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Reso 2009-1495
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Reso 2009-1495
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Last modified
9/30/2010 11:13:54 AM
Creation date
9/30/2010 11:12:10 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1495
Date (mm/dd/yyyy)
10/29/2009
Description
Bid 09-09-01/Agmt w/Tenex: Median Closure/Collins Ave Streetscape Imp
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<br />who is not registered and participating in a training plan approved by the <br />Employment and Training Administration shall be paid not less than the applicable <br />wage rate on the wage determination for the work actually performed. In addition, <br />any trainee performing work on the job site in excess of the ratio permitted under the <br />registered program shall be paid not less than the applicable wage rate on the wage <br />determination for the work actually performed. In the event the Employment and <br />Training Administration withdraws approval of a training program the contract will no <br />longer be permitted to utilize trainees at less than the applicable predetermined rate <br />for the work performed until an accepfable program is approved. <br />(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and <br />journeymen under this part shall be in conformity with the equal employment <br />opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part <br />30. <br /> <br />5. Compliance with Copeland Act Requirements. The contractor shall comply with <br />the requirements of 29 CFR Part 3 which are incorporated by reference in this <br />contract. <br /> <br />6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the <br />clauses contained in29 CFR 5.5(a)(1) through (10J and sl!<::h _other c1a!l~es a~ EPA <br />or its designee 'may by approprfatelnstructlon-s require, and also a clause requiring <br />the subcontractors to include these clauses in any lower tier subcontracts. The prime <br />contract shall be responsible for the compliance by any subcontractor or lower tier <br />subcontractor with all the contract clauses in 29 CFR Part 5.5. <br /> <br />7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR <br />5.5 may be grounds for termination of the contract and for debarment as a contractor <br />and a subcontractor as provided in 29 CFR 5.12. <br /> <br />8. Compliance with gavis-Bacon and~elat~,d Act Requirements. All rulings and <br />interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 <br />and 5 are herein incorporated by referenced in this contract. <br /> <br />9. Disputes Concerning Labor Standards. Disputes arising out of the labor <br />standards provisions of this contract shall not be subject to the general disputes <br />clause of this contract. Such disputes shall be resolved in accordance with the <br />procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. <br />Disputes within the meaning of this clause include disputes between the contractor <br />(or any of its subcontractors) and EPA or its designee, the U. S. Department of <br />Labor, or the employees or their representatives. <br /> <br />10.( i) Certification of Eligibility. By entering into this contract, the contractor <br />certifies that neither it (nor he or she) nor any person or firm who has an interest in <br />the contractor=s firm is a person or firm ineligible to be awarded Government <br />contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to <br />be awarded EPA contracts or participate in EPA programs pursuant to Executive <br />Order 12549. <br /> <br />09/09 <br /> <br />00810-6 <br /> <br />03-4122.F <br />
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