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CONTRACT AGREEMENT •�'
FOR j•:;;��
, IMPROVEMENTS TO ;,�•:..
ASPEN-PITKIN COUNTY AIRPORT (SARDY FIELD) �ry
ASPEN, COLORADO I � ••
'y AIP PROIECT NO. 3-08-0003-13
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HIS'AGREEMENT, made and entere into this _,��- _��'day of
- -- a �T 19C�y and between the�"Pitkin County Baard of �r
e� Commi�ioners, hereinafter referred to as the "Sponsor" and Elam Constructran, Second i �
Party, hereinafter referred to as the "Contractor:' l��;: .
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� -'3 WITNESSETH: F' �'
��� � �.•
H Article L STATEMENT OF THE WORK. The Contractor shall furnish al( labor [
y and materials and perform all work for improvements to Aspen-Pitkin County Airport v
� (Sardy Field), under AIP Project No. 3-08-0003-13, in strict accordance with the Contract � -::
� it Documents, Plans, and Specifieations dated June 29, I995, prepared by Isbill Associatcs, _ .
� � Inc., for iinprovements to Aspen-Pitkin County Airport (Sardy Field). He shall complete +
� this work within 30 working days From the effective date of the Notice to Proceed. l
.:.} �
a Acticle 2. It is hereby further agreed, that, in consideration of the faithful
i 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 staced ;
; � intervals and in the amounts ccrtified by the Engineer in accordance with the provisions ;
of this Contract.
{
Article 3. It is hereby further agreed, that, in the completion of the work and its �,�
ti � acceptance by the Sponsor all sums due the Contractor by reason of his faithful completion E�
of the work, taking into consideration additions to or deductions from the contract price ,
_ by reason of "Force Account" work authorized under this Cantract in accordance with the �
provisions of this Contract, will be paid tho Contractor by the Sponsor after said �
completion and acceptance. Finai acceptance cannot be made by the Sponsor until any and �
ail proper legal advertisements have been mada
i .
Article 4. It is hereby further agreed that any reference herein to the "Contract"
shall include all"Contract Documents"as the same are listed and described in the General �
� ` Provisions and Proposal oP the Specifications,issued in connection with the improvements
" '---"`-� to Aspen-Pitkin County Airport(Sardy Field),under AIP Project No.3-OS-0003-13,and said
+ �
"Contract Documents" are hereby made a part of this agreement as fully as iF set out at
length herein. �
, Article S. Contract Clauses and Reauirements for Construction Contracts. �
�
� : �
A. General and Labor Clauses for All Construction Contracts and Subcontracts, j
( 1. Airoort [mvrovement Proeram Proiect. The work in this contract is r
l included in Airport Improvement Program Project No. 3-08-0003-13 which is
I being undertaken and accomplished by the Sponsor in accordance with the ' .�.�
terms and conditions of a grant agreement between the Sponsor and the r ;�:�.,
ii. .�;�
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H. Miscellaneous Clause Reauirements for All Con��� ction Contracts and Subc�ntracts �
UnIess Otherwise Indicated. � ,�
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� During the performance of this contract, the Contractor, for itself, its as- " �
.: �.`,_..
� signces and successors in interest(hereinaFter referred to as the"Contractor") +.c't:�
� agrees as follows: '_.; ,.
� I. Comoliance with Reaulations The Cantractor sfiall comply with the ��
_ ,'r� Regulations relative to nondiscrimination in federally assisted programs of
" - - � the Department of Transportation (Titlo 49, Code of Federal Regulations, -
� Part 2l), as they may be amended from time to time, (hereinafter referred �.- �
� to as the Regulations),which are incorporated by reference and made a part �`�
of this contract. �,yi, .
�
� 2. Nondiscrimination. The Con[ractor, with regard to the work performed by
it during the contract, shall not discriminate on the grounds of race, sex,
age,color,or national origin in the selection and retention of subcontractors, � .
� includ'ang procurements of materials and leases oF equipment. The �
• � Contractor shall not participate either directly or indirectly in the � �:; ,
discrimination prohibited by Section 21.5 of the Regulations, including �_
employment practices when the contract covers a progzam set fozth in !
. Appcndix B of the Regulations. ;
3. Solicitations for Subcontractors Includin¢ Procurements of Materials and �
' Eauioment. In all solicitations either by competitive bidding or negotiation i
made by the Contractor for wock to be performed under a subcontract, '
i
including procurements oF inaterials or leases of equipment, each potential
subcontractor or supplier shatl be notified by the Contractor of the !
Contractor's obligations under this contract and the Regulations relative to �
- nondiscrimination on the grounds of race,sex, age, color,or nationa[ origin. �,
P
• 4. �nformation and ReQOrts. The Contractor sh211 provide all information !
and reports required by the Regulations or directive issued pursuant thereto, !
and shall permit access to its books, records, acco¢nts, 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 roquired of a Contractor is in the �
,� exclusive possession of another who fails or refuses to furnish this �
":'!_ information, the Contractor shall so certify to the Sponsor or the FAA as i
�. . appropriate, and shall set forth what efforts it has made to obtain the �
inFoimation. !
, 5, Sanctions for Noncomnliance. In the event of the Contractor's non- �
' � compliance with the nondiscrimination provisions of this contract, the
Sponsor shall impose such contract sanctions as it or the FAA may determine
! to be appropriate, including, but not [imited [o: �
V '
a. Withholding of payments to the Contractor under the contract until
the Contractor complies, and/or
i b. Cancetlation, tcrmination or suspensioa of the contract, in wholc or
� . in part. ;�,,
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� � 6. incorooration of Provisions. The Contractor shall include the provisions of •
� paragraphs 1 through 5 in every subconUact, including procurements of '`�^�
I materials and leases of equipment, unless exempt by the regulations or �' .�l
� dircctives issued pursuant thereto. The Contractor shall take action with y,�`�1,:r
_ ; respect ta any. subcontract or procurement as the Sponsor or the Federal : � :-
IAviation Administration may direct as a means of enforcing such provisions `'' '
including sanctions for noncompliance: Provided,however,that, in the event a,.-.'+:
� a Contractor becomes involved in, or is threatened with, litigation with a f
�:::. . ;
j 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 �;``::
thc Sponsor and, in addition, the Contractor may request the United States �:�',�
to enter into such litigation to protect the interests of the United States.- �
� t :.
7. Breach of Contract Terms-Sanctions. Any violation or breach of the terms '�'~l
of this contract on the part oF the Contractor/Subcontractor may result in S` `�
the suspension or termination of this contract or such other action which !?� '
may 6e necessary to enforce the rights of the parties of this agreement. The
terms and conditions of paragraph 80-09 oF the General Provisions of these �i
Contract Documonts are hereby made a part of this agreement as fully as if s °
set out at length herein. y '
� ` 8. Contract Termination. (For cont[acts in excess of $10,000J This contract
1 may be terminated by the Sponsor for default or any other conditions or �'_
� circumstances beyond the cantrol of the ConYractor. Termination conditions, �
the manner by which it will be effected and the basis for settlement aro as
• Eollows:
- °In the event that the Sponsor is prohibited from completing the project
�.
6ecause oC conditions or circumstances beyond the contcal of either the ;�
Sponsor or the Contractor such as, but not limited to, an£xecutive Order of
the President with respect to the prosecution of war or in the interest of
national defense or an order of any State or Federal Court permanently
prohibiting the construction of the project, the Sponsor, acting by and
- through its Airport Manager, may terminate the Contract or portion thereof
___ by giving at least ten (10) days written notice thereof to the Contractor.
When the Contract, or any portion thereof, is terminated befora completion � '
oF all items of work in the Contract, payment will be made for the actual ; •
number of units or items of work completed at the Contract price. On items
� ' or units which are only partially completed, payment wiil be made in
,. _ _ proportion to the completed wnrk as determined by tho Engineer in his sole
� and absolute discretion, bears to the total bid price. Acceptable materials,
- obtained or ordered in the work at the time o£such termination,shall at the 4
option of the Sponsor be purchased from the Contractor at ac[ual 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 Contcactor in the event of termination of the Contract because of
! conditions or circumstances beyond the control of either party. Loss of
� anticipated profits shall not be considered. It is also the intent oF this
jprovision that a settlement for the work performed shall not relieve the :; �:M;
� Contractor or his surety from responsibility for defective work and/or �, '�•
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materials on the�completed portion of the work, nor for labor and materials ,�: �
�; as expressed in the surety bond or bonds. The Airport Manager or his • '
� authorized representatives shall be given futi access to ail books, �,:-'��
; correspondence and papers of the Contractor relating to this Contract in ',:-i:
"� ordec to determine the amounts to be paid on account of the termination oF
the Contract" �="'
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9. Riehts to Inventions - Materials. (For contracts or agreements involving �
imported products, processes, methods, etcJ All rights to inventions and �'?". •'
- materiats generated under this contract are subject to regulations issued by °
the FAA and the recipient of the Federal grant under which this contract - �:. :
is executed. Information regarding these rights is avaiiable from the FAA. �
. and the Sponsor,
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C. Access to Documents. Records. Etc. _ 3`..
-- �'
1. For All Cost Reimbursement Tvne of Contracts.
• : � �
The Contractor shall maintain an acceptable cost accounting system. .The � '` �
Sponsor, the Administrator af the FAA and the Comp[roller General of the �'
- - United States, or an authorized representative of either, shall be allowed ;
access to the Contractor's records which are pertinent to the contract for the
purpose of accountiag and audit. The Conttactor shall maintaia all required
records for three years after the Sponsor makes final payment and all other
- ending matters are closed.
, 2. For Ali Neeotiated Coniracts in Ezcess of St0.000.
_
The Contractor shall maintain an acceptable cost accounting system. The �',
Sponsor, the FAA, the Comptroller General of the United States, or any of �.
their duly authorized representatives, shall be allowed access to any books,
_ � docttments,papers and records of the Contracior which are directly pertinent ;
to an AIP project(s) for the purpose of making audit, examination, excerpts j
and transcriptions. The Contractor shali maintain alt requircd rewards £or t
three years after the Sponsor makes final payment and all other pending �
: matters are closed. �
s .
D. Labor Contract Clauses for All Construction Contracts and Subcontracts in £xcess � '
�.'-- - of $2.00a. !
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1. Ivlinimum Waees. � "
�
a. All laborers and mechanics employed or working on the site of the I
, work wiit be paid anconditionally and not less often than once a �
week, and without subsequent deduction or rebate on any account ; �
(except such payroll deductions as aro permitted by the Secretary of i !':'
Labor under the Copeland Act (29 CFR Part 3)), the full amount of �
wages and bona Fid� fringe benefits (or cash equivalent thcreof)due � "
at time of payment computed at rates not loss than those containcd
- in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof,regardiess of any contractua2 �;t;
relationship which may be alleged to exist between the Contractor and �,;:
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such laborers and mechanics. Coatributions made or costs reasonably ! ���"_ ..
anticipated for bona fide fringe benefits under section (b)(2) of thc " • '
Davis-Bacon Act on behalf of laborors or mechanics are considered •�'�" ��'�
wages paid to laborers or mechanics, subject to the provisions of �� '•��
paragraph (i)(iv) of this section; also, regular contributions made or `�.y;� '"
costs incurred for more than a weekly period. (but not less often '�y'�
than quarterly} under plans, funds, or programs which cover the `{ `'<�,:.' '�
� particular weekly period, are deemed to be constructively made or ' §���:._, . .r
' incurred during such weekly period. Such laborers and mechanics �
-''; shall be paid the appropriate wage rate and Fringe benefits on the �;�
� wage detercc[inatian for the classification oF work actuatly fa �',;: ;
j performed,without regard to skill,except as provided in 29 CFR Part t* � '
5.5(a)(4}. Laborers or mechanics performing work in more than one �i �,i �'
classification may be compensated at the rate specified For each �,'�' '• -
� classification for the time actually worked therein: Provided,that the -�
employer's payroll records accurately set Corth the time sent in each �``
classification in which work is petformed. The wage determination �P?-.�i'
(inctuding any additional classification and wage rates conformed �^F"�•�
under (1)(ii} of this section and the Davis-Hacon poster (WH-1321)
shall be posted all times by the Contractor and its subcontractors at ` '
the site of the wozk in a prominent and accessibie ptace whero it can
easily be seen by the workers. ?`dn:
b. The contracting ot'ficer shall require ihat any class of laborers or , •�;
• . mechanics which is not listed in the wage determination and which
is to be employed under the contract shall be classified in
� conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe ,_
benefits therefore only when the following criteria have been met:
�.;.�_�.
(i) The work to be performed by the ctassification requosted is �`•�
, not performed by a classification in the wage determinations;
_ and
..--. (2) The ctassification is utilized in the area by the constructian :
_. industry; and
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j:c _ {3) The proposed wage rate, including any bona Fide fringe
"� - _. benefits, bears a reasonable relationship to the wage rates '
�y� contained in the wags determination. �
._ �
_•.-_ a If the Contractor and the laborers and mechanics to be employed in �;
� _-- the classiCication (if known), or their representatives, and the
� ' contracting officer agree on the classification and wage zate �.
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
, . contracting oFficer to the Administrator of the Wage and Hour � �
Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized
i representative, will approve, modify, or disapprove every additional
� classiFieation action within 30 days oF receipt and so advise the
i contracting officer or will notify the contracting officer within the -`^'�
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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- so r
�z 0140)• `.�.�
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. d " d. In the event the Contractor,the laborers or mechanics ta be employed ;;;:y-r,
'. � in the classification, or their representatives, and the contracting '
� officer do not agree on the proposed classification and wage rate i ,
� (including the amount designated for fringe bcnefits where ( •
appropriate), the contracting officer shatl roCcr the questions, `,;- �
including the views of ali interosted parties and the recommendation
of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue.a t f
5 determination within 30 days of receipt and so advise the contracting
. officer or will notiCy the contracting officer within the 30-day period �;��
that additional time is necessary. (Approved by the OFfice of !
Managemen[ and Budget under OMB Control Number 12I5-OI40). _... i�'
�
� e. The wage rate (including fringe benefits where appropriate)
determined p�rsuant Lo subparagraphs(1)(c)or (d) of this paragraph, ti
� � shall be paid to a!1 workers performing work in the classification
under this contract from the first day on which work is performed
in the classification.
f. Whenever the minimum wage rate prescribed in the contract for a �
' class of laborers or mechanics includes a fringe benefit which is not ;
expressed as an hourly rate, the Contractor shall either Aay the
beneFit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
g. If the Contractor does not make payments to a trustee or other third �
person, the Contractor may consider as part of the wages of any
,� laborer or mechanic the amount of any costs reasonably anticipated �
in providing bona fide fringe benefits under a plan or program, �
provided that the Secretary of Labor has found, upon the writteri '
request of the Contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the �. .
Contractor to set as in a separate account assets for the meeting of
obligations under the pian or program. (Approved by the Office of �
Management and Budget under OMB Control Number 1215-0140). i�
�
� ?.� 2. Withholdine. The Federal Aviation Administration or the Sponsor shall upon �
its own action or upon written request of an authorized representative of the !
,Y� Department of Labor withhold or cause to be withheld from the Contractor {
under this contract or any other Federal contract with the same Prime
, Contractor, or any other Federally-assisted contract subject to Davis-Bacon �
1 prevailing wage requirements, which is held by the same Prime Contractor, I .�:
so much of the accrued payments or advances as may be considered j ;
necessary to pay laborers and mechanics,including apprentices,trainees,and
�' helpers, employed by the Contractor or any subcontractor, the full amount
of wages required by the contract. In the evcnt of failure to pay any
j laborer or mechanic, including any apprentice, trainee, or helper, employed ,
I or working on the site of work, ail or part of [he wages required by the `
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{ contract, the Federai Aviation Administration may, after written notice fo Y s°
� 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 Cunds until such violations have ceased. ` " ":��J
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3. Pavroll and Basic Records. s ;u. `�y r.:
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a. Payrolls and basic records relating thereto shall be maintained by the ' �'`�� •,�"s.
Contractor during the course of the work and preserved for a period � S - f
_.- of three years thereafter for all laborers and mechanics working at � � ' �
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the site of the work. Such records shall contain the name, address, s :':'_;:'•=_
and social security number of each such worker, his or her correct �' �" "�'
� classification, hour[y rates of wages paid (including rates of � � ,+ -
contributians or costs anticipated for bona tide frin � benefits or �">
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cash equivalents thereoE as descri6ed in 1(b)(Z)(B}of the Davis-Bacon �.�
Act),daily and weekly number of hours worked,doductions made and �'s� y
actual wages paid. Whenever the Secrotary of labor has found under i ¢t; �
29 CFR 5.5 a 1 iv that the wa es of an laborer or mechanic `7-`'
( )( )(' ) g Y i'.�,ti�'t
include the amount of any costs reasonably anYicipated in providing ;a�'
benefits under a plan or program described in section l(b)(2)(B) of �- � '
the Davis-Bacon Act, the Contractor shall maintain records which �
show that the commitment to provide such bene[its is enforceabie, .'a,�y'G
that the plan ar program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or
the actual costs incurred in providing such benefits. Contractors '
, employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs,the registration of tho
' apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs. (Approved by the Office of Management '.`=ji
and Budget under OMB Control Numbers 1215-0140 and 1215-0017). `'z
tj
b. The Contractor shall submit weekly, for each week in which any
•- contraet work is performed, a copy of all payrolls to the applicant,
--- Sponsor,ot owner,as the case maybe, for transmission to the Federal ��,
- Aviation Administration. The payrolls submitted shall set out
accurately and complete[y all of the inFormation required to be
r� maintained under paragraph (3)(a) above. This information may be
---{ submitted in any form desired. Optional Form WH-347 is availabie ��
� Cor this purpose and may be purchased from the Superintendent of ;
� --- Documents(Federal Stock Number 029-005-00014-1),U.S. Government `
Printing Office, Washington, D.C. 20402. The Prime Contractor is j�
� responsible for the submission of copies af Rayrolls by all .'t
� suboontractors. (Approved by the Office of the Management and
� Budget under OMB Control Number 1215-0149). +: / ,
►•'
c. Each payroll submitted shall be accompanied by a "Statement of '
Compliance," signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify the foltowing: �'
�LL.
' � VI-8 � '
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(l) That the payroll for the payroll period contains the c-�,
� inFarmation reqnired to be maintained under paragraph(3)(a) '• ;��
�� above and that such information is correct and complete; i� .'._,
� .' ' t,•
2 That each taborer and mechanic p � ,� � r
;; { ) (inc(uding each hel er, { -:.-�
� apprentice and trainee) employed on the contract during the , 5
� payroll period has been paid the full weekly wages earncd, � ; �
without rebate, either directly or indirectly, and that no ;x "
_ _-W deductions have been made either directly or indirectly from
� the wages earned, othar than permissible deductions as set K
`r:`
� forth in Rcgulations 29 CFR Part 3; �
f i,•
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(3) That each laborer or mechanic has been paid not less than the
� applicable wage rates and fringe benefits or cash equivalents �
for the classiCication of work performed, as specified in the
� app[icable wage determination incorporated into the contract.. _ k
. � ,�
d. The weekly submission of a properly executed cectification set forth �; :
� of the zeverse side of Optional Form WH-347 shall satisfy the.
--.4 requirement for submission ot the"Statement of Compliance"required .
k
by paragraph (3)(c)(2) of this section.
� e. The £alsification of any of the above certifications may subject thc �'
, Contractor or subcontractor to civil or crimina( prosecution under �
Section 1001 of Title 18 and Section 231 of Title 3l oF the United
States Code. The Contracior or subcontractor shall make the records
roquired undet paragraph(3)(a)of this seckion available for inspection,
copying or transcription by authorized reprosentatives of the Sponsor,
' the Federal Aviatioa Administration or the Department of Labar,and
, shall permit such representatives to interview employees during
_ ;g working hours on the job. If the Contractor or subcontractor fails to
submit the required records or to make them available, the Federal
agency may,aCter 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 guarant�e of funds.
Furthermore, failure to submit the required records upon request or � '.
to make such records available may be grounds for debarment action r; .
� pursuant to 29 CFR 5.12. �-
�
4. Aourentices and Trainees.
a. Anorentices. Apprentices will be permitted to work at less than the �
predetermined rate for the work they per(ormed when they are
1� employed pursuant to and individually registcred in a bona fide i
apprenticeship program registered with the U.S.Department of Labor, � `•
- Employment and Training Administration, Bureau of Apprenticeship ' 1
� and Training, or with a State Apprenticeship Agency recognized by i �.
j the Bureau, oF if a person is employed in his or her first 90 days of
i probationary employment as an apprentice in such an apprenticeship �
program, who is not individually registered in the program, but who ' 4,.'
� has been certiCied by the Bureau of Apprenticeship and Training or k '
a State Appcenticeship Agency (where appropriate) to be eligible for :�i
1
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probationary employment as an apprentice. The a(Iowable ratio of
apprentices to journeymen ort the job site in any craft classification y,�
shall not be greater than the ratio permitted to the Conttactor as to
the entire work force under the registered program, Any wotker ;:y-rr
listed on a payroll at an apprentice wage ratc, who is not rogistered �,':
or otherwise empioyed as stated a6ove,shalt be paid not iess than the �
applicabte wage rate on the wage determination for the classification 3� "
oC work actually performed. In addition, any apprentice performing f
_ work on the job site in excess of the ratio permitted under the �'•
"- - registered program shall be paid not less than the applicable wage
rate on thc wage determination for the work actually performed. �:.'
; Where a Contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios.. �.�,�"
and wage rates (expressed in percentages of the journeyman's hourly 1
� rate) specified in the Contractor's or subcontractor's registerod
4_I program shall be observed. Every apprentice must be paid at not less �
1 than the rate specified in the registered program for the apprentice's j
� levcl of pcogress, expressed as a perccntage of the journeymen hourly..
t; :
. ' rate specified in the applicable wage determination. Apprentices shall �
.� be paid fringe benefits, in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not '
I specify fringe benefits apprentices must be paid the full amount of ;
Cringe benetits listed on the wage Qetermination for the applicable !
� classification. IF the Administrator determines that a different i
practice prevails Cor 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
apprenticcship program,the Contractor will no longer be permitted to
utilize apprentices at less than the appticable predetermined rate far
�_ : the work performed until an acceptable program is approved.
b. Trainees. Except as provided in 29 CFR 5.16, trainees will not be
� _ permitted to work at less than the predetermined rate for the work
.�. performed unlcss they are employed pursuant to and individually
registered in a program which has received prior approval,evidenced ;
_ by formal certiFication by the U.S.Department of Labor,Employment
and Training Administration. The ratio of trainees to journeymen on �
� the job site shall not be greater than permitted under the plan � '
i : -. approved by the Employment and Training Administration. Every '
trainee must be �
paid at not less than the rate specified in the
�^�1 approved program for the trainee's level of progress, expressed as a
_- percentage oC the joutneyman hourly rate specified in the applicable
• wage determination. Trainees shall 6e paid fringe benefits in �:
accocdance with the provisions of the trainee program. If the trainee '`
program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless
the Administrator of Wage and Iiour Division detecmines that there
is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination Which provides for
: less than full fringe benefits for apprentices. Any employee listed on "��
" the payroll at a trainee rate who is not registered and participating �,::
`' VI-10 i
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�'4`�. �.��!�r.�'9k��fT�;�,}t+a ��`�.'��..'.I_�t:' �..�_. �'V'N- � . �r;'�"�,�. .�ee+ri3'Y..^.��ut�S�.�'�?'�i�,I�W'Pl��'�IPb4YtS�Y�tf4.r�'A':'rt ���"�
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in a training plan approved by the Employment and Training ;�' �
::i Administration shali be paid not less than the applicable wage rate ;',� '
on the wage determination for the classification of work actually �-':�
- � . performed. In addition, any trainee performing work on the job site a
in excess of the ratio permitted under the registered program shall be �' .;''
� paid not less than the applicable wage rate on the wage determination �'
� for the work actually performed. In the event the Employment and i " "'
� Training Administration withdraws approval of a training program, !
.-�� the Contractor will no longer be permitted to utilize trainees at less
..__ a than the applicable predgtermined rate for the work perFormed until
� an acceptable program is approved. �
� �
_ c. Eaual Emotovment Oonortunitv. The utilization of apprentices;
' trainees and journeymen under this part shall be in conFormity with i ��
the equal employment opportunity requirements of Executive Order.
11246, as amended, and 29 CFR Part 30. _
_ i.
5. - Comoliance With Cooeland Act Reauirements. The Contractor shall comply t
with the rtquirements of 29 CFR Part 3, which are incorporated by � ' '
' reference in this contract. j
6. ,�ubconUacts. The Contractor or subcontractor shall insert in any j
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 j
• appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontzacts. ;
�
The Prime Contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all eontract clauses in 29 CFR �
Part 5.5.
t
r3 7. Contract Termination: Debarment. A breach of the contract ciauses in ?
paragraph(1) through (l0) of this scction and paragraphs (I) through (5) of
the next section below may be grounds for termination of the contract, and �
` for the debarment as a contractor and subcontractor as provided in 29 CFR �
5.12. i
8. Comoliance With Davis-Bacon and Related Act Reauirements. All rulings I '
,�, , and interprotations of the Davis-Bacon and Related Acts contained in 29 (
--- - CFR Parts 1 and 5 are herein incorporated by reference in this contract. (
� i �
'{ 9. Disnutes Concernina Labor Standards. Disputes arising out of the labor
�
standards provisions of this contract shall not be subject to the general �
=- ! disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set Forth in 29 '
CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include ��':',
disputes between the Contractor (or any of its subcontractors) and the
con[racting agency, the U.S. Department of Labor, or the employees or their �
representatives.
.. � . � � . � . . � � � �"'e
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10. Certification of Elieibilitv. 4� '`-.?
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{�T'�
_ (i) By entering into this contract, the Contractor certifies that neither it p .;..�i,�
(nor he or she) nor any person or firm who has an interost in the ' '
... �y,r,,,�•'_,.
Contractor's firm is a person or firm ineligible to be awarded Government , r. ,
contracts by virtue of section 3(a) of the Davis-Bacon Act of 29 CFR � c . �
5.12(a)(I}.
L r
(ii) No part of this contract shall be subcontracted to any person or firm r
ineligible for award of a Gnvernment contract by virtue of section 3(a) of �
-. the Davis-Bacon Act of 29 CFR 5.12(a)(1). „x..�� •�
>r.-; :
(iii) The penalty for making false statements is prescribed in the U.S. '�j ;
- Criminal Code, 18 U.S.C. 1001. _
. E. Contract Work Hours and Safetv Standards �• Iw `,
1. Overtime Reauirements. No Contractor ar su6contractor contracting for any ' ?�
part of the contract work which may require or involve the employment of ,
laborers or mechanics shall require or permit any such laborer or mechanic, �;,. �
including watchmen and guards, in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek !
unless such laborer or mechanic receives compensation at a rate not less than ;
ione and one-half times the basic rate ol pay for all hours worked in excess j`?
i of forty hours in such workweek.
I
'� 2. VioJation•Liabilitv for Unoaid Waaes:Liauidated Damaaes. In the event of
any violation of the clause set forth in paragraph 1 above, the Contractor �
or any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such Contractor and subcontractor shall be liable to the ,:rT
United States (in the case of work done under contract For the District of
Columbia or a territory,to such District or to such territory), For liquidated
- damages. Such liquidated damages shall be computed with respect to each
individual iaborer or mechanic, including watchmen and guards, employed
� in violation of the clause set forth in paragraph 1 above, in the sum of $10
-_ for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in paragraph 1 abovc.
_ � I '
�' 3. Withholdin¢ for Unoaid WaQes and Liouidated Damages. The Federal r
�. Aviation Administration or the Sponsor shali upon ifs own action or upon
written request of an authorized representative of tha Department of Labor, ��'
_- withhold or cause to be withhetd, from any monies payabie on account of �
- . work performed by the Contractor or subcontractor under any such contract
or any other Federal contract with the same prime Contractor,or any other �
� Federally-assisted contract subjcct 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 ]iabilities of sueh
Contractor or subcontractar For unpaid wages and tiquidated damages as
provided in the clause set forth in paragraph 2 above.
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4. Subcontractors, The Contractor or subcontractor shall insert in any -�;
subcontracts the clauses set forth in paragraphs 1 through 4 and also a �...�:�
- `r clause requiring the subcontractor to include these clauses in any lower tier
`' subcontracts. The Prime Contractor shall be responsible for compliance by �. ..+,,
' ` any subcontractor or lower tier subcontractor with the clauses set forth in
� �.,,._,.
paragraphs 1 through 4. ;,;
,� f,
5. Workina Conditions. No Contractor or subcontractor may require any laborer �t '
� or mechanic employed in the performance of any contract to work in
-- � surroundings or undcr working conditions that are unsanitary, hazardous or �;i.- �
9 dangerous to his health or safety as dctermined under construction safety
� and health standards(29 CFR Part 1926) issued by the Department of Labor. ^( .
jF. EcLU�I Emotovment Oonortunitv Clause For All Construction Contracts and i•.+r
( Subcontra ts Exceedine $IOQUO During the performance of this Contract, the �;;
s Contractor agrees as follows, except any contracts/subcontracts (or certifications _ �
preliminary thereto)with a state or local government or any agency,instrumentality � .
or subdivision of such governments which does not participate in work on or under -! �
;
the Contract or subcontract.
. ' '
� 1. The Contractor will not discriminate against any emplayec or applicant for �
employmant because of cace,color,religion,sez,age,or national origin. The
Contractor will take affirmative action to ensure that applicants are i
employed,and that employees are treated during employment without regard �
• to their race, color religion, sex or national origin. Such action shall
include, but not be limited to the following: employment, upgrading,
• demotion, or transfer; recruitment or recruitment advertising; layoff or �
termination; rates of pay or other forms of compensation; and selection for �
training inaluding apprenticeship. The Contractor agcces to post in �
� conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination ;
' '-'+ clause.
!
2. The Contractor will, in all solicitations or advertisements for employees �
placed by or on behalf of the Contractor, state that all qualified applicanis i .
will recoive consideration for empioyment without regard to race, color, � .
roligion, sex, age, or national origin. °
�'
'�. 3. The Contractor will send ro each labor union or representative of workers �
'---+-- with which he has a collective bargaining agreement or other contract or ? _
understanding, a notice to 6e provided advising the said labor union or ;
worker's representativos of the Contractors' commitments under this section, ;
and shail post wpies of the notice in eonspicuous places available to �
employees and applicants for employment. '
�
; Employment, upgrading, demotion, or transfet; recruitment or recruitment � ,..i
� advertising; layoff or termination; rates of pay or other forms of ; .
ii compensati0n; and selection for traiuing, including apprenticeship. The
j Contractor agrees to post in conspicuous placos, available to employees and
i applicants for employment,notices to be provided sotting forth the provision .
of this nondiscrimination clause. � �;
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4. The Contractor witl comply with all provisions of Ezecutive Order 11246 of � '-
September 24, 1965, as amended, and of the rules, regulations and relevant ;:,,'
orders of the Secretary of Labor. +' ;�
_ .• 1
5. The Contractor will Furnish all inFormation and reports required by z�'�y:�ly
Executive Order l 1246 oF September 24, 1965, as amnnded, and by ru[es, � ,. •.
regulations and others of the Secretary of Labor, or pursuant, thereto, and t(.-
,� witl permit access to his books, records and accouats by the FAA and the
3�:'r ' �
Secretary of Labor for purposes of investigatinn to ascertain complianee with �=::
_ _ � such rules, regulations and orders. i y'
6. In thc ovtnt of the Contractor's noncompliance with the nondiscrimination �'�' .
clauses of this Contract or with any of the said rules, regulations or orders, E
" this Contract may be canceled, terminated or suspendcd in whole or in part �"'
: and tho Contractor may be declared ineligible for further Government � .
� contracts or Federally assisted construction contracts in accordancc with
� procedures authorized in Executive Order 11246 oF September 24, l965, as �
- amended, or by rule, regulation or order of the Secretary of Labor, or as
otherwise provided by Law. ___
-- . ,� . . . ; ,v�,
• 7. The Contractor will include the portion of the sentence immediately � "
preceding paragraph i and the provisions of paragraphs 1 through 7 in every
subcontract or purchase order unless exempted by rules,regulations nr orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order
� 11246 of September 24, 1965, as amended, so that such provisions will be
`� binding upon each subcontractor of Vendoc The Contractor wi(1 take such ;
jaction wi[h 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 af such dircction by the t.,.
FAA the Contractor may request tfie United States to enter inta such i�;
_ �, _� litigation with a subcontraetor or Vendor as a result of such direction by the �
FAA the Contractor may request the United States to enter into such I
- � li[igation to protec[ the interesfs of the United States.
�-G. Disadvantaeed Business Enterorises (DBE) I
� .
_.__ l. Contractor Resoonsibilities: The Contractor shall agree to the below stated j
;+� Department oF Transportation Policy and Disadvantaged Business Enterpzises � �
'-'-�'�'— Obligation and further agree to insert the following clauses a, b, and c in �
any subcontracts. i,
. . :i � � . . � � . . . ; �.
- a. Policv. It is the policy of the Department of Transportation (DOT)
, - that Disadvantaged Business Enterprises as defined in 49 CFR Part '
� 23 shall have the maximum opportunity ta participate in the
performance of contracts financed in whole or in part with Federal
� funds. ConsequenYly, the DBE requirements of 49 CFR Part 23 apply ;r
� ta this contract. �
ib. DBE Obliaation. The Contractar shall agree to ensure that �
Disadvantaged Business Enterprises as defined in 49 CFR Part 23 j
have the maximum opportunity to participate in the perCormance of f '
. . . . . � - . i ��>;
" � � VI-14 � '
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. �:
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�' contracts financed in whole or in part with Federal funds. ,': _�.'�
'.i Consequently,the DBE requirements of 49 CFR Part 23 to ensure that '
: t Disadvantaged Susiness Enterprises have the maximum opportunity to �'::�'�
� compete for and perform contracts. Contractors shall not discriminate ��'_'.i r,
�� of tht basis of race, color, national origin, or sex in the award and �:
performance of DOT assisted contracts. �.`"•'
' �>:.`. `.
c. Comoliance. Failure by the Contractor or subcontractors to carry out !;_; ,�
the DOT Policy and DBE Obligation as set forth above shall [`"� .
$
- constitute a breach of contract which may result in termination of
the contract or such other remedy as deemed appropriate by the 4"' '
Sponsor. _ � { `
_ £�I-`,'_ :
2. Documetttation. The Contractor shall keep such records as are necessary to �
show compliance with the Sponsor's DBE Program and,on the request of the r.
Spoasor,shail make such records available for roview by the Sponsor and the -- t�
FAA.
�
_ H. C(ean Air and Water Pollution Controt Reauiremants for Ati Construciion ontract { �'
and Subcontracts Exceedine $100.000. !.
Contractors and Subcontractor�aeree• P'
1. That any facility to be used in the performance oF the contract or to benefit �
from the contract is nat listed on the Environmental Proteetion Agency i
(EPA) list of Violating Facilities.
, i
2. To comply with all the requiroments of Section 114 of the Clean Air Act, �
as amended, 42 U.S.C. 1857 et scq. and Section 308 of the Federal Water
Pollution Control Act, as amonded, 33 U.S.C. 1251 et seq. relating to ��.y
inspectivn, monitoring, entry, reports, and information, as well as all other ,
requirements specifitd in Section 114 and Section 308 of the Acts, j -
respectively, and all other regulations and guideiines issued thereunder. i
�
,
- 3. ThaY as a condition for award of a contract they will notify the awarding �
official of the zeceipt of any communication from the EPA indicating that
a facility ta be utilized For performance of or benefit from the contract is �
under consideration to be listed on the EPA List of Violating Facilities, �: '
�� � ` 4. To include or cause to be included in any contract or subconiract which �
exceeds 5100,000 the aforementioned criteria and requirements. � :
i
I. �ondin¢ Ctauses for Construction Contracts and Subcontracts. �
i L The Contractor agrees to furnish a performance bond fot 200 percent of the �
cantract price. This bond is one that is executed in connection with a � �.'
! contract to secure fulfiliment of all the ContractoPs obligation under such ;
contract. I
� '
� 2. The Contractor agrces to Curnish a payment bond For IOD percont of the �
: j contract price. This bond is one that is executed in connection with a � 1�_'
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contract to assuro payment as required by law oF a11 persons supplying labor �^ .
and material in the execution of the work provided for in the Contract. - •
} '�3. .
J. Buv American - Steel and Manufactured Products for Construction Contracts (Jan `��-'��
I ( �'�.'q, .
1. The Aviation Safety and Capacity Expansion Act of 1990 provides that �� � ,'fj
preference be given to steel and manuFactured products produced in the :
United States when funds are expended pursuant to a grant issued under the �. f
� Airport Improvement Program. The foitowing terms apply: n
i a. Steel and manufactured oroducts. As used in this clause, steel and ( r `
' manufactured products include (1)steel produced in the United States or(2) � j
i a manufactured Product produced in the United States, if the cost of its � 1 �
� componeats mined, produced or manufactured in thc United States exceeds
� 60 percent of the cost of all its components and final assembly has taken : �;..`'
place in the United States. Components of Coreign origin of the same ctass j'a
� or kind as the products referred to in subparagraphs (b)(1) or (2) shall be
treated as domestic. r
� i ;
• � b. Comoonents. As used in this clause, components means those articles, �. -
i materials, and supplies incorporated direct}y into steel and manufaetured
, � products. �^
_ � , t}
� ' c. Cost of Comoonents. This means the costs for production of the
i components, exclusive oF final assembly labor costs. (
!
' I2. The successful bidder will be required to assure that onty domestic stcel aad
i manufactured products will be used by the Contractor, subcontractors, �
i materialmen,and suppliers in the performance oF this contract,except those �
,�
a. that the U.S.Department of Transportation has determined,under the
.a ! :Aviation Safety and Capacity Expansion Act of I990, are not produced in
' " the United States in suffieient and reasonably available quantities and of a
satisfactory quality.
+ b. that the U.S.Department of Transportation has determined,under the
Aviation Safety and Capacity Expansion Act of 1990, that domestic
preFerenc� would be inconsistent with the public interest; or ` ' �
�`_ c. . that inclusion of domestic material will increase the cost of the
� J overall pcoject contract by more than 25 percent. � '
Article 6. The Contractor agrees to accept as his full and only compertsation for �
the performance of all the work required undcr this Contract such sum or sums of money
' � as may be proper in accordancc with the price or prices set forth in the Contractor's
Proposal attached hereto and made a part hereo£ covering all of the items. � r �
� Article 7. To the eztent allowed by law,thc Contractor agrees to indemnify,defend
and hold harmless the Sponsor, from any and all claims and damages to property and �'
injury to persons which may arise both of and during operations under this Contract,
whether such operations be by the Contractor or by any subcontractor or anyone directly y;'
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or indirectly employed by the Contractor or any other employee or person employed or i `V
;� engaged on or about, of in connection with, the construction. �::,-
. i
Article 8. Venue and jurisdiction of any action will only be brought in the District �"�'"��
�; Court in and for the Ninth (9th) ludicial District, (Aspen, Pitkin County, Colorado) �"�.�:y.r�
� i��;.:�:
�' Attornev Fees Costs and Exoenses of Litication In the event of a breach of this
� agreement, the breaching part shall - s`'
y pay to the non-bteaching party all reasonable s , f
Attorney fees, cost and other expenses, incurrod by the non-breaching party enforcing its ,.- :
� rights as a result of said breach. ( ;
_ _ 'i� c� -
� The total estimated cost for AIP Project No. 3-OS-0003-13,Schedules IA and IB, thereof to
� be Eieht Hundred Sixtv-Nine.Nine Hundrod Ninetv-Four and 75/100 dollars($869.994.75):.
+'��
fr;
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused.
this agreement to be duly executed thc day and year first herein written in six (6)copies,.
all of which to al! intents and �`�'
purposes s�l be considered as the originel.
� �-�'�^ ae�E��J 1� cs SPONSOR, First Party ��
; ..h ,
ATT S Pitkin County Board oJ Commissioners ". �
� `�,�tt Cop�� / Aspen. Coforado
� 4 Y�T � I : :
= SEhL By n,��� i'�
w � � �j�
C�LORA�.� � .
� APPROVED AS TO FORM:
Attorn
CONTRACTOR, Second Party
Elam Construction
7911 Upper River Road : �
Wood y Creek orad o 8165;Q a r H a j r, j
� ���f a7�.z�� � ,, ' ; .
A B By � ` � " h ` '
�. Robert E. Lemke Harold F. Elam i,;� ' f
,: ;.�� 11� .,� ,.
Title Assistant Secretarv Title President j' �
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L'�y 9702454116 ELfaM—GRJT F-886 T-097 P-003 AUG 31 '95 09:38 4 � � �"�
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ASPEN-PITKIN AIRPORT - ,�.-"'�
AIP NtO.3-08-0063-13 '.-;''�:.,�.i r,
SUPPLEMENTAL AGREEMFNT NO. ONE `i;:: ,< ,-.
- SCHEDULE IA ;j-.�; ;:
FSTIhfATED 2"OV'ERL.A'Y D�:bTJCTS " r
• ;:f.:,,f:
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� Item Descripdon Deduu �
! P-14Ua AsQhalt Pavement Removal(Parcial) � � -
{ 82,821 S.F.f9=9,200 S.Y. (x)$3.75 $34,500_00 �:.; :
' P-152d Se,[ecc Grading `%�;� �
2,690 x IS/9=4,480 S.Y. (x)$3.00 $13,440.0� '�� 3
P-310b Siress Absorbing Fabric ;i °
9,325 S.Y. (x)$1.(l0 $9,3?5.00
P-310c Bituminous Material for A.pplicatioa of Fabric .
���.
• 1,865 Gai. (ra$2.00 $3,730.00
F-401a Bin�minous Paving Mix
1,435 Tons (x)$3A.20 $49,U77.00
;
' _ ,N P-dOlb Modified Bitumiaous Material
.06i x 1,425= 93 Tons (z)$240.00 522,320.00
��
P-601 Crack Sealing /7�'
500 I.b. (z)52.70 $1,350.00 ,
y P•643 Bituminous Tack Coat �
� 9,325 z.1 =936 z$2.00 $1,860.00 ,:
� .
�;;; T-901a Seeding with Hydromulch
- i Ac, (x)$1,500.00 $1.500.00 �`
: � �STIMA'I'EU OVERLAY DEDUCT � $13�,102.00 ' 'y
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' ' 9792454110 EL(aMl—q2JT F-8B6 T-997 P-002 RUG 31 '95 09:38 �`�E'�'
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STATE OF:Colorado AIP PROJECT NO.: 3-0&0003-13 � -""
NRME OF AIRPORT; Aspen-P(tkt� LOCATION:Aspen,Colorado , .�'
CONTRACTOR: Elam Construction, Inc. SCHEDUL.E NO.: I ? ;�
•)
SUPFLEMENTAL AGREEMENT NO,ONE �'� ''.�•
f. , .
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`• TO EIAM CONSTRUCTION. 1�1C. _CONTRACTOR: YOU ARE HEREBY ORDERED TO MAKE THE i�;.s' : ' �
; FOLI.OWiNG CHANGE IN THE PLANS AND/OR SPEGFICATIONS FOR THE ABOVE DESIGNATED ' �'.,",.. ;
` � PROJECT. ,;.::`-.;
�. " DESCRIPTION OF CHANGE TO BE MADE �''�
i
Schedule IA-IIeleCron of aU work rPlated to nominal 2"overiay_ �,'�•�` �
� . �r,
� 2, REASON FOR ORDERING CHANGE: �
iLacK of sufficient fanding by sponsor. . � ,
� �
3. SETTLEMENT FOR THE COST OF THE MEN"IONED CHANGE IS 70 BE MADE AS FOLLOWS: �
, Revise estimated construction cost based on bid prices receivetl by Eiam Construction, Inc.. Total cost is
reRecied per the attached summary.
THiS CHAAtGE ORDER(lA1CRE-,�►5€� (DECREASES)THE CONTRAC7 FOR SCHEOULE f T(ME BY 4 �
� i WORKING DAYS. FOR A TOTAL OF 26 WORKING DAYS. "
4_ SUMMARY OF COSTS:
NE'{'{}{,{�R�€� (DECREASE} OF THIS CNANGE ORDER $137,102.00
TOTAI(�N�Aa� (�GR�^E� OF ALL PREt/IOUS CHANGE ORDERS O.UO
TOTAL(�N6R€AS€j (DECREAS� OF ALL CHANGE OROERS TO DATE 137,l02.00
� ' TOTAL ESTIMATED COPiTf2ACT COSTS FOR SCHEDULE 1 ?32,892.75 i
� i NOTE:THiS ORDER IS NOT EFFECTiVE UN71L SIGNED BY tHE ENGINEERING SECTION AIRPORTS
DIVISION FEDERAI AVIATION ADMINISTRATION.
� � AGREED TO BY:' ��i�� ��3—�.?'X�.. �ir3C�.3T ��#� �51��. . 18�
� SPONSOR' AUTHO D R TfTLE DATE .
' �� /� �
j AGREED TO �"` �`��� G"� �� � . �9
} CO CTOR'S AUTHORtZED ftEP_ T17LE DATE
i
I APPR��D BY: . 19
! ENGINEERING SEC710N,AIRPORTS DfVI510N,FAA DATE
''--
pNCREAS� (DECREASE7 -STRIKE QUT THE ONE WHICH DOES NOT APPLY �
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