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HomeMy WebLinkAboutC01-228 AIP Project with B&Br r L- CONTRACT AGREEMENT FOR IMPROVEMENTS TO EAGLE COUNTY REGIONAL AIRPORT AIP PROJECT NO. 3 -08- 0020 -29 C, ( -- 6 �-- -Z� - " /')/ q-:/ EGE 2286 / 02506.000 THIS AGREEMENT, made and entered into this �� / day of %\-9 , ?, by and between the Eagle County Commissioners, hereinafter referred to as the` Sponsor" and B & B Excavating, Inc., 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 Regional Airport under AIP Project No. 3 -08- 0020-29, in strict accordance with the Contract Documents, Plans, and Specifications dated June 25, 2001, prepared by Washington Infrastructure T"^ f ^r ;m "rnin -mPnts to Raale County Airport. The Contractor shall complete this w �� ve date of the Notice to Proceed. Article 2. It is hereby further agreed, that, in c.0 VT` �P �` �� ` e work b the Contractor, the Sponsor shall a the Co of said Y � p pay faithful performance of the work, at stated inter e— , peer in accordance with the provisions of this Contrac_ r. _ Article 3. It is hereby further agreed, that, in t1 Sponsor all sums due the Contractor by reasor consideration additions to or deductions from ti authorized under this Contract in accordance v Contractor by the Sponsor after said completio by the Sponsor until any and all proper legal a be made in accordance with Colorado Revised Article 4. It is hereby further agreed that any "Contract Documents" as the same are listed as of the Specifications, issued in connection with under AIP Project No. 3 -08- 0020 -29, and said' agreement as fully as if set out at length herein <3- /-_7 ? � , , VI -1 \\RECDEN503 \SY52 \wp\EGE\2286 \CD\2286 -Part 6- B &B.doc by the ig into ' work fid the made s shall all relinIM Article 5. Contract Clauses and Requirements for Construction Contracts. A. General and Labor Clauses for All Construction Contracts and Subcontracts. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Project No. 3 -08- 0020 -29, 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 Title 49 U.S.C. Subtitle VII and the Rules and Regulations of the Federal Aviation Administration 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 the individual 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 t z 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. VI -2 \\RECDENS03\SYS2\wp\EGE \2286 \CD \2286 -Part 6- B &B.doc 7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. Subcontracts. The Contractor shall insert in each of his subcontracts 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 insertion in any further subcontracts that may in turn be made. 9. Contract Termination. A breach of paragraphs 6, 7 and/or 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: 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 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 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 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 information and reports required by the Regulations or directive 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 VI -3 \ \RECDE•NS03 \SY- 2 \wp\EGE \2286\CD \2286 -Part 6- B &B.doc 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 noncompliance 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 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, 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 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 /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 contract may be terminated by the Sponsor for default or any other conditions 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 tht.. yvent that the Sponsor is prohibited from completing the project !, ecause 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 VI -4 \\ RECDENS03 \SYS2\wp\EGE\2266 \CD\22E:; -Part 6- B &B.doc 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 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 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 parry. 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 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 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. Information regarding these rights is available from the FAA and the Sponsor. C. Access to Documents, Records, Etc. 1. For All Cost Reimbursement Type of Contracts. The Contractor shall maintain an acceptable cost accounting system. 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. The Contractor shall maintain all required records for three years after the Sponsor makes final paymc e and all other ending matters are closed. 2. For All Negotiated Contracts in Excess of $10,000. The Contractor shall maintain an acceptable cost accounting system. 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 VI -5 \\ RECDENS03 \SYS2 \wp\EGE\2286 \CD\2286 -Part 6- B &B.doc and records of the Contractor which are directly pertinent to an AIP project(s) for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall maintain all required rewards for three years after the Sponsor makes final payment and all other pending matters are closed. D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess of $2,000. 1. Minimum Wages. a. All laborers and mechanics employed or working on 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period. (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time sent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section and the Davis -Bacon poster (WH- 1321) shall be posted all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. b. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional VI -6 M ECDENS03 \SYS2 \wp\EGE\2286 \CD\2286 -Part 6- B &B.doc C0 C j C classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). d. In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). e. The wage rate (including fringe ber cfits where appropriate) determined pursuant to subparagraphs (1)(c) or (d) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. f. 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 VI -7 \\ RECDENS03 \SYS2 \wp \EGE\2286 \CD\2286 -Part 6- B &B.doc (71'' le__� E, hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. g. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that 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 as in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). 2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including' apprentices, trainees, and helpers, employed by the Contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payroll and Basic Records. a. Payrolls and basic records relating thereto shall be maintained by the Contractor 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 shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof as described in l (b)(2)(B) 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) 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 I (b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to VI -8 \\RECDENS03 \SY 2\wp\EGE\2286 \CD\2286 -Part 6- B &B.doc (7 G provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215 - 0017). b. The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, Sponsor, or owner, as the case maybe, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (3)(a) above. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of the Management and Budget under OMB Control Number 1215- 0149). C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(a) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. VI -9 \\ RECDEN503 \SYS2 \wp\EGE\2286 \CD \22Ud6 -Part 6- B &B.doe d. The weekly submission of a properly executed certification set forth of the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(c)(2) of this section. C. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The Contractor or subcontractor shall make the records required under paragraph(3)(a) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 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 pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, of if a person is employed in his or her 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 on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage VI -10 %%RECDENS03 \SYS2 \wp \EGE\2286 \CD \2286 -Part 6- B &B.dac Cl rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits, in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less VI -11 \\ RECDENS03 \SYS2 \wp\EGE\2286 \CD\2286 -Part 6- B &B.doc � r than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance With Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through (10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and subcontractor as provided in 29 CFR 5.12. 8. Compliance With Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1 and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be. awarded Government contracts by virtue of section 3 (a) of the Davis -Bacon Act of 29 CFR 5.12(a)(1). VI -12 \\ RECDENS03 \SYS2 \wp \EGE\2286 \CD\2286 -Part 6- B &B.doc C (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act of 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. E. Contract Work Hours and Safety Standards 1. 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 such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1 above, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), 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 paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4. VI -13 \\RECDENSO -1 SYS2\wp\EGE\2286 \CD\2286 -Part 6- B &B.doc C � 5. Working Conditions. No Contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings 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) issued by the Department of Labor. F. 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 /subcontracts (or certifications 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. 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 or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, 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. 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' commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Employment, upgrading, demotion, 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 consp. uous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 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. VI -14 \\ RECDENS03 \SYS2 \wp\EGEi2286 \CD\7. "86 -Part 6- B&B.doc 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 nondiscrimination 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, 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 immediately 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 of 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 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. G. 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 26 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 26 apply to this contract. b. DBE Obligation. The Contractor shall agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 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 VI -15 \\ RECDENS03 \SYS2 \wp\EGE\2286 \CD\2286 -Part 6- B &B.doc � r CFR Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate of 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. d. Subject to the limitations of C.R.S. 18 -8 -504, the prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from Board of County Commissioners, Eagle County. The prime contractor also agrees to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from this deadline may occur only for good cause, following written approval of Board of County Commissioners, Eagle County. This clause applies to both DBE and non -DBE subcontractors, and does not diminish the obligations of the prime contractor to provide and comply with the terms of a payment bond, or any subcontractor's rights to enforce payment, pursuant to C.R.S. 18 -8- 504, other applicable statues or the common law. 2. Documentation. The Contractor shall keep such records as are necessary 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. H. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000. Contractors and Subcontractors agree: That any facility to be used in the performance of the contract or to 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, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder. `1I -16 \\RECDENS03\SYS2 \wp\EGE\2286 \CD \2286 -Part 6- B &B.doc � r 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. I. Bonding 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 connection with a contract to secure fulfillment of all the Contractor's obligation 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. J. Buy American - Steel and Manufactured Products for Construction Contracts (Jan 1991). 1. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: a. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b)(1) or (2) shall be treated as domestic. b. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. 2. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those VI -17 \\ RECDENS03\SYS2\wp\EGE\2286 \CD\2286 -Part 6- B &B.doc C', C/ a. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. b. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. K. Lobbying and Influencing Federal Employees. a. No Federal appropriated funds shall be paid, by or On behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Article 6. The Contractor agrees to accept as his full and only compensation 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. To the extent allowed by law, 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 of -'ier employee or person employed or engaged on or about, of in connection with, the constrt}�;tion. Article 8, Venue and jurisdiction of any action will only be brought in the District Court in and for the Fifth (5t'') Judicial District, Eagle, Colorado, Eagle County, Colorado. VI -18 \ \RECDENS03 \SYS2 \wp \EGE \2286 \CD\2286 -Part 6- B &B.doc U-1 (: Attorney Fees, Costs, and Expenses of Litigation. In the event of a breach of this agreement, the breaching party shall pay to the non - breaching party all reasonable Attorney fees, cost and other expenses, incurred by the non - breaching party enforcing its rights as a result of said breach. The total estimated cost for AIP Project No. 3 -08- 0020 -29, Schedule I thereof to be One Million, Eight Hundred and Fifteen Thousand, Two Hundred and Eighty Six Dollars and Nineteen Cents ($1,815,286.19). 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. ATTEST: WN't 4 �_4 ' nwll �.:.r 11-0 t r7 SPONSOR, First Party Eagle County Commissioners Eagle, Colorado APPROVED AS TO FORM: By CONTRACTOR, Second Party B &B Excavating, Inc. P.O. Box 1729 Edwards, CO 81632 BY e=46 / By Title 'A Title 0. 0. VI -19 \\ RECDENS03 \SYS2 \wp\EGE\2286 \CU,2286 -Part 6- B &B.doc C) C111 Page 1 of 2 pages CONTRACT CHANGE ORDER NO. One (1) or SUPPLEMENTAL AGREEMENT NO. AIRPORT Eagle County Regional Airport DATE 8/9/01 LOCATION Gypsum, CO AIP PROJECT NO. 3 -08- 0020 -29 CONTRACTOR B &B Excavating You are requested to perform the following described work upon receipt of an approved copy of this document or as directed by the engineer: Item No. Description Unit I Unit Price I Quantity Amount 1 Value Engineering adjustments (See attached) SEE ATTACHED SPREADSHEET ( -) $653,721.45 This Change Order Total (- )$653,721.45 Previous Change Order(s) Total $0 Original Contract Cost $1,815,286.19 Revised Contract Total $1,161,564.74 The time provided for completion in the contract is (increased) by 33 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply. Changes are shown on issued for construction drawings. Recommended by: Approved by: Accepted by: Approved by: Federal Aviation Administration Date NOTE: Change Orders and Supplemental Agreements require FAA approval prior to construction, otherwise no Federal participation can be granted. State Aeronautics concurrence is required when state participation is anticipated. 0 Page 2 of 2 pages AIP PROJECT NO. 3 -08- 0020 -29 CHANGE ORDER NO. One AIRPORT Eagle County Regional Airport LOCATION Gypsum, CO JUSTIFICATION FOR CHANGE 1. Brief description of the proposed contract change(s) and location(s). Project terms were negotiated with sole bidder. 1. Contractor receives 33 additional calendar days to complete comparable scope of work. 2. Revised seeding specification is added for izreas more than 1,500' from runway. 3. P -209 base course has been replaced with CDOT Class 6 roadbase for non - aircraft loaded areas 4. Bituminous paving course specifications have been replaced with CDOT 75 Blow Marshall specification utilizing appropriate PG binder (PG 58 -22). 5. Class III RCP has been replaced with SDR 35 Storm sewer line The following quantities were adjusted. 1. 2,216 SY of Ground Service Equipment pavements have been revised from concrete to asphalt. 2. Prime coat application has been deleted 3. 110 LF of Concrete drain pan has been added for drainage in inbound baggage area. 2. Reasons for the changes Sole bidder exceeded engineer's estimate by 57 %. Revisions were made to materials, terms and conditions to meet available funding for this project. These revisions allow the Eagle County Regional Terminal to reopen for business for the upcoming heavy traffic scheduled through the winter months. 3. Justifications for unit prices or total cost. Revised unit prices in the attached spreadsheet reflect decreased contractor risk for liquidated damages, adjustment of material specifications to meet locally available materials, and reduced cost items being installed. 4. The sponsor's share of this cost is available from: Local Funds 5. If this is a supplemental agreement involving more than $2,000, is the cost estimate based on the latest wage rate decision? Yes ® No ❑ Not Applicable ❑. 6. Has consent of surety been obtained? Yes ® Not Necessary ❑. 7. Will this change affect the insurance coverage? Yes ® No ❑. 8. If yes, will the policies be extended? Yes ® No ❑. 9. Has this (Change Order) been discussed with FAA officials? Yes ® No ❑ When August 8, 2001 With Chris Schaffer, FAA Project Manager Comment Submit 4 copies to the FAA -u w Co CD O W v -P -0 "P 'n -o c -o -p v -p v -o -p o -_A o ' -A P -o -p -p W Ui O Cn O n O A O � Qt N n • �+ A A O 0 CL 0 CS — w - O CT w O CD N CT N w O O O O' O tQ O O W O a O O O Q O w O o n l=J T o o w m c � a a m m m o o w w a w a ? o a c c w Q 2 o• -0 c c 3 3 W 3 3 > > ° ° - O -� G 3 w m M w w 3 3 — w ,, `° w a a o o o o o o � � — C O 7 a O > a > a W a > O > O N ID W a m a N m C -n < W < W < W < W m W �, W N ID r �y C) W O n W n W m y m O D W W n• < W 31 f�D O 0 c'i Cn 3 0 3 3 C w .D w -n !OQ fD m W co m `< a n 7C' CD v .W. w 7 C Q a W f<D m m N W SD w oc v, < 6 rnw m n O X _0 ° � W w o n CL n n n c ID < ? = a 7w—c &p,' K WCD w , n Q K SD CD CD C m 3 f�D 3 3 „ CD fD CD ID CD (D CD w W y W ca W a W Al O < < < w Ci CD y �' fD b w n w w w co °—' 3 w o m � n CD z �' W 0 < 0 3 0 0 o 3 b 0 �' �j' h7 > O b h7 D CD E O ��+ O m O y CD °' a , on H a 0 0 P) Fq o0 W N W W N W P j W p O O O (CA N W Cn N W W W CD O al D co O A O A O W O co O a n n CJl CA n O O N O CD ° o O C/ cn cn w cn j -j to n cn n m m 9) m m r r cn cn cn r [ w > 0 w w ;< m � H cp o' cn v 40 cc ccnn An v o' y p � - w N A W W Co O m Co co O W AWO Cn O O O co O Cl O O O O O O O pQ G r N �_ W -+ Co O i CWn W M (� (1pp�� fo P. _ N !n Cn CA O O A N W W J W Cn O W CD W -+ W N cn A N 1 W N Cn W A to W -+ O Cn W Cn Cn w O O W O O V CT O O Co O W n (n - Cn D O O W O O O O O CA O O O V CA to A OD co co O W O a C M d h7 w �' w CN CD oo N i N H tz < R' �• O N CA D Cn N CD J W A J CA O tlD J -' A 1 N V 00 A W 0 W -J N A D1 ) W 1 -+ to �, O O W J o O O O J N W O W A N W Q> CD O O V n J O " N CO A P n cn j W W N O W j W 0 Q A O A O 00 A A O O O CA Cn Cn A 00 A 01 M O O O M Cn I O O M Cn O ? 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O) Co A sn OD N al N O p co p — OD N 10 W Co O O Co A cn Co CA Co N N (D CD i O _ O N Co j W 0 CD Q+ Cn to O N to O W Cb IV CO V ? A Cn ro W m j Co 0 m W + Co J m O J N O N A O w A W J - O ? O P CO al N cn En m O O O O O O O O O � TMN v J -• O W N N CTt W N y �., N Oo M y�.....� y, Lyl W P W W 6 W i j En Co V_ 4. j O O V N v J W W N O i W O N IV O y R Ln - i N .p J j W -N O O j ? n O O O O O O O O O 0 011 EGE 2286 / 02506.000 NOTICE TO PROCEED TO: B &B Excavating, Inc. P.O. Box 1729 Edwards, CO 81632 You are hereby authorized to proceed on this date, 31611101 with the improvements to Eagle County Regional Airport, AIP Project No. 3 -08 -00 0 -29, Schedule I, in accordance with the Contract Documents and your Proposal. The work shall begin no later than ten days after the date of this notice. VIII -1 GAwp\EGE\2286 \CD\2286 -Part S- B &B.doc