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CONTRACT AGREEMENT �i•�'.,.�
FOR ' �; ,� ,��'
IMPROVEMENTS TO
' ASPEN-PITKIN COUNTY AIRPORT (SARDY FIELD) `4'�'' �,.:yr•
- �,.
ASPEN, COLORADO '.4 c',, ','
n AIP PROJECT NO. 3-08-0003-13 �,:,:-.
`� N S r
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y �HIS GR EMENT, made and entered into this � day of �
- � �,�6�� 199�, by and between the Pitkin County Board of ,,,
�� Co iss� ers,hereinafter referred to as the"Sponsor"and Basalt Conslruc�ion Co.,Second �" � .'
Party, hereinaFter referred to as the "Contractor!' �":=''?'1`:'`
3 .,�.��:,::
v WITNESSETH: `�•`` �
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� Article L STATEMENT OF THE WORK. The Contractor shall furnish all labor � '
and materials and perForm all work for improvements to Aspen-Pitkin County Airport �'tg
`� (Sardy Field), under AIP Project No. 3-08-0003-13, in strict accordance with the Contract •? '
Documents, Plans, and Specifications dated June 29, 1995, preparod by Isbill Associates, '
Inc., for improvements ta Aspen-Pitkin County Airport (Sardy fiield). He shall complete
this work within 30 working days from the effective date of the Notice to Proceed. ��'�.
'�
Article 2. It is hereby further agreed, that, in consideratian of the Faitfiful ..:�.
performance of the work by the Contractor, the Sponsor shall pay the Contractor the ��
. compensation due him by reason of said faithful performance of the work, at stated
intervals and in the amounts certified by the Engineer in accordance with the provisions x�
, of this Contract. 3
Article 3. It is hereby further agreed, that, in the completion of the work and its ';�
acceptance by the Sponsor all sums due the Contractor by reason of his faithful completion 'j�
of the work, taking into consideration additions to or deductions from the contract price
by reason of"Force Account" work authorized under this Contract in accordance with the
provisions of this Contract, will be paid the Contractor by the Sponsor after said
completion and acceptance. Final acceptance cannot be made 6y the Sponsor until any and
_ all proper legal advcrtisements have been made. �,
I Articte 4. It is hereby further agreed thaY any reference herein to the "Contract"
shall include all"Contract Documents"as the same are listed and described in the General *` '
y,. Provisions and Proposal of tfie Specifications, issued in connection with the improvements '
— to Aspen-Pitkin County Airport(Sardy Field),under AIP Project No.3-08-0003-13,and said "�,
+' "Contract Documents" are hereby made a part of this agreement as fully as if set out at ;,
length herein. �, ;
� �
Article 5. Contract Clauses and Reauirements for�Cbnstruction Contracts.
j A, General and Labor Clauses for All Construction Contracts and Subcontracts. °'
� 1. Airoort Imorovement ProRram Proiect. The work in this Gontract is
included in Airport Improvement Program Project No.3-08-0003-13 which is ��
being undertaken and accomplished by the Sponsor in accordance with tho
terms and conditions of a grant agrecment between the Sponsor and the', =`'�
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United States under the Airport and Airway Safety, Capacity, Noise �=" .
Improvement, and [ntermoda[ Transportation Act of 1992, as amended, pur- ;..i: �
suant to which the United States has agreed to pay a certain percentage of ,:.:y.�`
the costs of the project that are determined to be allowable project costs :� .
under the AcL The United States is not a party ro this contract and no ��.;•rz rJ
reference in this contract to the FAA or any representative thereof, or to
any righ[s granted to the FAA or any representative thereof, or the iJnited r'�� �
States, by the contract, makes the United States a party to this contract. r� " i
' � :. r
2. Consent to Assienment. The Contraetor shall obtain the prior written
consent of the Sponsor to any proposed assignment of any interast in or part �. '.
of this contract. �` -
i 3. Convict Labor. No convict labor shall be employed under this contract. g� "
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� 4. Veterans' PreFerenca. In the employment of labor (ezcept in executive, }
administrative, and su ervisor ;
I p y positions), preference shall be given to 1 ,
qualified individuals who have served in the military service of the United �
States[as defined in Section t01 (I)of the Soldiers'and Sailors'Civil Retief =
Act of 1940, as amended, 50 A ' t� '
pp. U.S.C. 511 (1)] and have been honorably i
discharged from the service,except that preference may be given only whe�c
that labor is available locally and the individual is qualified to pezform the
work to which the employment relates. ;
� 5. Withhoidina. Soonsor from Contractor. Whether or not payments or � .
advances to the Sponsor are withhetd or suspended by the FAA, the Sponsor �
may withhold or cause to be withheld from the Contractor so much of the �
accrued payments or advances as may be considered necessary to pay
laborers and �nechanics employed by the Contractor or any subcontractor on
the work the full amount of wages required by this contract. �'
6. Nonnavment of Waees. If the Contractor or any subcontractor fails to pay �
�7 ` any laborer or mechanic emptoyed or working on the site of the work any ;
- of the wages required by this contract,the Sponsor may,after written notice �
to the Contractor, take such action as may be necessary to cause the �
suspension of any further payment or advance of funds until the violaYioas ;
cease. {
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Z FAA Insoection and Review. The Contractor shall allow any authorized f �
�;'_ �� representative oF the FAA to inspect and review any worlc or materials used
� � in the performance of this contract. j
i . .
i $. Subcontracts. The Contractar shall insert in each of his subcontracts the
- ; provisions contained in paragraphs I, 3, 4, 5, 6, and 7 af this section and f
' . - also a clause requiring the subcontractors to include these provisions in any ;
lower tier subcontracts which they may enter into, together with a clause � ��
requiring this insertion in any further subcontracts that may in turn be � ''
made. r.
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i9. Contract Termination. A breach of paragraphs 6, 7 and/or 8 may be i
grounds for termination of the contract.
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B. Miscellaneous Clause Reauirements for All Construction Contracts and Subcontracts '.r .
Unless Otherwise Indicated. �, i�
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During the performance of this contract, the Contractor, for itself, its as- I' ;_Z r;
•, I , signees and successors in interest(hereinafter referred to as the"Contractor")
� agrees as foliows: �", ;
f:•..'.
„ � 1. Comoliance with Reeulations. The Cantractor shalI compty with the F �
Regulations relative to nondiscrimination in federally assisted programs of � F
_ the Department of Transportation (Title 49, Code of Federal Regulations, i,t,_ ;
Part 21), as they may be amended from time to time, (hereinafter referred ;'-� '.'
to as the Ke ulations, which are incor orated by reference and made a part '"
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of this contract. � '
2. Nondiscrimination. The Contractor, with regard to the work performed by � •
it during the contract, shall not discriminate on the grounds of race, sex, �
age,color,or national origin in the selection and rotention of subcontractors, �
' including procurements of materials and leases of equipmenL The
Contractor shatl not participate either directly or indirectly in the
discrimination prohibited by Section 2L5 of the Regulations, including i
employment practices when the contract covers a program set forth in
Appendix B of the Regulations. �
h
3: Solicitations For Subcontractors Includine Procurements of Materials and
Eauioment. In all solicitations either by compotitive bidding or negotiation ';
made by tho Contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to r�
nondiscrimination on the grounds of race,sex, age, color, or national origin. r
i.
4. Information and Reoorts. The Contractor shall provide all information ;
' . and reports required by the Regulations or directive issued pursuant thereto, i
and shall permit access to its books, records, accounts, other sources of ; :
information and its facilities as may be determined by the Sponsor or the ?
FAA to be pertinent to ascertain compliance with such Regulations, orders
and instructions. Where any information required of a Contractor is in the �
exclusive possession of another who fails or refuses to furnish this i`
� � information, the Contractor shall so certify to the Sponsor or the FAA as
- — appropriate, and shall set forth what efforts it has made to obtain the
! information. �
i
5. Sanctions for Noncomoliance. In the event of the Contractor's non-
compliance with the nondiscrimination provisions of this contract, the
' � Sponsor shalt impose such contract sanctions as it or the FAA may determine ' �
I ;
I to be appropriate, including, but not limited ta i
i 1 ,
� 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. .�:°:,:
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6. Inc�rooration of Provisions. The Contractor shall include the provisions o£ ,
paragraphs I through 5 in every subcontract, incfuding procurements oC � ��'
materials and leases of equipment, unless exempt by the rcgulations or ..�y
directives issued pursuant thereto. The Contractor shall take action with
respect to any subcontract or procurement as the Sponsor or the Federal �'�;;+:
Aviation Administration may direct as a means of enforcing such provisions ;c :;
ine(uding sanetions for noncompliance: Provided,however,that,in the event �i" .
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a Contractor becomes involved in, or is threatened with, litigation with a t
subcontractor or supplier as a result of such direction, the Contractor may -
request the Sponsor to enter into such litigation to protect the interests of
- the Sponsor and, in addition, the Contractor may request the United States `;.r.�'':
to enter into such li[igatian to protect the interests of the United States. __
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_ 7, Breach of Contract Terms-Sanct"on . Any violation or breach of the terms �'��`'
of this contract on the part of the Contractor/Subcontractor may result in
the suspension or termination of this contract or such other action which f� •
may be necessary to enforce the righis of the parties of this agreement. The ���
• terms and conditions of paragraph 80-09 of the�General Provisions of these ���
Contract Documents are hereby made a part of this agroement as fally as if ,
' set out at length herein. '
E�
`i 8. Contract Termination. (For contracts in excess of $IO,OOOJ This contract
may be terminated by the Sponsor for default or any othcr conditions or �
circumstances beyond the control of the Contractor. Termination condifions, !'>
! the manner by which it will be effected and the basis for setUement are as
� ' �� � �� follows: '
' �
! "In the event that the Sponsor is prohibited from completing the project ;
because of canditions or circumstances beyond the control of either the !
i Sponsor or the Contractor such as, but not limited to, an Executive Order of �
! the President with respect to the prosecution af war or in the interest of
! nationat defense or an order of any State or Federal Court permanentty � ,
- " ' prohibiting the construction of the project, the Sponsor, acting by and
Ithrough its Airport Manager, may terminate the Contract or portion thereof �.
� � by giving at laast ten (10) days written notice thereof to the Contractor. �
{
When the Contract, or any portion thereaf, is terminated before completion I
- __ of all items oC work in the Contract, payment will be made for the actual j; .
! number of units or items of work complet�d at the Contract price. On itemS �'
�' _ or units which are only partially completed, payment wi11 be made in
( ! proportion to the completed work as determined by the Engineer in his solc �
and absolute discretion, bears to the total bid price. Acceptable matcrials,
obtained or ordered in the work at the time oC such termination,shaH at the
op[ion of the Sponsor be purchased from the Contractor at actuai cost as
� shown by receipted bills and actual cost records at the point of delivery. �
� The intent of this provision is to provide a method of equitable settlement
� with the Contractor in the evcnt of termination of the Contract because of ;
conditions or circumstances beyond the control of either party. Loss of !
1 anticipated proCits shall not be considered. [t is also the intent of this
prnvision tha[ a settlement for the work performed shall not relieve the
Contractor or his surety Prom responsibility for defective work and/or 7 ;;�_.
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materiais on the completed portion of the work, nor for labor and materials i� �
as expressed in the surety bond or bonds. The Airport Manager or his i;.��
� authorized representatives shall be given full access to all books, •
' correspondence and papers of the Contractor relating to this Contract in �;:i ,
i order to determine the amounts to be paid on account of the termination of i;,.":}'
the Contract." �
� �t _4_
j 9. Rizhts to Inventions - Materials. (For contracts or agreements involving t �
3 imported products, processes, methods, etc.) All rights to iqventions and
-� matcrials genetated under this contract are subject to regulations issued by
� the FAA and the recipienY of the Federa] grant under which this contract i'.�
,.:.
is ezecuted. Information regarding these rights is available from the FAA
_ and the Sponsor. `=' '
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C. Access to Documents. Records. Etc, i
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1. For All Cost Reimbursement Tvoe of Contracts.
, ` The Contractor shall maintain an acceptable cost accounting system. The
Sponsor, the Administrator of the FAA and the Comptroller Generat of fhe
� United States, or an aqthorized reprosentative of either, shall be allowed
access m the Contractor's records which are pertinent to the contract for the
purpose of accounting and audit. The Contractor shall maintain all required ,' .
records for three years after the Sponsor makes final payment and all other
' � - ending matters are closed.
2. For All NeROtiated Contracts in Excess of $I0.000.
The Contractor shall maintain an acceptable cost accounting system. The i
Sponsor, the FAA, the Comptrotler General of the United States, or any of (
their duly authorized reprosentatives, shall be allowed access to any books,
- documents,papers and records of the Contractor which are directly pertinent ?
i
to an AIP project{s) for the purpose of making audit, ezamination, axcerpts j
and transcriptions. The Contractor shall maintain all required rewards for
three years after the Sponsor makes final payment and all other pending i
_ ,. .
matters are closed. i
1
D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess
°`�_ of 52.000. �
_--- _ �
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L Minimum Waees.
! a. All laborers and mechanics employed or working on the site oF the
� . , work wiil be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account �
('except such payroll deductions as are permitted by the Secretary of �' `
Labor under the Copeland Act(29 CFR Part 3)), the fuil amount of
wages and bona fide fringe benefits (or cash equivalent thereof) due
at time oF payment computed at rates not less than thoso contained
in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof,regardless of any contractual
re]ationship which may be alleged to exist between the Contractor and :=.:
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such laborers and mechanics, Contribations made or costs reasonably
anticipated for bona fide fringe benefits under section (b)(2) oF the '
Davis-Bacon Act on bcfiaif of laborers or mechanics are considered '�r
wages paid to laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or ',.;'
costs incurred for more than a weekly period. (but not less often -
tha❑ quarterly) under piaas, funds, or programs which cover the
particular weekiy period, are deemed to be constructively made or
incurrcd during such weekly period. Such laborers and mechanics ��'
-. _ shall be paid the appropriate wage rate and fringc benefits on the ; .
wage determination for the classification af work actualty
performed,without regard to skill,except as provided in 29 CFR Part
5.5(a)(4). Laborers or mechanics performing work in more than on� '
- ctassification may be compensated at the rate specified For each �r -
classification For the time actually worked therein: Provided,that the �
:y:' employer's payroll records accurately set forth the time sent in each. -
'� classification in which work is performed. The wage determination
(including arty additional classification and wage rates conformed
under (I)(ii) oC this section and the Davis-Bacon poster (WH-1321)
j shal[ Ue posted ali times by the Contractor and its subcontractors at °
_ ':_� the site of the work in a prominent and accessibte place where it can
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easily be seen by the workers.
t b. The contracting officer shall require that any class of laborers or
, 1' � mechanics which is not listed in the wage determination and which
is to be employed under the contract shall be ctassified in
conformance with the wage determination. The contracting officer
' I� shall approve an additional classiFication and wage rate and fringe
benefits therefore only when the following criteria have been meh �
�
([} The work to be performed by the classification requested is
y � not performed by a classification in the wagc determinations;
and
� - (2) The classification is utilized in the area by the construction
industry; and
� - (3) The proposed wage rate, including any bona fide fringe
� benefits, bears a reasonable relationship to the wage rates
' contained in the wage determination.
�
c. If the Contractor and the laborers and mechanics to be employed in ,
� � the ctassification (if known), ot their reprosentatives, and the
, . I contracting officer agree on the classification and wage rate ,
(inctuding the amount designated for fringe benefits where
� appropriate), a report of the action taken shall be sent by the .
contracting officer to the Administrator of the Wage and Hour ;
Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional
classiFication action within 30 days of roceipt and so advise the
contracting officer or will notify the contracting officer within the t �
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30-day period that additional time is necessary. (Approved by the •
Office of Management and Budget under OMB Control Number 1215- '`�
0I40). ', ��
": � d. In the event the Contractor,the laborers or mechanics to be employed .,,�•r'
; in the classification, or their representatives, and the contracting .
officer do not agree on the proposed classification and wage rate
(inciuding the amount designated for fringe benefits where ��: r
appropriate), the contracting officer shall refer the questions, !?':
,-
including the views of all interested parties and the recommendation
___ __. _ �'--;.
fof the contracting oCficer, to the Administrator for determination. `K'' �
� The Administrator, or an authorized representative, will issue a �;�'
# determination within 30 days of receipt and so advise the contracting ��!� •
� officer or will notity the contracting officer within the 30-day period
that additianal time is necessary. (Approved by the Office of � '
Management and Budget under OM$ Control Number 1215-OL40). i
a +
! 1
i e. The wage rata (including' fringe beneFits where appropriate)
determined pursuant to subparagraphs (1)(c) or (d)o£ this paragraph, ••
� shall be paid to all workers performing work in the classiFication
undor this contract from the first day on which work is performed
in the classification.
iF. 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 wagc determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof. �
ig. 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 t
laborer or mechanic [he amount of any costs reasonably anticipated •
; in providing bona fide fringe benefits under a plan or program,
`i provided that the Secretary of Labor has found, upon the written
request of the Contractor, that the applicahle standards of the Davis- i
� Bacon Act have been met. The Secretary of Labor may require the �
Contractor to set as in a separate account assets'for the meeting of �
i obligations under the plan or program. (Approved by the OfFice of `
'�. Management and Budget under OMB Control Number 1215-Ot40). �
� 2. Withholdinrt. The Federal Aviation Administration or the Sponsor shall upon
its own action or upon written request of an authorized represcntative of the
! Department of Labor withhoid or cause to be withheld from the Contractor
, � under this contract or any other Federal contract with The same Prime
4 Contractor, or any other Federally-assisted contract subject to Davis-Bacon ,
prevailing wage requiremcnts, 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
hetpers, employed by the Contractor or any subcontractor, the full amount �
. of wages required by the contract. In the event oC failuro to pay any
laborer or mechanic, inctuding any apprentice, trainee, or helper, employed
. or working on the site of work, all or part of the wages required by the i„�:'
V I-7 �'=:
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contract, the Federal Aviation Administration may, after written notice to ,��'� �
the Contractor, Sponsor, applicant, or owner, take such action as may be ";_ ".
necessary to cause the suspension of any Curther payment, advance, or ;#i;'-�;
gnarantee of funds until such violations have ceased. :� .-,�,�
3. Pavroll and Basic Records. '`y''��;."+.; ,
a. Payrolls and basic records relating thereto shall be maintained by the )��`-:�
Contractor during the course of the wnrk and preserved for a period '� �f �
of three years thereafter for all laborers and mechanics working at �"�- ' �t
--: the site of the work. Such records shatl contain the name, address, �� �.;��3' '
and social security number of each such worker, his on c�r correct a:-.�'',�.:'
classification, hourly rates of wages paid (including rates oF ,:;
contributions or costs anticipated for bona fide fringe benefits or ��I,I;. ::
cash equivalents thereof as described in I(b)(2)(B)of the Davis-Bacon
' Act),daily and weekly number of hours worked,deductions made and
actual wages paid. Whenever the Secretary of labor has found under �;'.,
29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing �`��?
, benefits under a plan or program described in section 1(6)(2)(B) of �
the Davis=Bacon Act, the Contractor shall maintain records which �:.
, show that the commitment to provide such benefits is enforceable,
�;;;
thaf the plan or program is Financially responsible,and that the plan �?'
ot program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or
• i the actual costs incurred in providing such benefits. Contractors
i employing appren[iccs or trainees under approved programs shall
maintain written evidertce of the registration of apprenticeship
iprograms and cer[itication of trainee programs,the rogistration of the
i apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs. (Approved by the Office of Management ;�>-'
and Budget under OMB Control Numbers 1215-0140 and 12L5-0017). �;��
� b. The Contractor shall submit weekly, for each week in which any
,
contract work is performed, a copy of all payrolls to the applicant,
_ Sponsor, or owner, as the case maybe, for transmission to the Federal
Aviation Administration. The payrolls su6mitted shall set out rx�
accurately and completely all of the information required ro be
maintained under paragraph (3)(a) abova. This information may be
'�. submitte@ in any form desired. Optional Form WH-347 is available
' – for this y p
�. purpose and ma be urchased from the Superintendent of �
Documents(Federal Stock Number 029-005-00014-I},U.S. Government
i Printing Office, Washington, D,C. 20402. The Prime Contractor is 1'
j responsible Cor the submission of copies of payrolls by atl
, ' subcontractors. (Approved by the Office of the Management and �'
; Budget under OMB Control Number 1215-0149).
� ,
ic. Each payroll submitted shall be accompanied by a "Statement of �
1 Compliance;' signed by the Contractor or subcontractor or his or her �
� agent who pays or superviscs the payment of the persons employed
t under the contract and shall certify the following:
�
� � '
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(I) That the payro[I for the payrotl period contains t6e -
information required to be maintained under paragraph (3)(a) I��,�
� above and that such information is correct and complete;
� (2) That each taborer and mechanic ,•!{'•
, (including each helper, -
approntice and trainec) emptoyed on the contract during the �-"
payroll period has been paid the Cull weekly wages earned, i•. "
• ' without rebate, either directly or indirectly, and that no f
� deductions have been made either directly or indirectly Crom '.4' '
i tho wages earned, other than permissible deductions as set ��:.
� forth in Regalations 29 CFR Part 3; �,,
3 That each laborer or mechanic has been �'•�` '
� ) paid not less than the i'^-
applicable wage rates and fringe benefits or cash equivalents � -
for the classification of work performed, as specified in the I
� applicable wage determination incorporated into the contract.
� j
: � d. The weekly submission of a properly executed certification set focth
� of the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the"Statement oC Compliance"required
� • by paragraph (3)(c)(2) of this section.
i
� e. The falsification of any of the above cerYifications may subject the
I • Contractor or subcon[ractor to civil or criminal prosecution under
' � Section 1001 of Title 18 and Section 23I of 'i'itle 31 oF the United
States Code. The Contractor or subcontractor shall make the records
required under paragraph(3)(a)of this section available for inspection,
copying or transcription by authorized representa[ives of the Sponsor,
the Federal Aviation Administration or the Department of Labor,and �
shaIl permit such represcntatives [o 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 Federat
agency may,after written notice to the Contractor,Sponsor,applicant �
or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. �
Furthermore, failure to submit the required records upon requcst or i
� to make such records available may be grounds for debarment action
� pursuant to 29 CFR S.12.
..----..�
, 4. Aonrentices and Trainees.
j.
�
a. Aonrentices. 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
appren[iceship program registered with the U.S.Department of Labor, •
Employment and Training Administration, Bureau of Apprenticeship �
and Traiuing, or with a State Apprenticeship Agency recognized by
the Bureau, of if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be eligible for '�r``
..r-� it
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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 thc 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, wha is not registered �•'�'.r•
or otherwise employed as stated above,shall be paid not less than the
applicable wnge rate on the wage determination for the classification
of work actually performed. In addition, any apprentice performing r
work on the job site in excess of the ratio permitted under the #�°
registered program shall be paid not less than the applicable wage !G�:. .
- rate on the wage determination for the work actually performed. `r' �:
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 perccntages 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 [he registered program for the approntice's 1
i
level oC progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shal(
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 fu❑ amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
• . shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or State Apprenticeship
, Agency recognized by the Bureau, withdraws approval of an
' apprenticeship program,the Contractor will no longer be permitted[o �``'
� utilize apprentices at less than the applicable predetermined rate for ;�
the work performed until an acceptable program is approved.
: ib. Trainees. Except as provided in 29 CFR 5.16, trainees will not be
( permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
� registered in a program which has received prior approval,evidenced
i
; 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
''� I approved by the Employment and Training Administration. Every
` ' ""i 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 trainec ,
� program does not mention fringe benefits, trainees shall be paid the ,
� full amount of fringe benefits listed on the wage determination unless
I the Administrator of Wage and Hour Division determines that there
� is an apprenticeship program associated with the corrosponding
� 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
i VI-10 � �'�'-
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in a training plan approved by the Emplayment and Training �:
Administration shall be paid not less than the applicable wage rate ;�
on the wage determination for the classification of work actualiy �` �
;•_..
� performed. [n addition, any trainee performing work on the job site ;:.y y
� in excess oF the ratio permitted under the registered program shall be �
� paid not less than the applicable wage rate on the wage determination
i . for the work actually performed. In the event the Employment and �. '
� Training Administration withdraws approva[ of a training program, �+,
_ _ I the Contractor will no longer be permitted to utilize trainees at less •--
� than tht applicable predetermined rate for the work performed until '�`
� f'•
an acceptable program is approved. ;
c. Eauai Emolovment Onoortanitv. The utilization of apprentices, �,�.' '
� trainees and journeymen under this part shall be in conformity with (<
the equal employment opportunity requirements of Executive Order
I1246, as amended, and 29 CFR Part 30.
S. Camoliance With Coaeland Act Reauirements. The Contractor shall comply
with the requirements oC 29 CFR Part 3, which are incorporated by
_ �
reference in this contract. "
� 6. Subcontracts. The Contractor or subcontractor shall insert in any
� subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and
. � such other clauses as the Federal Aviation Administration may by
appropriate instructions require, and also a clause requiring the
suhcontractors to include these clauses in any lower tier subcontracts.
I The Prime Contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all contract clauses in 29 CFR �
! Part 5.5. �
- =i :I 7. Contract Termination: Debarment. A breach of the contract clauses in
paragraph (1) through (10)of this section and paragraphs (1) through (5) of
� the next section below may be grounds for termination of the contract, and i
for the debarment as a contractor and subcontractor as provided in 29 CFR �
5.12. '
j.
8. Comoliance With Davis-Bacon and Related Act Reauirements. All rulings
°� ` and interpretations of the Davis-Bacon and Related Acts contained in 29 �
� , � CFR Parts 1 and 5 are herein incorporated by raference in this contract.
9. Disoutes Concernine Labor Standards. Disputes arising ovt of the labor
� standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shal( be resolved in
i 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 ihe Contractor (or any oF its subcontractors) and the .
( contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
, «;,:
VI-ll �.
: ��.
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� ',
1. �
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- . .�.:� -'•— � � � . . � � - . � - � - .� � �. � , ... , �} .
-�;5[7� � .. � : � . •.- ., _ .. _ .. . . � . � - - . � . . . � .. ' .
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� l0. Certification of £liaibilitv. ' ',���'�`�
�,.;;..
j (i) By entering into this contract, the Contractor certifies that neither it �'� �`�
nor he or she nor an F��,�.'►�
( ) y person or firm who has an interest in the
' Contractor's firm is a person or firm ineligible to bc awarded Government .�r',.��•��,
contracts by virtue of section 3(a) of the Davis-Bawn Act of 24 CFR ;�
5.12(a)(1). �;
.�� _
'' t.,,
(ii) No part of this contract shall be subcontracted to any person or firm ��'^'�, i
' .
---. - ineligible for award oF a Government contract by virtue of section 3(a) of �`=�'�'�
the Davis-Bacon Act of 29 CFR 5.12(a)(l). �
9:::.,.. ,:
s ��•:
. (iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, l8 U,S.C. 1001. _
E. Contract Work Hours and Safetv Standards •
L Overtime Reauirements. No Contractor or subcontractor contracting for any V
i`•f
. part of the contract work which may require or invoive the emplayment of
laborers or mechanics shall require or permit any such (aborer or mechanic, � •
including watchmen and guards, in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek �,�'
� unless such laborer or mechanic receives compensation at a rate not less than �'
' one and one-half times the basic rate of pay foc all hours worked in excess
• � of forty hours in such workweek. ��
: �
f 2. Violation• Liabilitv for Unnaid Waees• Liauidated Damases. In the event of
� any violation of the clause set forth�in paragraph t above, the Contractor
or any subcontractor responsible therefor shall be liable for the unpaid
{ wages. In addition, such Contractor and subcontractor shalt be liable to the �.
; United States (in the case oF work done under contract for the IIistrict of ��
. ?I Columbia or a territory, to such District or to such territory), for liquidated � �
� damages. Such liquidated damages shall be computed with respect to each
� individual laborer or mechanic, including watchmen and guards, employed
in violation of the clause set Forth in paragraph 1 above, in the sum of $l0
Ifor 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 i above. �
:� + � , .
- "'""� 3. Withholdin for Unoaid Waees and Liouidated Damaees. The Federal !
� I Aviation Administration or the Sponsor shall upon its own action or upon 1
+ ,. written request of an authorized representative of the Department of Labor,
� withhold or cause to be withheld, from any monies payabte on account of
work performed by the Contractor or subcontractor undet any such contract •
� or any other Federal eontract 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 subcontraetor for unpaid wages and liquidated damages as +
fi providcd in the clause set fotth in paragraph 2 above,
• .. � � . . � � �� :.c�..
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..�i5; .,. . _....�. ..._.. . . .. . . � �._ � - �.a:t.4°'.,.:x��Hf:C7?4.;.4::bA�"'i�'iL"?!.fwlYiWrT.cm1!6n::k,ik7SUli'.Ft�`AN.�,. ..,;..i-•
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4. Subcontractors. The Contractor or subcontractor shall insert in any -
subcontracts the clauses set forth io paragraphs t through 4 and also a ' '`�
clause requiring the subcontractor to include these clauses in any lower tier .'��'J
subcontracts. The Prime Contractor shall be responsible for compliance by +.�'�.-•
- � any subcontractor or lower tier subcontractor with the clauses set forth in ? '• '' •
"'� paragraphs I through 4. � ±
I � �:1.'. . .
5. Workina Conditions. No Contractor or subcontractor may roquire any laborer r
� � or mechanic em lo ed in the L'�;
� p y performance of any contract ko work in
' surroundings or under working conditions that are nnsanitary, hazardous or •::
� dangerous to his heaith or safety as determined under construction safety �?' �
and health standards(29 CFR Part 1926) issued by the Department of Labor. �;.�:'
� . i.,�.L,..'.
F. Equal Emolovment Oonortunitv Clause For All onstruction Contracts and j`�.�
I $ubcontracts Exceedin¢ $10.000. During the perEormance of this Contract, the `� �
' Contractor agrces as Follows, except any contracts/subcontracts (or certifications �'c
preliminary thereto)with a state or local govemment or any agency,instrumentality �
or subdivision of such governments which does not participate in work on or under '�
�
the Contract or subcontracL � •.
+
1. The Contractor will not discriminate against any employee or applicant for
employment because of race,color,religion,sex,age,or national origin. The �'
Contractor will take affirmative actian to ensure that applicants are �.F
employed, and that employees are treated during employment without rogard
to their race, color religion, sex or national origin. Such action shall
include, but not be limited to the fotlowing: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or �
termination; rates of pay or other forms of compensation; and selection for
training including apprenticeship. The Contractor agrees to post in r'
conspicuous places, available to employees and applicants for emp(oyment, �;�
i notices to be provided setting forth the provisions of this nondiscrimination
i
clause.
. .'i i
; 2, The Contractor will, in all solicitations or advertisements Cor employees
� placed by or on behalf of the Contractor, state that all qualiFied applicants
; will receive consideration for employment without regard to race, color,
religion, sex, age, or national origin.
3. The Contractor wi❑ send to each labor union or representative of workers
� with which he has a collective bargaining agreement or other contract or
` ""- " ` understandin a notice to be
g, provided advising the said labor union or
worker's representatives of the Contractors' commitments under this section,
and shall post copies of the notice in conspicuous places available to
, employees and applicants for employment.
� � Employment, upgrading, demo[ion, or transfer• recruitment or recruitment � ,
' advertising; layoff or termination; rates of pay or other forms of j
compensation; and selection for training, including apprenticeship. The ,;.
Con[ractor agrees to post in conspicuous places, available to employees and �f
applicants for employment,notices to be provided setting Corth the provision� I'
of this nondiscrimination clause. (�
I.° _
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i VI-13 ' I -
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4. The Contractor witt comply with all provisions of Executive Order 11246 of !" •
September 24, 1965, as amended, and of the rules, regulations and re[evant ;. �'`
orders of the Secretary of Labor.
�:�,.��.�
5. The Contractor will furnish all information and reports required by `.1':�'rM
Executive Order 11246 of September 24, 1965, as amended, and by rules,
regulations and others of the Secretary of Labor, or pursuant, thereto, and � '' '
will permit access to his books, records and accounts by the FAA and the 4�
S�;:
Secretary of Labor for purposes of investigation to ascertain comp[ianee with �;'�.::: r
__ _ such rules, regulations and orders €�=�_7:, -
6. In the event oC the Contractor's noncompliance with the nondiscrimination �'
clauses of this Contract or with'any of the said rutes,regulations or orders, ���'` '
this Contract ma be canceled, terminated or sus ended in whole or in �"'`"'
Y P Part j'v:�� -.
and the Contractor may be deciared ineligible for further Crovernment I, .:
contracYS or Federally assisted construction contracts in accordance with "
procedures authorized in Executive Order 11246 of September 24, 1965, as ``� .
' amended, or by rule, regutatian or order of the Secretary of Labor, or as �,
, otherwise provided by Law.
7. The Contractor will include the portion of the sentence immediateiy �
; preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every �
subcontract or purchase order unless exempted by rules,regulations or orders
; of the Secretary of Labor issued pursuant to Section 204 of Executive Ordor F
11246 of September Z4, 1965, as amended, so that such provisions will ba
; binding upon each subcontractor of Vendor. The Contractor wili take such
, action with respect to any subcontract or purchase order, enforcing such
� provisions, including sanctions for noncompliance; provided, however, that
in the event a Contractor becomes involved in, or is threatened with
' litigation with a subcontractor or Vendor as a result of such direction by ffie t',�
� FAA the Contractor may request the United States to enter into such i:�
litigation with a subcontractor or Vendor as a result oC such direction by the
� ! FAA the Contractor may request the United States to enter into such
' Pitigation to protect the interests of the United States.
: �-G. Disadvantaged Business Enterorises (DBE)
i
� 1. Contractor Resoonsibilities: The Contractor shall agree to the below stated
.�� _ � Department oF Transportation Policy and Disadvantaged Business Enterprises '
- ---- — -� Obligafion and further agree to insert the following clauses a, 6, and c in -
� � any subcontracts.
' a. Policv. It is the po(icy of the Department of Transportation (DOT)
; that Disadvantaged Business Enterprises as defined in 49 CFR Part
� ; 23 shall have the maximum opportunity to participate in the
I perfocmance of contracts financed in whole or in part with Federal ,
ifunds. Consequently, the DBE requirements of 49 CFR Part 23 apply
t to this contract.
� b. DBE Oblieation. The Contractor shalt agree to ensuro that
� Disadvantaged Business Enterprises as defined in 49 CFR Part 23
� have the maximum opportuniry to participate in the performance of
i VI-14 -
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' contracts financed in whole or in part with Federal funds. ; .,
Consequently,the DBE requirements of 49 CFR Part 23 to ensure that j�' :�
Disadvantaged Business Enterprises have the maximum opportuniry to ' �
'' compete for and perform contracts. Contractors shal(not discriminate �����'.�:;�
� ' of the basis of race, color, national origin, or sex in the award and '
j � performance of DOT assisted contracts. ��'-�
�,s'.,�. _Y�.
� a Comoliance. Failure by the Contractor or subcontractors to carry out
1 the DOT Policy and DBE Obligation as set forth above shall �'� 4
constitute a breach of contract which may result in termination of ; .
- � the contract or such other remedy as deemed appropriate by the �
i Sponsor. .,1;:-.:'.
;
2. Documentation. The Contractor shall keep such records as are necessary to
i show compliance with the Sponsor's DBE Program and,on the request of the '
� Sponsor,shall make such records available for review by the Sponsor and the � `
FAA. �'��
i H. Ciean Air and Water Pollution Control Requirements for All Construction Contracts � "
� and Subcontracts Exceedina $100.000.
� Contractors and Subcontractors a¢ree: �.
;,}
� 1. That any facility to be used in the performance of the contract or to benefit
� from the contract is not listed on the Environmental Protection Agency ,
� (EPA) list of Violating Facilities.
a
2. To comply with all the requirements of Section 114 of the Clean Air Act, �
j as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water '��
� Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to
g, reports, and information, as well as all other '�` I
inspection, monitorin entry, F
,i requirements specified in Section 114 and Section 308 oF the Acts,
+ respectively, and all other regulations and guidelines issued thereunder.
� 3. That as a condition for award of a contract they wiil notify the awarding
� official of the receipt of any communication from the EPA indicating that 4
` I a facility to be utilized for performance of or benefit from the contract is i
under consideration to be listed on the EPA List of Violating Facilities.
�a � 4. To include or cause to be included in any contract or subcontract which �;
,I exceeds $100,000 the aforementioned criteria and requirements. ;�
I I. Bondine Clauses for Construction Contracts and Subcontracts. '
I
� . . � 1. The Contractor agrees to Curnish a performance bond for 100 percent of the c �
contract price. This bond is one that is executed in connection with a �'� '
• contract to secure ful£illment of all the Contractor's obligation under such
contract. �
2. The Contractor agrees to furnish a payment bond for 100 percent of the ��,
contract price. This bond is one that is executed in connection with a ��t{ _
`i
. . . � �.t, � I`_
VI-15 I
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contract to assure payment as required by law o£all persons supptying labor �'��`-.".:
and material in the execution of the work provided for in the ContracL �;T:; .�-
J. Bu�American - Steel and Manufactured Products For Construction Contract (Jan
'.��
19 1 �y:;_� •'._.
''.s
1, The Aviation Safety and Capacity Expansion Act of 1990 provides that �:`��-` '. .
preference be given to steel and manufactured products produced in the ;.._, `
United States when funds are expended pursuant to a grant issued under the �..,.. t
�::<
__ Airport Improvement Program. The following terms apply: �:��`'�''
. _ . si?..7:4`-%-
a, Steel and manufactured oroducts. As used in this clause, steel and
manufactured products include (1)steel produced in the United States or (2) ', ;^�'_-: .
a manu£actured product produced in the United States, if the cost of its -
components mined, produced or manufactured in the United States exceeds_
� 60 percent of the cost of all its components and final assembly has taken __ ��; .
� place in the United States. Components of foreign origin of the same class
or kind as the products referred to in subparagraphs (b)(1) or (2) shall be tf
treated as domestic.
' b. Comoonents. As used in this clause,components means those articles, �'1'
, j materiais, and supplies incorporated directly into steel and manufactured �,�.
j products.
I '��
. , a Cost of Comnonents. This means the costs for production of the
components, exclusive of Final assembly labor costs.
�.
2. The successful bidder will be rcquired to assure that only domestic steel and
manufactured products wi[1 be used by the Contractor, subcontractors,
� materialmen,and suppliers in the performance of this contract,except those r.;��
'� ;��.
_ a. that the U.S.Departraent of Transportation has determined, under the
Aviation Safety and Capacity Expansinn Act oF 1990, are not produced in
+ the United States in sufficient and reasonably available quantities and oF a
( satisfactory quality.
� b. that the U.S.Departraent of Transportation has detormined, under the
Aviation Safety and Capacity Expansion Act of 1990, that domestic
� i preference wauld be inconsistent with the public interest; or ' �
_ -- -�
� �'' c. that inclusion of domestic material will increase the cost of the
� overall project contract by more than 25 percent. �
, i Article 6. The Cantractor agreas to accept as his full and only compensation for 1
t the performance of all the work required under this Contract such sum or sums of money
� as may be proper in accordance with the price or prices set forth in the Contractor's
� Proposal attached hereto and made a part hereof covering alt of the items.
Article 7. To the extent allowed by law,the Contractor agrees to indemnify,dcfend �:
i and hold harmless the Sponsor, from any and all claims and damages to property and
injury to persons which may arise both of and during operations under this Contract, �,
' whether such operations be by'the Contractor or by any subcontractor or anyone directly S ;'
1 ;Y:,
; VI-l6 , -
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+ or indirectly employed by the Contractor or any other emp(oyee or person employed or .�
engaged o❑ or about, of in connection with, the construction. ; .�
... y
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' Article 8. Venue and jurisdiction of any action will only be brought in the District ( ,,'r�;r,
Court in and for the Ninth (9th) Judicial District, (Aspen, Pitkin County, Colorado) !'. '
�.,,,,�y
i-
Attornev Fees. Costs, and Exoenses of Litieation. [n the event of a breach of this �>.-.� `':-
agreement, the breaching parry shall pay to the non-breaching party all reasonable �'. r
Attorney fees, cost and other expenses, incurred by the non-breaching party enforcing its �
rights as a result of said breach.
��
The total estimated cost for AIP Project No. 3-OS-0003-t3, Schedule II thereof to be Two I;a `
Hundred Fiftv-Nine Thousand Eiaht Hundred and 00/l00 dollars ($259.800.001. !'��=` '
(: :;"
IN WITNESS WHEREOF,The First Party and the Second Party, respective(y have caused �
this agreement to be duly executed the day and year first herein written in six(6)copies, ;
all of which to all intents and purposts shall be considered as the originaL �
I p1 i ,.
�—�"" 15 SPONSOR, First Party '
ATT T: Pitkin County Board aJ Commissioners �,
- Aspen, Co[orado �
� � By �
I BY j ',� !
{
I
I APPROVED AS TO FORM: BY "�
1 Attorne ��
_ � I ,
. . ..�i . . . . . . �
: a ; CONTRACTOR, Second Party �
i Basalt Conslruclion Co.
1800 Medicine Bow Court # ;
�.�`Ct`5 T F.(/�.i Sill, Colorado 816 .
� �:
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