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HomeMy WebLinkAboutC12-346 Old Castle SW Group Agreement AGREEMENT BETWEEN EAGLE COUNTY AND OLD CASTLE SW GROUP, INC. THIS CONSTRUCTION AGREEMENT is dated as of the _ day of October, 2012, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "County ") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and Old Castle SW Group, Inc. d/b /a B &B Excavating, a Colorado corporation licensed to work in the State of Colorado (hereinafter called "Contractor ") whose address for purposes hereof is 33415 Highway 6, Edwards, Colorado 81632. WHEREAS, County desires to improve accessibility of bus stops through site preparation, road base, and paving; WHEREAS, County, through the Eagle County Regional Transit Authority d/b /a ECO Transit ( "ECRTA "), issued a Request for Documented Quotes for Bus Shelter /Stop Accessibility Work (Site Prep, Road Base, Asphalt) dated August 30, 2012 (the "RFQ "), attached hereto as Exhibit B and incorporated herein by this reference, in order to solicit bids from contractors willing and able to provide such services and materials; and, WHEREAS, Contractor is authorized to do business in the State of Colorado and has represented that it has the experience and knowledge in the subject matter necessary to provide said services and materials to County; and WHEREAS, after review of bids submitted in response to Exhibit B, County wishes to hire Contractor to provide the services and materials described in Article 1 hereunder; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services, materials and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW THEREFORE, based upon the representations by Contractor set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following: ARTICLE 1 THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as follows: improvement of the accessibility of bus stops through site preparation, road base, and paving (the "Project "). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents (the "Work" or the "Services "). 1.2 A more complete description of the Project and a description of the applicable Project sites (the "Project Sites ") are provided by the Contract Documents. 1.3 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the General Conditions and (or) the other Contract Documents as applicable. Cla -34' 1.4 The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. Based on Contractor's careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require the construction of a completed Project in accordance with the terms hereof. 1.5 Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor, supervision, security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.6 If the Work is taking place on property owned by other federal, state or local governmental entities, or a public utility or other third party, Contractor shall comply with any additional terms and conditions required by applicable law and (or) applicable permits. ARTICLE 2 - COUNTY'S REPRESENTATIVE 2.1 The Project is under the authority of the Eagle County Regional Transportation Authority, the Manager of which, or its designee, shall be County's liaison with Contractor with respect to the performance of the Work (the "Project Manager "). 2.2 Contractor's representative is5;6 Bel vs h ey 2.3 Neither County's nor Contractor's representative shall be changed with less than ten (10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Contract Time will commence upon issuance of a Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. 3.2 The Work shall be completed as follows: The groundwork at the Minturn Forest Service bus loop as shown on Exhibit "B" shall be completed on or before November 30, 2012, with the remainder of the Work to be completed and ready for final payment in accordance with the Contract Documents on or before June 15, 2013. 3.3 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and overtime, as may be necessary to complete the Work in accordance with the dates set forth in Section 3.2 above, and to achieve final payment in accordance with the Contract Documents on or before June 15, 2013, all without an increase in the Contract Price. 3.4 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to County within ten (10) days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 2 3.5 LIQUIDATED DAMAGES: County and Contractor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Work is not substantially complete within the times specified in paragraph 3.2 above, plus any extensions thereof allowed in accordance with this Agreement and the General Conditions. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration hearing, the actual loss suffered by County if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, County and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay County $100.00 each day that expires after the dates specified in paragraph 3.2 for completion until the Work is complete. ARTICLE 4 - WARRANTY 4.1 Contractor shall warranty all Work associated with this Project for a period of two (2) years from date of final acceptance against defects due to workmanship. 4.2 If required by County, Contractor shall promptly, without cost to County and as specified by County, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by County, remove it from the site and replace it with nondefective Work in a manner acceptable to County. ARTICLE 5 - CONTRACT PRICE 5.1 County shall pay Contractor, for Contractor's performance of the Work under the Contract Documents, an amount not to exceed $87,310.27 ( "Contract Price "). 5.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price (which is based primarily upon unit prices) includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contractor Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. Contractor acknowledges that the full compensation for the Work hereunder is the fixed sum set forth in this paragraph 5.1. 5.3 Contractor will not be entitled to bill at overtime and/or double time rates for work done outside normal business hours or to bill for winter work or winter conditions (i.e. snow removal, ground heater, frost protection and winter production) unless specifically authorized to do so in writing by County via written Change Order. There will be no adjustment to the Contract Price to account for increases in fuel or asphalt costs. 5.4 Without_ invalidating. the Contract Documents, County may, at any time or from time to time, authorize additions, deletions, or revisions in or to the Work by written change order executed by the Project Manager and Contractor (each a "Change Order "). Within ten (10) days of receipt of a request for a change from the County, Contractor shall prepare and submit to County, a detailed breakdown (with all supporting documents) sufficient to enable County to determine the effect to the Contract Price, if any, and the effect to the Contract Time, if any, of a proposed change. If the change is thereafter approved by the Project Manager and /or County, the Project Manager and Contractor shall effect such change by execution of a written Change Order. Upon receipt by Contractor of a Change Order approved by the Project Manager, Contractor shall proceed with the work set forth in the Change Order. All such work shall be performed under the applicable conditions of the Contract Documents. 3 The Contract Price may only be changed by a written Change Order executed by the Project Manager. Failure of Contractor to obtain a Change Order prior to performing any work shall result in non- payment for such work. There shall be no verbal Change Orders and Contractor shall not be entitled to rely on verbal Change Orders. The Project Manager shall be authorized to sign Change Orders revising or changing the Work and any associated change in the Contract Price within the budget constraints set for this Project. Change Orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 5.5 Contractor acknowledges that County is a tax exempt entity and that County has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 5.6 Pursuant to the provisions of §24 -91- 103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by County, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by County that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy - granting provision in the Agreement. 5.7 The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5.8 Due to the involvement of federal funding for this project, Contractor is subject to Davis -Bacon and Copeland Anti- Kickback Acts, with further definition provided on page 16 of the Bid Documents (Federal Transit Administration Special Term and Conditions), attached hereto as Exhibit B and incorporated herein. County will check that the Contractor is meeting Davis -Bacon regulations at the Project Sites via a "no notice" survey. Contractor shall insert a clause containing the terms of this section 5.8 in all contracts or sub - contracts. ARTICLE 6 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions and this Agreement. Applications for Payment will be processed as set forth herein. 6.1 Not more often than once a month, Contractor shall submit to County an application for payment filled out and signed by Contractor covering the Work completed as of the date of the application, and accompanied by such supporting documentation as County may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to County, as will establish County's title to the material and equipment, and protect County's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retention with respect to progress payments will be as stipulated in this Agreement. 6.2 The application for payment shall list all general and sub -trade divisions with each division clearly showing the total construction cost and all increments for monthly payment requests for labor and 4 materials and all monthly reconciliation totals for each division. The application shall also include a summary of all current changes to the contract through approved Change Orders and the cost impact for these changes. 6.3 The Project Manager will, within ten (10) days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, within ten (10) days of a recommendation of payment, pay Contractor the amount recommended. 6.4 PROGRESS PAYMENTS: County shall make monthly progress payments on account of the Contract Price on the basis of Contractor's applications for payments as recommended by the Project Manager, as provided above. All progress payments will be on the basis of the progress of the Work. County shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 6.4.1 Progress Payments will be in an amount equal to: Ninety -five percent of the calculated value of Work completed and materials and equipment not yet incorporated in the Work but delivered and suitably stored less in each case the aggregate of payments previously made. The withheld percentage of the Contract Price may be retained until the Work is completed satisfactorily and finally accepted by County as provided for herein. 6.5 SUBSTANTIAL COMPLETION: When Contractor considers the entire Work ready for its intended use, Contractor shall, in writing to the Project Manager, certify that the entire Work is substantially complete, and request that the Project Manager issue a certificate of substantial completion. Within a reasonable time thereafter, the Project Engineer and Contractor shall make an inspection of the Work to determine the status of completion. If the Project Manager does not consider the Work substantially complete, the Project Manager will notify Contractor in writing giving his reasons therefor. If the Project Manager considers the Work substantially complete, the Project Manager will prepare and deliver to County a tentative certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. 6.7 PARTIAL UTILIZATION: Use by County of completed portions of the Work may be accomplished prior to substantial completion of all the Work subject to the following: 6.7.1 County, at any time, may request Contractor in writing to permit County to use any part of the Work which County believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to County and/or the Project Manager that said part of the Work is substantially complete, and request the Project Manager to issue a certificate of substantial completion for that part of the Work. Within a reasonable time thereafter, the Project Manager and Contractor shall make an inspection of that part of the Work to determine its status of completion. If the Project Manager considers that part of the Work to be substantially complete, the Project Manager will execute, and deliver to Contractor, a certificate to that 5 effect, fixing the date of substantial completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. 6.8 FINAL INSPECTION: Upon written notice from Contractor that the Work is complete, the Project Manager will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 6.9 FINAL APPLICATION FOR PAYMENT: After Contractor has completed all such corrections to the satisfaction of the Project Manager, and after the Project Manager has indicated that the Work is acceptable, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the Contract Documents, and such other data and schedules as the Project Manager may reasonably require, together with complete and legally effective releases or waivers (satisfactory to the Project Manager) of all liens arising out of, or filed in connection with the Work. In lieu thereof, and as approved by the Project Manager, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which liens could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to fmal payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to County to indemnify County against any lien. 6.10 FINAL ACCEPTANCE: If, on the basis of the Project Manager's observation of the Work during construction and final inspection, and the Project Manager's review of the final application for payment and accompanying documentation, all as required by Contract Documents, Project Manager is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, Project Manager will, within ten days after receipt of the final application for payment, indicate in writing his recommendation of payment, and present the application to County for payment. Thereupon, the Project Manager will give written notice to County and to Contractor that the Work is acceptable subject to the provisions of paragraph 6.13. Otherwise, the Project Manager will return the application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections, and resubmit the application. If the application and accompanying documentation are appropriate as to form and substance, County shall, within thirty days after receipt thereof, pay Contractor the amount recommended by Project Manager. 6.11 FINAL PAYMENT: The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing thereon and complied with C.R.S. §38 -26 -107. Final payment shall be made in accordance with the requirements of the aforesaid statute. County shall make a final settlement in accordance with C.R.S. 38 -26 -107 within sixty days after the contract is completed satisfactorily and finally accepted by County. 6.12 County may withhold from any payments due to Contractor, to such extent as may be necessary, to protect the County from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Scope of Work in accordance with this Agreement. 6 6.13 In taking action on Contractor's Applications for Payment, County shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that (i) County has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) County has made exhaustive or continuous on -site inspections of the Work; or (iii) County has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 6.14 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6.15 Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or fmal payment by Project Manager, nor any payment by County to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County shall constitute an acceptance of Work not in accordance with the Contract documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 7.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 7.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.4 Contractor has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by County is acceptable to Contractor. 7.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the County because of the performance of any work by this Agreement. 7 7.6 Contractor represents and warrants that it holds a license, permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. ARTICLE 8 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 8.1 This Agreement 8.2 Contractor's Bid Form/Work Quote Sheet, attached hereto as Exhibit "A" and incorporated herein 8.3 Bid Documents, including Request for Quotes, General Conditions (Pages 9 to 11, inclusive), Federal Transit Administration Special Terms and Conditions (Pages 12 to 21), Government -Wide Debarment and Suspension Form (Page 22), attached hereto as Exhibit "B and incorporated herein 8.4 State of Good Repair Asphalt Work (Pages 1 to 12, inclusive), attached hereto as Exhibit "C" and incorporated herein 8.5 Notice of Award and, if any, Notice to Proceed 8.6 Any modification, including Change Orders, duly delivered after execution of Agreement The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor's own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a "Subcontract" and collectively "Subcontracts "). 9.2 All Subcontracts shall conform to provisions of this Agreement. County shall have the right to review and approve each form of Subcontract. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) and materials which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 11 -TERMINATION 8 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. Upon termination, Contractor shall deliver all redlined drawings and other illustrations, photos or documents entirely or partially completed, whether in electronic form or otherwise, together with all material supplied by Contractor or by County. In such event, Contractor shall be compensated for all Work satisfactorily completed up to the date of termination. Final payment, subject to the requirements of Article 6 of this Agreement, will be due within thirty (30) days after Contractor has delivered the last of the documents or records due the County. ARTICLE 12 - INDEMNIFICATION: 12.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 13 — INSURANCE REQUIREMENTS 13.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 13.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 13.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 13.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1;000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 13.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit D. 9 ARTICLE 14 - MISCELLANEOUS 14.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.2 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 14.3 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 14.4 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 14.5 This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in District Court for Eagle County, Colorado. 14.6 This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 14.7 Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: With a copy to: Eagle County Regional Transportaiton Authority Eagle County, Colorado Eagle County Attorney P. O. Box 1070 P.O. Box 850 Gypsum, CO 81637 Eagle, CO 81631 Telephone: (970) 328 -3533 10 Contractor: Old Castle SW Group, Inc. D.b.a. B &B Excavating P.O. Box 4870 Eagle, CO 81631 (970) 328 -1734 (p) (970) 328 -1735 (0 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 14.8 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: Provision Mandated by House Bill 1343: If Contractor (hereinafter "Consultant" for purposes of paragraph 10.7) has any employees or subcontractors, Consultant shall comply with C.R.S. § 8 -17.5- 101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm C. Consultant shall not use either the E- verify program or other Department Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: 11 (i) Notify the subcontractor and the County within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). F. If Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. 14.9 Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and control systems shall be satisfactory to County. County and County's accountants shall be afforded access to, and shall be permitted to audit and copy Contractor's records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. 14.10 Any indemnity, warranty or guaranty given by Contractor to County under the Contract Documents shall survive the expiration or termination of the Contract Documents and shall be binding upon Contractor until any action thereunder is barred by the applicable statute of limitations or as otherwise expressly provided on the Contract Documents. [SIGNATURE PAGE TO FOLLOW] 12 IN WITNSS WHEREOF, the parties have executed this Agreement this To of , 2012. EAGLE COUNTY, COLORADO By and through its Board of County Commissioners ATTEST; "1111P"' Clerk of the Board o ;,o °. Peter F. Runyon County Commissioners Chairman Contractor: Old Castle SW Group, Inc. d/b /a B &B Excavating, A Colorado corporation By: STATE OF COLORADO ) ss: County of Eagle ) The Foregoing in ent was acknowledged before me by I thisC I , day of& , 2012. My co . ss j r3 d UEV/1N6 1 01 ".�� a l' • I Notary Public My Commission Expires 13 EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY dba ECO TRANSIT RE 1 VEST FOR DOCUMENTED 1 UOTES — BUS SHELTER STOP ACCESSIBLITY WORK (SITE PREP, ROAD BASE, ASPHALT) * *NOTE: THE ORIGINAL QUOTE REQUEST WAS RELEASED 7/6/12. THIS IS AN UPDATED REQUEST BASED ON ADDITIONAL NEEDS OF EAGLE COUNTY. It is the vendor's responsibility to read and comply with all conditions, specifications, and instructions outlined in this document. This document and any subsequent attachments shall supersede all confirmation forms, receipts, or any other paperwork needed to secure materials, equipment, or services. RFQ RELEASED: QUOTE DUE BY: BUYER: Kelley Collier August 30, 2012 5:00 PM MST — September 7, 2012 PHONE NUMBER: 970- 328 -3533 TO BE QUOTATION NAME /ID: DELIVERED /COMPLETED "ECO Transit Bus EMAIL: NO LATER THAN: Shelter /Stop Accessibility kelley.collierCa eaglecounty.us Upon Bid Award Work" MAILING ADDRESS (Postal Service): ECO Transit PO Box 1070 Gypsum, CO 81637 MAILING ADDRESS (UPS /FEDEX or In Person Delivery): ECO Transit 3289 Cooley Mesa Road Gypsum, CO 81637 Project Description: ECO Transit has received Federal grant dollars to improve the accessibility through site preparation, road base and paving (asphalt) of 16 bus stops and /or bus shelter sites. The stops will be paved and cleaned so that there is better access and more level ground to reach the stops and to designate these areas as bus only. Most stops and shelters have had no ground work done since they were built in the 1990s. In order to make these stops more accessible, platforms will be poured where there is a sign stuck in a patch of dirt, and road base and asphalt will be placed around the shelters. On page 2 is a basic description of the work that needs to be completed. This description, along with Attachment A "State of Good Repair Asphalt Work," as a separate PDF accompanying this RFQ, provides specification and photos for each site's work, to provide the bidder the appropriate information to complete the quote. The changes that have been made to Attachment A since the original release on July 6 include changes to pages 7 -10 and the addition of pages 11 -12. The vendor is to provide the total cost to complete all the site preparation, road base and paving work at each of the 16 sites. EXHIBIT a Bus Shelter /Stop Accessibility Work Quote Sheet STOP BID ITEM UNIT QUANTITY AND UNIT PRICE (Le. TOTAL PRICE NAME TYPE (specify both # cost er hour, P (Quantity x Unit and type; i.e.: 5 hours, 10 cost per ton) Price) tons) CMC West Labor for Site Prep Work, Road I 1 Base, and Asphalt Installation $ Bull Run Labor for Road West Site Prep Work, Road Base, and Asphalt Installation Hwy Labor for r 6 /Edwards Site Prep Spur Rd. W Work, Road Base, and Asphalt Installation $ $_. Arrowhead Labor for Main West Site Prep Work, Road { Rase, and Asphalt .`� j / Installation $ Riverbend Labor for West Site Prep Work, Road /1 Base, and Asphalt Installation I i r 3 Arrowhead Labor for Main East Site Prep Work, Road Base, and Asphalt I / / Installation $ $ Sawatch Labor for Drive East Site Prep Work, Road Base, and Asphalt Installation r`) $ $ Dowd Park Labor for Business Site Prep Center Work, Road West Base, and Asphalt Installation r • Eagle -Vail Labor for Business Site Prep Center East Work, Road r ; I ,, Base, and ,J ' Asphalt Installation Eagle -Vail Labor for Bus. Center Site Prep West Work, Road L ( --- ) / ;( 1-11 Base, and 1+ Asphalt �t ( 2 Installation $ 4 Holy Cross Labor for East Site Prep Work, Road Base, and Asphalt J Installation G/ , - ) 91/ Bull Run Labor for East Site Prep Work, Road Base, and /" P Asphalt Installation i C Eaglebend Labor for East Site Prep Work, Road f B — ase, and Asphalt , ;,. /f Installation - l , t 16 $ Eaglebend Labor for West Site Prep Work, Road f t : Base, and .' Asphalt / /1 , (' t '; t f1/1 Installation Riverside Labor for Drive West Site Prep Work, Road 9 r - Base, and Asphalt it; t i Installation (26 f icy? 441 5 • Minturn _ Forest Labor for Service Bus Site Prep Loop - Work, Road Ground Base, and Work Asphalt C Installation _ ' (ail three 7 �/ $ / Li "7 Cy locations: - _7 North -Eat ��t t Corner; "� Main Drive Lane; Inner Loop) , ,, 1 Asphalt for / all 16 sites ` r 1 i !! l Road Base } ( for all 16 f ) 1 ,� / 1.'\ { sites t/ '' ,I 1' r $ $ `.1'i 4r Lumber and Rebar //) i?,6 /I ('. %,,: ( ,-,.--' 0 , - - 6 I. r. / Additional ,f� i $ Costs l A } please specij here: � r rt. TOTAL COST FOR ENTIRE PROJECT $ _,� Certification of Compliance with FTA Terms and Conditions Because this purchase is funded in part with Federal Transit Administration (FTA) dollars, the vendor must read through the FTA required terms and conditions provided on pages 12 -22, sign the certifications of compliance on pages 21 and 22 and submit the signed certifications with the quote response. VENDOR NOTES Please provide the product brand name, description p and any additional information in regards to the quotation and materials in the vendor notes section (below). iY ✓� 'mil ;' ` ,tiY i�r l RO-aet 5CZ . ✓t i G,a L�C -�--e- N f f 7 Certification of Compliance with FTA Terms and Conditions Because this purchase is funded in part with Federal Transit Administration (FTA) dollars, the vendor must read through the FTA required terms and conditions provided on pages 11 -21, sign the certifications of compliance on pages 20 and 21 and submit the signed certifications with the quote response. VENDOR NOTES Please provide the product brand name, description and any additional information in regards to the quotation and materials in the vendor notes section (below). Eagle County purchase orders must be issued to the invoicing company /address. If the invoicing company/address will be different from that listed in the vendor information section (below), the vendor must specify the "remit to" company /address in the vendor notes section (above). VENDOR INFORMATION Vendor Namee //Ma Vendor Contact Information (including area J 6"40_ J - ! codes): a J -P F (770) ` �� ' -' 9 / Phone #: � � �/ '� Fax #• �"" °.- (17 90) 1 7 3 .5 Printed Name and Title of Responsible Signature: Officer or Employee Submitting QuotatioYr. Is your company registered /certified with the State of Colorado as a(please circle:: {p ) MINORITY BUSINESS ENTERPRISE (MBE)? YES CO DISADVANTAGED BUSINESS ENTERPRISE (DBE)? YES NO The selection of a vendor shall be made without regard to race, color, sex, age, religion, national origin, or political affiliation. Eagle County is an Equal Opportunity Employer and encourages proposals from qualified minority and woman -owned businesses. 7 GENERAL TERMS AND CONDITIONS Nondiscrimination 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 herein incorporated by reference and made a part of this contract. 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 the Contractor's obligations under this contract and the Regulations, will be relative to nondiscrimination on the grounds of race, color, or national origin. Contract /Purchase Order By submitting a bid /quote /proposal, the Bidder /Offeror agrees to furnish any and all equipment, supplies and /or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein. A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and /or Best and Final Offer (BAFO) request(s) with any changes /additions, (2) the Contractor's proposal and /or submitted pricing, and (3) Eagle County acceptance of the proposal and /or bid by purchase order or post —award contract. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and /or services, the Contractor must receive a properly authorized purchase order and /or notice to proceed. Invoicing and Payment Eagle County is exempt from paying Colorado Sales Tax. However, the Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the contract. A Sales Tax Exemption Certificate will be furnished to the successful Bidder /Offeror upon request. Each invoice should be itemized in accordance with items listed on the purchase order and /or contract. Each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and /or services required herein shall be made once delivery has occurred. Eagle County shall not make any advance deposits. Eagle County assumes no obligation for equipment, supplies, and /or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Eagle County rejection and shall be returned at the Contractor's expense. 9 Cancellation of Contract Eagle County may cancel the contract at any time for a material breach of contractual obligations or for convenience by providing the Contractor with written notice of cancellation. Should Eagle County exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor. If Eagle County cancels the contract for breach, Eagle County reserves the right to obtain the equipment, supplies, and /or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as Eagle County deems appropriate and charge the Contractor for any additional costs incurred thereby. Inspection and Acceptance No equipment, supplies, and /or services received by Eagle County pursuant to a contract shall be deemed accepted until Eagle County has had reasonable opportunity to inspect said equipment, supplies, and /or services. All equipment, supplies, and /or services which do not comply with the specifications and /or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and /or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. Eagle County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. • Eagle County's right to reject any unacceptable equipment, supplies, and /or services shall not exclude any other legal, equitable or contractual remedies Eagle County may have. Warranty The Contractor expressly warrants that all equipment, supplies, and /or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by Eagle County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of Eagle County's acceptance of or payment for said equipment, supplies, and /or services. Status of Independent Contractor The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee of the Eagle County. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers' compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold Eagle County, its officers, agents and employees harmless from and against any and all losses (including attorney fees) and damage of any kind related to such matters. 10 Indemnification The Offeror shall defend, indemnify and hold harmless, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Offeror's performance of its obligations under this Agreement. 11 FEDERAL TRANSIT ADMINISTRATION SPECIAL TERMS AND CONDITIONS This project is funded in part by the Federal Transit Administration and the Colorado Department of Transportation, and therefore is subject to the following federal Third Party Contract requirements. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: Contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PM0 contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 12 No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause]. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. 13 c. Opportunity to Cure. The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during 14 employment, without regard to their race, color, creed, national origin, sex or age. 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. In addition, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10 %. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith 15 efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally- assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. Davis -Bacon and Copeland Anti - Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents 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 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such 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 16 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 spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1) (ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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 classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; 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; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) 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, DC 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. (C) 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. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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.(iii) 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 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. (iv) 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 aside in a separate account assets for the meeting of obligations under the plan or program. (v) (A) 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 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 17 performed by a classification in the wage determination; 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. (B) 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, Washington, DC 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.(C) 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 with 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. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, 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. (2) Withholding - The recipient 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 the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the grantee 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) Payrolls and basic records - (i) 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 (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). 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 of the types described in section 1(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 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to 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 cost 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. 18 • (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the recipient for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. 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, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) 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 section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or 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 full 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. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) 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. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit 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 - (i) 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, or 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 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 19 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 of the Wage and Hour Division of the U.S. Department of Labor 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 a 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.(ii) 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 the 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 than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) 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 5.5(a)(1) through (10) and such other clauses as the Federal Transit 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 the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a 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, 3, and 5 are herein incorporated by reference in this contract. 20 (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, contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in 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 or 29 CFR 5.12(a)(1). (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 or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in 18 USC 1001. Government Wide Debarment and Suspension This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. !Tit is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The kidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THESE TERMS. VENDOR BUSINESS: ,f'2(Ct ,. .<7� D � NAM I': F ) 1 TITLE: /;. 4 , SIGNATURE: _._�`_ f , ` p DATE: �,, 0 21 GOVERNMENT-WIDE DEBARMENT A AND SUSPENSION 49 CFR Part 29, Execrative Orders 12549, 12689, and 32 U.S.C.6101 (Contracts over $25,000) Background and Applicability in conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar tlfl eshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (Le., the requirement flows down to subcontracts at all levels). lnst.ructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor l Signature of Authorized Official .t ' Da to l / ' � / f7 _ Name and Title of Contractor's Authorized Official --41P14( -/ EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY dba ECO TRANSIT REQUEST FOR DOCUMENTED QUOTES — BUS SHELTER /STOP ACCESSIBLITY WORK (SITE PREP, ROAD BASE, ASPHALT) * *NOTE: THE ORIGINAL QUOTE REQUEST WAS RELEASED 7/6/12. THIS IS AN UPDATED REQUEST BASED ON ADDITIONAL NEEDS OF EAGLE COUNTY. It is the vendor's responsibility to read and comply with all conditions, specifications, and instructions outlined in this document. This document and any subsequent attachments shall supersede all confirmation forms, receipts, or any other paperwork needed to secure materials, equipment, or services. RFQ RELEASED: QUOTE DUE BY: BUYER: Kelley Collier August 30, 2012 5:00 PM MST — September 7, 2012 PHONE NUMBER: 970 -328 -3533 TO BE QUOTATION NAME /ID: DELIVERED /COMPLETED "ECO Transit Bus EMAIL: NO LATER THAN: Shelter /Stop Accessibility kelley.collier @eaglecounty.us Upon Bid Award Work" MAILING ADDRESS (Postal Service): ECO Transit PO Box 1070 Gypsum, CO 81637 MAILING ADDRESS (UPS /FEDEX or In Person Delivery): ECO Transit 3289 Cooley Mesa Road Gypsum, CO 81637 Project Description: ECO Transit has received Federal grant dollars to improve the accessibility through site preparation, road base and paving (asphalt) of 16 bus stops and /or bus shelter sites. The stops will be paved and cleaned so that there is better access and more level ground to reach the stops and to designate these areas as bus only. Most stops and shelters have had no ground work done since they were built in the 1990s. In order to make these stops more accessible, platforms will be poured where there is a sign stuck in a patch of dirt, and road base and asphalt will be placed around the shelters. On page 2 is a basic description of the work that needs to be completed. This description, along with Attachment A "State of Good Repair Asphalt Work," as a separate PDF accompanying this RFQ provides specification and photos for each site's work, to provide the bidder the appropriate information to complete the quote. The changes that have been made to Attachment A since the original release on July 6 include changes to pages 7 -10 and the addition of pages 11 -12. The vendor is to provide the total cost to complete all the site preparation, road base and paving work at each of the 16 sites. EXHIBIT 1 D EXHIBIT B Quote Instructions: All responses to the Request for Quotation MUST be submitted on the forms provided. Vendors are to complete the forms on pages 3 -7 to provide quote and vendor information. All quotations on pages 3 through 7 must be extended and totaled. Vendors are also required to submit certification of compliance with FTA terms and conditions, instructions are provided on page 7. A Microsoft Word version of the quotation pages as well as vendor information have been provided as a separate document to complete electronically if desired. Vendors are encouraged to further extend the tables electronically if they require additional room to complete the quote. Quotes are due by September 7, 2012, 5:00 p.m. to ECO Transit offices. Documents can be mailed or delivered in person and must be clearly marked "Quotes for ECO Transit Bus Shelter /Stop Accessibility Work." General Project Description A. Contractor is to complete all work, including site preparation work, road base and asphalt pouring for 16 bus stop sites. Eagle County staff will oversee the work completed. 1. Eagle County requires buildup to level out 3 stop sites (specified in Attachment A) - 2 feet on the back side at each location. 2. Eagle County requires ground leveling at all 16 sites. 3. Eagle County requires road base - 3 -4 inches (see attachment) on compacted areas and 6 inches on grassy areas. 4. Eagle County estimates approximately 100 tons of road base is needed. Bidder is to provide actual amount based on assessment of proposed work. 5. Eagle County estimates approximately 4200 square feet of asphalt is needed. Bidder is to provide actual amount based on assessment of proposed work. 6. Include any locates or traffic control that may be needed in quotation. B. See site work description and photos in Attachment A "State of Good Repair Asphalt Work" for detailed information on each site's requirements and dimensions. Davis -Bacon and Copeland Anti - Kickback Acts Due to the involvement of federal funding for this project, the contractor is subject to Davis -Bacon and Copeland Anti - Kickback Acts, with further definition provided on page 16. Eagle County will check that the awarded contractor is meeting Davis -Bacon regulations at the work site via a "no notice" survey. 2 Bus Shelter /Stop Accessibility Work Quote Sheet STOP BID ITEM UNIT QUANTITY AND UNIT PRICE (i.e. TOTAL PRICE NAME TYPE (specify both # cost per hour, (Quantity x Unit and type; i.e.: 5 hours, 10 cost per ton) Price) tons) CMC West Labor for Site Prep Work, Road Base, and Asphalt $ $ Installation Bull Run Labor for Road West Site Prep Work, Road Base, and Asphalt $ $ Installation Hwy Labor for 6 /Edwards Site Prep Spur Rd. W Work, Road Base, and Asphalt $ $ Installation Arrowhead Labor for Main West Site Prep Work, Road Base, and Asphalt Installation $ $ I Riverbend Labor for West Site Prep Work, Road Base, and Asphalt Installation $ $ 3 Arrowhead Labor for Main East Site Prep Work, Road Base, and Asphalt Installation $ $ Sawatch Labor for Drive East Site Prep Work, Road Base, and Asphalt Installation $ $ Dowd Park Labor for Business Site Prep Center Work, Road West Base, and Asphalt Installation Eagle -Vail Labor for Business Site Prep Center East Work, Road Base, and Asphalt Installation $ $ Eagle -Vail Labor for Bus. Center Site Prep West Work, Road Base, and Asphalt Installation 4 Holy Cross Labor for East Site Prep Work, Road Base, and Asphalt Installation $ $ Bull Run Labor for East Site Prep Work, Road Base, and Asphalt Installation $ $ Eaglebend Labor for East Site Prep Work, Road Base, and Asphalt Installation r Eaglebend Labor for West Site Prep Work, Road Base, and Asphalt Installation Riverside Labor for Drive West Site Prep Work, Road Base, and Asphalt Installation 5 Minturn Forest Labor for Service Bus Site Prep Loop — Work, Road Ground Base, and Work Asphalt Installation $ $ (all three locations: North -East Corner; Main Drive Lane; Inner Loop) Asphalt for all 16 sites $ $ Road Base for all 16 sites $ $ Lumber and $ $ Rebar $ $ 6 Additional $ $ Costs please specify here: $ $ $ $ TOTAL COST FOR ENTIRE PROJECT $ Certification of Compliance with FTA Terms and Conditions Because this purchase is funded in part with Federal Transit Administration (FTA) dollars, the vendor must read through the FTA required terms and conditions provided on pages 12 -22, sign the certifications of compliance on pages 21 and 22 and submit the signed certifications with the quote response. VENDOR NOTES Please provide the product brand name, description and any additional information in regards to the quotation and materials in the vendor notes section (below). 7 Eagle County purchase orders must be issued to the invoicing company /address. If the invoicing company /address will be different from that listed in the vendor information section (below), the vendor must specify the "remit to" company /address in the vendor notes section (above). VENDOR INFORMATION Vendor Name /Mailing Address: Vendor Contact Information (including area codes): Phone #: Fax #: Printed Name and Title of Responsible Signature: Officer or Employee Submitting Quotation: Is your company registered /certified with the State of Colorado as a(please circle): MINORITY BUSINESS ENTERPRISE (MBE)? YES NO DISADVANTAGED BUSINESS ENTERPRISE (DBE)? YES NO The selection of a vendor shall be made without regard to race, color, sex, age, religion, national origin, or political affiliation. Eagle County is an Equal Opportunity Employer and encourages proposals from qualified minority and woman -owned businesses. STANDARD SOLICITATION PROVISIONS 1. Eagle County reserves the right to reject any or all bids /quotes /proposals, and to accept or reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the bid /quote /proposal, unit prices will govern. 2. All bids /quotes /proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 3. If providing bids /quotes /proposals for commodities, the Bidder /Offeror will state brand or make on each item. If bidding or proposing other than the make, model or brand specified, the manufacturer's name, model number or catalog number must be given. 4. The date specified for the returning of bids /quotes /proposals is a firm deadline and all bids /quotes /proposals must be received at the designated office by that time. 8 GENERAL TERMS AND CONDITIONS Nondiscrimination 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 herein incorporated by reference and made a part of this contract. 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 the Contractor's obligations under this contract and the Regulations, will be relative to nondiscrimination on the grounds of race, color, or national origin. Contract /Purchase Order By submitting a bid /quote /proposal, the Bidder /Offeror agrees to furnish any and all equipment, supplies and /or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein. A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and /or Best and Final Offer (BAFO) request(s) with any changes /additions, (2) the Contractor's proposal and /or submitted pricing, and (3) Eagle County acceptance of the proposal and /or bid by purchase order or post —award contract. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and /or services, the Contractor must receive a properly authorized purchase order and /or notice to proceed. Invoicing and Payment Eagle County is exempt from paying Colorado Sales Tax. However, the Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the contract. A Sales Tax Exemption Certificate will be furnished to the successful Bidder /Offeror upon request. Each invoice should be itemized in accordance with items listed on the purchase order and /or contract. Each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and /or services required herein shall be made once delivery has occurred. Eagle County shall not make any advance deposits. Eagle County assumes no obligation for equipment, supplies, and /or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Eagle County rejection and shall be returned at the Contractor's expense. 9 Cancellation of Contract Eagle County may cancel the contract at any time for a material breach of contractual obligations or for convenience by providing the Contractor with written notice of cancellation. Should Eagle County exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor. If Eagle County cancels the contract for breach, Eagle County reserves the right to obtain the equipment, supplies, and /or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as Eagle County deems appropriate and charge the Contractor for any additional costs incurred thereby. Inspection and Acceptance No equipment, supplies, and /or services received by Eagle County pursuant to a contract shall be deemed accepted until Eagle County has had reasonable opportunity to inspect said equipment, supplies, and /or services. All equipment, supplies, and /or services which do not comply with the specifications and /or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and /or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. Eagle County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. Eagle County's right to reject any unacceptable equipment, supplies, and /or services shall not exclude any other legal, equitable or contractual remedies Eagle County may have. Warranty The Contractor expressly warrants that all equipment, supplies, and /or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by Eagle County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of Eagle County's acceptance of or payment for said equipment, supplies, and /or services. Status of Independent Contractor The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee of the Eagle County. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers' compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold Eagle County, its officers, agents and employees harmless from and against any and all losses (including attorney fees) and damage of any kind related to such matters. 10 Indemnification The Offeror shall defend, indemnify and hold harmless, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Offeror's performance of its obligations under this Agreement. 11 FEDERAL TRANSIT ADMINISTRATION SPECIAL TERMS AND CONDITIONS This project is funded in part by the Federal Transit Administration and the Colorado Department of Transportation, and therefore is subject to the following federal Third Party Contract requirements. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: Contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 12 No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contractor FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause]. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. 13 c. Opportunity to Cure. The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during 14 employment, without regard to their race, color, creed, national origin, sex or age. 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. In addition, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties, Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10 %. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith 15 efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT - required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the. Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally - assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. Davis -Bacon and Copeland Anti- Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents 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 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such 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 16 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 spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1) (ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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 classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; 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; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) 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, DC 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. (C) 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. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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.(iii) 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 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. (iv) 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 aside in a separate account assets for the meeting of obligations under the plan or program. (v) (A) 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 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 17 performed by a classification in the wage determination; 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. (B) 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, Washington, DC 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.(C) 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 with 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. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, 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. (2) Withholding - The recipient 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 the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the grantee 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) Payrolls and basic records - (i) 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 (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). 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 of the types described in section 1(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 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to 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 cost 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. 18 (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the recipient for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. 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, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) 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 section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or 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 full 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. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) 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. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit 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 - (i) 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, or 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 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 19 (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, contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1). (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 or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in 18 USC 1001. Government Wide Debarment and Suspension This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THESE TERMS. VENDOR BUSINESS: NAME: TITLE: SIGNATURE: DATE: 21 GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 49 CFR Part 29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over $25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor Signature of Authorized Official Date _ /_ /_ Name and Title of Contractor's Authorized Official 22 State of Good Repair Asphalt Work Stop locations: Location: Edwards Stop Name: Colorado Mountain College West Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 4" Location: Edwards Stop Name: Bull Run Road West Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 4" - 7 A " e y r EXHIBIT a 1 a 3 Location: Edwards Stop Name: Hwy 6 and Edwards Spur Road West Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 4" BUILD UP NEEDED gym; -_; .,, fi ?u �s , ., ,,,„,,,,,..,,,.. t :, ..,Ntprys, : .‘. ,.,,..- r , fir l i r Location: Edwards Stop Name: Arrowhead Main West Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" � . Nomosommiscutrx se ,z -,'F' * I �.s .r S is - a 1N { YN, T 'f S f t 2 Location: Edwards Stop Name: Riverbend West Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" c • �'� • F p. Location: Edwards Stop Name: Arrowhead Main East Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" r 4 k l 3 Location: Edwards Stop Name: Sawatch Drive East Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" BUILD UP NEEDED � w 41,4 WAh $• •7a„P.'l ' elf z, F �N* } rte• � s , Location: Eagle -Vail Stop Name: Dowd Park Business Center West Dimensions: 8'x6' Asphalt Depth: 3" Road Base: 4" l = Wci i i� afG. `' fl , ?A .7i• , J t 5 ri � y ft e 4 Location: Eagle -Vail Stop Name: Eagle -Vail Business Center East Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" BUILD UP NEEDED , K _ . ' _ "� Wit NO . ' .— y T ti • Location: Eagle -Vail Stop Name: Eagle -Vail Business Center West Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" mi r . i ., 1 4 - ^ii I e _ ..,_ ,_„,,5. .._._ ,. , , _ _. '''''' E el 5 Location: Eagle -Vail Stop Name: Holy Cross East Dimensions: 8' x 6' Asphalt Depth: 3" Road Base: 6" 4 xro0 ' v ■ k , 1 ;1 : } fi L t d 1 t. f '1. p,_ t'?' X may li Sl' d V 1 - , t . fit''' ,+, • + , . 6 Shelter Locations: Location: Edwards Stop Name: Bull Run East Dimensions: 40' Shelter 40' 8 or V Asphalt Depth: 4" Road base: 6" 9 lo - r �} Jnr "' 1F P _ S ' 7 Location: Avon Stop Name: Eag lebend East Dimensions: 40' I Shelter 40' 18' 100' 4" Asphalt Depth: Road Base: 6" ‘ _...r . illbiblh. ,17M.. .: a D 8 Location: Avon Stop Name: Eaglebend West Dimensions: 15' Shelter 35' A 8 ' 56' v Asphalt Depth: 4" Road Base: 6" • •,„ • p, inima lionampgi b Y .N q S 3 fii pY fi x¢ g a 9 Location: Eagle Stop Name: Riverside Vail rive West D Dimensions: 33' Shelter 40' A 8 ' 80' v Asphalt Depth: 4" Road Base: 6" .o e , r y' 511::i '''' • 1 p n � � 7 q "r, r i r zit fi A a Of 61,0 4v1 F If t - V'. 10 Ground Work at the Minturn Forest Service Bus Loop North -East Corner Excavate, remove, and haul off 2.5' depth of existing materials, prep area with 600 x structural fabric, 18" depth of 3" road base and 7" depth of 3 /" road base, and furnish, haul and asphalt pave 5" depth asphalt. ' . R3 I 1� ' r. •t . .;, -,Y 4 , .4 Main Drive Lane Excavate, remove, and haul off 2.5' depth of existing materials, prep area with 600 x structural fabric, 18" depth of 3" road base and 7" depth of %" road base, and furnish, haul and asphalt pave 5" depth asphalt. 4,,,.,,,,;" , -.. ; ry `fit. ; -'''' x T ••" .. f-'_• ... v. •i• .. � ,`' y 1+ 11 Inner Loop Excavate, remove, and haul off 2.5' depth of existing materials, prep area with 600 x structural fabric, 18" depth of 3" road base and 7" depth of 3 / " road base, and furnish, haul and asphalt pave 5" depth asphalt. +w.iu,S ^ F S Y 1�. w�a' .,'y� A- 55 . ,-^ h i t,,,,\I„, .y �y}y + � eA . r r } -,,F„,,,,,, f t#t '� Sri �+ 7tkC,�y ,•i i , - 5 C� ; w ' i ' Y �, 12 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that /" Ago Oldcastle SW Group, Inc. t: M B &B Excavating NAE AND ' 'I L d.ba. P.O. Box 4870 ADDRESS ll L Eagle, OF INSURED g e, CO 81631 r Mutual© i is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE ❑ CONTINUOUS TYPE OF POLICY POLICY NUMBER LIMIT OF LIABILITY ❑ EXTENDED 0 POLICY TERM WORKERS WA7 -C8D- 004095 -022 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY 9/1 /2013 LAW OF THE FOLLOWING STATES: COMPENSATION WC7 -C81- 004095 -012 ALL STATES EXCLUDING Bodily In byAccident MONOPOLISTICS STATES AND $1,000,000 Each Accident NY Bodily Injjury By Disease WI $1 ,000,000 Policvtimit Bodily Injury By Disease $1,000,000 Each Person COMMERCIAL 9/1/2013 TB2 -C81- 004095 -112 General Aggregate GENERAL LIABILITY $2,000,000 ❑ OCCURRENCE Products / Completed Operations Aggregate $2,000,000 ❑ CLAIMS MADE Each Occurrence $2.000.000 RETRO DATE Personal & Advertising Injury $2,000,000 Per Person / Organization ° IRE DAMAGE $100,000 OtheLR PROJECT AGGREGATE AUTOMOBILE 9/1/2013 AS2- C81- 004095 -122 Ft Each Accident — Single Limit LIABILITY $2,000,000 B.I. And P.D. Combined d OWNED Each Person 2 NON -OWNED Each Accident or Occurrence 0 HIRED Each Accident or Occurrence OTHER Auto: Comp Ded $10,000 /Coll Ded $10,000 EVIDENCE OF COVERAGE ADDITIONAL COMMENTS EXHIBIT ECO Transit Bus Stop § .._____P____ Eagle County is named additional insured • If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: r-,-, Eagle County ,L Judith Balazentis P.O. Box 850 Pittsburgh / 0387 AUTHORIZED REPRESENTATIVE T. 5 Eagle, CO 81631 12 Federal Street, Ste. 310 Q Pittsburgh PA 15212 -5706 412 - 231 -1331 10/9/2012 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 LDI COI 268896 02 11