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23A - CONTRACT AWARD KLASSIC
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23A - CONTRACT AWARD KLASSIC
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Last modified
1/11/2018 7:09:18 PM
Creation date
1/11/2018 6:27:33 PM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
23A
Date
1/16/2018
Destruction Year
2023
Document Relationships
KLASSIC ENGINEERING & CONSTRUCTION, INC.,
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\Contracts / Agreements\ PROJECTS
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d. Apprentices and Trainees (programs of the U.S. DOT)._ <br />Apprentices and trainees working under apprenticeship and <br />skill training programs which have been certified by the <br />Secretary of Transportation as promoting EEO in connection <br />with Federal -aid highway construction programs are not <br />'subject to the requirements of paragraph 4 of this Section IV. <br />The straight time hourly wage rates for apprentices and <br />trainees under such programs will be established by the <br />'particular programs. The ratio of apprentices and trainees to <br />journeymen shall not be greater than permitted by the terms of <br />the particular program: <br />5.. Compliance with Copeland Act requlremonts. The <br />contractor shall comply with the requirements of 29 GFR part <br />3, which are incorporated by reference in this contract. <br />6,_Subcontracts. The contractor or subcontractor shall insert <br />Form ,FHWA-1273 in any subcontracts and also require the <br />subcontractors to include Form FHWA-1273 in any tower tier <br />.subcontracts. The prime contractor shall be responsible for the <br />compliance by any subcontractor or lower tier subcontractor <br />with all the contract clauses in 29 CFR 5.5. <br />7.Coritracttermination:debarment Abreachofthe <br />contract clauses in 29 CFR 5.5 may be grounds for termination <br />of the contract, and for debarment as a.contractor and a <br />subcontractor as provided in 29 CFR 5.12. <br />8. Compliance with Davis -Bacon and Related Act <br />requiroments. All rulings and.interprelations of the Davis - <br />Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 <br />are herein incorporated by reference in this contract. <br />S. Disputes concerning labor standards. Disputes arising <br />out of the labor standards provisions of this contract shall not <br />be subject to the general disputes clause of this contract. Such <br />disputes shall be resolved in accordancewith.lhe procedures <br />of the Department of Laborset forth in 29 CFR parts 5, 6, and <br />7. Disputes within the meaning of this clause Include disputes <br />between the contractor (or any of its subcontractors) and the <br />contracting agency, the U.S. Department of Labor, or the <br />employees or their representatives. <br />10. Certification of eligibility. <br />a. By entering into this contract, the contractor certifies that <br />neither it (nor he or she) nor any person or fin who has an <br />'interest in the contractor's firm is a person or firm ineligible to <br />be awarded Government contracts by virtue of section 3(a) of <br />the Davis -Bacon Act or 29 CFR 5.12(a)(1). <br />b. No part of this contract shall be subcontracted to any person <br />or firm Ineligible for award of a Government contract by virtue <br />of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). <br />c. The penally for making false statements is prescribed in the <br />U.S. Criminal Code, 19 U.S.C.1001. <br />V. CONTRACT WORK HOURS AND SAFETY <br />STANDARDS ACT <br />The following clauses apply to any Federal-ald construction <br />contract in an amount In excess of $100;000 and subject to the <br />overtime provisions of the Contract Work Hours and Safety <br />Standards Act. These clauses shall be inserted in addition to <br />the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As <br />used In this paragraph, the terms laborers and mechanics <br />include watchmen and guards. <br />1.0vortimerequlremonts. Nocontractororsubccntractor <br />contracting for any part of the contract work which may require <br />or involve the employment of laborers or mechanics shall <br />require or permit any such laborer or mechanic In any <br />workweek in which he or. she Is employed on such work to <br />work in excess of forty hours in spoh workweek unless such <br />laborer or mechanic receives compensation at a rate not less <br />than one and one-half times the basic rate of pay for all hours <br />worked In excess of forty hours in"such workweek. <br />2. Violation; liability for unpaid wages; liquidated <br />damages,. In the event of any violation of the clause set forth <br />in paragraph (1.) of this section, the contractor and any <br />subcontractor responsible therefor shall be liable for the <br />unpaid wages: In addition,such contractor and subcontractor <br />shall be lipble to the United States (in the case of work done <br />under contract for the District of Columbiaor a territory, to such <br />District or to such territory), for liquidated damages. Such <br />liquidated damages shall be computed with respect to each <br />Individual laborer or mechanic, including watchmen and <br />guards, employed in violation of the clause set forth in <br />paragraph (1.) of this section, in the sum of $10 for each <br />calendar day, on which such Individual was required or <br />permitted to work in excess of the standard workweek of forty <br />hours without payment of theovedime wage's required by the <br />clause set forth in, paragraph (1.).ofthiesection. <br />3. Withholding for unpaid wages and liquidated damages. <br />The FHWA or the contacting agency shall upon Its own action <br />or upon written'request of an authorized representative of the <br />Department of. Labor withhold or cause to be withheld, from <br />any moneys payable on account of work performed by the <br />contractor or subcontractor under any such contract or any <br />other Federal contract with the same prime contractor, or any <br />other federally -assisted contract subject to the Contract Work <br />Hours and Safety Standards Act, which is held by the same <br />prime contractor, such sums as may be determined to be <br />necessary to satisfy any liabilities of such contractor or <br />subcontractor for unpaid wages and liquidated damages as <br />provided in the clause set forth in paragraph (2.) of this <br />section. <br />4, Subcontracts,. The contractor or subcontractor shall insert <br />in any subcontracts the clauses set forth in paragraph (t.) <br />through (4.) of this section and also a clause requiring the <br />subcontractors to include these clauses in any lower Ser <br />subcontracts. The prime contractor shall be responsible for <br />complianceby any subcontractor or tower tier subcontractor <br />with the clauses setforth in paragraphs (1:) through (4.) of this <br />section. <br />23A-33 <br />
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