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HomeMy WebLinkAboutC19-165 Interstate Highway ConstructionAGREEMENT FOR CONSTRUCTION BETWEEN EAGLE COUNTY, COLORADO AND INTERSTATE HIGHWAY CONSTRUCTION, INC. THIS AGREEMENT (“Agreement”) is effective as of the ________________________, by and between Interstate Highway Construction, Inc., (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “Owner”). RECITALS WHEREAS, Owner desires to contract with Contractor for Construct De-Ice Pad; and WHEREAS, Eagle County solicited an Invitation for Bid for AIP Project No. 3-08-0020-060-2019 dated March 18, 2019 which is incorporated herein by this reference, which complied with federal guidelines for the Construct De-Ice Pad using state and/or federal grant dollars (the “Solicitation”). A copy of the Solicitation is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Contractor submitted a proposal on April 10, 2019 (the “Proposal,” a copy of which is attached hereto as Exhibit B and incorporated herein by this reference) and was chosen as the successful respondent to the Invitation for Bid for the Project; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the construction and/or materials as set forth below in Section 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and Owner in connection with the construction and/or materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and Owner agree as follows: 1. Construction. Contractor agrees to furnish labor and procure the materials, equipment, and products needed to perform all the work necessary to complete the project as described in Exhibit B which is attached hereto and incorporated herein by reference. The construction shall be provided in accordance with the provisions and conditions of this Agreement. a. The Contractor agrees to commence work within ten (10) calendar days after the receipt of a Notice to Proceed(s). Extensions of the Contract Time may only be permitted by written execution of a formal modification to this Agreement as approved by the Owner. b. This Agreement shall include “Contract Documents” as the same as defined in Paragraph 10-16, Section 10 of the General Provisions of the Solicitation and consisting of the Plans, Invitation for Bid, Instruction to Bidders, all issued Addenda, Proposal, DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB 5/15/2019 Statement of Qualifications, Anticipated Sub-Contracts, Form of Proposal Guaranty, Notice of Award, Contract Agreement, Supply Bond, Notice to Proceed, Notice of Contractor’s Settlement, Wage Rates, General Provisions, Special Provisions, Technical Specifications, attached appendices and all documents incorporated by reference. Said “Contract Documents” are made a part of the Agreement as if set out at length herein. The Contract Documents may only be altered, amended, or repealed by written amendment as outlined by Section 4 of this Agreement. The intent of the Contract Documents is to include all items, components and services necessary for the construction of the project. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. If there is a conflict between terms in this Agreement and the Contract Documents, the Contract Documents shall control. c. Owner shall have the right to inspect all construction per Section 50 of the Contract Documents. Inspection and acceptance shall not be unreasonably delayed or refused. d. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence with regard to the performance of services under this Agreement and that Owner expects Contractor to complete construction within the Contract Time. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Owner if the construction is not complete within the Contract Time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages (but not as a penalty) for delay beyond the Completion Date, Contractor shall pay Owner two thousand five hundred dollars ($2,500.00) for each day that expires after the Completion Date until the construction is complete. Further, liquidated damages described in Division 4, Section 80-08 and Division 5, Special Provisions Part C, Item 18, also apply to this project. 2. Owner’s Representative. The Eagle County’s designee per Section 9 of this Agreement shall be Contractor’s contact with respect to this Agreement. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of Section 10 hereof, shall continue in full force and effect through the terms outlined in Section 1a of this Agreement. 4. Extension or Modification. Any amendments or modifications to the Contract Documents shall be in writing signed by both parties. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the construction, and no claim that Owner has been unjustly enriched by any construction, 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 additional construction is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional construction shall be deemed waived and such failure shall result in non-payment for such additional construction. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB 5. Compensation. Owner shall compensate Contractor for the construction in a sum computed and payable as set forth in Exhibit B. The compensation for the construction under this Agreement shall not exceed $14,371,122.89. a. Partial payment will be made for construction and accepted by Owner within thirty (30) days of receipt of a proper and accurate invoice from Contractor. 10% retainage shall be held until final acceptance of the construction pursuant to the Contract Documents. All invoices shall include detail regarding the construction and such other detail as Owner may request. b. If, at any time during the term or after termination or expiration of this Agreement, Owner reasonably determines that any payment made by Owner to Contractor was improper because the construction for which payment was made was not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from Owner, Contractor shall forthwith return such payment(s) to Owner. Upon termination or expiration of this Agreement, unexpended funds advanced by Owner, if any, shall forthwith be returned to Owner. c. Notwithstanding anything to the contrary in the Contract Documents the Contractor hereby acknowledges and agrees that Owner’s performance under the contract is subject to receipt of funds from the FAA and further is subject to annual appropriation by Owner in accordance with a budget adopted by Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution Article X, Sec. 20). Owner may issue multiple Notice(s) to Proceed in incremental stages and funding becomes available. d. Federal Grant Contract: The Parties acknowledge that Owner is a recipient of a grant awarded by the United States Department of Transportation, Federal Aviation Administration (“FAA”), which will be used to fund, in part, the construction. The Contractor is subject to the Buy American Preference, Foreign Trade Restrictions, Government-Wide Debarment and Suspension, Government-Wide Requirements for Drug-Free Workplace and the Federal Provisions included in Part A of the Special Provisions contained in the Contract Documents. 6. Insurance. The Contractor shall pay for and maintain during the life of this contract adequate Workmen's Compensation, Public Liability and Property Damage Insurance. The Contractor is charged with the responsibility for adequate and proper coverage for all his subcontract operations. Contractor shall furnish to the Owner satisfactory proof of carriage of the insurance required. Public Liability Insurance shall be in the amount of not less than $2,000,000.00 for injuries, including accidental death, to any one person, nor less than $2,000,000.00 on account of any one accident. Property Damage Insurance shall be carried in an amount not less than $2,000,000.00. Such Liability Insurance shall include completed operation coverage. a. Contractor shall maintain the foregoing coverage in effect until the work is completed and all applicable statutes of limitations have run. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB b. All policies must contain an endorsement affording an unqualified thirty (30) days’ notice of cancellation of coverage. c. All policies must be written by insurance companies whose rating in the most recent Best’s rating guide is not less than A-(VII). d. Certificates of Insurance with the required endorsements evidencing the coverage and naming the Owner as Additional Insured must be delivered to the County prior to commencement of any work under this Agreement. Notwithstanding any other provision hereof, the Contractor shall provide the County a complete copy of any policy of insurance required hereunder within five (5) business days of a written request from the County, and hereby authorizes the Contractor’s brokers, without further notice to or authorization by the Contractor, to immediately comply with any written request of the County for a complete copy of any policy required hereunder. e. The general liability insurance policy shall be endorsed as follows: i. Designated construction project general aggregate limit endorsement, ISO GC 2503 or equivalent; ii. Automatic Additional Insured Endorsement, Owners, Lessees or Contractors, ISO Form 2038 or equivalent; iii. Additional Insured – Completed Operations Owners, Lessees or Contractors Endorsement, ISO CG 2037 or equivalent. iv. The Completed Operations coverage must be kept in effect for up to the statue of repose after project completion. f. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. g. The insurance provisions of this Agreement shall survive expiration or termination hereof. h. A certificate of insurance consistent with the foregoing requirements shall be included in the Contract Documents and attached hereto as Exhibit C. 7. Indemnification. The Contractor shall indemnify and hold harmless Owner, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Owner may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse Owner for reasonable attorney fees and costs, legal and other expenses incurred by Owner in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the Owner to the DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB extent that Owner is liable to such third party for such claims without regard to the involvement of the Contractor. This Section shall survive expiration or termination hereof. 8. Documents. Contractor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the construction as required by the Contract Documents. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this Section by giving five (5) days prior written notice of such change to the other party. OWNER: Eagle County, Colorado Attention: Jeff Shroll 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8604 Facsimile: 970-328-8899 E-mail: Jeff.Shroll@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-38-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Interstate Highway Construction, Inc. 7135 S. Tucson Way Englewood, CO 80112 (303) 790-9100 (303) 790-8524 (fax) estimating@ihcquality.com ENGINEER: Jviation, Inc. 900 S. Broadway Denver, CO 80209 (303) 524-3030 (303) 524-3031 (fax) DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB Matt.gilbreath@jviation.com 10. Termination. Owner may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide Owner with all documents as defined in Section 8 hereof, in such format as Owner shall direct and shall return all Owner owned materials and documents in the possession of Contractor, if any. Owner shall pay Contractor for construction satisfactorily inspected and accepted to the date of termination. 11. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 12. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 13. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the construction to be provided hereunder, the intended use of such construction by Owner, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or construction. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. c. The fact that the Owner has accepted or approved the construction shall not relieve Contractor of any of its responsibilities. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Contractor shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Contractor will provide the construction in a skillful, professional and competent manner and in accordance with the standard of care applicable to Contractors supplying similar construction. d. Contractor warrants merchantability and fitness of the construction for its intended use and purpose. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB e. Contractor hereby represents and warrants that the construction will be new and guarantees all construction against defects for a period of one (1) year from the date the construction is accepted by Owner, or such longer period as may be provided by the law or as otherwise agreed to by the parties. f. All guarantees and warranties of construction furnished to Contractor by any contractor or supplier are for the benefit of Owner. If any Contractor or supplier of any construction furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor’s guarantee or warrantee shall extend for a like period as to such construction as more completely detailed in the Contract Documents. g. Contractor warrants that title to all construction shall pass to Owner either by incorporation into the Owner facility or upon receipt by Contractor of payment from Owner (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) constructed the project free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the construction until Owner has inspected and approved the same. h. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to Owner, and without interruption to Owner: i. Any defects in construction which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. i. Guarantees and warranties shall not be construed to modify or limit any rights or actions Owner may otherwise have against Contractor in law or in equity. j. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. k. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of Owner. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master- servant, partnership, joint venture or any other relationship between Owner and Contractor except that of independent Contractor. Contractor shall have no authority to bind Owner. l. Contractor represents and warrants that at all times in the performance of the Agreement, Contractor shall comply with any and all applicable laws, codes, rules and regulations. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB m. The Contract Documents contain the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. n. Contractor shall not assign any portion of this Agreement without the prior written consent of the Owner with the exception of any firms listed in the “Subcontractor/Supplier List” as submitted with the original bid proposal. Any attempt to assign this Agreement without such consent shall be void. o. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. p. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. q. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. r. The signatories to this Agreement aver to their knowledge no employee of the Owner has any personal or beneficial interest whatsoever in the construction described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Contractor shall not employ any person having such known interests. s. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 14. Prohibitions on Government Contracts. As used in this Section 14, the term undocumented individual will refer to those individuals from foreign countries not legally in 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 Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement 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 Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB ii. Enter into a subcontract that fails to certify to 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 Services under this Agreement 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: https://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, Contractor shall be required to: i. Notify the subcontractor and Owner within three (3) days that 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 (3) 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 Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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, Owner may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to Owner as required by law. g. Owner will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and Owner terminates the Agreement for such breach. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: ___________________________ Regina O’Brien, Clerk to the Board CONTRACTOR: By:__________________ ______________ Print Name: _________________ ________ Title: ____________________ __________ DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB Jim Randall President INVITATION FOR BIDS Eagle County Regional Airport Gypsum, Colorado AIP Project No. 3-08-0020-060-2019 Sealed bids, subject to the conditions contained herein, for improvements to the Eagle County Regional Airport, Gypsum, Colorado, AIP Project No. 3-08-0020-060-2019 will be received by the Eagle County Regional Airport, Airport Administration Office, Gypsum, Colorado, 81637, until Wednesday, April 10, 2019, at 11:00 A.M., and then publicly opened and read aloud in the Eagle County Regional Airport SRE Facility, Training Room, 0221 Eldon Wilson Road, Gypsum, Colorado, 81637. The work involved will include the following: Schedule I - Embankment, Storm Sewer Infrastructure, and Eagle Valley Trail Construction Schedule II - Construct De-Ice Pad (Position 1), Embankment, and Perimeter Road Schedule III - Construct De-Ice Pad (Position 2) Schedule IV - Construct De-Ice Pad (Position 3) The approximate quantities of major bid items involved in the proposed work are: P-152 Embankment ...................................................................................................................... 206,000 CY P-154a Aggregate Subbase Course (6-Inch) .................................................................................... 6,370 CY P-306a Econocrete (5-inch) .............................................................................................................. 27,730 SY P-501a Portland Cement Concrete Pavement (14-Inch) ............................................................. 27,690 SY P-501b Portland Cement Concrete Pavement (6-Inch) ................................................................. 5,605 SY D-701a Install Glycol Collection System, Including Tanks, Piping and Controls (Complete) ........ 1 LS D-701d Install 114-Inch Multiplate Culvert ....................................................................................... 360 LF D-750a Install Trench Drain ................................................................................................................. 800 LF D-751d Install Storm Structure, Large Box Inlet .................................................................................... 1 LS Construction for this project is expected to take 265 calendar day(s). Year one construction is expected to take 155 calendar days and year two construction is expected to take 110 calendar days. Contract Documents. The complete set of Specifications and Contract Documents can be downloaded from Jviation, Inc.’s bid site (http://bid.jviation.com), beginning on March 18, 2019. In order to submit a responsive bid as a Prime Contractor and to receive all necessary addendum(s) for this project, you must be on the Planholder’s List. To view all planholder documents (contract documents, plans and addendums) you must fill out the online form located at (http://www.jviation.com/bidrequest). By filling out and submitting this form, you agree to be publicly listed on the bid site with your contact information as a planholder for all projects requested. It is the planholder’s responsibility to review the site for addendums and changes before submitting their proposal. For additional information, please contact us via email at bidinfo@jviation.com. *Note that contractors will NOT be automatically added to new projects. You will need to re-submit the online form for access to new projects. Once granted access, additional projects will use your same login credentials. Note: Plan ahead when submitting the online request form and allow up to 2 business days for approval and access to projects. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB Pre-Bid Conference. The pre-bid conference for this project will be held on Wednesday, March 27, 2019 at 10:00 A.M., in the Eagle County Regional Airport SRE Facility, Training Room, 0221 Eldon Wilson Road, Gypsum, Colorado, 81637. All bidders are required to examine the site to become familiar with all site conditions. Bid Conditions. The bidder is required to provide all information as required within the Contract Documents. The bidder is required to bid on all items of every schedule or as otherwise detailed in the Instructions to Bidders. Bids may be held by Eagle County, Colorado for a period not to exceed 275 Calendar days from the date of the bid opening for the purpose of evaluating bids prior to award of contract. The right is reserved, as Eagle County, Colorado may require, to reject any and all bids and to waive any informality in the bids received. All questions regarding the bid are to be directed to Matt Gilbreath, P.E. with Jviation, Inc., 900 South Broadway, Suite 350, Denver, Colorado 80209, (303) 524-3030, Fax: (303) 524-3031, or email Matt.Gilbreath@Jviation.com. Bid Bond. Guarantee will be required with each bid as a certified check on a solvent bank or a Bid Bond in the amount of five (5) % of the total amount of the bid, made payable to the Eagle County, Colorado. Performance & Payment Bond. The successful bidder will be required to furnish separate performance and payment bonds each in an amount equal to 100% of the contract price. Airport and Airway Improvement Act of 1982 as Amended. In accordance with the Davis-Bacon Act, as amended, the Contractor will be required to comply with the wage and labor requirements and to pay minimum wages in accordance with the schedule of wage rates established by the United States Department of Labor. Equal Employment Opportunity and Affirmative Action Requirement. The proposed contract is under and subject to 41 CFR Part 60-4 and Executive Order 11246 of September 24, 1965, as amended, and to the equal opportunity clause and the Standard Federal Equal Employment Opportunity Construction Contract specifications including the goals and timetables for minority and female participation. Title VI Solicitation Notice: Eagle County, Colorado, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBE Requirement. Information Submitted as a matter of bidder responsiveness: The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB As a condition of bid responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: (1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; (2) A description of the work that each DBE firm will perform; (3) The dollar amount of the participation of each DBE firm listed under (1) (4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal; and (5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract 2.51% of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include, women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. The apparent successful bidder will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non-responsive. Those firms currently certified as DBE's by the Colorado Department of Transportation are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Sponsor. Buy American Preference The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. Certification of Offeror/Bidder Regarding Debarment By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB Other Federal Provisions Award of contract is also subject to the following Federal Provisions:  Trade Restriction Certification  Lobbying Federal Employees  Recovered Materials  Government-wide Requirements for Drug-free Workplace  Other Federal Provisions included in Part A of the Special Provisions Eagle County, Colorado DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope 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DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB DocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB CERTIFICATEOFLIABILITYINSURANCE7/1/2019DATE(MMIDDrfYYY)THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).CONTACTPRODUCERLocktonCompaniesNAME:$110E.UnionAvenuePHONEFAX(AIC,No,Exti:(NC,No):Suite700E-MAILADDRESS:DenverCO$0237(303)414-6000INSURER(S)AFFORDINGCOVERAGENAIC#INSuRERA:TheTravelersIndemnityCompany2565$INSURED1040014InterstateHighwayConst..Inc.INSURERB:TravelersPropertyCasualtyCoofAmerica25674P0.Box4356INSURERC:IronshoreSpecialtyInsuranceCo25445EnglewoodCO801552140INSURERD:IINSURERE:IINSURERF:COVERAGESCERTIFICATENUMBER:16066951REVISIONNUMBER:XXXXXXXTHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NO7WTHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWTHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN.THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.INSRADDL’SUBRIPOLICYEFFIPOLICYEXPLTRTYPEOFINSURANCE‘NSDwvoPOLICYNUMBER.(MM/DDIYYYY)IIMMIDDIYYYYILIMITSAIXCOMMERCIALGENERALLIABILITYYNVTC2K-CO-56438347.7/1/20187/1/2019EACHOCCURRENCE$2,000,000Ir—iOAMAGETORENTEDICLAIMS-MADEOCCURPREMISES(Esoccurrence)$300,000[__MEDEXP(Anyoneperson)$10.000—IPERSONAL&ADVINJURYS2,000,000GENLAGGREGATELIMITAPPLIESPERIGENERALAGGREGATE$4,000,000POLICYCILOCPRODUCTS-COMPIOPAGO$4,000,000OTHER:——$BAUTOMOBILELIABILITYNNVTC2J-CAP-564383597/1/20187/1/2019$2,000,000xANYAUTOBODILYINJURY(Perperson)XXXXXXXAUTOSONLYSCHEDULEDBODILYINJURY(Peraccident)$HIREDNON-OWNEDPROPERTYDAMAGEAUTOSONLYAUTOSONLY(Peraccidenl)$xxxxxxxCXUMBRELLALIABOCCURNNVTSMJ-CUP-9f3372257/1/20187/1/2019EACHOCCURRENCE$20,000,000EXCESSLIABCLAIMS-MADEAGGREGATE$20,000,000—DEDRETENTION$——$XXXXXXXWORKERSCOMPENSATIONPER0TH-AANDEMPLOYERS’LIABILITYYINNVTC2KUB-4745N437/1/20187/1/2019XSTATUTEERANYPROPRIETOR/PARTNER/EXECUTIVEFiEL.EACHACCIDENT$1,000,000OFFICER/MEMBEREXCLUDED?NIA(MandatoryInNH)E.L.DISEASE-EAEMPLOYEE$1,000,000Ifsee,describeunderDESCRIPTIONOFOPERATIONSbeI0w——ELDISEASE-POLICYLIMIT$1,000,000DESCRIPTIONOFOPERATIONS!LOCATIONS!VEHICLES(ACORD101,AdditionalRemarksSchedule,maybeattacheditmorespaceisrequired)RE:IHCJob,ConstructDe-IcePad,EagleCountyRegionalAirport-3289CooleyMesaRoad,Gypsum,CO81631.AlPProject#3-08-0020-060-2019.AdditionalInsured:EagleCounty.Ifthepolicyiscancelledbytheissuingcompanyduringthepolicyterm,forotherthannon-paymentofpremium,30daysnoticewillbeprovidedtothecertificateholdernamedbelow,10daysfornon-paymentofpremium.CERTIFICATEHOLDERCANCELLATIONSeeAttachments16066951EaaleCountySHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFOREDr’sD.QflTHEEXPIRATIONDATETHEREOF,NOTiCEWILLBEDELIVEREDIN.L’.OXACCORDANCEWiTHTHEPOLICYPROVISIONS.Eagle,CO816i1IAUThORIZEDAC€?RLi©1988-205ACORbCORP(5RATION.Allrightsreserved.ACORD25(2016/03)TheACORDnameandlogoareregisteredmarksofACORDDocuSign Envelope ID: B8917A83-4D7C-4D32-97D8-3509C0B90DAB