with Attorney -In- Fact's authority from the Surety to execute bond, certitied to include the date of the bond.) ix -z CERTIFIED COPY GENERAL POWER OF ATTORNEY No ......... `7908 ...................... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint T d. vrard F. P,(-_illy, Jr. and Jercme H. Pe illy of the City of Leavenworth , State of Kansas its true and lawful attorne36 in and for the State ;,f Kansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY through us, its Board of Directors, hereby ratifies and confirms all and whatsoever d0KNM either the: said Ect,arO, F. Reilly, Jr. or the said Jercrne 1I. Reilly may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 24th day of January , A. D. 1936 (Signed) UNITED STATES FIDELITY AND GUARANTY COMPANY. B Timylpa A,-P .or .............. Vice- President. ,( SEAL } (Signed) STATE OF MARYLAND. ) BALTIMORE CITY, ss PZY I i. Britt • . • . Assistant Secretary. On this 24th day of January , A. D. 19 , before me personally came Landon Alexander , Vice- President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H Britt , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Landon Alexander and Ray H. Britt were respectively the Vice - President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice - President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19.W. (SEAL) ( Signed). .... J��c'iX'g et .i�L ..:�I.11rst .................. Notary Public. STATE OF MARYLAND Sct. BALTIMORE CITY, I, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margi3l'�E.'t M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereat, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 24th day of January , A. D. 19 8 ( SEAL) (Signed) ....... I Saundra E. I,ar?ks Clerk o f the Circuit Court for Baltimore City. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it ResolmW, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of .contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are, or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, he allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Edward F. Reilly, Jr. and Jerome H. Reilly of Leavenworth, Kansas , authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution; and the whole thereof as recorded in the minutes of said meeting. In. festfoar Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on = 10 JUNE 1991 (Date) .. . . ... ... . . . • • .. . ... .... .... . • . • • ... • ......... . Assistant Secretary. PAYMENT BOND KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, Col lilt ElectricCeme'e at Principal, and United States Fidelity Guaranty Co. a corporation organized and existing under and by virtue of the laws of the State of, Ha.rgland . and duly authorised to tnumet 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 sues of . One Hundred Twenty Feur Thnussnd. Four Hundred Jwenty_One 1511ee dollars (S lawful money of the United States of America, for the payment of which well and truly to be shade the mid 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: The condition of the ibove 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 conditions6 and specifications prepared by Isbiil Associate% Inc., of Aurora, Colorado which contract, drawings, plans, general conditions, and specifications are hereby referred to gad made a part hereof, the =moo to all iatentsuand purposes as if written at length -herein, in which contract the said Principal has contracted to perform the work specified in mid contract in accordance with the terms hereof; 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 damagek 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 snaking good any default based upon the failure of the Principal to fulfill his obligation to furnish - taaintenanee, repairs or replacement$ 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 material$ 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 or any and oil 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 affect. IX-3 PROVIDED FURTHER. that If the =aid Contractor fail: to fully pay for any labor, materials, teawhire, sustenanco, provision, provender, gasoline, lubricatin =,oils, fuels, oil:, grease, .coa1, 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 pair the sa=ne 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 nywise 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 speeifiaatlons. IN WITNESS WHEREOF, said Principal and surety have act their heads and wait at Leavenworth. Kansas _ this 10th of June 1 - ! 99 A.D. and Denver, Colorado U.S.Fideli ANt=AILSS Collier Electric Company Princips (Co for g Attest: (Accompany this bond with Attorney -In- Fact'= authority from the Surety to execute bond, certified to include the date of the bond.) IX-4 CERTIFIED COPY GENERAL POWER OF ATTORNEY N o ......... 97908 ...................... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint E&=rrird F. Reilly, Jr. and Jerare 1.. Reilly of the City of Leavem;orth , State of Kansas its true and lawful attorne)s in and for the State of Kansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors. hereby ratifies and confirms all and whatsoever LJ90W either the said Ekhmrd F. Reilly, Jr. or the said Jerome I 1'eilly may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 24th day of J n-. , A. D. i9 3G UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) (SEAL) STATE OF MARYLAND, as: BALTIMORE CITY, (Signed) By.... Ldfld.Qa . A,1e- dQr ........................... Vice- President. F.ay Ii. Britt ................................... I.................... Assistant Secretary. On this 24th day of ' 7anu r , A. D. 19 , before me personally came Landon Alexander , Vice - President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H. B ritt , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Edon AlQxandps and Ray H. Britt were respectively the Vice - President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice - President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. I 9...... ( SEAL) ( Signed) .... mar .Fri... 5t .......................... Notary Public. STATE OF MARYLAND Sct BALTIMORE CITY, I, Saundra E . Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hur , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 24th day of ,January , A. D. 19 86 ( SEAL) (Signed) ...Saundra E ...Ranks ........ .......................... Clerk of the Circuit Court for Baltimore City. FS 3 (1 -83) S. �Rti COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Edward F. Reilly, Jr. and Jerome H. Reilly of Leavenworth, Kansas , authorizing and empowering them to sig n bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, ` '19M, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. Imp. TesUbtony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY OOMPANY on 10 JUNE 1991 (Date) 5 ........... ...... �fssbtaxt Secretary.