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EGE 2370
CONTRACT AGREEMENT
FOR
IlVIPROVEMENTS TO
EAGLE COUNTY REGIONAL AIRPORT
AIP PROJECT N0.3-08-0020-34
s
THIS AGREEMENT, made and entered into this ~~~~ dayof12
by and between the Eagle County, by and through its Board of County Commissioners, hereinafter
referred to as the "Sponsor" and Power Electric Company, 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 Eagle County Regional Airport under AIP Project No. 3-08-
0020-34, in strict accordance with the Contract Documents, Plans, and Specifications dated July 24,
2003, prepared by Washington Infrastructure Services, Inc., for improvements to Eagle County
Regional Airport. The Contractor shall complete this work within 40 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. All payments shall be
made in accordance with Colorado Revised Statue 38-26-107.
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 Eagle County Regional Airport,
under AIPProject No. 3-08-0020-34, and said "Contract Documents" are hereby made a part of this
agreement as fully as if set out at length herein.
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Article 5. Contract Clauses and Requirements for Construction Contracts.
A. General and Labor Clauses for All Construction Contracts and Subcontracts.
1. Airport Improvement Pro rg am Project. The work in this contract is included in
Airport Improvement Program Project No. 3-08-0020-34 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 United States under the Title 49 U.S.C.
Subtitle VII and the Rules and Regulations of the Federal Aviation Administration
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 Assigrunent. 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)] and have been honorably dischazged 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 aze 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 Infection 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.
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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.
B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts Unless
Otherwise Indicated.
During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
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.
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5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance 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
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:
However, 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
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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 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 Type 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.
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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 aze permitted by the Secretary of Labor under the Copeland Act
(29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or
cash 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, regazdless of any contractual
relationship which maybe 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 aze considered wages paid to laborers or
mechanics, subject to the provisions of pazagraph (1)(iv) of this section; also,
regulaz 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 particulaz weekly period, aze 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 maybe compensated at the
rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates
conformed under (1)(ii) of this section and the Davis-Bacon poster (WH-
1321)shall be posted at all times by the Contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can 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
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(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 contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S.Department ofLabor,
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 fi-inge 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
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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-
assistedcontract subject to Davis-Bacon prevailing wage requirements, which is held
by the same Prime Contractor, so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any subcontractor, the full
amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on the
site of 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 1(b)(2)(B) of the Davis-
BaconAct), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs
anticipated or the actual 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,
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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 maybe submitted in any form desired. Optional Form WH-347
is available for this purpose and maybe 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 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,
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applicant or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds.
Furthermore, failwe to submit the required records upon request or to make
such records available may be grounds for debarment action pwsuant to 29
CFR 5.12.
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
pwsuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bweau of Apprenticeship and Training, or-with a State
Apprenticeship Agency recognized by the Bweau, 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 Bweau 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 howly 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 jowneymen howly 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 Bweau of
Apprenticeship and Training, or State Apprenticeship Agency recognized by
the Bweau, 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.
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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 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
j ourneymen under this part shall be inconformity 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.
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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.
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 standazds
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 Eli 'big_ ility.
(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
awazd 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 Standazds
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 guazds, 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• Liabili for UnQaid Wa eg s: Liquidated Damages. In the event of any
violation of the clause set forth in pazagraph 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
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•
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 pazagraph 1 above, in the
sum of $10 for each calendaz 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.
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 pazagraphs 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 pazagraphs 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, hazazdous or dangerous to his health or
safety as determined under construction safety and health standazds (29 CFR Part
1926) issued by the Department of Labor.
F. Equal Employment Opportunity Clause For All Construction Contracts and Subcontracts
Exceeding $10,000. During the performance of this Contract, the Contractor agrees as
follows:
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 regazd 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 recnutment
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
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consideration for employment without regard to race, color, religion, sex, age, or
national origin.
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 maybe
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 or
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.
VI-14
G. Disadvantaged Business Enterprises (DBE)
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, c, and d 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 26 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 26 apply to this contract.
b. Contract Assurance. The contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration ofDOT-assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or other such
remedy as the Sponsor deems.
DBE Obli ag tion. The Contractor shall agree to ensure that Disadvantaged
Business Enterprises as defined in 49 CFR Part 26 have the maximum
opportunity to participate in the performance of contracts financed in whole
or in part with Federal funds provided by this contract. In this regard, all
contractors shall take all necessary and reasonable steps in accordance with
49 CFR Part 26 to ensure that Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Contractors
shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT assisted contracts.
d. 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.
e. PromQt Payment. Subject to the limitations of (Insert applicable State
Statute), the prime contractor agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later than thirty
days from the receipt of each payment the prime contractor receives from
Eagle County. The prime contractor also agrees to return retainage payments
to each subcontractor within 30 days after the subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from this
deadline may occur only for good cause, following written approval of Eagle
County. This clause applies to both DBE and non-DBE subcontractors, and
does not diminish the obligations of the prime contractor to provide and
comply with the terms of a payment bond, or any subcontractor's rights to
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•
enforce payment, pursuant to (Insert applicable State Statute), other
applicable statues or the common law. (This paragraph is verbatim from
Sponsor's DBE Program)
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 ag ee:
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 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 all 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.
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•
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
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 successful 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, aze not produced in the
United States in sufficient and reasonably available quantities and of a
satisfactory quality.
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 ofthe overall project
contract by more than 25 percent.
K. Lobb~n~ and Influencing Federal Emt~loyees.
a. No Federal appropriated funds shall be paid, by or On behalf of the Contractor, to any
person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the making of any Federal grant and the
amendment or modification of any Federal grant.
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G:\wp\EGE\2370\2370.Sec 6.PEC.doc
•
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with any Federal grant, the Contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in
accordance with its instructions.
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 Fifth (Sa') Judicial District, Eagle, Eagle County, Colorado.
Attorney Fees, Costs, and Expenses of Litigation. In the event of a breach of this agreement, the
breaching party shall pay to the non-breaching party all reasonable Attorney fees, cost and other
expenses, incurred by the non-breaching party enforcing its rights as a result of said breach.
The total estimated cost for AII' Project No. 3-08-0020-34, Schedule IA thereof to be Four Hundred
Forty Thousand Five Hundred Thirty Two Dollars and Thirty Eight Cents ($440,532.38).
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G:\wp~EGE~2370~2770Sec 6.PEC.doc
• ~
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused this
agreement to be duly executed the day and year first herein written in six (6) copies, all of which to
all intents and purposes shall be considered as the original.
SPONSOR, First Party
ATTEST: County of Eagle
State of Colorado _
a,~~v.
APPROVED AS TO FORM:
By
Titl
G:\wp\EGE\2370\2370.See 6.PEC.dx
By .y~JTl.~i[~
Michael L. Gallagher,
~'~ ~~~~~ Eagle County Board of
'.
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~~ '~~ BY
By
VI-19
Attorney
Commissioners
CONTRACTOR, Second Party
Power Electric Company
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