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Item 19 - Award Construction Contract to Elecnor Belco Electric, Inc.
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12/19/2023 Regular
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Item 19 - Award Construction Contract to Elecnor Belco Electric, Inc.
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12/15/2023 1:49:45 PM
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12/14/2023 3:32:18 PM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
19
Date
12/19/2023
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supervision of such compliance, and that it will otherwise assist the administering agency in the discharge <br />of the agency's primary responsibility for securing compliance. <br />The CITY further agrees that it will refrain from entering into any contract or contract modification subject <br />to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not <br />demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant <br />to the Executive Order and will carry out such sanctions and penalties for violation of the equal <br />opportunity clause as may be imposed upon contractors and subcontractors by the administering agency <br />or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY <br />agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any <br />or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, <br />insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under <br />the program with respect to which the failure or refund occurred until satisfactory assurance of future <br />compliance has been received from such applicant; and refer the case to the Department of Justice for <br />appropriate legal proceedings. <br />(c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Construction <br />Contract since it is funded by CSLFRF. <br />(d) Appendix II to Part 200 (D) — Copeland "Anti -Kickback" Act: Not applicable to this <br />Construction Contract since it is funded by CSLFRF. <br />(e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: <br />(i) Overtime Requirements. No contractor or subcontractor contracting for any part of <br />the contract work which may require or involve the employment of laborers or mechanics shall require or <br />permit any such laborer or mechanic in any workweek in which he or she is employed on such work to <br />work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation <br />at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty <br />hours in such workweek. <br />(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any <br />violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor <br />responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor <br />shall be liable to the United States (in the case of work done under contract for the District of Columbia <br />or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall <br />be computed with respect to each individual laborer or mechanic, including watchmen and guards, <br />employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each <br />calendar day on which such individual was required or permitted to work in excess of the standard <br />workweek of forty hours without payment of the overtime wages required by the clause set forth in <br />paragraph (ii) of this section. <br />(iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its <br />own action or upon written request of an authorized representative of the Department of Labor withhold <br />or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR <br />or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any <br />other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is <br />Page 7 of 14 <br />
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