HomeMy WebLinkAbout7152RESOLUTION NO. 7152
A RESOLUTION APPROVING A CONTRACT FOR IMPROVE-
MENTS TO PUEBLO MEMORIAL AIRPORT, AIP PROJECT
NO. 3 -08- 0046 -12, AND AUTHORIZING THE PRESI-
DENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract Agreement for Improvements to Pueblo Memorial
Airport, AIP Project No. 3 -08- 0046 -12, by and between the City of
Pueblo and Main Electric, Ltd. dated June 14, 1993 ( "Agreement "),
a true copy of which is on file in the Office of the City Clerk,
is hereby approved in the amount of $203,504.00.
SECTION 2.
The President of the City Council be, and she is hereby
authorized to execute said Contract Agreement on behalf of Pueblo,
a Municipal Corporation, and the City Clerk shall affix the seal
of the City thereto and attest same.
C F r'T T r) TAT I
The City's matching funds for this project shall be paid from
Account No. 34- 1993 - 900 - 000 - 900 -9036.
ATTEST:
t
Ci Clerk
INTRODUCED: June 14, 1993
By MICHAEL OCCHIATO
Councilperson
APPROVED:
Presi nt of t e City Council
CONTRACT AGREEMENT
FOR
IMPROVEMENTS TO
PUEBLO MEMORIAL AIRPORT
PUEBLO, COLORADO
AIP PROJECT NO. 3 -08- 0046 -12
THIS AGREEMENT, made and entered into this Fourteenth day o f
,] P __ 1993 by and between the City of Pueblo, hereinafter referred
to as the "Sponsor" and Main Electric, Ltd.. 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 -12, in strict accordance with the Contract Documents, Plans, and
Specifications dated March 5, 1993, prepared by Isbill Associates, Inc., for improvements
to Pueblo Memorial Airport. He shall complete this work within 35 Calendar 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 -12, 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 Reouirements for Construction Contracts.
A. General and Labor Clauses for All Construction Contracts and Subcontracts.
Airport Improvement Program Proiect. The work in this contract is
included in Airport Improvement Program Project No. 3 -08- 0046 -12 which is
being undertaken and accomplished by the Sponsor in accordance with the
terms and conditions of a grant agreement between the Sponsor and the
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United States under the Airport and Airway Improvement Act of 1982, as
amended, pursuant to which the United States has agreed to pay a certa
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. Veterans' 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)j 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.
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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 P rocurements of Materials and
Eauioment. 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 Reoorts. 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
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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
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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 Tvye 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 $2,000.
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
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
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M
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. 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
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prevailing wage requirements, which is held by the same Prime Contractor,
so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the Contractor or any subcontractor, the full amount
of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed
or working on the site of 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.
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 1(b)(2)(B) of the Davis -Bacon
Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of labor has found under
29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 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
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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.
C. 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.
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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. 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
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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. Equal Employment Opportunity The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with
the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR Part 30.
5. Compliance With Copeland Act Requirements The Contractor shall comply
with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
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.
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8. Compliance With Davis -Bacon and Related Act Requirements All rulings
and interpretations of the Davis -Bacon and Related Acts contained in 29
CFR Parts 1 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(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
E. Contract Work Hours and Safety Standards
1. Overtime Requirements No Contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic,
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.
2. Violation: Liability for Unpaid Wages; Liquidated Damages In the event of
any violation of the clause set forth in paragraph 1 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 1 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 1 above.
VIII -12
3. 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 2 above.
4. Subcontractors The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs 1 through 4 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 1 through 4.
5. 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.
F. 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, 1965, 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 canceled, 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, 1965, 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.
G. Disadvantaged Business Enterprises (DBE)
VIII -14
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.
H. Clean Air and Water Pollution Control Requirements for All Construction Contracts
and Subcontracts Exceeding $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.
3. That as a condition for award of a contract they will notify the awarding
official of the receipt of any communication from the EPA indicating that
VIII -15
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.
I. 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 secure fulfillment of al the Contractor's obligation under such
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.
J. Buy American - Steel and Manufactured Products for Construction Contracts (Jan
1991
1. The Aviation Safety and Capacity Expansion Act - of 1990 provides that
preference be given to steel and manufactured products produced in the
United States when funds are expended pursuant to a grant issued under the
Airport Improvement Program. The following terms apply:
a. Steel and manufactured products As used in this clause, steel and r '
manufactured products include (1) steel produced in the United States or (2)
a manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States exceeds •
60 percent of the cost of all its components and final assembly has taken
place in the United States. Components of foreign origin of the same class
or kind as the products referred to in subparagraphs (b)(1) or (2) shall be
treated as domestic.
b. Components As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and manufactured
products.
C. Cost of Components This means the costs for production of the
components, exclusive of final assembly labor costs.
2. The bidder will be required to assure that only domestic steel and
manufactured products will be used by the Contractor, subcontractors,
materialmen, and suppliers in the performance of this contract, except those
a. that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, are not produced in
the United States in sufficient and reasonably available quantities and of a
satisfactory quality.
VIII -16
b. that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, that domestic
preference would be inconsistent with the public interest; or
C. that inclusion of domestic material will increase the cost of the
overall project contract by more than 25 percent.
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, defend
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)
Attornev Fees. Costs. and Expenses of Litigation. In the event of a breach of this
pLgreement? � 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 -12, Schedule I thereof to be Two
Hundred Three Thousand. Five Hundred Four and 00 /100 dollars ($ 203.504.00) .
VIII -17
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in dix original counterparts as of
the day and year first above written.
Contrac
By
Title l
SPONSOR:
PUEBLO A MUNICIPAL CORPORATION
BY
2
Pres' ent of the City Council
ATTEST:
City clerk
BALANCE OF APPROPRIATION EXISTS FOR
THIS CONTRACT AND FUNDS ARE AVAILABLE:
I &V'�LD
DirectorJof Finance
APPROVED AS TO FORM:
4 1Cltv �At6orne��)
ADDENDUM NO. 3
THIS ADDENDUM NO. 3 shall be and constitute part of the
Contract Agreement for Improvements to Pueblo Memorial Airport,
AIP Project .No. 3 -08- 0046 -12 and shall modify the other Contract
Documents as provided herein.
1. Addendums No. 1 and 2 are incorporated into and hereby
made a part of the Contract.
2. Article 5.B.8 on pages VIII -4 and VIII -5 of the Contract
Agreement is deleted in its entirety and is replaced by the
following provision:
"8. Contract Termination
Sponsor may terminate this Contract in accordance with
paragraphs 80 -9 or 80 -10 of the General Provisions."
3. Article 5.F on page VIII -13 of the Contract Agreement is
revised so that the introductory paragraph reads as follows:
"F. Equal Employment Opportu Clause For All Construction
Contracts and Subcontracts Exceeding $10,000 During the
performance of this Contract, the Contractor agrees as
follows:"
4. The Performance Bond and Payment Bond to be furnished in
accordance with the Contract shall be in the form attached hereto
rather than the form contained at page IX -1 through 4 of the
Contract.
5. The Special Provisions are amended by the addition of a
section 24 thereto, to read as follows:
"24. Miscellaneous State Reauirements.
No written change order which causes any increase in the
original Contract Price shall be valid or enforceable against
the City unless it includes a statement that lawful
appropriations have been made sufficient to cover the costs
of the change order."
6. The signature page of the Contract Agreement, page
VIII -18 shall be modified to include a signature line for the City
of Pueblo Director of Finance below the following certification:
"Balance of Appropriation Exists for This Contract and Funds are
Available."
The undersigned acknowledges receipt of the foregoing
Addendum No. 3 and understands that by signing below, Bidder's
proposal is based upon said Addendum being and constituting part
of the Contract Documents in the event Bidder is awarded the
Contract.
i Signature of Bidder
Firm Name Main Electric, Ltd.
j- Business Address:
1115 Erie Ave., P blo, CO 81001
I
B
(Authorized Officer)
Name: Charles R. Trent
Title: President
Date: June 10, 1993
TF 51.42 -2-