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HomeMy WebLinkAboutC88-106 AIP Project 3-08-0030-10 Flatiron Paving Company~ffim C88- 106 -17 CONTRACT AGREEMENT FOR IMPROVEMENTS TO EAGLE COUNTY AIRPORT EAGLE, COLORADO AIP PROJECT NO. 3- 08- 0020 -10 THIS AGREEMENT, made and entered into this 18th day of October 19 88 . by and between the Eagle County Commissioners, hereinafter referred to as the "Sponsor" and Flatiron Paving 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 Airport, under AIP Project No. 3 -08- 0020 -10, Schedules I and II (A), in strict accordance with the Contract Documents, Plans, and Specifications dated September 26, 1988, prepared by Isbill Associates, Inc., for improvements to Eagle County Airport. He shall complete this work within 45 calendar days from the effective date of the Notice to Proceed, excepting an allowance of an additional 15 working days in the Spring of 1989. 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 deduc- tions 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 adver- tisements 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 and described in the General Provisions and Proposal of the Specifications, issued in connection with the improvements to Eagle County Airport, under AIP Project No. 3 -08- 0020 -10, 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 Reauirements for Construction Contracts, A. General and Labor Clauses for All Construction Contracts and Subcontracts 1. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Project No. 3 -08- 0020 -10 which is being undertaken and accomplished by the Sponsor in ac- VIII -1 $t cordance with the terms and conditions of a grant agreement between the Sponsor and the United States under the Airport and Airway Improvement Act of 1982, as amended, 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 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 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 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 ad- vance of funds until the violations cease. 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 subcontracts the provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this sec- tion 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. VIII -2 C) s� A� 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 as- signees and successors in interest (hereinafter referred to as the "Contractor ") agrees as follows: Comoliance 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 Eauioment. 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 informa- tion and reports required by the Regulations or directive issued pur- suant 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. 5. Sanctions for Noncompliance. In the event of the Contractor's non- compliance 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 VIII -3 b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provi- sions of paragraphs 1 through 5 in every subcontract, including pro- curements 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: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcon- tractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the in- terests 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 con- tract may be terminated by the Sponsor for default or any other con- ditions 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' writ- ten notice thereof to the Contractor. When the Contract, or any portion thereof, is terminated before com- pletion 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 deter- mined 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. VIII-4 The intent of this provision is to provide a method of equitable set- tlement with the Contractor in the event of termination of the Con- tract 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 respon- sibility 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 involv- ing imported products, processes, methods, etc.) All rights to inven- tions and materials generated under this contract are subject to regul- ations 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 Tvne 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 Contractor which are directly pertinent to an AIP project(s) for the purpose of making audit, examination, excerpts and transcriptions. D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess of $2.000. 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 regu- lations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)], the full amounts due at time of payment com- puted 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 con- tractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage deter- mination decision(s) shall be posted by the Contractor at the VIII -5 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 mec- hanics are considered wages paid to such laborers or mechanics, subject to the provision of subparagraph d below. Also for the purpose of this paragraph, regular contributions 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)). b. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(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 clas- sification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination. (29 CFR 5.5(a)(1)(iii)). C. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is ob- ligated to pay a cash equivalent of such a fringe benefits, 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 question, 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 reasonably antic- ipated 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 assets for the meeting of obligations 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, relating to AIP Project No. 3 -08- 0020 -10, the FAA may withhold or cause to be with- held 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 VIII-6 subcontractor on the work the full amount of wages required by this contract. 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 program described in section 1(b) (2) (B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the plan or program has been communicated in writing to the laborers or mechanics affected, and that the records show the costs antic- ipated or the actual cost incurred in providing such benefits. (29 CFR 5.5(2)(3)(1)). b. The Contractor will submit weekly a copy of all payrolls to the Sponsor for availability to the FAA. 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 determined 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 regul- ations 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 subparagraph d of paragraph I 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 stan- dards clauses of the contract available for inspection by autho- rized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. Contractors employing appren- tices or trainees under approved programs shall include a not- ation 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)). VIII -7 4. Apprentices and Trainees. 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 construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the ap- propriate percentage of the journeymen's rate contained in the applicable 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 in- dividually 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 Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than that 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 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 VIII -8 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. Eaual Emplovment Opportunity. The utilization of apprentices, trainees and journeymen 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. (20 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 de- fined in 29 CFR 5.2 (c) shall be subject to the provisions of 29 CFR Part 5.5 (a)(4) (see paragraph DA(a), (b), and (c) 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 subcontractors 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 re- quirements of these provisions. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. 6. Comoliance 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(a)(5)). 7. 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 laborer or mechanic, in any workweek in which he is employed on such work, to work 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 40 -hours in such workweek. (29 CFR 5.5(c)(1)). Effective January 1, 1986, there is no longer the requirement for com- pensation at a rate not less than one and one -half times the basic rate for work in excess of 8 hours in any calendar day (P.L. 99 -145). VIII-9 Violations. Liability for Unpaid Wages Liouidated Damages In the event of any violation of paragraph 7 (Overtime Requirements), of this section, the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States 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 said paragraph 7 of this section, in the sum of $10 for each calendar day set forth by the Department of Labor for which such employee was required or permitted to work 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(a)(2)). 9. Withholding for Unpaid Wages and Liouidated Damages and Priority of Payment. a. The FAA may withhold or cause to be withheld, from any monies 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 pro- vided 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 sub- contractor 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, including watchmen and guards, 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, No Contractor may require any laborer or mec- hanic employed in the performance of any contract to work in sur- roundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) and other occupational and health standards (29 CFR Part 1910) issued by the Department of Labor and 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 subcontracts that may in turn be made. (29 CFR 5.5(a)(6), (5.5(c)(4)). VIII_ 10 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 debar- ment 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 Emnlovment 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 /subcontracts (or cer- tifications preliminary thereto) with a state or local government or any agency, instrumentality or subdivision of such governments which does not participate in work on or under the Contract 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. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruit- ment 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 em- ployees placed by or on behalf of the Contractor, state that all qual- ified applicants will receive 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' commit- ments under this section, and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. 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 nondiscrimin- ation clauses of this Contract or with any of the said rules, regul- ations or orders, this Contract may be canceled, terminated or sus- pended in whole or in part and the Contractor may be declared in- eligible for further Government contracts or Federally assisted con- struction 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 pro- vided by Law. VIII -11 7. The Contractor will include the portion of the sentence immediately preceding paragraph I and the provisions of paragraphs I through 7 in every subcontract or purchase order unless exempted by rules, regul- ations 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 to protect the interests of the United States. 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 participating 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 suborganizations provide assurances to the Contractor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations as required by 14 CFR Part 152, Subpart E, to the same effect. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal oppor- tunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency with the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary respon- sibility for securing compliance. The Sponsor further agrees that it will refrain from entering into any contract or contract modification, subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has demonstrated eligibility for, Government contracts and Federally as- sisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal op- portunity clause as may be imposed upon contractors and subcontrac- tors by the administering agency or the Secretary of Labor pursuant VIII -12 to Part III, Subpart D, of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate or suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. F. 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, and c 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 23 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 23 apply to this contract. b. DBE Obligation. The Contractor shall agree to ensure that Disadvantaged 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 Federal funds. In this regard, all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 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. C. 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. 2. Documentation. The Contractor shall keep such records as are neces- sary 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. G. Clean Air and Water Pollution Control Requirements for All Construction 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 VIII -13 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 and Section 308 of the Federal Water Pollution Control Act and all regulations 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. H. Bondins 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 connec- tion with a contract to secure fulfillment of all the Contractor's ob- ligations 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. Article 6. The Contractor agrees to accept as his full and only compen- sation 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 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, or in connection with, the construction. The total estimated cost for AIP Project No. 3- 08- 0020 -10, Schedule(s) I and II(A) thereof to be One million, seven hundred, thirty -nine thousand, nine hundred, sixty -four and no /100 dollars ($1,739,964.00). VIII -14 v 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. �c 1Hl n LV CILV l UaI u V1 County Commissioners APPROVED AS TO FORM: SPONSOR, First Party Eagle County Commissioners Eagle, Colorado By A&� Donald H. Welch, Vice Chairman By Attorney CONTRACTOR, Second Party Title PIM �i~L��ic6E'ir% Flatiron Paving Company 57th and Valmont Road Ifloulder, Colorado 80603 VIII -15 , EX TED IN SIX (6) COUNTERPARTS PERFORMANCE BOND BOND NO. 400 HW 6831 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, FLATIRON PAVING COMPANY, P. 0. Box 229, Boulder, CO 80306as Principal, and ST. PAUL FIRE & MARINE INSURANCE COMPANY 385 Washington Street, St. Paul, Minnesota 55102 a corporation organized and existing under and by virtue of the laws of the State of Minnesota and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the EAGLE COUNTY COM- MISSIONERS, Eagle, Colorado, hereinafter referred to as,the .Sponsor, in the penal sum of One Million Seven Hundred Thirtv Nine Thousand Nine Hundred Sixty Four and No/100-Dollars ----------------------- ----- ------------------ ($1,739,964.00 --- ) (100 percent of Contract Value), lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the EAGLE COUNTY COMMISSIONERS, for Improvements to Eagle County Airport, under AIP Project No. 3- 08- 0020 -10 in conformity with the drawings, plans, general conditions, and specifications prepared by Isbill Associates, Inc. of Aurora, Colorado , which contract, drawings, plans, general conditions, and specifications are hereby referred to and made a part hereof, the same to all intents and pur- poses as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof; NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the a- bove bonded Principal shall well, truly, and faithfully perform said contract and any alterations in and additions thereto and comply with all of the terms and provisions thereof except that no change will be made which increases the total contract price by more than 25 percent in excess of the original contract price without notice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue, and comply; and shall fully indemnify and and save harmless the Sponsor from all damages, claims, demands, expense and charge of every kind (including claims' of patent infringement) arising from any act, omission, or neglect of said Principal, his agents, or employees with re- lation to said work, and shall fully reimburse and repay, to the Sponsor, all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill his obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the specifications contained herein, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Further conditions of the foregoing obligations are such that the Principal and Surety will guar- antee the work performed under this contract against defects in IX -1 workmanship performe N the Principal and all defect )n materials furnished by him which appear within a period of one calendar year after the final ac- ceptance of the work by the Sponsor. Under this guarantee, the Principal and Surety shall repair or replace all defective workmanship and material provid- ed by the Principal appearing within one year after the completion and accept- ance of the work, at no cost to the Sponsor. PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder, or the spec- ifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work, or the specifications. IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at Boulder, Colorado and Dallas, Texas , this Iejtk day of October, , 19 88 , A. D. FLATIRON PAVING COMPANY Principal (Contractor)_ By: Attest: Surety B Bren a Martin�,A t t �or n e � Attest:��_. (SEAL) 9 KMPSAM (Accompany this bond with Attorney -in- Fact's authority from the Surety to ex- ecute bond, certified to include the date of the bond.) IX -2 e EX TED IN SIX (6) COUNTERPARTS „ s PAYMENT BOND BOND NO. 400 HW 6831 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, FLATIRON PAVING COMPANY , as Principal, and ST. PAUL FIRE & MARINE INSURANCE COMPANY a corporation organized and existing under and by virtue of the laws of the State of MN. , and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the EAGLE COUNTY COMMISSIONERS, Board of County Commissioners, Eagle, County, Colorado, hereinafter referred to as the Sponsor, in the penal sum of One Million Seven Hundred Thirty Nine Thousand Nine Hundred Sixty Four and No /100 Dollars---- - - - - -- ($1,739,964.00 - -) (100 per cent of Contract Value), lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the EAGLE COUNTY COMMISSIONERS, for Improvements to Eagle County Airoort, under AIP Project No. 3 -08- 0020 -10 , in conformity with the drawings, plans, general conditions, and specifications prepared by Isbill Associates, Inc. of Aurora, Colorado , which contract, drawings, plans, general conditions, and specifications are hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has con- tracted to perform the work specified in said contract in accordance with the terms hereof; NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the a- bove Principal shall well, truly, and faithfully satisfy all claims and demands incurred by the Principal in the performance of said contract and any additions thereto, except that no change will be made which increases the total contract price by more than 25 percent in excess of the original contract price without notice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue, and comply; and shall satisfy all claims and demands in- curred in the performance of said contract and shall fully indemnify and save harmless the Sponsor from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act,omis- sion, or neglect of said Principal, his agents, or employees with relation to said work; and shall fully reimburse and repay to the Sponsor all costs,damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill his obligation to furnish maintenance, re- pairs or replacements for the full guarantee period provided in the specifica- tion contained herein and a condition of this bond shall be that the Contract- or shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing him or his subcontractors with labor and mate- rials used or performed in the prosecution of work provided for in the above contract, and that the undersigned will indemnify and save harmless the Sponsor IX -3 for the extent of any and all payments in connection with the carrying out of such contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor, materials, team hire, sustenance, provision, provender, gasoline, lu- bricating oils, fuels, oils, grease, coal, or any other supplies or materials used or consumed by said Contractor or his subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount as provided by law. PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the specifications accompanying the same shall in any- wise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work, or the specifications. IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at Boulder, Colorado and Dallas, Texas , this 18 +h day of October, , 19 88 , A.D. FLATIRON PAVING COMPANY Principal (Contractor) .4 By Attest: ST. PAUL FIRE & MARINE INSURANCE COMPANY (Accompany this bond with Attorney -in- Fact's authority from the Surety to execute bond, certified to include the date of the bond.) IX -4 ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF° a 385 Washington Street, St. Paul, Minneso "102 AUTHORITY NO. For verification of thethenticity of this Power of Attorney, you may telephone tto�rtee 1- 800 -328 -2189 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1234237 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: William S. McIntyre, Michael H. Williams, Brenda Martin, individually, Dallas, Texas its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and /or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." `\�\������gE011uuu „� IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its `� y',,�,,� corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. N ST. PAUL FIRE AND MARINE INSURANCE COMPANY m' STATE OF MINNESOTA) §� County of Ramsey 1 ss. t O'er Vice President On this 14th day of April 19 88 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he /she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his /her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. C� MARY C. CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this n r.� Ways. ���� day of October, 19 88' £ Secretary A^,r "c Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 3 -88 Printed in U.S.A