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Home My WebLink AboutC15-219 Gould Construction, Inc. Construction AgreementCONSTRUCTION AGREEMENT FOR CEDAR DRIVE ROAD IMPROVEMENTS THIS CONSTRUCTION AGREEMENT is dated as of the day of , 2015, by and between Eagle County, Colorado, a body corporate and politic, actag by and through its Board of County Commissioners (hereinafter called "County" or "Owner") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and Gould Construction, Inc. a Colorado Corporation licensed to work in the State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is P.O. Box 130, Glenwood Springs, CO 81602. Owner and Contractor, in consideration of the mutual covenants herein set forth, agree as follows: ARTICLE 1— THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as the Cedar Drive Road Improvements Project (hereinafter the "Project"). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents and in accordance with the approved design plans and specifications ("Work"). 1.2 This Project is supported by the State of Colorado acting by and through the Department of Transportation ("CDOT" or "State") and is funded by Owner and the Federal Highway Administration ("FHWA"). 1.3 Owner shall be entitled to perform inspection and testing activities, approve sources of materials, perform required plant and shop inspections all as more fully set forth herein. 1.4 A more complete description of the Project and a description of the applicable Project site (the "Site") is provided by the Contract Documents. 1.5 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. 1.6 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. 1.7 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, tk security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.8 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. 1.9 Contractor shall perform with its own organization a minimum of thirty percent (30%) of the total Contract Price excluding identified specialty items. ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the Eagle County Engineering Department, the Manager of which, or her designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. 2.2 Contractor's representative is Ryan Hill, Project Manager. Contractor's representative shall be a competent superintendent or supervisor who is employed by Contractor with full authority to direct performance of the Work in accordance with the Contract Documents, and is in charge of all construction operations regardless of who performs the Work. Contractor shall supply such other of its own organizational resources as Owner determines is necessary to assure the performance of the Contract. 2.3 Neither Owner'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 Work will be completed and ready for final payment in accordance with the Contract Documents on or before September 14, 2015 ("Contract Time"). 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with the Contract Documents on or before October 5, 2015 all without an increase in the Contract Price. 3.3 Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with 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 Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $1,600.00for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. tk ARTICLE 4 - CONTRACT PRICE 4.1 Owner shall pay Contractor, for Contractor's performance of the Work under the Contract Documents, an amount not to exceed $1,031,365.00 ("Contract Price"). 4.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price (which is based in part upon unit prices) includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. Unit quantities actually incorporated in the Project may be adjusted subject to the not to exceed Contract Price and in accordance with the Contract Documents. In no event shall the Unit prices set forth in Contractor's Bid Form be adjusted. 4.3 Contractor acknowledges that Owner is a tax exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents. 4.5 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 Owner, 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 Owner 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. 4.6 Eagle County is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, Owner shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the Owner in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et.seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. C1 5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price and as provided in the Contract Documents. All progress payments will be on the basis of the progress of the Work. Owner 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. 5.2 The period covered by each Application for Payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. 5.3 Each Application for Payment shall be based upon the unit prices and percentage of completion as set forth in the Contract Price and otherwise in accordance with the Contract Documents. Each Application for Payment shall show actual quantities incorporated into the Project for each portion of the Work as of the end of the period covered by such Application for Payment. 5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar month or as soon thereafter as practicable if Contractor is satisfactorily performing the Agreement. Progress payments will be in an amount equal to: 95% of the calculated value of the Work completed. The withheld percentage of the Contract Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the Owner. 5.5 Progress payments and retained funds shall occur in compliance with the General Conditions attached hereto and C.R.S. §24-91-103. 5.6 In taking action on Contractor's Applications for Payment, Owner 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) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has made exhaustive or continuous on-site inspections of the Work; or (iii) Owner has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. 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. Owner 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 Owner. 5.8 Owner may withhold payments due to Contractor, to such an extent as may be necessary to protect Owner from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. 5.9 Notwithstanding the fact some of the Work may occur on property owned by third parties that are not governmental entities, the Contractor acknowledges and agrees that payment shall be made in accordance with C.R.S. 24-91-103 and C.R.S. 38-26-107 and hereby waives it right to lien the property. Contractor shall include the language of this paragraph 5.9 in any subcontracts for the Project. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 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. 6.2 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. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 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 Owner or the State because of the performance of any Work by this Agreement. 6.6 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 Ak in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. 6.8 Contractor shall comply with and is responsible for compliance by its subcontractors, lower tier subcontractors and/or service providers with FHWA 1273 and Contractor shall physically include that FHWA 1273 verbatim in all subcontracts, regardless of tier and in any purchase order, rental agreement or service agreement as required by 23 C.F.R. 633.102(e). FHWA 1273 is part of the Contract Documents and is attached hereto and incorporated herein as Exhibit E. 6.9 Standard Special Provisions relating to equal employment opportunity, affirmative action wage decisions are part of the Contract Documents and shall be included in all subcontracts. 6.10 Contractor shall supply Owner and the State with all lower tiered subcontract agreements and purchase orders. 6.11 Contractor shall be responsible for reserving the right for itself and for Owner, the State and their employees and agents, the right to inspect its subcontracts to determine compliance with Contract Documents. 6.12 Contractor shall allow Owner, the State and their respective employees or agents to conduct random checks with onsite subcontractor employees to determine if they are paid according to Contract Documents and to verify that no discriminatory employment practices are present. 6.13 Contractor shall submit all documentation requested by Owner, the State or their respective employees or agents, such as meeting minutes and rosters and complaint procedures. Contractor must assure that all employees, including subcontractor employees, have been informed of required wages, non -segregated facilities, training opportunities and potential hiring opportunities for women and minorities. 6.14 To ensure dissemination of policies relating to Equal Employment Opportunity, the Contractor must have a meeting prior to the Work and then not less than once every six months. The Contractor shall notify Owner and State of the date, time and location of the meeting. 6.15 Contractor shall be responsible for certifying that all subcontractors or material suppliers do not have segregated facilities in accordance with applicable law. 6.16 Contractor is responsible for compliance with the Contract Documents for all subcontractors and shall complete all forms required by the Owner, State and FHWA. 1j\ 6.17 Contractor shall comply with all civil rights and labor requirements required by CDOT including project bulletin board and pre -construction packet requirements. Contractor shall process CDOT Form 205- Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor and submit to Owner or CDOT as required. The Contractor is responsible for providing a main bulletin board at the Project site that is accessible to all employees. The bulletin board must contain the Equal Employment Opportunity policy and other documents required by the Contract Documents. Posters must be in English and Spanish, if applicable and checked frequently to assure documents are legible. Should any documents become missing or faded, the Contractor is responsible for replacement. 6.18 The parties agree that the Davis -Bacon Act applies to the Work being performed by Contractor and sub -contractors. Contractor and any subcontractor shall comply with the Davis -Bacon Act and reporting requirements thereunder and as supplemented by the applicable Code of Federal Regulations, and shall be responsible for obtaining and supplying any required forms or other information. Contractor shall insert a clause containing the terms of this section 6.18 in all contracts or subcontracts in excess of $2,000.00. 6.19 Contractor and its subcontractors and consultants shall at all times during the term of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations as they currently exist or may hereafter be amended. A list of certain federal and state laws, regulations and rules that may be applicable are described in Exhibit C which is attached hereto and incorporated herein by reference. Exhibit C shall be incorporated in all subcontracts. 6.20 Contractor shall comply with the Americans with Disabilities Act ("ADA") and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects." 6.21 Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended, which provides that no person shall on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Contractor shall insert a clause containing the terms of this section in all contracts or subcontracts. 6.22 Contractor shall meet the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 6.23 All Work shall be performed in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Action of 1969 (NEPA) as applicable and SB -40 requirements. 6.24 Contractor shall comply with Underutilized Disadvantaged Business Enterprise Goals applicable to this Project. 6.25 Contractor shall comply with On -The -Job Training Goals applicable to this Project. 6.26 Contractor shall comply with any reporting requirements related to Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273. 6.27 Contractor shall cooperate and participate as may be required in Equal Employment Opportunity and Labor Compliance Verification Employee Interviews and completion of CDOT Form 280 and cooperate and complete as necessary CDOT Form 205 -Sublet Permit Application for each subcontractor. 6.28 Contractor shall cooperate and participate as may be required in monitoring DBE Participation to ensure compliance with Commercial Useful Function Requirements and shall cooperate with or conduct interviews as may be required when Project utilizes on the job trainees and will complete or participate as may be required with CDOT Form 200 -OJT Training Questionnaire. 6.29 Contractor shall comply with all payroll certification requirements 6.30 Contractor shall be responsible for submitting FHWA Form 1391. 6.31 Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, sexual orientation, ancestry, physical handicap, age, political affiliation or family responsibility. Contractor shall insert a clause containing the terms of this section 6.31 in all contracts or sub -contracts that exceed $10,000.00. 6.32 Due to the involvement of federal funding for this Project, the Contractor shall comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). Contractor shall insert a clause containing the terms of this section 6.32 in all contracts or sub -contracts. 6.33 Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). Contractor shall insert a clause containing the terms of this section in all contracts or sub -contracts in excess of $2,000.00. 6.34 Contractor agrees to comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Air Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). Contractor shall insert a clause containing the terms of this section in all contracts or sub -contracts in excess of $100,000.00. V 6.35 Contractor agrees to comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871). 6.36 Contractor agrees to comply with all requirements concerning Disadvantaged Business Enterprise applicable to the Project. Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises and labor surplus area firms are used for subcontracts when possible. 6.37 The State will perform a final project inspection of the Work as a quality control/assurance activity but the same shall not relieve Contractor of its obligations under the Contract Documents. Further, Contractor shall participate as requested by Owner, in any final inspection and Project close out process. 6.38 Contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation and shall provide all safeguards, safety devices, and protective equipment and shall take any other actions reasonably necessary to protect the life and health of the persons working at the site of the Project and the safety of the public and to protect the property in the performance of the Work. 6.39 Contractor shall be responsible for posting any notice required by 23 CFR 635.119 concerning false statements. 6.40 Contractor shall require language of certification for federal -aid which is attached hereto as Exhibit F in all subcontracts which exceed $100,000. 6.41 Buy American requirements shall apply as set forth in the Contract Documents. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement and documents referred to in the Agreement as being part of the Contract Documents. 7.2 Contractor's Bid Form attached hereto and incorporated herein as Exhibit A. 7.3 Bid Package attached hereto as Exhibit B and the CDOT forms required to be submitted by Contractor with its Bid. 7.4 "Standard Specifications for Road and Bridge Construction", Colorado Department of Transportation, State of Colorado, 2011. *K 7.5 "Colorado Standard Plans, Colorado Department of Transportation, M & S Standards" 2012. 7.6 Bid Set consisting of: Cedar Drive Road Improvements (Federal Aid Project No. SHO 0821- 097, Project Code 18265), prepared by SGM, Inc., dated March 2015. 7.7 CDOT Special Provisions consisting of- Project £Project Special Provisions — Cedar Drive Road Improvements Standard Special Provisions 7.8 All CDOT approved clearance documentation, including utility, environmental and right- of-way 7.9 Listing of federal and state laws, regulations and requirements Exhibit C. 7.10 Addendum(s) #1, #2, & #3 7.11 Performance, Labor and Material and Payment Bonds. 7.12 Notice of Award and, if any, Notice to Proceed. 7.13 General Conditions also sometimes referred to as General Provisions are attached hereto as Exhibit D and incorporated herein. 7.14 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.15 FHWA 1273 is attached hereto and incorporated herein as Exhibit E. 7.16 Certification for Federal -Aid Contracts is attached hereto and incorporated herein as Exhibit F. The parties acknowledge and agree that this Agreement shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. The order of precedence for other documents is as set forth in Subsection 105.09 of the Special Provisions. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 — BONDS 8.1 Upon execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. 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, and shall comply with all applicable federal and state laws and shall provide that such Subcontracts shall be governed by the laws of the State of Colorado. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents, employees, suppliers, subcontractors performing Work under a contract with Contractor and such subcontractors' lower -tier subcontractors, agents and employees. 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 10 — MISCELLANEOUS 10.1 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 parry 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. Notwithstanding the foregoing, Contractor agrees that the State, in its sole discretion, may direct Owner to assign to the State all of its right, title and interest under any terminated contracts or agreements and Contractor hereby consents to such assignment. Ik 10.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3 Sections 105.22, 105.23 and 105.24 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011) shall be of no force and effect unless expressly agreed to by OWNER in its sole discretion. All claims, disputes, controversies and other matters in question between OWNER and CONTRACTOR shall, in the first instance, be subject to good faith negotiations between the parties. Either party may notify the other of a claim or dispute. Within ten (10) days after delivery of such notification, or such longer period as the parties may mutually agree, the parties shall meet in good faith to resolve any claims or disputes. In the even the parties cannot reach an agreement, any remaining claims, disputes and controversies related to the Contract Documents, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado. 10.4 Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act. 10.5 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 the District Court for Eagle County, Colorado. 10.6 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. 10.7 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: Ben Gerdes Eagle County, Colorado 500 Broadway P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8564 Fax: (970) 328-8789 With a copy to: Eagle County Attorney P.O. Box 850 500 Broadway Eagle, CO 81631 Telephone: (970) 328-8685 Fax: (970) 328-8699 Contractor: Mark Gould, President, CEO, CFO Gould Construction PO Box 130 Glenwood Springs, CO 81602 Telephone: (970) 945-7291 Fax: (970) 945-8371 Notices delivered in person shall be effective as of the date of delivery, 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. 10.8 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: As used in this section 10.8, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101 et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-17.5-101, et seq., and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Contract and that Contractor 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. Contractor shall not: (i) Knowingly employ or contract with an undocumented individual to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. B. Contractor 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.uscis.gov/e-verify. C. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that the Contractor 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 undocumented individual. E. The Contractor 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 Contractor 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 Contractor 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 Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 10.9 Contractor shall make, keep maintain and allow inspection and monitoring by the County, State and federal government of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or delivery of services or goods hereunder. Contractor shall maintain such records until the last to occur of the following: (i) a period of three years after the date of this Agreement is completed or terminated, or (ii) three years after final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or if Contractor has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (collectively the "Record Retention Period"). The County, State and the federal government, or any of their duly authorized representatives, shall have the right to audit, inspect, examine, excerpt, copy and/or transcribe records related to this Agreement during the Record Retention Period. Contractor must maintain an established accounting system that complies with generally accepted U accounting principles. Records related to disputes arising out of this Agreement shall be maintained and made available until such disputes have been resolved. As used in this provision, "records" includes books, papers, records, documents, accounting procedures and practices, and other data, regardless of the type and regardless of whether such items are in written form, in the form of computer data, or in any other form. Further, the State may conduct an audit pursuant to C.R.S. 24-103-601. Contractor shall maintain all records and other evidence sufficient to reflect costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this Agreement. County, State, and the federal government, including the Comptroller General of the United States or any of their duly authorized representatives, shall have the right to examine and audit those records at any time, or from time to time. The right of examination shall include inspection at all reasonable times at the offices of Contractor or sub -contractors responsible for the Project. Contractor will be required to submit cost or pricing data and supporting information in connection with any invoice relating to this Agreement if requested by County. This section shall not be construed to require Contractor or its sub -contractors to create or maintain any record that they do not maintain in the ordinary course of business pursuant to a provision of law, provided that those entities maintain records which conform to generally accepted accounting practices. Contractor shall insert a clause containing the terms of this section in all contracts or sub -contracts that exceed $100,000. Contractor shall permit the County, State or federal government, or any other duly authorized agent of a government agency, in their sole discretion, to monitor all activities conducted by the Contractor pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations or any other procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the Contractor's performance hereunder. 10.10 Except as set forth in paragraph 10.15 hereof, any indemnity, warranty or guaranty given by Contractor to Owner 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. 10.11 If Contractor brings to the performance of this Agreement a pre-existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre-existing patent or copyright. Otherwise, it is expressly agreed that the work performed under this Contract is a work for hire. A. If any discovery or invention arises or is developed in the course of, or as a result of, Work or services performed under this Agreement, or in any way connected herewith, the Contractor shall refer the discovery or invention to the Owner's Project Manager for a determination whether patent protection will be sought in kk the name of the County and/or State or federal government. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to Owner and/or the State or federal government. In the event that any books, manuals, films, or other copyrightable material are produced, the Contractor shall notify the Owner. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to Owner and/or the State or federal government. All materials to which the Owner and/or the State and federal government is to have patent rights or copyrights shall be marked and dated by the Contractor in such a manner as to preserve and protect the legal rights of the Owner and/or the State and federal government. B. Prior to the initiation of services or Work under this Agreement, the Contractor shall disclose, in writing, all intellectual properties relevant to the performance of this Agreement which the Contractor knows, or should know, could give rise to a patent or copyright. The Contractor shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Owner and/or the State and federal government shall then, under paragraph A above, have the right to all patents and copyrights which arise as a result of performance under this Agreement. C. The terms and conditions specified in paragraphs A and B above shall also apply to any subcontract made under this Agreement. The Contractor shall be responsible for informing the subcontractor of the provisions of this section and obtaining disclosures. D. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials or work product of any type, including drafts, prepared by the Contractor in the performance of its obligations under this Agreement shall be the exclusive property of the County and/or State and all work product shall be delivered to Owner for delivery to the State upon completion or termination hereof. The Owner and State's exclusive rights in such work product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. The Contractor shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Contractor's obligations hereunder without the prior written consent of the Owner and the State. E. Notwithstanding anything to the contrary herein, and in addition to all other rights granted herein, a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes (a) the copyright in any Work developed under this Agreement and (b) any rights of copyright to which Contractor purchases ownership with support under this Agreement is hereby granted to County, State and federal government. 10.12 All rights and title to works for hire under this Agreement, whether patentable or copyrightable or not, shall belong to the Owner and/or the State and federal government ck and shall be subject to the terms and conditions of this Agreement. The Contractor warrants that all materials produced hereunder will be of original development by the Contractor and will be specifically developed for the fulfillment of this Agreement and will not knowingly infringe upon or violate any patent, copyright, trade secret or other property right of any third party, and the Contractor shall indemnify and hold the Owner harmless from and against any loss, cost, liability or expense arising out of any breach or claimed breach of this warranty. 10.13 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests. 10.14 In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. Signature may be by Owner's Project Manager or the Eagle County Engineer within amounts budgeted and appropriated for this Agreement. Any other change order or amendment shall occur in compliance with Owner's contract approval policy. 10.15 The parties acknowledge that a boulder is located above Cedar Drive and Frying Pan Road and will be removed in connection with the Work. The cost of removing the boulder is currently unknown other than (i) the estimate from Holy Cross Energy in the amount of $15,000 (the actual cost of this work to be billed when such work is complete) which the parties agree will be incorporated into a change order at the appropriate time; and (ii) traffic control which is already included in the cost of the Work; and (iii) bid item cost 203-00450 rock removal of $5,000 each. Other costs that may arise in removing the boulder shall be addressed through the change order process as set forth in the Contract Documents. The Parties acknowledge the costs may include, but will not be limited to, damage to Cedar Drive and Frying Pan Road, damage to utilities, tree replacement, if needed as well as regulatory issues that may include removal of the boulder from the Frying Pan River. Contractor's indemnification obligations shall not apply to removal of the boulder as set forth in this paragraph 10.15 unless damage is the result of Contractor's negligence. [rest of page intentionally left blank] IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. EAGLE COUNTY, COLORADO By and through its Board of County Commissioners ATTEST o By: By4kathyandler-Henry, Clerk of the Board f County Commissioners Chairman STATE OF COLORADO ss: COUNTY OF EAGLE "Contractor": GOULD CONSTRUCTIONIVC By: Mark Gould, President, CE , CFO The foregoing instrument was acknowledged before me by 1► ]Av-k C- (lot -la of C1ok4 t^on •aJP this lit day of /YID , 2015. My commission expires:Mo-di ZA Z:�O(KIMBERLY D. OCHKO NOTARY PUBLIC - STATE OF COLORADO Notary Identification #20014003716 MY Commission Expires 3/23/2017 Notary Public Exhibit A EAGLE COUNTY ENGINEERING DEPARTMENT CEDAR DRIVE ROAD IMPROVEMENTS PROJECT NO. SHO 0821-097, PROJECT CODE 18266 REVISED BID FORM CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY COST UNIT EXTENDED 201-00000 CLEARING AND GRUBBING LS 1 q5oco-00 q'coo. 00 202-00010 REMOVAL OF TREE EACH 2 00 cX0.00 202-00035 REMOVAL OF PIPE (12" CMP) LF 30 101.00 570,00 202-00220 REMOVAL OF ASPHALT MAT SY 6 _00 pU 203-OW10 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 700 .00 O b 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 850 aS�O 203-400 ROCK EXCAVATION CY 625 (cr:-, OCA 203-00450 ROCK REMOVAL EACH 3 57004-_0G I sccO.Op 203-00500 ROCK FILL CY 625 ;;�5- 00 '9101s" 206-00000 STRUCTURE EXCAVATION CY 22 X5700 -7-7000 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 21 00 I yb 00 a`Z�l�fO' 206-00360 MECHANICAL REINFORCEMENT OF SOIL CY 19 Od o G 207-00205 TOPSOIL CY 30 c) 0 y Ind O 6 208-00002 EROSION LOG (12 INCH) LF 75 13.00 TSS oO 208-00040 CHECK DAM EACH 12 1-70-00 .2pyo-op 208-00045 CONCRETE WASHOUT STRUCTURE EACH 1G5U 3.3 SO 3.35Z>' o4 208-00050 STORM DRAIN INLET PROTECTION EACH 9 pp 'Aq-c- O d 208-00205 EROSION CONTROL SUPERVISOR DAY 12 06 X30' -o O 210-00810 RESET GROUND SIGN EACH 2 0 00 - O G 212-00006 SEEDING (NATIVE) ACRE 1 ' 7c,00 1,200,0c) 213-002 MULCHING (WEED FREE HAY) ACRE 1 ooeac 213-00061 MULCH TACKIFIER LB 50 �-,pG ;zsv-c,0 240-00000 WILDLIFE BIOLOGIST HOUR 12 qv.00 1,08c Page 7 of 9 - Addendum #3 EAGLE COUNTY ENGINEERING DEPARTMENT CEDAR DRIVE ROAD IMPROVEMENTS PROJECT NO. SHO 0821-097, PROJECT CODE 18265 CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY COST UNIT EXTENDED 304-06000 AGGREGATE BASE COURSE CLASS fi TON 2560 �•00 403-34721 HOT MIX ASPHALT (GRADING SX) (75) (PG 58-28) TON 183500 /zZ Z73 $70 00 420-00132 GEOTEXTILE (SEPARATOR) (CLASS 1) SY 70000 1. � c0 502-08250 MICROPILE (4 INCH) LF 280 7S�-00 a� � • 00 506-00209 RIPRAP (9 INCH) CY 6a 00a p0 506-00212 RIPRAP (12 INCH) CY 25 es -co �aSOG� 506-00218 RIPRAP (18 INCH) CY 9 es-00 --7Gja.0O 507-00700 DITCH TYPE 1 LF 65 �F 601-03052 CONCRETE CLASS D (WALL) (COLORED)l� CY 17 OU j 17 OO 602-00020 REINFORCING STEEL (EPDXY LB 3020COATE Z_ 12p p D 603-50018 18 INCH PLASTIC PIPE LF 91 CIO. 00 9,1` 6. O O 603-50024 24 INCH PLASTIC PIPE LF 100 los-00 l' BSUG OCA 603-50036 36 INCH PLASTIC PIPE LF 40�G0• 00 1 y 00 603-50042 42 INCH PLASTIC PIPE LF 75 1q.3 00 �Ll,y7so6 604-00305 INLET TYPE C (5 FOOT) EACH 1 �cc 00 �Oa• 00 604-00505 INLET TYPED (5 FOOT) EACH 2 1 fd 0 , (�15Cj O 0 606-00301 GUARDRAIL TYPE 3 (6-3 POST SPACING) (7 FOOT POST) LF 1568 O O cam• -j -7Wp6 606-01390 END ANCHORAGE TYPE 3K EACH 14 �0.[X7 606-10305 BRIDGE RAIL TYPE 3 (SPECIAL) LF 47 7-&'- lyZ609-24003 609-24003 GUTTER TYPE 2 (3 FOOT) LF 670 LO -00 3Z '00 612-00001 DELINEATOR (TYPE 1) EACH 18 RS -6>0 DO 613-00600 6" SCH 80 PVC WATERLINE SLEEVE LF 40 Q� O� ,D` 625-00000 CONSTRUCTION SURVEYING LS 1 ,,7 00p'CO Z7COO .00 626-00000 MOBILIZATION LS 1 e ,Q 'vU � Page 8 of 9 - Addendum #3 EAGLE COUNTY ENGINEERING DEPARTMENT CEDAR DRIVE ROAD IMPROVEMENTS PROJECT NO. SHO 0821-097, PROJECT CODE 18266 ITEM NO.T CONTRACT ITEM UNIT QUANTITY COST -75�j'00 F/A TRAFFIC CONTROL UNIT EXTENDED 626-01000 PUBLIC INFORMATION LS 160 S' Db SS3 CONTROL SERVICES ,��o. ► n 630-00000 FLAGGING HOUR 1000pQ O� 630-00007 TRAFFIC CONTROL DAY 60 d� g, INSPECTION 630-00012 TRAFFIC CONTROL DAY 15 -%ST.i II T�.O4 MANAGEMENT 630-80311 BARRICADE (TYPE 3) (5FT X EACH 6 3Lto' Z'CAC OO 8� 630-80341 CONSTRUCTION TRAFFIC EACH 9 '7-0 p i `O PCS SIGN (PANEL SIZE A) 630-80342 CONSTRUCTION TRAFFIC EACH 800 1,20 cIlA'� Ov SIGN (PANEL SIZE C) 630-80355 MESSAGE SIGN PORTPANEL EACH 2 /Y&'GO Z-7, 2woo 630-80363 DRUM CHANNELIZING DEVICE EACH 200 O� (FLASHING) I S 630.80370 CONCRETE BARRIER (TEMPORARY) LF 15000 !' % DD 630-80380 TRAFFIC CONE EACH 20 /0 co &)o'OD FORCE ACCOUNT ITEMS 700-70009 F/A MINOR CONTRACT REVISIONS FA 1 75000 -75�j'00 F/A TRAFFIC CONTROL 700-70492 (UNIFORMED TRAFFIC HOUR 20 1500 �d� 00 CONTROL ,��o. ► n 1031, 31�S c �; l,eAse -See Qualification rescinded by letter dated 4/23/2015 included in Bid Package (Exhibit B) Page 9 of 9 - Addendum #3 Exhibit B RESPONSE CHECKLIST For Construction of the Cedar Drive Road improvements Project The bidder's attention is especially called to the items listed below, which must be submitted in full as part of the bid. Failure to submit any of the documents listed below as a part of your bid, or failure to acknowledge any addendum in writing with your bid, or submitting a bid on any condition, limitation or provision not officially invited in this Invitation For Bids may be cause for rejection of the bid. Bidders shall check each box indicating compliance. THIS CHECKLIST MUST BE SUBMITTED AS PART OF YOUR PACKAGE THE FOLLOWING CDOT FORMS MUST ALSO BE SUBMITTED AS PART OF YOUR BID. BIDS WILL NOT BE ACCEPTED IF THEY DO NOT INCLUDE THESE FORMS (1 original & 1 copy CDOT Form 606, ANTI -COLLUSION AFFIDAVIT CDOT Form 1413, BIDDER'S LIST CDOT Form, 1414, ANTICIPATED DBE PARTICIPATION PLAN The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO -1 form requirements. The EEO -I Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29 CFR 1602.07); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: lrttp://www.eeoc.g vov/empvers/eeotsurvevq cfm. This Project includes funding by CDOT administered by Federal Highway Administration (" FHWA') grants; therefore the Davis Baca Act will apply. Page 8 of 415 RESPONSE CHECKLIST ADDENDUM(S) ACKNOWLEDGED (IF APPLICABLE) EAGLE COUNTY BID BOND OR OTHER FORM OF BID SECURITY (5%) &-k MINIMUM INSURANCE REQUIREMENTS FORM AND CERTIFICATE OF INSURANCE SHOWING COhRdERCIAL GENERAL LIABILITY AND WORKERS COMPENSATION COVERAGE BID FORM ONE (1) ORIGINAL HARDCOPY SET AND ONE (1) COMPLETE COPY OF ALL BID DOCUMENTS LOBBYING CERTIFICATION BIDDER IS PRE -QUALIFIED WITH THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION THE FOLLOWING CDOT FORMS MUST ALSO BE SUBMITTED AS PART OF YOUR BID. BIDS WILL NOT BE ACCEPTED IF THEY DO NOT INCLUDE THESE FORMS (1 original & 1 copy CDOT Form 606, ANTI -COLLUSION AFFIDAVIT CDOT Form 1413, BIDDER'S LIST CDOT Form, 1414, ANTICIPATED DBE PARTICIPATION PLAN The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO -1 form requirements. The EEO -I Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29 CFR 1602.07); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: lrttp://www.eeoc.g vov/empvers/eeotsurvevq cfm. This Project includes funding by CDOT administered by Federal Highway Administration (" FHWA') grants; therefore the Davis Baca Act will apply. Page 8 of 415 RESPONSE CHECKLIST - continued For Construction of the Cedar Drive Road Improvement Project The apparent low bidder will be given the following forms. These forms need to be returned to Eagle County by 4:30 pm MT on the first calendar day following bid opening. Failure to submit the forms may result in the denial of award to the apparent low responsible bidder and forfeiture of the proposal guarantee. CDOT Form 605, CONTRACTORS PERFORMANCE CAPABILITY STATEMENT CDOT Form 621, ASSIGNMENT OF ANTITRUST CLAIMS CDOT Form 1415, UDBE COMMITMENT CONFIRMATION CDOT Form 1416, DBE GOOD FAITH EFFORT REPORT The table below shall be filled out and signed as part of the completion of the Response Checklist. Company Name: Phone Number: Gou,IJ ago `NS-7aq/ Street Address: Fax: Pp Sox 130 q-70 ITLfS' City, State, Zip: Email: (7,JeA S rr S p Authorized Representative Name (Print): Title: M a -r k C— (qC'U (J Pres, jej, Authorized Rep a t' 'gnature: Date: A - .n (0 20r.— Page 9 of 415 RESPONSE CHECKLIST - continued For Construction of the Cedar Drive Road Improvement Project Fuel Cost Adjustments Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 —Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, Eagle County will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "X") (Pe -'1,K YES, I choose to accept Fuel Cost Adjustments for this project NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is !marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project Page 10 of 415 EAGLE COUNTY BID BOND <NC -W ALL MEN By 7HESE ORESEVS, THA7, Gould Construction, Inc. !Nwre) P.O. Box 130. Glenwood Springs. CO 81602 hereina:-*terrr=tl-tJD!ir,:t.,,i--.1 i,o jAcdressl Employers Mutual Casualty Company jSuRETv Name: ;'a, 01 Oi28r:_ L,: a,w cxls!; =a pw.'s ar the State r)4. Iowa P.O. Box 712, Des Moines, IA 50306 ,5v RE o' Audies-, and ALJ-'1ORIZM 70 F1,0 3uS!,%FSS % 717 ST ATr OF CO! OqAD%, as herear.e, re- SU-PV1, are ,,-ld miv ' uiscj to EAGLE Cr? JNT:, CULORADO, as 0i•,' ,gee, ere af-.er :a1lec the CIL ;gee, e sut o: ' n5ert Prorosa� Ar -punt 'n Wo -as? Five Percent (5%) of Total Amount Bid 5% lav, ful n-oney of ,he Un.,,ed States of Aweiir;i f0r paymen', c4' wh ch si;m ve! ai4 - Jy -c, to raoe ": e, pvnrlcoal ani- e Sc. etv birc dlefl-'selves' t-err-ei-s, executers successors and ass`g5. i.;In%' and y by rhes. ore i rt;5 VjNHREAS, the Prirlcipa. has six -m =-,ed tr: rhe Ob,ige-, a contrac- bid dated -lie 10th day OfApril 9n15 _ cor oe P,;icovk , c < cxva, t* Cedar Drive Improvement Project 3 NIM 74EREC-CRE, -HE COINIDMCNI OF THI> OBUSA-01,; IS SJ,' -i ' Hk,, :: P, ..-pws '*id is accep',el t%•/ Obi gee and 0:iri,:!pa! s a,.-jarded tne contract r whore or in part. ar,: the Principal sha!, cr;vter Into the contract %v: -.h the O'bogee in aLCQ4idnCe Wit! the Ler,,rls of such b d, and give such Payr.-ent, Performance, and Maintenance nond or bonds as may be specified the bidaing or -, .ontract docurients .-vith go..,d and sufficient surer; ',.)r the '"aithful perf,rTance Of Such Contact and W the por-,pt c-aynient of abcr ane, mate ia fu-n;shed i: tie piosecwv,*� thetew. o, r the ever.1- �" the failure of d, e Prins pa, tc eater suc, corse — and give such crood of uinn.i>, if the Pr nrcpal shat, promptly pay to ,he OVgee th= amount of this hcrid as set forth herein aocove, then tf .s )btigation shat be n, and void o.r:erwise this obi;gauon -o erviai!i it fur! -or -e ano effect. Sigre,,, ano seaieaejqhe dates set fr,;th be:o-.-,,: FOP. Gould Constructign, Inc. Ts.- ir (Se Th -15 10th day ofl April 2Q1a_______ EMP114mrs. asualjy Company E TS: Ar ey K. Anders 94) N/ Attorney -in -Fact :his 10th 02y of APO' 2015 Scrd —his Bore Cis! j5 ,i<_ net: a SSA Gua,anteed Bond. # N/A Page 29 of 4'. 5 /EMC. INSURANCE P.O. Box 712 • Des Moines, Iowa 60306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: TIMOTHY J. BLANCHARD, ASHLEY K. ANDERSON, JONATHAN B. LAND, ROBERT CHARLES TORREZ, VICKIE GOLOBIC, TERRI L. REESE, BROOKE DIANA LEE BECK, ANITA CLAYTON KELLER, CHRISTINA L. TOWNSEND, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such aftorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals Wa`w °^+P�=; ; ¢ `oP•°�.~ �" : o�P�o"•°�+; s;': ,1953 Bruce G. Kelley, Chairman Michael Freel SEAL ; = = �' 1863° ° o = ` = of Companies 2, 3, 4, 5 & 6; President Assistant Secretary �; '<�= ' 10"'^ `o ? -� • .o : of Company 1; Vice Chairman and CEO ofCompany 7 • 11=1 On this 22nd da of June, AD 2010 before me a Notaryy Public in and for the State of Iowa, =.'NSURAJV4 ,' `�NSw+AryC, y 'moo, ;moo ;,.�;° '•F� : :`�,, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, °P "'° ='�' : sg °° ''^ '` '° ''• = did say that they are, and are known to me to be the Chairman, President, Vice Chairman - .i SEAL ; ; SEAL ° ? W SEAL A : and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that ... the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Free], as such officers, �M TU q iy acknowledged the execution of said Instrument to be their voluntary act and deed, and the UTU q y voluntary act and deed of each of the Companies. VIMHT _ m Nu 22DO My CoFCATE xpires November 1, 2017. PAMCMJL o�� Nva � Oamrt 2fj1i � a ES, Notary i �, Notary Public in and for the State of to a CERT I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 10th day of April 2015 Vice President MINIMUM INSURANCE REQUIREMENTS The minimum insurance requirements specified in the General Conditions, shall be carried by all contractors as specified in the County's solicitation package, Special Provisions and Standard Specifications. Except for workers compensation and employer's liability insurance, Eagle County and the State of Colorado Department of Transportation (CDOT) must be named as an additional insured. Certificates of Insurance must be submitted upon execution of the Agreement by Contractor and provide 45 days' notice prior to any cancellation. • All coverage furnished by contractor is primary, and that any insurance held by Eagle County and State of Colorado Department of Transportation is excess and non-contributory. • The certificates of insurance shall provide that there will be no cancellation, reduction or modification of coverage without forty-five (45) days' prior written notice to Eagle County of AMcancellation. If CONTRACTOR does not comply with this section, the County may, in addition to any other remedies it may have, terminate this Agreement, subject to any provision of this Agreement. The undersigned certifies and agrees to carry and maintain the insurance requirements indicated above throughout the contract Period of Performance. C A &L�c - (Name of Company) �t) (Signature) Page 33 of 415 Client*: 122855 QAULCONS2 ACORD. CERTIFICATE OF LIABILITY INSURANCEa"T`p`" "I 4/08/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER'THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BiT1,OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUN G INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: It On cardfleate holder M an ADDITIONAL INSURED, the poky(ies) must be sndwssi N SU111111100ATION IS WANM subject Ir the farms and conditions of the policy, certain pokles may mqui a an endorsement. A atatenw it on We oerWaste does not corder rWft to the cwd lcsb Roeder In lou of such endorsamsn*). PRODUCERLiMEAcT Anita War HUB krternathmal Ins Svcs Inc 870-354-3308 74 2742 Crossroads Blvd Grand Junction, CO 815H 888 245.8011 . anita.kelle nternational.com � APPSRoea COVERAGE NAIL w a KINER A c Zurich American Insurance Cc 18535 Gould Construction Inc Noor e ■ : American Guarantee & Liability 2;247 3/01/2015 PO Box 130 INGUNE`c: con MErCIAL GENERAL LIABILITY Glenwood Springs, CO 81801 D"KINER E : rwaUNEN F: HUB CA License 00757776 I "V= AI n "CK l WRAP /C KljM9 K. @FYIR NIlwmi w. THIS E TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN E SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAAM. tv TYPE OF IIaNN1R110E ADDL 22 POLICY "U&AM uWTS A GENERAL Luanrrr X X ", GLOS31154814 3/01/2015 0310112014 EAcm occLww cE _ $1,000.000 con MErCIAL GENERAL LIABILITY MffE :100000 OCCUR oi,. MED EXP 1408 0 PERSOWILAADVINAIRY 51000000 GENERAL AGGREGATE i 00O 000 GENL AGGREGATE LONT APPLIES PER: PRODUCTS - Cok~ AGG s 000 000 POLICY XJMX Lia t A AUTOMOBILELIAtahY X X , BAP831154914 D310112015 0=112014 A1,00,000 X AM AUTO OW LY of MY rw,arson) $ ALL OWNED SCHEDULED AUTOS ' AUTOB ODDLY INAEtY �r swkt4 s X HIRED AUTO X AUT UNE, PROPERTY DAMAGE t B X WINNELIALAX OCCUR AUC009649400 v` 3/01/2015 03101/201 EACH OCCURRENCE s5 000 RE7tC1Fl tJAa CLAIMS -MADE AGGREGATE $5,000,000 XIt t A WNyy X WC831154714 3/01/2015 0331801120! X �A r N _ 7T�IO��N� = IRDED7 E1 MIA LL EACH ACCIDENT t1 M 000 DISEASE - EA EMPL $1000 000 0ftE.L. P OPERATIONS below E.L asEA - POLICY LINT $1 000 000 I -T i pwacPxn 'MI eF oPE voma R LoCATKm lrElMca n ~ A N7. AiNwlal NgnarRs sal.aa., E � ipo� M Eagle County and Colorado Department of Transportation are named as additional Insured for General Liability. Eagle County SHOULD ANY OF TWAiQYa OESCRNM POLICIES BE CAW.ELLSO BNFORE THE awitATIDN DAYS Tmm*oF, NOTICE WLLL me DBLIYaI w ;IN PO Box 850 ACCORDAWA WITH THS POLICY PROVISIONS. Eagle, CO 81631 AU►NORVMD 11@I�a11TATM ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #834447121M3367301 KY01 EAGLE COUNTY ENGINEERING DEPARTMENT CEDAR DRIVE ROAD IMPROVEMENTS PROJECT NO. SHO 0821-097, PROJECT CODE 18265 REVISED BID FORM CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY COST UNIT EXTENDED 201-00000 CLEARING AND GRUBBING LS 1 -00G• DO 202-00010 REMOVAL OF TREE EACH 2 00 •OO 202-00035 REMOVAL OF PIPE (12" CMP) LF 30 19,00 570-00 202-00220 REMOVAL OF ASPHALT MAT SY 6 00 f -00 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE); CY 700 00Ob GIGG` 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 850R57-00 00 o� 1. Z`50 203-00400 ROCK EXCAVATION CY 625 IC CI 00 203-00450 ROCK REMOVAL EACH 3 i50C,d 00 l �f>Dp 00 203-00500 ROCK FILL CY 625 Z;ts- o o a I �-7 o0 206-00000 STRUCTURE EXCAVATION CY 2200 -7-7000 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 21 I yb 00 aq OG 206-00360 MECHANICAL REINFORCEMENT OF SOIL CY 19 oaoG ?i5 [J(S 207-00205 TOPSOIL CY 30 1 3g v0 41I1f0- o6 208-00002 EROSION LOG (12 INCH) LF 75 13.00 q -7S-00 208-00040 CHECK DAM EACH 12 1-7000 .2.0qO`od 208-00045 CONCRETE WASHOUT STRUCTURE EACH 100 3.35 3,352 00 208-00050 STORM DRAIN INLET PROTECTION EACH 9 j a�9� OO 208-00205 EROSION CONTROL SUPERVISOR DAY 12 O6 X30 o O 210-00810 RESET GROUND SIGN EACH 2 O.00 �( - 00 212-00006 SEEDING (NATIVE) ACRE 1 i�ZQ0.d0 1,7,00-00 213-00002 MULCHING (WEED FREE HAY) ACRE 1 0o OC> 213-00061 MULCH TACKIFIER LB 50 240-00000 WILDLIFE BIOLOGIST HOUR 12 qo• va Page 7 of 9 - Addendum #3 EAGLE COUNTY ENGINEERING DEPARTMENT CEDAR DRIVE ROAD IMPROVEMENTS PROJECT NO. SHO 0821-097, PROJECT CODE 18265 CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY COST UNIT EXTENDED 304-06000 CLASS 6) AGGREGATE BASE COURSE TON 2560 oo )•OG 403-34721 HOT MIX ASPHALT (GRADING SX) (75) (PG 58-28) TON 1835/z,7pd $'7O pp 420-00132 GEOTEXTILE (SEPARATOR) (CLASS 1) SY 700 :2 �, 1 j( Cj -co 502-08250 MICROPILE (4 INCH) LF 280 -7S-p0 alb• 00 506-00209 RIPRAP (9 INCH) CY 6 �a ov a ob 506-00212 RIPRAP (12 INCH) CY 25 85-00 a �aS00 506-00218 RIPRAP (18 INCH) CY 9 00 507-00700 DITCH TYPE 1 LF 65 70-00 L 00 601-03052 CONCRETE CLASS D (WALL) (COLORED) CY 17 00 , p0 �S 602-00020 REINFO )CING STEEL (EPDXY COATE603-00018 LB 3020 0 I/ 00 18 INCH PLASTIC PIPE LF 91 c1c, oo 196. O C' 603-50024 24 INCH PLASTIC PIPE LF 100 10500 i o,s o oo 603-50036 36 INCH PLASTIC PIPE LF 40 /w• 00 1 L06 603-50042 42 INCH PLASTIC PIPE LF 75 1'33 OCA f,�I4 Lt7500 604-00305 INLET TYPE C (5 FOOT) EACH 1 3 loc, OU 00 604-00505 INLET TYPED (5 FOOT) EACH 2 ) 3� 00 '3(5r,'00 g,��-00 606-00301 GUARDRAIL TYPE 3 (6-3 POST SPACING) (7 FOOT POST) LF 1568 :114 O O 606-01390 END ANCHORAGE TYPE 3K EACH 14 Gp OU 606-10305 BRIDGE RAIL TYPE 3 (SPECIAL) LF 47 71&2 t7-,> 609-24003 GUTTER TYPE 2 (3 FOOT) LF 670 k f7-00 37-&30 00 612-00001 DELINEATOR (TYPE 1) EACH 18 '? iyt� oo 613-00600 6" SCH 80 PVC WATERLINE SLEEVE LF 40 j' Q0 QO �Q' 625-00000 CONSTRUCTION SURVEYING LS 1 zzcoo X) 626-00000 MOBILIZATION LS 1 ej,Q'v0�') -C% Page 8 of 9 - Addendum #3 EAGLE COUNTY ENGINEERING DEPARTMENT CEDAR DRIVE ROAD IMPROVEMENTS PROJECT NO. SHO 0821-097, PROJECT CODE 18266 CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY COST UNIT EXTENDED F/A TRAFFIC CONTROL 626-01000 PUBLIC INFORMATION SERVICESQ7 LS 100 20 6v 630-00000 FLAGGING HOUR 1000 ;3�5CO .3Q 00 630-00007 TRAFFIC CONTROL INSPECTION DAY 60 t1rT,QO 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 15 --7-<Z•00 630-80311 BARRICADE (TYPE 3) (5FT X 8FT) EACH 6 3 00 �4Gt f(j` 630-80341 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE A) EACH 9 630-80342 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE C) EACH 8 G� O� 630-80355 PORTABLE MESSAGE SIGN EACH 2✓ %�, co Z�i 630-80363 DRUM CHANNELIZING DEVICE (FLASHING) EACH 2 �S DOOD S'Z� 630-80370 CONCRETE BARRIER (TEMPORARY) LF 150 630-80380 TRAFFIC CONE EACH 20 /0 co Q� FORCE ACCOUNT ITFMR 700-70009 F/A MINOR CONTRACT REVISIONS FA 1 75000 OQ 75 F/A TRAFFIC CONTROL 700-70492 ED TRAFFIC HOUR 20 1500 �d00 00 CONTROL) /, rr/Il1Y1 l �X.4�f17t2t1Git'l4z/i'f AL BID ! 03 J 00} -p1,eAse- s&e- Page 9 of 9 - Addendum #3 GOLD CONSTRUCTION April 23, 2015 CDOT Eagle County PO Box 850 Eagle, CO 81631 RE: Cedar Drive Improvements Project SHO 0821-097 Project Code: 18565 To Whom It May Concern: Please accept this letter as our notification to CDOT and Eagle County that Gould Construction Inc rescinds the Qualification Statement that was included in our bid packet submitted on April 10, 2015 for the Cedar Drive Improvements Project. Sincerely, Mark C. Gould, Jr COO P.O. Box 130,,Glenwood Springs, CO 81602 Phone: 970-945-7291 Fax: 970-945-8371 GOVLD CONSTRUCTION April 10, 2015 RE: Qualification Statement Cedar Drive Improvements Project SHO 0821-097, Project Code: 18265 As the civil engineer for the project is anticipating the need for the rock in exhibit A(attached) to be barred from its current location, Gould Construction, Inc. would like to qualify is bid with the following statements. Gould Construction, Inc will not be responsible for property damage to adjacent properties for any rockfall related to or caused by rock removal activities on the Cedar Drive Improvements project; nor for the cost of removal of the rock from the river, or damages caused to the roadway if the rock activity damages the Frying Pan Road. Also excluded are the costs of removal of Holy Cross three phase line next to the road. We have talked to Holy Cross and believe the County should carry a budget of $50,000.00 for Holy Cross and Road Damage repair. Sincerely, Mark C. Gould President CEO CFO P.O. Box 130, Glenwood Springs, CO 81602 Phone: 970-945-7291 Fax: 970-945-8371 x Al..♦� "` i � ;si� \` �"f��' r �'+� "ik "[g,'"Y`•F�.'��.8`-s/1•fi't'� � y � fit" 4�, i 7 � } :1 Supplemental Bid Notes: (if applicable) The bidder understands that the bid quantities are estimated and that final payment will be based on actual field measured quantities. A. DBE Goal for this Project is 10% B. This Project is funded by CDOT administered by FHWA grants; therefore Davis Bacon wages apply. C� C Ons COMPANY NAME Page 26 of 415 BID FORM SIGNATURE PAGE By signing in this space, the contractor hereby certifies that this company is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from bidding/proposing on any federal st u nicipal Invitations for Bids or Requests for Proposals. Contract shall sign be k. Si nature ' �0�� _' Dat e5 Title THE CONTRACTOR hereby Certifies that at the time of this certification, the Contractor does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the basic pilot program in order to verify that the Contractor does not employ any illegal aliens. "Basic pilot program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States department of homeland security. If awarded the contract, the undersigned hereby agrees to sign said Contract, and furnish the necessary bonds within fifteen (15) days of receipt of the "Notice of Award", of said contract, and to begin work within fifteen (15) days from the date of receipt of the "Notice to Proceed", reach a Substantial Completion milestone the construction effort, as defined in Special Provision 105, Subsection 105.21, within ONE HUNDRED TWENTY (120) calendar days and to Final Acceptance for the project within ONE HUNDRED FORTY (140) calendar days. The undersigned acknowledges and understands the terms, conditions, Specifications and all Requirements contained and/or referenced and is legally authorized by the bidder ake the above bid statements or representations. /Please include original signature in in (Name of Company) (Signature) ( ate S— (Address) (City, State and Zip) 21!iiG 600 (Name tvoed/PrintPdl r n.►_► FEDERAL TAX ID # Quo Sits- 7aq / (Telephone Number) g -;0 q�,s S.34 1 (Facsimile Number) This Company Is: CorporationX Individual Partnership LLC Bidder hereby acknowledges receipt of the following Addendums if applicable (Bidder agrees that it is bound by all Amendments identified herein) ADDENDUM DATED: ADDENDUM #2_1YL � _ DATED: Ot S— ADDENDUM #3- I?l e- C1 DATED: Page 27 of 415 CERTIFICATION OF FEDERAL AID CONTRACTS (LOBBYING CERTIFICATION) Contractor certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Aaid Oowclw4::�, ame of Company) IO, 7-01 S ' (Date Page 6 of 9 - Addendum #3 Contracts and Market Analysis BranchCOLORADO 4201 East Arkansas Avenue, 21d Floor Denver, Colorado 80222 Department of Transportation Telephone: (303) 757-9583 Division of Project Support Facsimile: (303) 757-9867 March 31, 2015 NOTIFICATION OF PREOUALIFICATION GOULD CONSTRUCTION, INC. P. O. BOX 130 Limit: $unlimited GLENWOOD SPRINGS, CO 81602- Vendor ID: 534A Reference is made to your application for registration as a qualified bidder on Colorado Highway work, dated March 23, 2015. Your file has been reviewed and determined to be complete. Your firms Vendor ID is indicated above and must be shown on your bid proposal. Bids from a general contractor will be received subject to any limitation stated above, and with due consideration to the amount of work presently under contract, past performance on highway contracts, and the contractor's financial status at the time of bidding. It is further understood that the bidder has available the organization and equipment adequate for any project on which a bid is submitted; that the contractor's organization and equipment will be available to undertake the work on which bids are currently made, promptly after award of contract; and that the work will be carried on expeditiously and under proper supervision. This notice supersedes all previous notices. This prequalification will expire on March 31, 2016. You must file a new application 17 days prior that time to remain current. It is the contractor's sole responsibility to obtain and file the necessary forms each year prior to expiration. Forms are available on the Internet at hqs://www.coloradodot.info/business/bidding/Prequa]%20Form/view. Regards, Peter Avbenake Pre -Qualification Administrator COLORADO DEPARTMENT OF TRANSPORTATION PROJwr N0.5 H p 09 1 _ 1)y ANTI -COLLUSION AFFIDAVIT LOCATION C cunhj , 1. Ag1 e Z-0 -© I hereby attest Ghat t am title person Will* my Arm for to final dedaion as to the prl*s) ars amount of VU bid or. A not, that i have written aufhorizatim, aid herewith, frdxn;tdssi hperson to matte Nie atstemern0 set out bebw his or her behalf and on behalf of ,rain firm, on I hirfher atlest that 1. The price(s) and amount of the bid have been arrived at kudpendentiy, without consultation, communication or agreement for the purpose or with Nee efiad of restricting competition with arty COW Arm or person who's a bidder or potential prime bidder. 2A.'Neither the pfte(s) nor the amount of this bid have been disd: used to any duet Arm or person who is a bidder or Potential. prime bidder on N►ts project, and Will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of t#0 bid of any other Arm or person who Is a bidder or potential prime bidder on V* project have been disclosed to me or my Arm. 8A. No attempt has been made to sdLA` cause or kKkxe any Arm or person who Is a bidder or potential prime bier so refrain from bidding at this p(o)ect, or to submit a bid higher than the bid of Ods flam or competitive bid dor other torn dui oomplamentary bid. � �bt+ ► or non- competitive No agreement has been promsod or $04C ted for any other Arm or person who is a bidder or potential prime bidder on this project to subunit an intentionally high, petithre or csther form def complementary bid on No project, 4. The bid of my firm Is trade In good kith and not pursuant to any conwAadon, comrrnnlcatlon, agreement or discussion with, or kxkmnent or solichatim by or From any Arm or person to Kien petltlue or other form of �eritay bkL Intentionally • rcnoorn S. My Arm has not offered or entered kOa a subcontract or agreement regarding Nn purchase or sale of materials or services from any Arm or person, or offered, promised or pats cash or anyftV dd value io any Arm or person, whetter In connection with this or any other project, in consideradort for an agreement or prcmrse by any firm or person to refrain from bidding or fo subn* arty.Irdentionally high, nonoornpeddve or other form of complementary bid or agreeing or pmn**V to do so on Nes p/oj0ca. 6. My Arm has not accepted or been pranced any stubontract or agreement regarding Nus sale of materials or services to any Arra or person, and has not been promised or paid cash or any ft of value by any Arm or person, whetter in eonneclion with Nus or any dither project, In consideration for uryr Draft submitling any intentionally noncompetitive or other form of complementsty bid, or agreeing or promift to do so, on Ors project. T. i have made s;cingent kq uiry of all members, offers, emplayess, and agents d my Arm wf h responsibilities relating to the preparatlon, approval or submission of my rim's bid on this project and have been advised by each d Oren► that he or she has not parlicipalad in any communication, consultallon, dWmmkx% agreemeK oo on, or other conduct inconsistent with any of 1he stdoments and 101)(6 tenets in ifs aALdavit. A. f understand and my Aran urderstands to any misstatement in this a3lidavit is and shag be treated as a fraudulent concealment from the Colorado Department of Tra , of u,e lrue faros misting b submission of bids for Mis contract. 1 DECLARE UNDER PENALTY OF PER"Y NJ THE SECOND DEGREE, AND ANY OTHER APKXABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCL*AENT ARE TRUE Al COAN'LETE TO THE BEST OF MY KNOWLEDGE. Contracla'e &M er campay Mme C�c(c� nn ( ",4 DV Me IMors firm or company name. Sworn to byre nee this 1011y, day of, Notary pubk3 i�r ton>f,aafor+. 2;S, 2 -©t - NOTE: This document must be signed In ink. We KNURLY D. OCIIKO NOTARY int W • STAIE OF COLORADO NA" kkn#kaAdnr #014003ii6 MY OarWnissbrr 8f23r201i COOT Form #W 1102 ENGINEERING DEPARTMENT (970) 328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EAGLE COUNTY ADDENDUM #1 CEDAR DRIVE IMPROVEMENT PROJECT CDOT R3 PROJECT NO SHO 0821-097 PROJECT CODE 18265 March 26, 2015 EVA WILSON County Engineer The Bid Package for the Cedar Drive Improvement Project, issued on March 20, 2015, with Bids due on April 10, 2015 at 3:00pm MT is hereby amended as follows: 1. Replace pages "35 of 415" to "51 of 415" of the Bid Package with the revised Eagle County Sample Construction Agreement, enclosed herein from "Page 2 of 53 —Addendum #1" to "Page 20 of 53 —Addendum #1" 2. Replace pages "72 of 415" to "102 of 415" of the Bid Package with the revised Eagle County General Conditions, enclosed herein from "Page 21 of 53 — Addendum #1" to "Page 53 of 53 — Addendum #1" 3. The following information is provided as a courtesy to bidders, and shall have no binding effect on the Bid Package: Two property owners have expressed interest in offering their private property as staging and storage areas for the project. Parcel 2467-082-07-001, with the address of 675 Frying Pan Road, owned by Virginia & Lowell Bair, located at approximate Station 6+50.00 on the right side. Contact is Michael Bair at 970-948-2449. Parcel 2467-082-00-002, with the address of 801 Cedar Drive, owned by Mickey Berumen, Donna Southwell, Terry Southwell, and Carolyn Southwell, located at approximate Station 8+00.00 on the left side. Contact is Brian Busch at 928-514-3154. END OF ADDENDUM #I!1 �1 Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 1 of 53 - Addendum 41 ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EAGLE COUNTY ADDENDUM #2 CEDAR DRIVE IMPROVEMENT PROJECT CDOT R3 PROJECT NO SHO 0821-097 PROJECT CODE 18265 April 1, 2015 EVA WILSON County Engineer The Bid Package for the Cedar Drive Improvement Project, issued on March 20, 2015, with Bids due on April 10, 2015 at 3:00pm MT is hereby amended as follows: 1. All of the items from previous Addendums are still valid. 2. The Mandatory Pre -Bid meeting was held yesterday, March 31, 2015 at 1:00pm MT, at the Pinion Room in the El Jebel Community Center. An agenda for the meeting is enclosed herein as "Page 2 of 4 — Addendum #2". 3. Enclosed herein as "Page 3-4 of 4 — Addendum #2" is the Attendance Sheet for the above mentioned meeting. 4. All questions received during the meeting that are pertinent shall be addressed in a future addendum. The last addendum will be issued no later than April 7, 2015 at 5:00pm MT. END OF ADDENDUM #2 Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 1 of 4 - Addendum #2 ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EAGLE COUNTY ADDENDUM #3 CEDAR DRIVE IMPROVEMENT PROJECT CDOT R3 PROJECT NO SHO 0821-097 PROJECT CODE 18265 April 7, 2015 EVA WILSON County Engineer The Bid Package for the Cedar Drive Improvement Project, issued on March 20, 2015, with Bids due on April 10, 2015 at 3:00pm MT is hereby amended as follows: 1. All of the items from previous Addendums are still valid. 2. On the Agenda that was distributed at the Mandatory Pre -Bid Conference, Item 7e had the incorrect Bid Opening date. A copy of the agenda is included in Addendum #2. The correct Bid Opening date is April 10, 2015 at 3:00pm MT. 3. Replace "Page 34 of 415" of the Bid Package with the revised Certification of Federal Aid Contracts (Lobbying Certification), enclosed herein as "Page 6 of 9 — Addendum #3" 4. Replace "Page 23 of 415" to "Page 25 of 415" with the Revised Bid Form, enclosed herein as "Page 7 of 9 — Addendum #3" to "Page 9 of 9 — Addendum #3" 5. During the site visit, rock removal was discussed. Please refer to the information contained in the Bid Package for locations of this activity. 6. The following questions were received during the Pre -Bid Meeting on March 31, 2015: a. Question: Will the bid be awarded by low bid or qualifications? Response: The Successful Bidder will be determined as described under Section A. Defined Terms on "Page 16 of 415". b. Question: In Revision of Section 105, Hot Mix Asphalt Pavement Smoothness, Page 186 of 415, what will be required? Response: HMA. Asphalt Smoothness will not be evaluated for this project. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 1 of 9 - Addendum #3 ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EAGLE COUNTY EVA WILSON County Engineer C. Question: In revision of Section 401, Composition of i1fixtures — Voids Acceptance, Page 255 of 415, Section (3)(d) requires the Contractor to construct a 500 -ton test strip. Is a test strip this required for this project? Response: Section 401, Composition of Mixtures — Voids Acceptance, shall be deleted from the Project Manual. d. Question: Is a SWMP required and if so, who is responsible for obtaining it? Response: Revision of Section 107, Contractor Obtained Stormwater Construction Permit, "Page 200 of 415", requires that the Contractor obtain the permit. e. Question: In Revision of Section 626, Public Information Services, Page 144 of 415, what is required for this section? Response: Per Section 626, specifically providing communication and notification of ongoing road construction and closures to stakeholders identified within Section 626, as well as those road users who may be affected by closures of Cedar Drive or Fryingpan Road using notification methods to reach potential users. 7. The following questions were received by email on April 1, 2015: a. Question: Revision of Section 503 — Micropiles Who will perform grout testing? Response: Grout testing will be performed by the Owner or their designated representative. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 2 of 9 - Addendum #3 ENGINEERING DEPARTMENT 1970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EVA WILSON County Engineer b. Question: Submittals —Working Drawings This section, (1) & (2), calls for plan view and elevation view of micropile structure. These drawings are part of the bid drawings. Are additional drawings required or can Part 1 & 2 be deleted from the specification? If additional drawings are required please describe how they are different from the drawings in the bid set. This section, (4), calls for certificates of compliance to be provided prior to delivery of material. The certificates of compliance are typically shipped with the materials notprior to delivery. Is this acceptable? Response: Additional drawings will not be required. Submission of certificates of compliance upon delivery is acceptable. C. Question: Micropile Installation Paragraph 11 calls for the grouting to be done in a two —stagedprocess. The micropiles are not pre -stressed anchors. Therefore two-stage grouting is not necessary. Please explain why two-stage grouting is required. Proof testing is to be done prior to grouting the annular space. Why is this required if the micropiles are not pre -stressed anchors? Response: Two-stage grouting is not required. Proof testing can be done after the annular spacing in the cased portion is grouted. d. Question: Drawing sheet 28 The micropile detail calls for a 4 " OD permanent casing imbedded 1 foot into the bedrock and a 4.5 " nominal diameter hole below the casing. 4 " OD casing will fall to the bottom of the hole if the hole is drilled to 4.-5,, diameter below the casing. Please reconsider the size of the casing and hole size to account for this. Response: The Contractor can propose a different casing size to accommodate their installation method. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 3 of 9 - Addendum #3 ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EAGLE COUNTY EVA WILSON County Engineer e. Question: Revision of Section 503 — Micropiles The #10 bar is to be epoxy coated. Are the nuts and plates for the micropiles to be epoxy coated? What is the color of the concrete for the wall and footer above the micropiles? I could not find the color in the specifications or drawings. Response: Nuts and plates are not required to be epoxy coated. Concrete shall be standard CDOT Class D. Colored concrete or structural concrete coating is not required. f. Question: Will RCP be allowed instead of the plastic pipe? Response: RCP will be allowed as an alternate bid to the plastic pipe. Contractor to declare RCP as an alternate on the Bid Schedule and write in price on existing Bid Schedule line items for the same size plastic pipe. 8. The following questions were received by email on April 3, 2015: a. Question: Division 200 Notes; #14, Do Class 6 quantities include shoulders? Response: Yes b. Question: Is topsoil to be onsite remove/replace or is imported topsoil necessary? Response: Topsoil shall be generated onsite where available, any deficit shall be imported. C. Question: Would soil conditioning to topsoil be incidental to that item? Response: Soil Conditioning is not required for this project. d. Question: If rock excavation is required for culvert installation, will it be Paid as rock excavation or is it incidental to the culvert install? Response: It will be incidental to the culvert installation. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 4 of 9 - Addendum #3 ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us EAGLE COUNTY e. Question: Is Builder's Risk Insurance a requirement? EVA WILSON County Engineer Response: Builder's Risk Insurance is not required on this project. Delete Section 5.6 Builder's Risk Insurance of the General Conditions to Construction Agreement on "Page 81 of 415" and "Page 31 of 53 — Addendum #1" 9. Sheet 5, General Notes (2), Note 7 under Division 400 Pavement, on "Page 380 of 415" shall be revised to read: THE FOLLOWING SHALL BE FURNISHED WITH EACH BITUMINOUS PAVER: A SKI TYPE DEVICE IS NOT REQUIRED SHORT SKI OR SHOE 500 FEET OF CONTROL LINE AND STAKES 10. Sheet 6, Summary of Approximate Quantities, on "Page 381 of 415" shall have the following lines added to be consistent with the Revised Bid Form: CONTRACT ITJjjITEM NO.UNIT UNIT QUANTITY COST EXTENDED 240-00000OGIST HOUR 12 630-00012ROL DAY 15 END OF ADDENDUM #3 Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Page 5 of 9 - Addendum #3 far COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST ale of �. Project Name and Number Project Code Proposal Date Contractor Region 51.40 O801 t opt a- f SZ(p 5 1/0/15- 15- cau cert c cy, n Subcontracto upplleraNendors: The bidder must list all firms seeking to participate on the contract. This information is used by the Colorado Department of Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form may result in the proposal being rejected. Firm Name Email Work Proposed DBE (Select all that apply) (Y/N) Selected (YIN) bi ivc & Pr ? Ajar- wn l • Cart r L'or^c-e_4e.- M ire -Conn S Yl r, n +1tna b r, rosin(✓• eoyn aY in Lc,iC, ne-, Ifn +e-;0—gC_i>-eovy► 30 i1 Cass ion. e MI -C 600kei suwve, COW,)- svo a� e Ws- �� co►� 02- c 01 d ,4�re&A-S4-- m - meld CIA (_- A7MiasYIu►cr, o,is .c opq I , f S ✓l IZ K r "n LLQ 13 (n ega r%. Per hone q&4er•cow+ a 10n �S 0 OhZ�tS R•rdYt2� CDi'+'1 r E i ��tSl:et,0 r CirGt�i'►+�d/t- LG�'t Z o ��1 (,tC Dontz C_ dods�n erg on AP v,'%&4 - +passe a, ,cam Ue fig, cam+-, t i CC I E J� ,r"d ri vGr GC. t 5 e i n Cor orA- .C*I QAVeW l&,gsn r. con- �- lnyer S� -�i rc an go t .6k 1 m i `GI'1 ir\Q . t A-�'QelY1M^CrvlPn ;b<er�n • c'D►�►') ZZ //} NS , ; eS me, rron em -mcs; • eow, y e COn r s• C l Sl1h 5o crt 2 er C3ob6C� `s5 —7n�eo" ZZ gnv�ronl�t�rt Jaso., to sm v1el��d • Corn 50 uaA-,r W n orlambere_winwa rlvo"&-c l P R' pq d'K6-roxVC;tr-_ • ea -n i S A -e+ .a 54e w pdk vt z4r @ rY15n - eow-\ 1-1 r S CTUT Cans _C '(-1 nt!, i•(r�Crnsiruehca� p�Aot CA►,� I certify`that the information provided herein is true and a b4st of my knowledge. 5 NameV C puQ Signature/Ini s Title C'i_O Date Work Proposed Categories: 11. Structural Steel and Steel Reinforcement 21. Clearing, Demolition, Excavation and 1. Materials and Supplies 12. Riprap and Anchored Retaining Walls Earthwork 2 Flagging and Traffic Control 13. Landscape and Erasion Control 22. Engineering and Surveying Services 3. Trucking and Hauling 14. Bridge and Bridge Deck Construction 23. Public Relations and Involvement 4. Precast Concrete, Foundations, and 15_ Asphalt Paving 24. Piles and Deep Foundations Footings 16. Road and Parking Lot Marking 25. Waste Management and Recycling 5. Concrete Paving, Flatwork and Repair 17 Chip Sea/, Crack Seal,. Joint Seal and 26. Site Clean Up 6. Lighting and Electrical Crack Fill 27 Mechenical and HVAC 7 Signs Signal Installaliort and Guardrail 18, Bridge Painting and Coating 28. Tunnel Construction 8. Fencing 19. Stairway and Ornamental Metal 29. Profiling and Grinding 9. Buildings and Vertical Structures 20. Parking Lots and Commercial Sidewalks 30. Environmental Health and Safety 10. Utility. Water and Sewer tines This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot hc_dbeforrns@state.co.us. CDOT Form #1413 01114 ADO DEPARTMENT OF TRANSPORTATION DERS LIST P� Z of Z F roject Name and Number Projed Cade Proposal pate " Contractor Region , 0r'io 5440$ i�A- llbzLvt' �! 1a l5— Q c lS CLf1O� nC to re/SuppitersNendors: The bidder must list a# Rm,s seeking to participate on the contract. This inkmnation is use by the oiorado Department of Transportation (CDOT) to determine overall goals for the Disadvanttoged Business Enterprise Program. Fall me to; WM* this farm may result in the proposal being rejected. Firm Name Work Proposed ODE Selected Email (SOW all that ) (YIN) (YtN) '1772 Larium 1VDL' R1 -Acn .cam., -t Z W K b 'erre 41,c w lA-C-0 certify that the Information provided herein is nd cjEZ o my knowledge. Nelms k G t chi t trellnitiala re ri C e:0 tfb tofu Work Proposed Categories: 11. Structural Steel and Steel Reinforcement 21. Cleadniq Demoll6ort Excavation and 1. Materials and Supplies f2.RiprapandAnchoredRetaining Walls, Earthwork 2 Flagging and Traffic Control 13. Landscape and Erosion Control 22 Engineering and Surveying Services 3. Trucking and Hauling 14. Bridge and Bridge DeckConstnrction 23. Public Relations and Involvement 4. Precast Concrete, Foundations, and 15. Asphalt Paving 24. Piles and Deep Foundations Footings 16. Road and Parldng Lot Marking 25 Waste Management and Recycling 5. Concrete Paving Flatwork and Repair 17. Chip Seal. Crack Seal, Joint Seal and 26. Site Clean Up 6. Lighting and Electrical CrackFiil 2T. Mechanical and HVAC 7. Signs, Signal installation, and Guardrail 18 Bridge Painting and Coating 28. Tunnel Construction 8. Fencing 19 Stairway and Ornamental Metal 29. Profiling and Grinding 9. Buildings and Vertical Structures 20. Parking Lots and Commercial Sidewalks 30. Environmental Heallh and Safety 10. Utility Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOT projects, submit to cdothq_dbeformsQstate.co.us. tate.co.us. CDOT Form #1413 01/14 COLORADO DEPARTMENT OF TRANSPORTATION' ANTICIPATED DBE PARTICIPATION PLAN Wdd sato -0.7 Coni - W1 ft -rt cCi Code: te,z-toy Pane: A c�9�s as i Dole'ef w ,o 7 I1'! ,i1 _• C&A cer*sd Goal: Prefierred Contact Method: DBE Firm Name Work to Be ftdmned Commitment Amount Eigibte S-ew n.-4- COnO-Ve-4C i7gdainin l 11, UA(1e,1 317(1 370 ' /600'3 C.y'lA t CCn4MA-01 Inc- es-'qLt/4 I 0 TotallEfigibleParkodkm t,/ Total Bid Amount c)3;1 to O TdaiParticipationP L t3idc�r Sigilr A This section must be signed by an individual with the authority to bind the Bidder. By sipg this fom% as an awed representative of the Bidder. you declare under penalty of perjury In the second degree and any other appicabie stats or %dent taws that the statements made in We document are true and complete to the best your knovMedge. Further, you ataet OW you have read the Standard Special Provision Disadvantaged Business Enterprise Reqs and understand the *Aov&V. CDOT shall not award a conbaca urd It has been determined that the contract god has been met or the you have o0orwise demonstrated good cause. Once your proposal has been submitted, c onv7 trnents may riot be mooed or Ilarminalled without the approval of CDOT. If seWled as the lowest apparent bidder, you shy submit a Form 1415 for each comm#ment Noted above. N you have not met the conbact goal, you will allso be required to submit d4cumerdeflon of all good faith eft to mast the contact Scal. It Is your responsi# Ity to ensure that the selleded DBEs are certified for the warts to be performed and that their erigibie pargoipation , has been properly couched. For additional in wmation and Instructions on pardcspathon, No the Glaridard,Special ` Provision Disadvautl4ed Business EMerprise ReW rernents. Name MAIrkG Tilet5 �fC. pate Y j ...1 ...u0L C auu,mueu oy uie proposal aeaaune. t -or cuuT projects, submit to cdot:—hq_d6eforms@state.io.us. Civil Rights and Business Resource Center CDOT Form # 1414 01114 V-olorado Unified Certification Program Vendor Information Vendor Information https://coucp.dbesystem.com/FrontEnd/VendorSearchPublicDetail.as... Business Name Stewart Concrete Construction, LLC Owner Mr. Randy Stewart Address 453-31 Road > .Man Thos Add= Grand Junction, CO 81504 Phone 970-250-7759 Fax 970-434-0857 Email stewartconcretet_msn corn Ethnicity Black Gender Male Certification Information Certifying Agency Colorado Department of Transportation Certification Type DBE - Disadvantaged Business Enterprise Certified Business construction Description Work Codes CO UCP NAICS Footing and foundation concrete contractors 238110 CO UCP NAICS Precast concrete panel, slab, or form installation 238120 CO UCP NAICS Demolition contractor 238910 CO UCP NAICS Sidewalk construction, residential and commercial 238990 Customer Support Copyright ® 2015 UGnow. At rights reserved. c"0sE V;NDC,V�' 1 of 1 4/10/2015 12:29 PM Colorado Unified Certification Program Vendor information Vendor Information Business Name Cruz Construction, Inc. Owner Mr. Joe Cruz Address 4850 Geiger Blvd. > Man.This Address Colorado Springs, CO 80915 Phone 719-5596-9226 Fax 719-596-9324 Email crzconstruction@aol.com Ethnicity Hispanic Gender Male Certification Information https:Hcoucp.dbesystem. con/FrontEnd/VendorSearchPublicDetail. as... CI_d5E 4'JIAJDOL'r' ,X Certifying Agency Colorado Department of Transportation Certification Type DBE - Disadvantaged Business Enterprise Certified Business Road paving, commercial and residential concrete flatwork, Description fencing and guardrail construction Work Codes CO UCP NAICS Concrete paving (i.e., highway, road, street, public sidewalk) 237310 CO UCP NAICS Guardrail construction 237310 CO UCP NAICS Other Heavy and Civil Engineering Construction 237990 CO UCP NAICS Fencing contractors (except electronic containment fencing for pets) 238990 CO UCP NAICS Sidewalk construction, residential and commercial 238990 custgmer Suomi Copyright V 2015 1212Gnow. AB rights reserved. 1 of 1 4/10/2015 12:29 PM Exhihit C: FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(4); the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; the Local Agency/Contractor shall comply with section 18.37 concerning any sub -Agreements; to expedite any CDOT approval, the Local Agency/Contractors attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 sub -Agreement procedures, as applicable; the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (AII construction contracts awarded in excess of $10,000 by the Local Agencys and their contractors or sub -the Local Agencys. C. Copeland "Anti -Kickback" Act The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub -Agreements for construction or repair). D. Davis -Bacon Act The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencys and sub -the Local Agencys when required by Federal Agreement program legislation. This act requires that all laborers and mechanics employed by contractors or sub -contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the Local Agencys and sub -the Local Agencys in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Clear Air Act Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub -Agreements of amounts in excess of $100,000). G. Energy Policy and Conservation Act Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163)- H. OMB Circulars Page 1 of 3 Office of Management and Budget Circulars A-87, A-21 or. A-122, and A-102 or A-110, whichever is applicable. I. Hatch Act The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs. J. Nondiscrimination 42 USC 6101 et sea. 42 USC 2000d, 29 USC 79.4, and implementing regulation, 45 C.F.R. Part 80 et. seg. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds. K. ADA The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611. L. Uniform Relocation Assistance and Real Property Acquisition Policies Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of the Agreement). M. Drug -Free Workplace Act The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seg. . N. Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et_ sea. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. 0.23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts". Q. 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. S. Nondiscrimination Provisions: S. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: i. Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical Page 2 of 3 handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. Solicitations for Subcontracts, including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or -the FHWA as appropriate and shall set forth what efforts have been made to obtain' the information. Sanctions for Noncompliance. in the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. T. Incorporation of Provisionsg22 The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. Page 3of3 EXHIBIT D TO AGREEMENT GENERAL CONDITIONS TO CONSTRUCTION AGREEMENT FOR CEDAR DRIVE ROAD IMPROVEMENTS PROJECT ARTICLE 1— DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the Bid Package or the Contract Documents. AGREEMENT: The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. APPLICATION FOR PAYMENT: The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment, and which is to include such supporting documentation as is required by the Contract Documents. BID: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. BONDS: Bid, performance, labor, materials and payment bonds, and other instruments of security. CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. All change orders shall be approved by the State of Colorado prior to execution by County and are subject to funds being budgeted an appropriated by the OWNER. CONTRACT DOCUMENTS: Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE: The monies payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. CONTRACT TIME: The number of days computed as provided in these General Conditions, or the date stated in the Agreement for the completion of the Work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the Agreement. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word "Work," refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment or prior to the expiration of any applicable statute of limitations. DRAWINGS: Graphic and pictoral portions of the Contract Documents which show the character and scope of the Work to be performed including design, location and dimension of the Work including plans, elevations, sections, details, schedules and diagrams, and which have been prepared or approved by ENGINEER, and are referred to in the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT: The date indicated in the Agreement on which it becomes effective, but, if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER: The person, firm or corporation to be identified by OWNER. The ENIGINEER may be a department employee of OWNER who may perform all or some of the duties of ENGINEER, but in such case shall exercise his duties in conformance with the standards applicable to independent professional engineers. FIELD ORDER: A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. MODIFICATION: (a) A written amendment of the Contract Documents signed by both parties, or (b) a change order. The Contract Documents may only be amended by a modification. A modification may only be issued after the effective date of the Agreement. The Contract Documents only create a contractual relationship between OWNER and CONTRACTOR. NOTICE OF AWARD: The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified by OWNER, will sign and deliver the Agreement. NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run, and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. OWNER: The public body or authority, corporation, association, partnership, or individual with whom CONTRACTOR has entered into the Agreement, and for whom the Work is to be provided. PROJECT: The Cedar Drive Road Improvement Project. The total construction of which the Work to be provided under the Contract Documents may be the whole or a part, as indicated elsewhere in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of ENGINEER as approved by OWNER who is assigned to the site or any part thereof. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR, a subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION: Substantial Completion shall occur as set forth in the Contract Documents including the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011) and Project Special Provisions. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing and incorporating materials and equipment into all construction, all as required by the Contract Documents or as may be reasonably inferable therefrom and includes all labor, materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill CONTRACTOR'S obligations. ARTICLE 2 — PRELIMINARY MATTERS DELIVERY OF BONDS: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. COPIES OF DOCUMENTS: 2.2 OWNER shall furnish to CONTRACTOR up to ten (10) copies (unless otherwise specified herein) of the Contract Documents as are reasonable necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction without markup thereon. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 2.3 The Contract Time will commence upon issuance of a Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER and OWNER any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in the Contract Documents) CONTRACTOR shall submit to ENGINEER and OWNER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawings submissions, and a preliminary schedule of values of the Work. 2.7 When Contractor delivers the executed Agreement to Owner, CONTRACTOR shall also deliver to OWNER, with a copy to ENGINEER, certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5 hereof. PRE -CONSTRUCTION CONFERENCE: 2.8 Within twenty days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish procedures for handling shop drawings and other submittals, and for processing applications for payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to ENGINEER and OWNER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 The Contract documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the Specifications and Drawings to describe a complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well- known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with such meaning. References to codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening of bids (or on the effective date of the agreement if there were no bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3. 3.5 The Contract Documents will be governed by the law of the place of the Project. REUSE OF DOCUMENTS: 3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the drawings, specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project, or any other project, without written consent of OWNER and ENGINEER, and specific written verification or adaptation by ENGINEER. ARTICLE 4 — AVAILABILITY OF LANDS; PHYSICAL CONDITIONS• REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures, or permanent changes in existing facilities, will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. PHYSICAL CONDITIONS: 4.2 Reference is made to the supplementary conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which have been relied upon by ENGINEER in the preparation of the Drawings and Specifications. Such reports are not part of the Contract Documents. 4.3 Intentionally Omitted. 4.4 Differing Site Conditions. During progress of the Work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract Documents or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract Documents, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected Work is performed. Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any Work under the Contract Documents, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. No Contract adjustment will be allowed under this clause for any effects caused on unchanged Work. 4.5 Suspension of Work ordered by ENGINEER. If the performance of all or any portion of the Work is suspended or delayed by the ENGINEER in writing for any unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the CONTRACTOR believes that additional compensation and/or Contract Time is due as a result of such suspension or delay, the CONTRACTOR shall submit to the ENGINEER in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume Work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the ENGINEER will evaluate the CONTRACTOR'S request. If the ENGINEER agrees that the cost and/or time for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make an adjustment (excluding profit) and modify the Agreement in writing accordingly. The CONTRACTOR will be notified of ENGINEER's determination whether or not an adjustment of the Agreement is warranted. No Contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this Contract. 4.6 Significant changes in the character of the Work. The ENGINEER reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the CONTRACTOR agrees to perform the Work as altered. If the alterations or changes in quantities significantly change the character of the Work under the Contract Documents, whether such alterations or changes are in themselves significant changes to the character of the Work or by affecting other Work, cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the Agreement. The basis for the adjustment shall be agreed upon in writing prior to the performance of the Work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the CONTRACTOR in such amount as the ENGINEER may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the Work to be performed under the Contract Documents, the altered Work will be paid for as provided elsewhere in the Agreement. The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of Work, is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract item, quantity, or in case of a decrease below 75 percent, to the actual amount of Work performed. (C) A major item of Work is any item having an original contract value in excess of 10 % of the original contract amount. REFERENCE POINTS: 4.7 CONTRACTOR shall provide surveying as required for the Project. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified herein), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER and OWNER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professional qualified personnel. ARTICLE 5 — BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS: 5.1 CONTRACTOR shall furnish performance, labor and material, and payment bonds, each in an amount at least equal to 100% of the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These bonds shall remain in effect until after the date of final payment and all obligations of CONTRACTOR have been fulfilled. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. The bonds shall be conditioned upon the faithful performance of the Contract Documents, and, in addition, shall provide that, if the CONTRACTOR or his or her subcontractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his or her subcontractors in the performance of the Work contracted to be done or fails to pay any person who supplies laborers, rental machinery, tools, or equipment, all amounts due as the result of the use of such laborers, machinery, tools or equipment in the prosecution of the Work, the surety will pay the same in an amount not exceeding the sum specified in the bond together with interest at the rate of eight percent per annum. Further, bonds shall be conditioned such that CONTRACTOR shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing such person or such person's subcontractors with labor, laborers, materials, rental machinery, tools, or equipment used or performed in the prosecution of the Work and CONTRACTOR shall indemnify and save County harmless to the extent of any payments in connection with the carrying out the Contract which County may be required to make under the law. Subcontractors, material men, mechanics, suppliers of rental equipment, and others may have a right of action for amounts lawfully due them from the Contractor or subcontractor directly against the principal and surety of such bond. 5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5. 1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. INSURANCE: 5.3 CONTRACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Agreement, whether such operations be by himself, or by any Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work. 5.3.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts; 5.3.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; 5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Workmen's Compensation insurance shall provide coverage as required by the laws of the State of Colorado. Insurance covering claims for damages to persons or property required by the preceding paragraph (except subparagraph 5.3. 1) shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Products and completed operations aggregate $2,000,000 Employers Liability, including $500,000 Occupational Disease Any one fire $50,000 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, CONTRACTOR shall immediately obtain additional insurance to restore the full aggregate limit and furnish to OWNER a certificate or other document satisfactory to OWNER showing compliance with this provision. Said insurance shall be furnished in types specified as follows: 5.3.5 CONTRACTOR'S Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations, fire damage, independent contractors, products and completed operations, blanket liability, personal injury, and advertising liability. 5.3.6 CONTRACTOR'S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. 5.3.8 Comprehensive Automobile Insurance covering any auto (including owned, hired and non -owned autos) shall be carried with a minimum limit of $1,000,000.00 each accident combined single limit. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 Employer's Liability Insurance covering all of CONTRACTOR's and any Subcontractor's employees acting within the course and scope of their employment. 5.3. 10 The CONTRACTOR shall in addition, and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Agreement by the CONTRACTOR or his Subcontractors, including omissions and supervisory acts by the OWNER. 5.3.11 Professional liability and such other insurance as maybe required by Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011). 5.4 Intentionally Omitted. 5.5 Subcontractor's Insurance: Before permitting any of his Subcontractors to perform any Work under this Agreement, CONTRACTOR shall either (a) require each of his Subcontractors to procure and maintain during the life of his Subcontracts insurance consistent with the requirements of paragraph 5.3 and its subparts above, or (b) insure the activities of his Subcontractors in his own policy. 5.6 Builder's Risk Insurance: Insofar as the Work to be performed under this Agreement consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain, for the duration of the Work of this Project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the Contract Price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this Agreement which is considered not to exceed one hundred percent (100%) of the amount of this Agreement and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their Subcontractors who are obliged by contract with the OWNER to do Work on the Projects. Such insurance shall be placed jointly in the names of the OWNER, State of Colorado - Department of Transportation, CONTRACTOR, and any and all Subcontractors, and any and all others obliged by contract with the OWNER to do Work on this Project and at the OWNER'S option, any other person or persons whom the OWNER deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any Work. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. 5.7 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the Work. These Certificates shall contain provisions naming the OWNER and the State of Colorado Department of Transportation as an additional insured under CONTRACTOR'S insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least forty-five (45) days prior written notice has been given the OWNER and the State of Colorado via certified mail. No later than fifteen (15) days prior to the expiration date of any such coverage, CONTRACTOR and any Subcontractor shall deliver to OWNER certificates of insurance evidencing renewals thereof. In addition, upon request by the State of Colorado at any other time during the term of the Agreement, CONTRACTOR and any Subcontractor shall, within ten (10) days of such request, supply to the State of Colorado and Owner evidence satisfactory to the State of compliance with Section 5.3 and its subparts. CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER'S rights hereunder. 5.8 Owner's Liability Insurance: The OWNER, at his option, may but shall not be required to purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this Agreement. Purchasing and maintaining such insurance, however, will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use of Insurance: The OWNER, at his option, may but shall not be required to, purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. 5.10 Coverage required of CONTRACTOR and any of its subcontractors shall be primary over any insurance or self-insurance program carried by OWNER or the State of Colorado. 5.11 All insurance policies in any way related to this Agreement and secured and maintained by CONTRACTOR as required in this Article 5 shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against OWNER or the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. 5.12 OWNER and the State of Colorado -Department of Transportation shall be named as additional insured on the Commercial General Liability (construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037 or equivalent) and Automobile Liability Insurance policies. 5.13 Contractor shall insert a clause containing the terms of Article 5 and all its subparts in all contracts or sub -contracts, and all Subcontractors shall purchase and maintain the insurance on the terms and conditions as set forth herein. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. OWNER may demand removal of any of CONTRACTOR's employees, agents or sub -contractors whom the OWNER deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed contrary to the public interest or not in the OWNER's best interest. 6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work performed, notable events and incidents, weather conditions, Subcontractor's performance, any deficiencies (and the corrective actions taken), delays, and other information that OWNER may reasonably request. 6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date, time and place established by OWNER, and to deliver all attending parties current reports on the following items: progress payment requests; requests for information -current log; change requests- current log; submittals- current log; change orders- current list; claims- pending claims, notices of claims and any plans to file claims, if applicable, project progress report, job problems and quality control review and other information OWNER may reasonably request. LABOR, MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work, and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the supplementary conditions, if any, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER'S written consent given after prior written notice to ENGINEER. 6.4 Intentionally Omitted. 6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of Work. 6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by OWNER or ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of any required tests) as to the kind and quality of materials and equipment. 6.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. 6.8 CONTRACTOR shall replace supervision personnel as -needed based upon OWNER's assessment that the Project is not adequately staffed or the Work is not progressing adequately. 6.9 CONTRACTOR shall at all times maintain a full-time management and supervisory staff of competent persons at the Project site to coordinate and provide general direction of the Work and progress of subcontractors on the Project. 6.10 CONTRACTOR agrees that only competent and skilled workmen who satisfactorily perform their duties shall be employed on the Project and CONTRACTOR shall ensure that there are an adequate and competent supply of skilled workmen and materials as necessary to carry out the Work on a continuous basis. EQUIVALENT MATERIALS AND EQUIPMENT: 6.11 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a proprietary item, or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by ENGINEER and OWNER if sufficient information is submitted by CONTRACTOR to ENGINEER and OWNER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER and OWNER will be as set forth in paragraphs 6.11.1 and 6.11.2 below. 6.11.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER or OWNER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER and OWNER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject of payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER and OWNER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. ENGINEER and OWNER will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGINEER'S and OWNER's prior written acceptance. OWNER may notify CONTRACTOR and ENGINEER in writing that CONTRACTOR is authorized to work with ENGINEER on substitutions as set forth here and shall only be required to seek OWNERS approval under 6.11 when the requested substitute is significant and material to the Project. OWNER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, a special performance guarantee or other surety with respect to any substitute. 6.11.2 ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby, whether or not ENGINEER or OWNER accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.12 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award, and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award, will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective work. If OWNER or ENGINEER, after due investigation, has reasonable objection to any Subcontractor, or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substitute, and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate change order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom CONTRACTOR has reasonable objection. 6.13 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create a contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any Subcontractor, or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.14 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the Work among Subcontractors, or delineating the Work to be performed by any specific trade. 6.15 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. Notwithstanding anything herein to the contrary, CONTRACTOR shall certify that each subcontract will be in the form of a written agreement containing all the requirements and applicable provisions of this Agreement or alternatively all subcontracts shall be subject to review and approval by OWNER. PATENT FEES AND ROYALTIES: 6.16 CONTRACTOR shall pay all license fees and royalties, and assume all costs incident to the use in the performance of the Work, or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work, and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorney's fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work, or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. PERMITS: 6.17 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of bids. CONTRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. LAWS AND REGULATIONS: 6.18 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the specifications or drawings are at variance therewith, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification approved by OWNER. If CONTRACTOR performs any Work knowing, or having reason to know, that it is contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER and OWNER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the specifications and drawings are in accordance with such laws, ordinances, rules, and regulations. TAXES: 6.19 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place of the Project. USE OF PREMISES: 6.20 CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.21 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.22 Except as set forth in paragraph 10.15 of the Agreement, CONTRACTOR shall not load, nor permit any part of any structure to be loaded, in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.23 CONTRACTOR shall be responsible for removing all water and or mud interfering with the Work. 6.24 Except as set forth in paragraph 10.15 of the Agreement, CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business operations of any adjacent businesses and recreation areas. 6.25 Except as set forth in paragraph 10.15 of the Agreement, CONTRACTOR shall protect and prevent damage or disturbance to any trees or other vegetation as shown in the Contract Documents. 6.26 CONTRACTOR will locate all underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any easements containing such facilities, including those that convey electricity, gasses, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems which shall collectively be known as the "Underground Facilities" prior to performing the Work. Unless it is otherwise expressly provided in the Contract Documents; 6.26.1 OWNER shall not be responsible for providing any information to CONTRACTOR regarding the Underground Facilities; and 6.26.2 The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. Locating all Underground Facilities b. Coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction; and the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work except for damage related to removal of the boulder which shall be addressed as set forth in paragraph 10.15 of the Agreement. RECORD DOCUMENTS: 6.27 CONTRACTOR shall keep one record copy of all specifications, drawings, addenda, modifications, shop drawings, and samples at the site in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER and OWNER for examination and shall be delivered to ENGINEER for OWNER upon completion of the Work. SAFETY AND PROTECTION: 6.28 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6.28.1 all employees and Subcontractors on the Work and other persons who may be affected thereby, 6.28.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.28.3 other property at the site, or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.28.2 or 6.28.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications, or to the acts or omissions of OWNER or ENGINEER). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR, in accordance with paragraph 14.13, that the Work is acceptable. 6.29 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent, unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES: 6.30 In emergencies affecting the safety or protection of persons, or the Work, or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER to OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER and OWNER prompt written notice of any significant changes in the Work, or deviations from the Contract Documents caused thereby. SHOP DRAWINGS AND SAMPLES: 6.31 See Section 105.02 of "Standard Specifications For Road and Bridge Construction", Colorado Department of Transportation, State of Colorado (2011). Notwithstanding anything to the contrary in Section 105.02, Owner and CDOT shall approve all Shop Drawings. CONTINUING THE WORK: 6.32 CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICATION: 6.33 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER and the State of Colorado and its Department of Transportation, and their officials, agents and employees, from and against all suits, claims or any type or character, damages, liabilities, losses, and expenses including, but not limited to, attorney's fees and costs arising out of, or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including the loss of use resulting therefrom or is caused, in whole or in part, by any act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act or other applicable law. CONTRACTOR shall also comply with all other indemnification requirements set forth in the Contract Documents. The parties agree that CONTRACTOR's duty to indemnify as set forth in paragraph 6.33 is not applicable to boulder removal unless damage related to the boulder removal is caused by CONTRACTOR's negligence as set forth in paragraph 10.15 of the Agreement. 6.34 In any and all claims against OWNER or ENGINEER, or any of their agents or employees, by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.33 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts. 6.35 The obligations of CONTRACTOR under paragraph 6.33 shall not extend to the liability of ENGINEER, his agents, or employees arising out of the ENGINEER'S preparation of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. ARTICLE 7 — WORK BY OTHERS 7.1 OWNER may perform additional Work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain general conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER, if OWNER is performing the additional work with OWNER'S employees) reasonable opportunity for the introduction and storage of materials and equipment, and the execution of work, and shall properly connect and coordinate his work with theirs. 7.2 If any part of CONTRACTOR'S Work depends, for proper execution or results, upon the work of any such other contractor or utility service company (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER and OWNER in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results. CONTRACTOR'S failure to so report shall constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S Work, except for latent or non -apparent defects and deficiencies in the other work. 7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and integrate with such other Work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work, and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.4 If the performance of additional work by other contractors or utility service companies or OWNER was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves additional expense to CONTRACTOR, or requires an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 OWNER and all of its employees and agents shall have the right to full access and use of the Project site. Such use shall not constitute acceptance of the Work or any part thereof, or waive any of OWNER'S rights or remedies under the Contract Documents. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S REPRESENTATIVE: 9.1 ENGINEER will be OWNER'S representative during the construction period as set forth in the Contract Documents. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents, and shall not be extended without written consent of OWNER and ENGINEER. Notwithstanding anything to the contrary herein, in all instances in the Contract Documents where ENGINEER has the authority to make decisions concerning quality of and acceptance of the Work performed by CONTRACTOR the ENGINEER shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further, in all instances in the Contract Documents where ENGINEER has the authority to make a decision that impacts the Project budget or Contract Price or payment to the CONTRACTOR, then Engineer shall first discuss the payment or costs with OWNER and obtain its approval prior to approving any payment, additive or deductive Work. Further, the State of Colorado shall approve all change orders under this Agreement. This paragraph is not intended as and shall not be a waiver of ENGINEER'S responsibility for oversight of the Work. VISITS TO SITE: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work, and will endeavor to guard OWNER against defects and deficiencies in the Work. CLARIFICATIONS AND INTERPRETATIONS: 9.3 ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore, as provided in Article 11 or Article 12. REJECTING DEFECTIVE WORK: 9.4 ENGINEER after conferring and receiving approval of OWNER will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as fabricated, installed, or completed. SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS: 9.5 In connection with ENGINEER'S responsibility for shop drawings and samples, see paragraphs 6.31. 9.6 In connection with ENGINEER'S responsibilities as to change orders see Articles 10, 11, and 12. 9.7 In connection with ENGINEER'S responsibilities in respect to applications for payment, etc., see Article 14. PROJECT REPRESENTATION: 9.8 ENGINEER may utilize Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Contract Documents. If OWNER designates another agent to represent him at the site who is not ENGINEER'S agent, the duties, responsibilities, and limitations of authority of such other person will be as provided the Contract Documents. DECISIONS ON DISAGREEMENTS: 9.9 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and after first conferring with OWNER will judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ENGINEER in writing with a request for a formal decision which ENGINEER will render in writing within a reasonable time after conferring with OWNER. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: 9.10 Neither ENGINEER'S authority to act under this Article 9, or elsewhere in the Contract Documents, nor any decision made by ENGINEER or OWNER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER or OWNER to CONTRACTOR, any Subcontractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees, or any other person performing any of the Work. 9.11 Whenever, in the Contract Documents, the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe requirement, direction, review, or judgment of ENGINEER as to the Work, it is intended that such requirement direction, review, or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGINEER shall have authority to supervise or direct performance of the Work, or authority to undertake responsibility contrary to the provisions of paragraphs 9.12 or 9.13. 9.12 ENGINEER and OWNER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER and OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.13 ENGINEER and OWNER will not be responsible for the acts or omissions of CONTRACTOR, or of any Subcontractor, or of the agents or employees of any CONTRACTOR or Subcontractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10 — CHANGES IN THE WORK 10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by change orders. Upon receipt of an executed change order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change order causes an increase or decrease in the Contract Price, or an extension or shortening of the Contract Time, an equitable adjustment may be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 ENGINEER, with approval of OWNER, may authorize minor changes in the Work, not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a field order, and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore, prior to performing the Work as provided in Article 11 or Article 12. 10.3 Additional Work performed without authorization of a change order will not entitle CONTRACTOR to an increase in the Contract Price, or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.30, and for uncovering work found not to be defective. 10.4 OWNER may execute appropriate change orders prepared by ENGINEER covering changes in the Work which are required by OWNER, or required because of differing site conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.10 or 11.11. 10.5 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any bond to be given to the surety, it will be CONTRACTOR'S responsibility to so notify the surety, and the amount of each applicable bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to OWNER. 10.6 Notwithstanding anything to the contrary herein, State shall approve all change orders prior to any change order becoming binding on OWNER or the Project. ARTICLE 11— CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a change order. Any claim for an increase in the Contract Price shall be by written notice delivered to OWNER and ENGINEER within five (5) days of the occurrence of the event giving rise to the claim. Any change in the Contract Price resulting from any such claim and approved by ENGINEER and OWNER shall be incorporated in a change order which shall be approved by the State prior to execution by OWNER. No Work performed by CONTRACTOR shall be the basis for additional compensation unless and until CONTRACTOR has obtained written authorization and acknowledgement by OWNER for such Work. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Work, and no claim that OWNER has been unjustly enriched by any additional services or Work, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by OWNER for such work is not timely executed and issued in strict accordance with this Agreement, CONTRACTOR's rights with respect to such work or services shall be deemed waived and such failure shall result in non-payment for such services or work performed. 11.3 No change orders or other form of order or directive which requires additional compensable Work to be performed may be issued or be effective unless accompanied by a written assurance to the CONTRACTOR that lawful appropriations to cover the costs of the additional Work have been made. 11.4 The value of any Work covered by a change order, or of any claim for an increase or decrease in the Contract Price, shall be determined as set forth in Article 4 hereof and in accordance with the State of Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011). 11.5 Intentionally Omitted. 11.6 Intentionally Omitted. 11.7 No Contractor's fee shall apply in the event of a change order. 11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs, if any. 11.9 Notwithstanding anything to the contrary herein, State shall approve all change orders prior to any change order becoming binding on OWNER or the Project. ADJUSTMENT OF UNIT QUANTITIES: 11.9 Whenever the cost of any Work is to be determined based upon unit price, CONTRACTOR will submit, in form acceptable to ENGINEER and OWNER, an itemized cost breakdown together with supporting data. 11.10 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate change order (additive or deductive) may be issued on recommendation of ENGINEER with written approval of OWNER and as set forth in the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011). In no event will the unit price bid by CONTRACTOR be modified, but the quantity of any item may be increased or decreased as set forth in the Contract Documents. Notwithstanding the foregoing, in no event will the change modify the not to exceed Contract Price or otherwise be modified without a change order approved in writing by OWNER and the State of Colorado. CASH ALLOWANCES: 11.11 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents, and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers, or distributors, and for such sums within the limit of the allowances as may be acceptable to ENGINEER and OWNER. Upon final payment, the Contract Price shall be adjusted as required, and an appropriate change order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12 — CHANGE OF THE CONTRACT TIME 12.1 The Contract Time may only be changed by a change order. Any claim for an extension in the Contract Time shall be by written notice delivered to OWNER and ENGINEER within five (5) 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 determined as set forth in the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011). 12.2 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by any cause whatsoever, including acts of OWNER. 12.3 Notwithstanding anything to the contrary herein, State shall approve all change orders prior to any change order becoming binding on OWNER or the Project. ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work and materials will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. ACCESS TO WORK: 13.2 OWNER, ENGINEER, ENGINEER'S representatives, other representatives of OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 13.3 CONTRACTOR shall give ENGINEER and OWNER timely notice of readiness of work for all required inspections, tests or approvals. 13.4 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith, and furnish ENGINEER and OWNER the required certificates of inspection, testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the Work. The cost of all other inspections, tests, and approvals required by the Contract Documents shall be paid by CONTRACTOR. 13.5 Any inspections, tests, or approvals, other than those required by law, ordinance, rule, regulation, code, or order of any public body having jurisdiction, shall be performed by organizations acceptable to OWNER and ENGINEER if so specified. 13.6 If any Work that is to be inspected, tested, or approved is covered without written concurrence of ENGINEER and OWNER, it must, if requested by ENGINEER or OWNER, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR has given ENGINEER and OWNER timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER and OWNER has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ENGINEER or OWNER nor inspections, tests, or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents. 13.7.1 OWNER and State reserve the right to inspect the Work at all reasonable times and places during the term of the Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the OWNER may require the CONTRACTOR promptly to bring the Work into conformity with Contract Documents, at the CONTRACTOR's sole expense. If the Work cannot be brought into conformance by re -performance or other corrective measures, the OWNER may require CONTRACTOR to take necessary action to ensure that future performance conforms to the Contract Documents and may exercise remedies available under this Agreement, at law or in equity in lieu of or in conjunction with such corrective measures. UNCOVERING WORK: 13.8 If any Work is covered contrary to the written request of ENGINEER or OWNER, it must, if requested by ENGINEER or OWNER, be uncovered for ENGINEER or OWNER's observation and replaced at CONTRACTOR'S expense. 13.9 If ENGINEER or OWNER considers it necessary or advisable that covered Work be observed by ENGINEER or OWNER, or inspected or tested by others, CONTRACTOR, at ENGINEER or OWNER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER or OWNER may require, that portion of the Work in question, furnish all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction. OWNER MAY STOP THE WORK: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. 13.10.1 OWNER, alone or after notice from the State, may provide notice to CONTRACTOR and suspend Work wholly or in part due to failure of CONTRACTOR to correct conditions which are unsafe to workers, conditions which are unsuitable for prosecution of the Work or for such periods as are necessary to protect the public interest. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11 If required by ENGINEER or OWNER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER or OWNER, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER or OWNER, remove it from the site and replace it with non -defective Work in a manner acceptable to the ENGINEER and OWNER. MATERIALS: 13.12 Materials to be used or incorporated in the Project shall be new and of good quality. All warranties for materials furnished by any manufacturer or supplier are for the benefit of OWNER. ACCEPTANCE OF DEFECTIVE WORK: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER'S recommendation of final payment,) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER'S recommendation of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. OWNER MAY CORRECT DEFECTIVE WORK: 13.14 If CONTRACTOR fails, within a reasonable time after written notice of ENGINEER or OWNER, to proceed to correct defective Work, or to remove and replace rejected Work as required by ENGINEER or OWNER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall (except as otherwise specified in the general requirements) submit to ENGINEER and OWNER a progress schedule, a final schedule of shop drawing submissions, and, where applicable, a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER and OWNER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by ENGINEER and OWNER, it shall be incorporated into a form of application for payment acceptable to ENGINEER and OWNER. APPLICATION FOR PROGRESS PAYMENT: 14.2 At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER and OWNER for review 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 is required by the Contract Documents, and also as ENGINEER or OWNER 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 OWNER, as will establish OWNER'S title to the material and equipment, and protect OWNER'S interest therein, including applicable insurance. In addition, the material and equipment shall conform to the requirements of the Contract Documents and the quantity of such stored material shall not exceed the total estimated quantity required to complete the Project. Further, the value of such stored material shall not exceed the appropriate portion of the value of the contract item or items in which such materials are to be incorporated. 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 retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR'S WARRANTY OF TITLE: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any application for payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests, and encumbrances (hereafter in these General Conditions referred to as "Liens"). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4 ENGINEER will after conferring with OWNER, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within twenty days of presentation to him of the application for payment with ENGINEER'S recommendation, pay CONTRACTOR the amount recommended. 14.5 ENGINEER'S recommendation of any payment requested in an application for payment will constitute a representation by ENGINEER to OWNER that, based on ENGINEER'S on-site observations of the Work in progress as an experienced and qualified design professional, and on ENGINEER'S review of the application for payment, and the accompanying data and schedules, the Work has progressed to the point indicated; that, to the best of ENGINEER'S knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, and to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation); and, that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of Work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed, or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any Liens. 14.6 ENGINEER'S recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole, or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence, or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 written claims have been made against OWNER, or Liens have been filed in connection with the Work, 14.7.3 the Contract Price has been reduced because of modifications, 14.7.4 OWNER has been required to correct defective Work, or complete the Work in accordance with paragraph 13.14, 14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor, materials, or equipment. ACCEPTANCE AND PARTIAL UTILIZATION: 14.8 Substantial Completion shall occur as set forth in the Contract Documents including the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011) and Project Special Provisions. 14.9 Acceptance and Partial Utilization of the Work shall occur as set forth in the Contract Documents including the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (2011) and Project Special Provisions. 14.10 Intentionally Omitted. 14. 10. 1 Intentionally Omitted. 14.10.2 Intentionally Omitted. 14.10.3 No occupancy of part of the Work, or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. FINAL INSPECTION: 14.11 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspection with OWNER and 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. FINAL APPLICATION FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and OWNER, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents, and other documents, all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.14), 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 ENGINEER may reasonably require. Payment shall be processed in accordance with C.R.S. 24-91-103 and C.R.S. 38-26-107. Notwithstanding the foregoing, CONTRACTOR will provide complete and legally effective lien releases or waivers satisfactory to OWNER. In lieu thereof, and as approved by OWNER, 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 lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final 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 OWNER to indemnify OWNER. 14.12.1 Before OWNER may advertise for final payment, CONTRACTOR shall deliver to OWNER for review: i. A letter confirming that sales tax from the OWNER is exempt have not been paid; ii. One (1) complete bound set of required operations and maintenance manuals and instructions, if any; One (1) set of stamped by a PE or PLS as -built drawings in an electronic format acceptable to OWNER; iv. To the extent not already furnished, one copy of all corrected Shop Drawings; V. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; vi. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, manufacturer and dealer for all labor, equipment and material used of furnished by each on the Work; viii. Any other documents required to be furnished by the Contract Documents. Upon completion of the foregoing, CONTRACTOR'S settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after CONTRACTOR has submitted a written notice that no claims have been filed, final payment and settlement shall be made in full. FINAL PAYMENT AND ACCEPTANCE: 14.13 If, after conferring with OWNER and on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final application for payment and accompanying documentation, all as required by Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ENGINEER will, within ten days after receipt of the final application for payment, indicate in writing his recommendation of payment, and present the application to OWNER for payment. Thereupon, ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER 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, OWNER shall, after receipt thereof, pay CONTRACTOR in accordance with payment procedures set forth in the Agreement, the amount recommended by ENGINEER. CONTRACTOR'S CONTINUING OBLIGATION: 14.14 CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of substantial completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER, nor any failure to do so, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER 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. WAIVER OF CLAIMS: 14.15 The making and acceptance of final payment shall constitute: 14.15.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; further, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR'S continuing obligations under the Contract Documents; and 14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.1 OWNER may, at any time and without cause, suspend the Work, or any portion thereof, for a period of not more than ninety days, by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to any suspension, if he makes a claim therefor as provided in Articles 11 and 12. Work may further be suspended, wholly or in part, due to the failure of the CONTRACTOR to correct conditions which are unsafe for workers or for such periods as OWNER may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by OWNER to be in the public interest. 15.2 Default and/or termination of the Contract shall be as set forth in Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011. 15.3 Where CONTRACTOR'S services have been terminated by OWNER, the termination shall not affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 To the extent specified in any termination notice, CONTRACTOR shall not incur further obligations or render further performance hereunder past the effective date of such notice and shall terminate outstanding orders and sub -contracts with third parties. However, the CONTRACTOR shall complete and deliver to OWNER, all Work not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement's terms. Contractor shall insert a clause containing the terms of this section 15.4 in all contracts or sub -contracts that exceed $10,000. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER, or under an order of court or other public authority, or ENGINEER fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed through the date of termination. ARTICLE 16 — MISCELLANEOUS GIVING NOTICE: 16.1 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION OF TIME: 16.2 When any period of time is referred to in the Contract Documents by days, it shall be calendar days and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday, or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. GENERAL: 16.3 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party's employees or agents, or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 16.4 The duties and obligations imposed by these general conditions and the rights and remedies available hereunder to the parties hereto, and, in particular, but without limitation, the warranties, guarantees, and obligations imposed upon CONTRACTOR by paragraphs 6.33, 13.1, 13.11, 13.14, 14.3, and 15.2, and all of the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee, or by other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligations, right and remedy to which they apply. All representations, warranties, and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. Exhibit E FHWA-1273 — Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under Exhibit F CERTIFICATION FOR FEDERAL -AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Exhibit F — Page 1 of 1 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor 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 DOT -assisted contracts. 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 contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full 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.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 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 classification and wage rates conformed under paragraph 1.b. 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. b.(1) 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: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) 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. (3) 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 Wage and Hour Administrator for determination. The Wage and Hour 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. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) 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. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly 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. d. 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. 2. Withholding The contracting agency 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, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, 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 a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof 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 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. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) 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: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) 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; (iii) 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. (3) 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 3.b.(2) of this section. (4) 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. C. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, 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 FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 Progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). 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. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 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 Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 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. 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. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. 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). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION a n i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (ht—tl2s://www.epls.goo, which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," 'person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.epls.gov, which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. IN 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Client#: 122855 GOULCONS3 ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDIYYYY) 5/08/2015 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International Ins Svcs Inc 2742 Crossroads Blvd Grand Junction, CO 81506 888 245-8011 CONTACT NAME: Anita Keller PHONE 97Q-254306 FAX 866-908-6374 A1C No Ext): AIC No : EDoss anita.keller@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Co 16535 INSURED Gould Construction Inc INSURER 13: American Guarantee & Liability 26247 INSURER C: PO Box 130 INSURER D: Glenwood Springs, CO 81601 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 INSURER E! GENERAL AGGREGATE $2,000,000 INSURER F: HUB CA License #0757776 COVERAGES CERTIFICATE NUMBER: REVISION NUMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD IND SUB WVD POLICY NUMBER POLICY EFF MM110D POLICY EXP MM1D0 LIMBS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1:9 OCCUR X X GL0831154814 3/01/2015 03/01/2016 $ j 000 000 �EAACH�OCCURRENCE PREMISES Ea ocMcurtDence $1 OQ,OQO MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X SRS X LOC PRODUCTS - COMPIOPAGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS X X BAP831154914 3/01/2015 0310112016 COMBINED SINGLE LIMIT Ea acddem 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Par $ ( ) PROPERTYDAMAGE Per accQt $ B X UMBRELLA LIAB EXCESS LIAS X OCCUR CLAIMS -MADE AUC009849400 0310112015 03101/2016 - EACH OCCURRENCE $5 000 000 AGGREGATE s5,000,000 DED I X I RETENTION $0 - $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 NTORY ANY PROPRIETORIPARTNEPlEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA X WC831154714 3/01/2015 03/01/2016 X WC STATu- OTH- I IMTS IFR E.L. FJICHACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Eagle County and Colorado Department of Transportation are an additional insured for General Liability to include both, ongoing and completed operations. Coverage shall be primary and non-contributory. Waiver of Subrogation applies in favor of Certificate Holder and Additional Insureds. 45 Day Notice of Cancellation applies. rQn Eagle County PO Box 850 500 Broadway Eagle, CO 81631 ACORD 25 (2010/05) 1 of 1 #S34965211M3367301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _114 @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AW03 E_ The following is added to Paragraph 2_ Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Comrerckd General Liability Condttinns; The additional insured must see to it that: 1. Mare notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2- Vkb receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4ka. of the Other Insurance Condition of Section IV— Convnercial General Liability Concitions This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2 The following paragraph is added to Paragraph 4.b, of the Other Insurance Condition of Section IV— ConwMrcial General Liability Conditlons: This insurance is excess over; Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U -GL -1175-E CW (04112) Page 2 of 2 Ineludes copyrighted material of Insurance Services Office. Inc.. with its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pot. Exp. Date of Pot. Eff. Dale of End. Producer Add'l. Pr Retum Prem THIS ENDOMMENr CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Cormtercial General Liability Coverage Part The following is added to the Transfer Of Rights Of recovery Against Others To Us ConAtion: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U -GL -925-8 CW (12/01) Page l of l POLICY NUMBER:GLO 8311548-12 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Desigrratad Construction Projeos): ALL PROJECTS A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "sulks". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4, The limits shown in the [declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 D B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: I. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable, and 2. Such payments shall not reduce arty Designated Construction Project General Aggregate Limit. C. Men coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the products -completed operations hazard" will reduce the Prod ucts-compLaW Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section 111 — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ POLICY NUMBER: GTO 8311548-12 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ALL LOCATIONS OWNED OR RENTED BY YOU OR TEMPORARILY OCCUPIED I3Y YOU WITH PERMISSION OF THE OWNER. Information required to complete this Schedule, if not shown above, will W shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrenoes" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I --Coverage C, which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c- Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown In the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. CG 25 0405 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which cannot be attributed only to operations at a single designated 'location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce arty Designated Location General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Defini'ti'ons Section is amended by the addition of the following definition. 'Location" means premises involving the same or connecting lets, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 CG 25 04 05 09 0 POLICY NUMBER: BAP 8311549-12 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not atter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an 'insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 Coverage Extension Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer NAdd'I. Prem Platurn Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Liability Coverage: Thefollowing are also 'insureds": a. Any "employee" of yours is an 'insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. b. Anyone volunteering services to you is an ,'insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs a. and b. above. d. Any person(s) or organization(s) where required by written contract or written agreement executed prior to any "accident" provided the "accident" arises out of operations contemplated by such contract or agreement. 2. Thefollowing is added to the Other Insurance Provision in the Conditions Section: Coverage for any person(s) or organization(s) where required by written contract or written agreement executed prior to any "accident" will apply on a primary basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the coverage form. B. Amendrrrent — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II —Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II —Liability Coverage does not apply. D. Driver Safety Program Liabiity and Physical Damage Coverage 1. The following is adder) to the Racing Exclusion in Section II —Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. U -CA -424-E CW (04-11) Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. The following is added to Paragraph 2. in the Excluslons of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Excluslons of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Cep Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the coverage form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor The following is added to Paragraph A2. of the Physical Damage Coverage Section: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, thedeductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Loss Of Use Expenses Provision of the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an 'insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured'; and U -CA -424-E CW (04-11) Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) In or on acovered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage availablefor the same'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form do not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured" and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph 13.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form do not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or coverage form and by another policy or coverage form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or coverage form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or coverage form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any onecause is $5,000. U -CA -424-E CW (04-11) Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I —Covered Autos: Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this coverage form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2 Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Coverage Provision of the Physical Damage Coverage Section.- Temporary ection: Temporary Substitute Autos — Physical Damage We will pay the owner for'loss" to the temporary substitute "auto" unless the "loss" resultsfrom fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or 'loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent. servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or 'loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. 0. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: U -CA -424-E CW (04-11) Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under awritten contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this coverageform if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this coverage form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto —World Wide Coverage Paragraph (5)(a) of the Policy Period, Coverage Territory Condition is replaced by the following: (a) A covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less; and T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. All other terms and conditions of this policy remain unchanged. U -CA -424-E CW (04-11) Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS OR ORGANIZATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council an Compensation Insurance