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HomeMy WebLinkAboutC80-017 Flatiron Paving Airport ProjectCONTRACT AGREEMENT FOR IMPROVEMENTS TO EAGLE COUNTY AIRPORT EAGLE COUNTY, COLORADO ADAP PROJECT NO. 6-08-0020-01 THIS AGREEMENT, made and entered into this _3!2_ day of Rk i E F, n_ , by and between County of Eagle, Colorad3, hereina ' er referred to as the "Sponsor" and Flatiron Paving Company dba Flatiron Paving Co. of Greeley, 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 Airport, under ADAP No. 6-08-0020-01 in strict accordance with the Plans and Specifications dated May 23, 1980, prepared by Isbill Associates, Inc., for improvements to the Eagle County Airport. He shall complete this work within 30 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 perfor- mance 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, at 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 g and described in the General Provisions of the Specifications,, issued in con- nection with the improvements to the Eagle County Airport under ADAP ,. Project No. 6-08-0020-01 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 Requirements for Construction Contracts A. General and labor clauses for all construction contracts and subcontracts. 1. Airport Development Aid Program Project. The work in this contract is included in Airport Development Aid Project No. 6-08-0020-01 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 Airport and Airway Development Act of 1970, as amended (84 Stat. 219) and FAR Part 152 (14 CFR Part 152), 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 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 exec- utive, 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 discharged from the service, except that preference may be given only where that labor is available locally and 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 Contrac- tor so much of the accrued payments or advances as may be con- sidered 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. VIII -2 7. FAA Inspection and Review. The Contractor shall allow any auth- orized 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 subcon- tracts 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 inser- tion in any further subcontracts that may in turn be made. 9. Contract Termination. A breach of paragraphs 6, 7 and 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: 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 per- formed 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 mate- rials and leases of equipment. The Contractor shall not partici- pate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment prac- tices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, including Procurements of Mate- rials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of mate- rials 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. VIII -3 4. Information and Reports. The Contractor shall provide all infor- mation and reports required by the Regulations or directives 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 instruc- tions. 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 noncompliance with the nondiscrimination provisions of this con- tract, 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 con- tract 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, includ- ing 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 Adminis- tration may direct as a means of enforcing such provisions includ- ing 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/sub- contractor 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 condi- tions of paragraph 80-09 of the General Provisions of these Con- tract Documents are hereby made a part of this agreement as fully as if set out at length herein. VIII -4 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 Con- tractor. 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 prose- cution of war or in the interest of national defense or an order of any State or Federal Court permanently prohibiting the con- struction 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 com- pleted at the Contract price. On items or units which are only partially completed, payment will be made in proportion that 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 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 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. Infor- mation regarding these rights is available from the FAA and the Sponsor. VIII -5 C. Access to Documents, Records, etc. 1. For All Cost -reimbursement type of contracts. 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. 2. For All Negotiated Contracts in Excess of $10,000. 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 Contrac- tor which are directly pertinent to an ADAP project(s) for the pur- pose of making audit, examination, excerpts and transcriptions. D. Labor Contract Clauses for All Construction Contracts and Subcontracts Excess of $2,000. 1. Minimum Wages. a. All mechanics and laborers employed or working upon 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 regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Con- tractor and such laborers and mechanics; and the wage deter- mination decision(s) shall be posted by the Contractor at the site of the work in a prominent place where it (they) can be easily seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such labor- ers or mechanics, subject to the provision of subparagraph d below. Also for the purpose of this paragraph, regular contri- butions made or costs incurred for more than a weekly period under plans funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (29 CFR 5.5(a)(1)(i)). VIII -6 b. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determinations) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determi- nation(s), and a report of the action taken shall be sent by the Sponsor to the FAA for approval and transmittal to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including appren- tices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secre- tary of Labor for final determination. (29 CFR 5.5(a)(1)(ii)). C. Whenever the minimum wage rate prescribed in the con- tract for a class -)f laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the ques- tion, accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination. (29 CFR 5.5(a)(1)(iii)). d. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs rea- sonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, 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 aside in a separate account assests for the meeting of obliga- tions under the plan or program. (29 CFR 5.5(a)(1)(iv)). 2. Withholding: FAA From Sponsor. Pursuant to the terms of the grant agreement between the United States and the Sponsor, relat- ing to ADAP No. 6-08-0020-01 and Part 152 of the Federal Avia- tion Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the Sponsor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any subcontractor on the work the full amount of wages required by. this contract. VIII -7 In the event of failure to pay any laborer or mechanics, including apprentices or trainees, employed or working on the site of the work, all or part of the wages required by the contract, the FAA may, after written notice to the Sponsor, take such action as may be necessary to cause the suspension of any further payment, or advance of funds, until such violations have ceased. 3. Payrolls and Basic Records. a. Payrolls and basic records relating thereto will be maintained 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 will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section 1(b) (2) 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) (see paragraph d of paragraph 1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in section 1(b) (2) (B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the com- mitment to provide such benefits is enforceable, that the plan or program has been communicated in writing to the laborers or mechanics affected, and that the records show the costs anti- cipated or the actual cost incurred in providing such benefits. (29 CFR 5.5(2)(3)(i)). b. The Contractor will submit weekly a copy of all payrolls to the Sponsor for availability to the FAA as required by paragraph 152.59 (a) of the Federal Aviation Regulations. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those deter- mined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing of the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5 (a) (1) (iv) (see subpara- graph d of paragraph 1 above) shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The Contractor will make the records required under the labor standards clauses of the con- tract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such rep- resentatives to interview employees during working hours on the VIII -8 job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the Sponsor for availability to the FAA, that their employment is pursuant to an approved program and shall identify the program. (29 CFR 5.5(a)(3)(ii)). 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 and individually registered in a bona fide appren- ticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his 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 in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subparagraph b of this paragraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor will be required to furnish to the Sponsor written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates), for the area of constrLetion prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appro- priate percentage of the journeymen's rate contained in the appli- cable wage determination. (29 CFR 5.5(a)(4)(i)). b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individ- ually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment and Training Administration, Bureau of Appren- ticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate and not registered and participating in a training VIII -9 ;' plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification -of work he actually performed. The Contractor or subcontractor will be required to furnish the Sponsor or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training 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. (29 CFR Part 5.5(a)(4)(ii)). C. Equal employment opportunity. The utilization of apprentices, trainees and journeyman under this paragraph shall be in confor- mity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (29 CFR 5.5(a)(4)(iii)). d. Application of 29 CFR Part 5.5 (a) (4). On contracts in excess of $2,000 the employment of all apprentices and trainees as defined in 29 CFR 5.2 (c) shall be subject to the provisions of 29 CFR Part 5.5 (a) (4) (see paragraph D (1), (2) and (3) above). 5. Enforcement. a. The FAA shall promulgate the necessary regulations or procedures, for federally assisted construction programs for which it does not contract directly, necessary to insure that contracts contain the provisions herein or such modifications thereof which have been approved by the Department of Labor. No payment, advance, grant, loan, or guarantee of funds shall be approved by the FAA after the beginning of construction unless there is on file with the FAA a certification by the Contractor that he and his sub- contractors have complied or that there is substantial dispute with respect to the required provisions. (29 CFR 5.6(a)(1)). b. Enforcement activities, including the investigation of complaints of violations, to insure compliance with the requirements of these provisions, shall be.the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to ensure consistent enforcement of the requirements of these provisions. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. 6. Compliance with Copeland Regulations. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. (29 CFR 5.5(x)(5)). C/1 7. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any laborer or mech- anic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of 40 hours in such workweek, as the case may be. (29 CFR 5.5(c)(1)). 8. Violations;_ Liability for Unpaid Wages; Liquidated Damaires. In the event of any violation of paragraph 7 (Overtime Requirements), of this section, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addi- tion, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be com puted, with respect to each individual laborer or mechanic employed in violation of said paragraph 7 of this section, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by said paragraph 7 of this section. (29 CFR 5.5(c)(3)). 9. Withholding for Unpaid Wages and Liquidated Damages, and Priority of Payment. a. The FAA may withhold or cause to be withheld, from any mon- ies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph 8 of this section. (29 CFR 5.5(c)(3)). b. In the event of failure or refusal of the Contractor or any subcontrac- tor to comply with overtime pay requirements of the Contract Work Hours and Safety Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages. (29 CFR 5.14(d)(2)). 10. Working Conditions. It shall be a condition of the contract, and shall be made a condition of each subcontract entered into pursuant to the contract, that the Contractor and any subcontractor shall not require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (83 STAT. 96). 11 Subcontracts. The Contractor will insert in each of his subcontracts the clauses contained in paragraphs 1 through 12 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 subcon- tracts that may in turn be made. (29 CFR 5.5(a)(6), (5.5(c)(4)). 12. Contract Termination; Debarment. A breach of paragraph 1, 2, 3, 5, 6, or 11 may be grounds for termination of the contract, and for debarment as provided in paragraph 5.6 of the Regulations of the Secretary of Labor as codified in 29 CFR 5.6. (29 CFR 5.5(a)(7)). E. Equal Employment 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/subcon- tracts (or certifications preliminary thereto) with a state or local govern- ment or any agency, instrumentality or subdivision thereof shall not be applicable to any agency, instrumentality or subdivision of such governments which does not participate in work on or under the con- tract 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, age, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demo- tion 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 -12 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 advis- ing the said labor union or worker's representatives of the Contrac- tors' commitments under this section, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regula- tions 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 administering agency 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 nondis- crimination 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, and such other sanctions may be imposed and remedies invoked as provided 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 imme- diately 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 as the administering agency may direct as a means of 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 administering agency the Con- tractor may request the United States to enter into such litigation to protect the interests of the United States. VIII -13 8. The Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Contractor assures that no person shall be excluded on these grounds from par- ticipating in or receiving the services or benefits of any program or activity covered by this subpart. The Contractor assures that it will require that its covered sub organizations provide assurances to the Contractor that they similarly will undertake affirmative action pro- grams and that they will require assurances from their sub organizations as required by 14 CFR Part 152, Subpart E, to the same effect. F. Minority Business Enterprises The Contractor shall agree to the belo, ยข_ated Department of Trans- portation policy statement and Minority ='usiness Enterprises Obligation and further agrees to insert this clause in any subcontract. 1. "Policy. It is the policy of the Department of Transportation (DOT) that minority 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 under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. "MBE Obligation. (i) The Contractor shall agree to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Fed- eral funds provided under this agreement. In this regard all Con- tractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform con- tracts. Contractors shall not discriminate on the basis of race. color, national origin, or sex in the award and performance of DOT assisted contracts." G. Clean Air and Water Pollution Control Requirements for All Construc- tion 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 Environmen- tal Protection Agency (EPA) List of Violating Facilities. 2. To comply with all the requirements of section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. VIII -14 C;, C 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. H. Bonding Clauses for Construction Contracts 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 Con- tractor's obligations under such contract. 2. The Contractor agrees to furnish a payment bond for 100 per- cent 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. Article 6. The Contractor agrees to accept as his full and only com- pensation 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. The Contractor agrees to indemnify, defend and hold harm- less 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, or in connection with, the construction. The total estimated cost for Schedules I, II, III, and IV thereof to be Four Hun- dred and Forty -Three Thousand, Four Hundred and Six and 30/100 dollars ($443,406.30). VIII -15 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 con- sidered as the original. FIRST PARTY Attest: Eagle County Commissioners Eagle County, Colorado By Aj, Chairman, Board o -Y County Commissioners APPROVED AS TO FORM: ByL, Lo County Attorney SECOND PARTY Attest: Contractor: Flatiron Paving Company dba Flatiron Paving Co. of Greeley { By r Title Title VIII -16