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Home My WebLink Aboutbocc.res.114.1997 rrr�rirr � .v_.._�_......_._. 1 ._. - - - ..._. ._ . . . :� `v_ '_..__ , . , ..i� - �.r�.. . .+�.i. _:�lAt: .�. . . . . .. . . . i..,� . ., c .,.. . ��`l��. �''.. �<? .y�.i .-�". . .:;�i�:rt�;' � ��. A RESOLUTION OF THE BOARD OF �;;:: .; COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORA00, ,�,� APPROVING THE EXECUTION OF A CONTRACT BETWEEN '�' . PITKIN COUNTY AND ELAM CONSTRUCTION,INC. `�` •":,• FOR THE IMPROVEMENTS TO ASPEN-PITKIN COUNTY AIRPORT - L • AIP PROJECT NO.3-08-0003-16 �`�� '' REHABiLITATION OF PORTIONS OF TAXIWAY"A" r 4','•;<:: . e ol 'o d ,Series of 1997 RECITALS ��'.`Y-' �-. . 1. Pitkin County,a Colorado home-rule County, is the owner, sponsor, and operator of the ' Aspen-Pitkin County Airport(Sardy Field)located in the vicinity of Aspen,Colorado,and has the �. authority to enter into contracts at the Airport, pursuant to, inter� 1973 C.R.S.30-11-017(1) �.;, � : (aa)�t se°•,Title IV of the Pitkin County Code,and Section 8.7 of the Pitkin County Home Rule i ` Charter,and ` �'., 2. The County wishes to contract for the rehabilitation of portions of Taxiway "A" at the i�-r Aspen-Pitkin County Airport,as specified in AIP Project No.3-08-0003-16;and � �� 3. The County has conducted a competitive selection process, pursuant to Department of ��. ' Transportation Federal Aviation Administration requirements and the Pitkin County Procurement �'�� Code,to select the lowest responsible Bidder with whom to enter into a Contract Agreement for '� � . the work to be accomplished;and 'I - 4. Elam Construction, Inc.,of Aspen,Colorado,was the sole Bidder for the project, and the � � County has received concurrence of the bid from the Federal Aviation Administration;and +. .- I 5. On the recommendation of staff, the BOCC finds that the approval of a Contract - Agreement for the referenced project is in the best interest of the County; � NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF � - PITKIN COUNTY,COLORADO,THAT: ctio � The Contract Agreement between Pitkin County and Elam Construction, Inc., which is , � � attached as Exhibit "A" and is incorporated herein by this reference, is hereby approved and � adopted according to its terms and conditions. Secfon ' The Chair(or�ce-Chair)of the Board of County Commissioners is hereby authorized and directed to execute on behalf of the County this Resolution and the subject document to t � accomplish the transactions that have been approved as to form by the County Manager and � . • County Attomey. + , l � � - !r � . . . . . 1 ,. . � �.. - .. ,' . j� . . . � . A - .. y I' .� � • . � � .. . . .. _._...�_._ n; �—.._ ---^—� � -- ' — , o,F ...- �--- ---_ .. ��'��;,` i��,,�,`;��; . ��':.;�_��s;a Section 3 . ;!�� A true and correct copy of the Contract Agreement(Exhibit"A")shall be kept available for " �t'� public inspection during normal business hours in the office of the Pitkin County Gerk and �� Recorder,Pitkin County Courthouse,53D E.Main,Aspen,Colorado,and the office of the Director 'y�.; �' , of AviaHon,0233 E.Airpa�t Road,Suite A.,Aspen,CQ 8161 L ' 'i. IN7RODUCED, READ,AND APPROVED AT THE REGULAR MEETING ON THE 11TH � � DAY OF JUNE,1997. {� i ��:- � :� �: BOARQ OF COUNTY COMMISSIONERS �� I'�' ' A ES7: OF PITKIN COU , OLORADO � 4�: .: � . .. �i, �,-��-97 8y: f � �-/7-/�y :, .� anette Jone (date) B' ui (date) � � puty Clerk& ecorder Chairman ?;, < � APPROVED AS TO FORM: MANAGER APPROVAL: �� 1 � � . . ' � John S e Konc an nty Attomey Co Manager � j ., t .� � � RECOMMENDED FOR ADOPTION: � .. j �j `_—�--- / __ i -� �r/y� /1P.s'C _ � Scott E.Smith Tom Oken -- r� Director of Aviation Director of Administrative Services ►; 4 . � � rewsiaipl6.doc 1 i - ; 1'' i';_ # �- � 1 t{' ` , ... .�. !� . .. . ... .,... . 4 � . . . �..... - .. .. . . '� . .. . . . . . ' . / , . . . . . . . . . . . ; ._. .. . . �;�4 ',.� .. V A ' �' . +� - . . ' . .. {'. . ti ,I , ' � . .� , ` � . �_—' '_�__....__ ` _. _ . .A� ' �. F , ��*}��.. �xN '< , h�, ,�t : , !�. ,:�;'< i..' � CONTRACT AGREEMENT ASB-1965 FOR ° ;�'1 r IMPROVEMENTS TO � ASPEN-PTTKIN COUNTY AIRPORT (SARDY FIELD) �. '.�.;' ASPEN, COLORADQ � � AIP PROJEC'T NO. 3-08-0003-16 � / �y� y�a_��;_ . 'GG �; lS�. GREEMENT, made ary�,,gntered into this / day d' ,',:R„�'� ` l�f/. by and between the Pitkin County Board of Co ' sioners,hercinafter rafezred to as the"Sponsor"and Elam Construction.Inc.,Second ' Par , hereinafter referred to as the "Contractor." � WITNESSETH: - Article 1. STATEMENT OF THE�WORK. The Contractor shall furaish all labor and materials and perform all work for improvements to Aspen-Pitkin County Airport ;, . (Sardy Field), under AIP Project No. 3-08-0003-16, in strict accordance with the Contract ° Documents, Plans, and Specifications dated March 18, 1997, prepared by IsbiIl Associates, �x , Inc., for improvements to Aspen-Pitkin County Airport {Sardy Field}. He shall complete �,�, this wark within 15 working days fram the effective date of the Notice to Proceed." �': !I Article 2. It is hereby further agreed, that, in consideration of the faithfuI � . performance of the work by the Contractor, the Sponsor shall pay the Contractor the � compensation due fiim by reason of said faithful performance of tho work, at stated . . intervals and in the amounts certified 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 . acceptance by tfie Sponsor all sums due the Contractor by reason of his faithfut completion of the work, taking into consideration additioas to e; deductions from the contract price by reason of "Force Account"work authorizcd under chis Contract in accordance with the ; provisioas of this Contract, will be paid the Contractor by the Sponsor after said completion and acceptance. Final acceptance cannot be made by the Sponsor until any and all proper legal advertisements have been made. Articte 4. It is hereby further agrecd ihat any referencc herein to the "Contract" shail include ail"Contract Documents"as the same are listed and described in the General Provisions and Proposal of the SpeciFications, issued in connection with the improvements � to Aspen-Pitkin County Airport(Sardy Fieid),under AIP Project�No.3-08-0003-16,and said ! � "Contract Documents" are hereby made a part of this agreement as fully as if set out at � length hereia. � Article 5. Contract Clauses and Reouirements Cor Construction Contructs. # ' . I A. General and Labor Clauses for Ail Construction Contracts and Subcontracts. �� i 1. Air�ort Imnrovement Pro¢ram Proicct. The work in this contract is i . • inciuded in Airport Improvement Progzam Project No. 3-08-0003-16 which is �� ' ' _- vt-i � • � - � � � x�; _, � � � . i , . . � .. , . ��• , _ ,:, �_. _�., ____ -._ __ _ -y � :..: �__ ^ : �, .� ��ti�/�,�, , v��; � a.fi� � . a�'> `c�i5, . E..aL:.' �':c'�.. ..`:t•� '�.i;.i,, being undertaken and accomptished by the Sponsor in accordance with the terms and conditions of a grant agreement between the Sponsor and the . ��' United States under Title 49 U.S.C. Subtitle VII, pursuant to which the =t'' �'° �� United States has agreed to pay a certain percentage of the costs af the pcoject that are determined to be allowable project costs under the Act. The '�: '.�.;;: United States is not a party to this contract and no reference in this � �, contract to the FAA or any representative thereof, or to any rights granted �:'� � , to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract. � �•,. �. .: 2. �'onsent to Assianment. The Contractor shall obtain the prior written ': :;.;,Y,``= consent of the Sponsor to any propased assignment of any interest in or part of this contract. .� � �?� . .x.,� . 3. Convict Labor. No coavict labor shall be employed under this eontract. • :.;, : 4. Veterans' Preferenca Ia the employment of labor (eacept in executive, ;:`� administrative, and supervisory positions), preference shall be givea to ��%'7 " qualified individuals who have served in the military service of the Uaited '" ` States[as defined in Section 101 (i) of the Soldiers'and Sailors'Civil Relief f��f- Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorabty �'�',;j' � discharged from the service,except that preference may be given onIy where '�.°:tr that labor is available locally and the iadividuai is qualified to perform the � ;, work to which the employment relates � :�, - 5. . Withholding. Soonsor from Contractor. Whether or not payments or P •i advaaces to the Sponsor aro withheid or suspended by the FAA, the Sponsor �i may withhold or cause to be withheld fram the Contractor so much of the ' . - accrued payments or advances as may be considered aecessary to pay `� laborers and mechanics employod by the Contractor or any subcontractor on ;�; � the work the full amount of wages required by this contract. � 6. Nonvavment of Waaes. If the Contractor or any subcontractor fails to pay _ . any laborer or mechanic employed 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 violations cease. � 7. FAA Insvection and Roview. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. 8. Subaontracts. The Contractor shall insert in each of his subcontracts the � . provisioas.contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and � - also a clause requiring tho subcontractars to inc(ude these provisions in any �� . lower tier subcoatracts which they may enter into, together with a clause `� � requiring this insertion in any further subcontracts that may in turn be � made. 9. contract Termination. A breach of pazagraphs 6, 7 and/or 8 may be *';�, grounds for termiaation of the contract. ' VI-2 ,S� , j - _ ,.:� `... „� � :�'q: / , � '�,, 4 � �. t k .• .��.. _-�.__� ..�-- —__ '._ . . . _ _ __._.. . L' . _.___ wminr -' 4.+..��..rirr .:.; �,_ .-�' '— .... . � i.'.. rt�- M � r i� � ��:�' � F,•q^�,..�+ic i . ' ` �,•, . R, ''#.��'.' . . ...i�;:. B. *"iscellaneous Clause Reauirements for All Construction Contracts and Subcontracts '� iinless Otherwise Indicated. r'�" `' �i, During the performance af this contract, the Contractor, for itself, its as- :r'r.' ':;. signees and successors in interest(hereinaFter referred �o as the"Contractor") � agrees as follows: ` ' j:�` � 1. Comoliance with Reeulations. The Contractor shall comply with the , Regulations rolative to nondiscrimination in federally assisted programs of � jJ•`.^. the Departmeat of Transportation (Titie 49, Code of Federal Regulations, Part 21), as they may be ameaded from time to time, (hereinafter referred `� T� � to as the Regulations),which are incorporated by reference and made a part of this contract. - 2. Nondiscrimination.' The Contractor, with regard to the work performed by it during the contract, shall not discriminate on thc grounds of race, sex, �`' ' age,color,or national origin in the selection and retention of subcontractors, �';� inclnding procnrements of� materials and leases of equipment. The S Contractor shall not participate either directly or indirectly in the �. discrimination prohibitcd by Section 21.5 of the Regulations, including 'u, '. employment practices when the contract covers a program set forth in i:±� , Appendix B of the Regulations. �; 3. Solicitations for Subcontractors Includina Procurements of Materials and .�i� Eauioment. Ia all solicitations oither by competitive bidding or negotiation -/i ' made by the Coniractor for work to be performed under a subcontract, .i including procurements of materials or leases of equipment, each potential i subcoatractor or supplier shall be notifi�d by the Contractor of the �� - � � Contractor's obligations under this contract and the Regulations relative to � aondiscrimiaation on the grounds of race,sex,age, color,or nationaI origin. ' � 4. Information and Reoorts. The Contractor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, - and shall permit access to its bo ':s. records, accounts, other sources of inFormation and its facilities as may be determined by the Sponsor or the _ FAA to be pertinent to asccrtain compliancc with such Regulations, ordors _ ' and instructions. Where any information required 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 ,` appropriate, and shall set forth what efforts it has made to obtain the ? information 5. Sanctions for Noncomoliance. In the event of the Contractor's non- f compliance with the aondiscrimination provisions af this contract, the Spoasor shall impose such contract sanctions as it or the FAA may determine . � ' to be appropriatc, including, but aot limited ta � a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or i b. Cancellation, terminatioa or suspension of the contract, in whole or �i, , in part. - I VI-3 I I _ � t , �•, : .... . _ . . , . .. �. . � . , . . . _ � . j:z-� , � . '��'��Y ,. � � • � . . . _ _ ___.... x.. �.,_.. .. ..--r-.. . . -- - . _ n.i .. . . � .____ -� -... . , kr�d.h`�, ' �!t'•'y:c?_ y,.,...�,. �"��n�c' ,:t'; ..`;:• . 6. Incornoration of Provisions. The Coatractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including pro¢urements of • materials and leasos of equipment, unless exempt by the regulations or ~� 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 including sanctions for noncompliance: Provided,however,that,in the event ' a Contractor becomes inv,olved in, or is threatened with, litigation with a 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, ia addition, the Contractor may request the United States ��_'' � to enter into such litigation to protect the interests of the United States. • 7. Breach of Contract Terms-Sanctions Any violation or breach of the terms . of this contract oa the part of the Contractor/Subcontractor may result in the suspension or termination of this cantract or such other action which may be necessary to enforce the rights of the parties of this agreement. The - , terms and canditions of paragraph 80-09 of thc General Provisions of these Contract Documents are hereby made a part of this agreement as fully as if � set out at length herein.• I j ��. 8. Contract Terminati n. (Foc contracts in excess of $10,000.) This contract !'. may be terminated by the Sponsor for default or any other conditions or � circumstances beyond the control of the Contractor. Termination conditions, j� i the manner by which it will be effected and the basis for settlement are as I� . follows: � � �. . ! "In the event that the Sponsor is prohibited fram completing the project � _ - � because of conditions or circumstances beyond the control of either the Sponsor or the Contractor such as,but aot limited to, an Executive Order of - � the Presideat with respect to the prosecution of war or in the interest of . j national deFense or an order of any State or Foderal Court permanently � ? prohibiting the coastruction of the project, the Sponsor, acting by and through its Airport Manager,may terminate the Contract or portion thereof by giving at least tea (10) days' written notice thereof to the Contractor. ; When the Contract, or any portion thereof, is terminated beFore 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 partiaily completed, payment will be made in � propartion to the completed work as determined by the Engineer in his sole and absolute discretion, bears to the totai bid price. Acceptable materials, � obtained or ordored in the work at the time of such termination,shall at the foption o£ the Sponsor be purchased from the Contractor at actual cost as • shown by receipted bills and actual cost records at the point of delivezy. � , � The intent of this provision is to provide a method of equitable settlement � with the Contractor in the event of termination of the Contract because of �• conditions or circumstances beyond the control of either party. Loss oF t' anticipated profits shall not be considered. It is also the intent of this '�� provision that a settlement for the work performed shall not relieve the [?' Contractor or his surety From responsibility for defective work and/or 5 , V I 4 � �� _- S �. . . � �,: i � , � r ., -. . i. � . 1:. � _ _�_ --- � --- � �- � - - --... - . .�,^"—__ .' , T, . � `-___.._____ _..._�- -.:. . . �Ftk��r��H';h�. . . . F'�"�F.�\:: i. hS�'r�.:..�... : . I�f`_r�.<;' • `•; ':�V�,y�'. ,, � materials on the completed portion of the work, nor for tabor and materials �� .� as expressed in the surety bond or bonds, The Airport Manager or his �,, authorized representatives shaIl be given Ful! access to all books, � correspondence and papers of the Contractor relating to this Contract in -'�°�: +.�, nrder to determine the amounts to be paid on account of tho termination of �. the Contract" +.'� '" c 9. Riehts to inventions - Materiais (For cantracts or agreements involving ��, imported products, processes, methods, etcJ All rights to inventians and l � materials generated uader this contract are subjact to regulations issued by �-�_�.�' the FAA and the recipient of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA •aad the Spoasor. - C. Access to Documents_ Records. Eta � 1. For Ail Cost Roimbnrsement Tvne oF ontract �,`,':' ,. . �:. '. The Contractor shall maintain an acceptable cost accounting system. The �` . 5ponsor, the Administratar of the FAA and the Comptroller General of the i`r:�' United States, or an authorized representative of eithez, shalt be allowed � �'.� . access to 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. �'� i� 2. For All Nezotiated Contracts in Ezcess of S10 000 � ;q ' . - The Contractor shall maintain an acceptable cost accounting system. Tha - Sponsor, the FAA, the Comptroller Generai of the United States, or any of their duly authorized represcntatives, shall be allowed access to any books, • . documents,papers and records of the Contractor which are directly pertinent to an AIP project(s) for the purpose of making audit, examination, excerpts _ - and transcriptions. The Contractor shall maintain all required rewards for three years after the Sponsor makes final payment and all other pendiag matters are closed g C D. L�bor_Contract Clauses for AIl Construction Contracts and ubcontracts in Exces of 52.000. � ! 1. Minimum Wa¢es. �, - , a. All laborers and mechanics employed or working on the site of the ! work will be paid unconditionally and not less often than once a � week, and without subsequent deduction or rebate on any account � • (except such payroli deductions as are permitted by the Secrctary of ' Labor under the Copeland Act (29 CFR Part 3)}, the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained � � ia the wage determination of the Secretary of Labor which is �i11 ` attached hereto and made a part hereof,regardless of any contractual �� ' relationship which may be aileged to exist between the contracSOr and ` �- � _ V I_5 ,�'.' I 6.� :•�;? � _ . . _ � � ' . . v r -' "` . ` . �'�'� .. • . . ,* . _^ . .... . ._ _. _--. . � .�^----- .._�_. ' u.i . . . 4... � ._ ---_ --- - ----- .. .:.. .... • �:��;;�: . x�: �.'�:i;�'` .�: .;, . i:'i;,�:�,;�. � such laborers and mechanics. Contributions made or costs reasonably anticipated for boaa fide Cringe benefits under section (b)(2) of the . : �`'•, Davis-Sacon Act oa behalf of laborers or mechanics are considered � �: 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 nat less ofton than quarterly) under plans, funds, or programs w6ich cover the ' particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics j�`_% - shall be paid the appropriate wage rata and fringe benefits on the wage determination For the classification of work actually '' ?' � performed,without regard to skill,except as provided in 29 CFR Part � ' S.5(a)(4). Laborers or mechaaics perfarming work in more than one . • classification may be compensated at the rate speciFied for each . classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classificatioa ia which work is performed. The wage determinatian � � (including any additioaal classification and wage rates conformed under (1){ii) of this section and the Davis-Bacoa poster (WH-1321) shall be posted all tim�s by the Contractor and its subcontractors at the site oF the work in a prominent and accessible place where it can ;r � easily be seen by the workers. � �,k b. The coatracting officst shall require that any class of laborers or �jF mechaaics which is not listed in the wage determination and which -i is to be empioyed under the contract shall be classified in !� " conformance with the wage determiaatioa. The contracting officer . shall approve aa additional classification and wage rate and fringe �) _ benefits therefore oaly when thc following criteria have been met: -_ _ (1) The work to be performed by the classification requested is ' , not performed by a classification in the wage determiaations; . " and � • (2) The classification is utilized in the area by the constrnction industry; and - (3) The pzoposed wage rate, including any bona fide fringe � � benefits, bears a reasonable relationship to the wage rates ';' � contained in the wage dcterminatioa. ' c. If the contractor and.the laborers and mechanics to be omployed in � ! the classification (if knowa), or their representatives, and the j ' � contraeting officer agree on the classification and wagc rate , (inc(uding the amount designated for fringe benefits where ' appropriate), a report of che action taken shall be sent by the � , coatracting officer to the Administrator of the Wage and Hour I Divisian, Employmeat Standards Administration, U.S. Department af `� Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional � � classification actian within 30 days of receipt and so advise the ;'i� coatracting officer or will notify the contracting officer within the � , _ ,�, t VI-6 �! • � ; . - ' ,3 s: �-. . � q:�.. ; . _ , r ` , • , 1 . . , .` ; . , - ,,..:--- --- ----- �_ .., � �----- _ . ._ ___._._ _ .h ' . ' � . ��,v�t,. i� r�'_;_ `. .'�'.�',_ � 30-day period that additional time is necessary. (Approved by the Office of Management and budge under OMB Control Number I215- ` 0140). �.. d. In the event the contractur,the laborers or mechanics to be empioyed � ''. in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate S .' (including the amount designated for fringe benefits where appropriate), the •contracting officer shali refer the questions, i.`: • including the views of all interested parties and the recommendation of the contracting of£icer, ta the Administrator for determination. "?'" . The Administrator, or an authorized representative, will issue a � determination within 30 days of receipt and so advisc the contracting _ officer or will notify the contracting officer within the 30-day period . that additional time is necessary. (Approved by the Officc of Management aad Hudget under OMB Control Number 1215-0140). ' - ; e. The wage rate (including fringe benefits where appropriata) � � determined pursuant to subparagraphs (1)(c) or (d) of this paragraph, � shall be paid to all workers performing work in the classification � under this contract from the first day on which work is performed (� , ia the classification. f i � f. Whenever the minimum wage rate prescribed in the contract for a f ciass of laborers or mechanics includes a fr9nge benefit which is not expressed as aa hourly rate, the contractor shall either pay the � henefit as stated in the wage dstermination or shall pay another bona . fide fringe benefit or aa 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 , . k laborer or mechanic the amount of any costs reasonably anticipated ) in providing bona fide fringe benefits under a plan or program, � _ � providcd that tht Secretary of Labor has found, upon tho written request of thc contractor, that the applicable standards of the Davis- i Bacon Act have been met. The Secretary of Labor may require the Rcoatractor to set as ia a separate account assets for the meecing of ; obligations under the plan or pragram. (Approved by the Offico of '!y Managemant and Budget under OMB Control Number 1215-0140). } 2. Withholdine. The Federal Aviation Administration or the Sponsor shall upon } its own action or upon written request of an authorized cepresentative of the j ' . s Department of Labor withhold or cause to be withheld from the contractor � 1 under this coatract or any other Fedcral contract with the same prime � Contractor, or any other Federally-assisted contract subject to Davis-Bacon ' `i ' prevailing wage requiremcnts, which is held by the same prime contractor, �� so much of the accrutd payments or advances as may be considered necessary to pay laborers and mcchanics,including apprentices, trainees,and ` helpers, employed by thc Contractor or any subcontractor, the fuil amount � o£ wages requircd by the contract. Ia the event of failure to pay any , laborer or mechanic, including any apprentice, trainee, or helper, employcd or working on the site of work, all or par[ of the wages required by the i , �}-- VI-7 �', � € , I�bY ". / _ . , t i• . 7 4 r ^ • t. � � . • ,, ' _ _ ._.._. .r---- - --- -- �..� � �� ... � . • �.;,.,. r;.i:;;`�'' �tY��„?..,, '.1'.�..1�.:{,��.. . •!y1�t�-.�� ' � I.' ':11!. . • ,�. 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 further payment, advance, or ' �.,� guarantee of funds until such violations have ceased. . . ' �.;' 3. Pavroll and Basic Records. ' • a. Payrolls and basic records reIating thereto shall be maintained by the Contractor during�the course of the work and preserved for a period � of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall coatain the name, address, ;;.Y.�`: and social security aumber of each such worker, his or hez correct � classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona Fide fringe beneCits or � cash equivalents thereof as describ�d in 1(b)(2)(B)of the Davis-Bacon • Act),daily and weekly number of hours worked,deductions made aad actual wages paid. Whenever the Secretary of labor has faund uader ' . 29 CFR 5.5(a)(1)(iv) that the wages of aay laboror or mechanic include the amount of any costs reasonably anticipated in providiag benefits under a plan or program described in section 1(b)(2)(B) of tho Davis-Hacon Act, the contractor shall maintain records which ! ' show that the commitment to provide such benefits is enforceable, `.c that the plan or program is financially responsible,and that the plan !f: or program has becn communicated in writing to the laborers or ; mechanics affected, and records which show the costs aaticipated or �1 ' - the actual costs incurred in providing such benefits. Contractors � � employiag apprentices or trainees under approved programs shall : � i maintain writtea evidence of the registration of apprenticeship - programs and certification of trainec Programs,the registration of the ' E apprentices and trainees, and the ratios aad wage rates prescribed ia the applicable programs. (Approved by the Office of Management ' j and Budget under OMB Control Numbers 1215-0140 and 1215-0017). . � - � b. The Contractor shall submit weekly; for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsar,or owner, as the case may be,for transmission to Ehe Federal Aviation Administration. The payrolls submitted shall set out accurately aad completely all of the iaformation required to be ' maintained uader paragraph (3)(a) above. This information may be ' ? submitted in any form desired. Optional Form WFi-347 is available � for this purpose and may be purchased from the Superintendent of Y Documents(Federal Stock Number 029-005-00014-1),U.S. Government � Printing Office, Washington, D.C. 20402. Tfie primc contractor is t responsible for the submission of copies of payrolls by ail . subcontractors. (Approved by the Office of the Management and 1 Budget under OMB Control Number 1215-0149). , . � , c. Each payroll submitted shail be accompanied by a "Statement of � Compliance," signed by the contractor or subcontractor or his or her � ! agent who pays or suporvises the payment of the persons employed under the contract and shatl certify the following: VI-8 i � _- . - i. � i � 1 �• - . . . _ ... � � i . . ... . _ ... ...rasir�.'�. � _' .. � � • ��`.'�� . t � � - • . x . . .��. _.�___—�--. . . --- _ _ .. . . o.i ' ,.: ...._. , ' ' - �.� ��'• �� ;, ' Y:,'�`1^•��.i . r.:�.:�,.�'-�: �a.; '�'i:,, , . �- (I) That the payroil for the payroll period contains the information required to be maintained under paragraph (3)(a) t�j� `,, above and that such information is correct and complete; ~� . � :y��.�.:� . (2) That each laborer and mechanic (including each helper, � - apprentice and traiaee) employed on the contract during the ' " ' payroll period has been paid the full weekly wages earned, �'� '� without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from �j.`_%.. - the wages earned, other than permissible dcductions as set =' forth in Regulations 29 CFR Part 3; ''� r � � (3) That each laborer or mechanic has been paid not less than the . applicable wage rates and fringe benefits or.cash equivalents { . for the classification of work performed, as specified in the t"' applicable wage determination incorporated into the contract. 3'' ' Y d. The weekly submission of a properly executed certificatioa set forth a'�, on the reverse side of Optiaaal Form WH-347 shall satisfy the �; ' requirement for submission of the"Statement of Comptiance"required �� ;� by paragraph (3)(c)(2) of this section. �' t , r ; e. The falsification of any of the above certifications may subject he ��'• coatracto� or subcontractor to civil or criminal prosecution uader �j Section 1001 of Title 18 and Section 231 of Title 31 of the United :� � 5tates Code. The Contractor or subcontractor shall make the records !I ' required under paragraph(3)(a)of this section available for iaspection, i , copying or transcription by authorized representatives of the Sponsor, `�� the Federal Aviation Administration or the Department of Labor,and . , shall permit such represeatatives to interview employees during working hours on the job. If the contractor or subcontractor fails to ' submit the required records or to make them availablc, the Federal agency may, after written aotice :o the contractor,sponsor, applicaat - or owner, take sucfi action as may be necessary to cause the suspension af any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or � to make such records available may be grounds for debarment action �. pursuant to 29 CFR 5.12. . , . - 4. Aaprentices and Trainees. _. a. Aonrcntices. Appreatices will be permitted to work at less than the , predetermined rate for the work they performed when they are � cmployed pursuant to and individually registered in a bona fide • appreaticeship program registered with the U.S.Departmeat of Labor, Employment and Training Administratioa, Bureau of Apprenticeship � and Training, or with a State Apprenticeship Agency recognized by the Buzeau, of if a persoa is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship `,� program, who is not individuaIly registered in the program, but who � , has been ccrtified by the Bureau of Apprenticeship and Training or i11 a State Apprenticeship Agency (where appropriate) to be eligible Cor z� _ � '. ' - _ VI-9 I 1 . P �`, ' � (?_;;.`;, i , ��',. t � . • Y. ��__._.�,��...�--r--� '�_ ___�- .. . . _ _ .-....._ . tr.I ..:':':" �4�.. .. - 'r . . . ��{��h�y.'��2, , i�'U,��.,r,...., . s e�:+:``�,;� � . t..�5,:>i+�:. . �-' •:}!�'`�(.( + ..`�: in a training plan approved by the Employment and Training Administration shall be paid not less than th� appiicable wage rate •, on the wage determination for the classification of work actually ti J perfarmed. In addition, any trainee performing work on the job site r",� ' in excess of the ratio permitted under the registered program shall be � • paid not less than the applicable wage rate on the wage determination ' for the work actually performed. In the event the Employment and ' Training Administration witHdraws approvai of a training program, , the contractor will no longer be permitted to utilize trainees at less �i•`:%. than the appiicable predetermined rate for the work performed until �; an acceptable program is approved. r ' I:,.. •c. Eauai Emolovment O000rtunitv. The utilization of apprentices, F.., =' ' trainees and journeymen under this part shall be in conformity with �' . the equal employment opportunity requirements of Executive Order 4 11246, as amended, and 29 CFR Part 30. - ~ 5. Comoliance With Cooeland Act Reauirements. The contractor shall comply `�� with the requirements of 29 CFR Part 3, which aro incorparated by i. I reference in this contract. - '`� 6. Subcontracts. The contractor or subcontractor shall insert in aay � subcontracts the clauses contained in 29 CFR Part 5.5(a)(I) through(10) and �:�; such other ciauses as tbe Federal Aviation Administratioa may by I appropriate instructions require, and also a clause requiring the 'i ' subcoatractors to include these clauses in any lower tier subcontracts. � - � The prime contractor shail be responsible for the compliance by any � - ' subcontractor or lower tier subcontractor with all contract clauses in 29 CFR - Part 5.5. ' - 7. Contract Termination: Debarment. A breach of the contract clauses in 1 paragraph (1) through(10)of this section a�id paragraphs(1) through(5) of • the next section below may be grounds for termination of the contract, aad for the debarment as a contractor and subcontractor as provided in 29 CFR 5.12. 8. Comoliance With Davis-Bacon and Related Act Reouirements. All rulings , and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts i and 5 are herein incorporated by reference in this contract. f' 9. Disnutes Concernine Labor Standards. Disputes arising out of thc labor ji � standards provisions of this contract shall aot be subject to the general i disputes clause of this contrack Such disputes shali be resolved in accordance with the procedures of the Department of Labor set forth in 29 . ' CFR Parts 5, 6 and 7. Disputcs withia the meaning of this clause include � disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. `f, ` -, _ �,` � - - VI-11 � . , � : . . � . . :inY.. / . ..... .. . . . ./ . .. . . ; ., 1 t t " .� ` . "`• • . . ' �k� j,_,�_...-___ ._--.-. . —__ . . ' _ .._.._ .._.._..... +:.i ._ . �_.. _ �_ . . � , � • ,;_.,�,;;;�,. `�'`��::�::� �>'F:�. .s i . .�''�-"y:,., . �, ,.,. 10. Certification of Eliaibilitv. ' (i) By entering into this contract,the contractor certiCies that neither it(nor �> he or she) nor any person or firm who has nn interest in thc contractor's . �'= firm is a person or firm ineligible to be awardod Government contracts by ' ':;' virtue of section 3(a) of the Davis-Bacon Act of 29 CFR S.I2(a)(I). ' � (ii) No part of this contract shall be subcontracted to any person or firm ' ine[igible for award of a'Government contract by virtue of section 3(a) of � the Davis-Bacon Act or 29 CFR 5.12(a)(1). (; '.' ni The penalty for makin false stacements is � Y � (" ) g prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. E. Contract Work Hours and'Safctv Standards '� • 1. Overtime Reauirements, No contractor or subcontractor contracting for any ° part of the contract work which may require or involve the tmployment of ', laborers or mechanics shall tequire or permit any snch laborer or mechanic, � iacluding watchmen and guards, in any workweek in which he or she is I employed on such wor[c to work ia exeess of Corty hours in sach workweck ' � � unless such laborer or mechanic receives compensation at a rate not less than ;r oae aad one-half times the basic rate of pay for all hours worked in excess '�: of forty hours in such workwoek. � ', 2. . Vio[ation: Liabilitv for Unoaid Waees: Liauidatcd Damaees. Tn the cvent 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 United � States(ia the case of work done under coatract for the District of Columbia `t - �` or a territory, to such District or to such territory), for liquidated damages. i' . Such liquidated damages shall be computed with respect to each individual - laborer or mechanic, including watchmen and guards,employed in vioIation . � of the ciause set forth in paragraph 1 abovo, 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 above. , . � . I �,, 3. Withhotdin¢ for Unoaid Waees and Liavidated Dama e�s. The Federat i Aviation Admiaistration or the sponsor shall upon its own action or upon � . written request of aa authorized representative of the Department of Labor, }'. withhoid or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract i' or any other Federal contract with the same primc contractor, or any other , Federally-assisted contract subject to thc Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as . � may be determiaed to be necessary to satisfy any liabilities of such . contractor or subeontractor for unpaid wages and liquidated damages as ' provided in the claus� set forth ia paragraph 2 above. � � 4. Subcn»tractnrs. The contractor or subcontractor shall insert in any , subcontracts the clauses set forth in paragraphs 1 through 4 and also a VI-12 i:� � _- _ 1 � ? t i .. , . . . ..� .� . � .;;��=�.��. i . �.��:� � �� Y � ; '. ' ''�. �_ _._�_ .�—_. _'_`_ _—__ . . _ __ ._,...._ . v R �. . , . : (4 ; �'u!Y_r nr�.� 1�� r�,` y+' �.'. .Yr. . ,�..i,,� _ clause requiring the subcontractor to include these ciauses in any lower tier ' subcontracts. Tfie prime contractor shail be responsible fnr comp[iance 6y =:i:;� �, any subcontractor or (ower tier subcontractor with the clauses sct forth in �ti, paragraphs 1 through 4. ;,•.:-' . r,� 5. Workine Conditions. No contractar ar subcontractor may requirc any laborer or mechanic employed in the performance of any contract to work in �=�'•� surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety ,=' � and health standards(29 CFR Part 1926)issued by the Department of Labor. r ,� .:a:'r' ` F. �auai Emotovment O000rtunitv Ciause For AlI Construction Contracts and ',�:_;.. . Subcontracts Exceedin¢ $10,000. �� , ,y.:- During the performance of this.Cantract, the Contractor agrees as follows, except � any contracts/subcontracts (or certifications preliminary thereto) with a state or 1oca1 governmeat or any agency,instramentality or sabdivision of such governments which does not participate in work oa or under the Contract ar subcontract. ';,�` {.. 1. The Contractor will not discriminate against any employeo or applicant for �( ' employment because of race,color,religion,sex,age,or aational origin. The f:�:. ::..0 . contractor will take affirmative action to easure that applicants are y" employed,and that employees are treated during employmeat without regard ',4; to their race, color religion, sex or natioaal origin. Such action shall �I;�� include, but not be limited to the foilowing: employment, upgrading, _r " demotion, or transfer; recruitment or recruitment advertising; layoff or �� termznation; rates of pay or other forms of compensatioa; and selection for � ' training including apprenticeship. The Contractor agrees to post in i'j conspicuous piaces, available to employees and appiicants for empIoymeat, '_ notices to be provided setting forth the provisions of this nondiscrimination � clause. i 2. The Contractor will, in all solicitations or advertisements for employees - ptaced by or on behaIf of the Contractor, state that aIl qualiCied applicants will receive consideration for employment without regard to race, color, ' religion, sex, age, or national origin. ; 3. The Contractor will send to each labor union or representativc of workers . � with which he has a collective bargaining agreement or ather contract or understanding, a notice to be provided advising the said labor union or worker's rcpresentatives of the Contractors' commitments under this section, and shall post copies of the notice in conspicuous piaces available to employees and applicants for cmployment. 1� . Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termiaation; rates of pay or other forms of � ' compensation; aad selection for training, including apprenticeship. The 1� contractor agrees to post in conspicuous piaces, availa6le to employees and � applicants for employment,notices to be providod setting forth the provision , of this nondiscrimination clause. �.�, , _ YI-13 ,:�' . I ' ��, r:i � �- - - I_ y, � , ''�. s —. r � 4 i. . � .' ' r.__ _�_ ..___.— __.. _ _ —. . _ bI , � ,. . _ ..�._ :: - ----- • � ' e,.�::.;�;.:.:;�b., ��!4 .,;i;�,:�, �+'�t�::,t.:��'. ' Y:f'"�?i�I�:;Fi; � f'!.,'..:.._f:'�::yi . ��,;�•• �:.-1:_ .. 4. The Contractor will comply with all provisions of Exccutive Order 11246 of •'"!^ September 24, 1965, as amended, and of the rules, regulations und relevant � orders of the Secretary of Lal�or. �•5- ` , i. 5. The Contractor will furnish all information and reports required by ;f'','".,•� Executive Order !1246 of 5eptember 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, rccards and accounts by the FAA aad the ��.� '� • Secretary of Labor For purposes ot'investigation to ascertain compliance with , such rulcs, regulations and orders. �.`.`? 6. In the event of the Conttactor's noncompliance with the nondiscrimination ��'� cIauses of this Contract or with any of the saxd rules, regulations or orders, ��.' this Contract may be canceled, terminated or suspended in whole or in part �' .'-' ' and the Contractor may be declared ineligible for further Government • coatracts or F'ederally assisted construction contracts in accordance with ��: - p r o c e d u r e s a u t h o r i z e d i n E x e c u t i v e O r der 1 1 2 4 6 o f Sep tem ber 2 4, 1 9 6 5, as � ameaded, or by.zu]e, regulatioa or order of the Secretary of Labor, or as otherwise provided by Law. ' 7. The Cnntractor will include th� portion of the sentence immediately ' preceding paragraph 1 and the provisions oP paragraphs 1 through 7 in avery ,�tr subcontract or Parchase order unless exempted by rules,regulztions or orders },� • < of the Secretary of Labor issued pursuant to Section 204 of Executive Order I,•; - 11246 of September 24, 1965, as amended, so that such provisians will be i!i binding upon each subcontractor of Vendor. The coatractor will take such cr . action with respect to any subcontract or purchase order, enForciag such �� ' , provisions, including sanctions for noncompliance; provided, however, that in the event a Contraatar becomes involved in, or is threatened with � • - litigation with a subcontractor or Veador as a result of sach direction by the - � FAA the contractor may request the United States to enter inio such � litigation with a subcaatractor or Vendor as a result oF such direction by the , FAA the Contzactor may request the [Jnited States to enter into such ' litigation to protect the iaterests of the United States. ' � G_ �lean Air and Water Paliution Control Reauirements for All Construction Contracts •i and Subeoatracts Exceedina 5100.000. � 4_ - Contractors and Subcontractors aQree: , � r ; � 1. That any facility to be used in the performance of the contract or to beneCit 1 1. from the contract is not listed on the Environmental Protection Agency (EPA) list of ViolaYing Facilities. ; • 1 2. To comply witfi ali t6e reqairements of Section Z 14 of the Ctean Air Act, . ' as amended, 42 U.S.C. I857 et seq. and Soction 308 of the Pederal Water � ` Pollution Coatrol Act, as amended, 33 U.S.C. 1251 et seq. relating to � inspection, monitoring, entry, reports, and information, as well as all other ' requiremeats specified in Seciion 114 and Section 308 of the Acts, respectiveiy, and ail other regulations aad guidelines issued thereunder. � �i _ ` - . - VI-l4 I ' . ' 1 . . . .. . . _ l . . . . . .n.f;rf.... _ / C'.. � � '�.'��,�� . . ; .. • . y, • . ..�"–. �----� ..--�--._. �._ '—_--^ - . �..i ' „.: ,,_ � . . r�' ^`,y �.r�: . . �y,�r��{�,,::�i, `�.� �:i'��t.< � , . �ii�'ia' ��; . ��j� :,y�.�)' 3. That as a condition for award of a contract they wili notify the awarding ��, �- official of the receipt oF any communication from the EPA indicating that , �� ` a facility to be utilized Cor pezformance of or benefit from the contract is '�� under consideration to be listed on thc EPA List of Violating Facilities. �,�� 4. To include or cause ta be included in any contract or subcontract which - � , exceeds $I00,000 the aforementioned criteria and requirements. �'� �' H. Bondine Clauses for ConstructioA Contracts and Subcontracts. '`j:�;'.-. 1. The Coatractor agrees tq Furnish a performance bond for L00 percent of the ”r' � contract price. This bond is one that is executed in connection with a contzact fo secure fulfillment of aIl the Contractor's obligatioa under such �;;;^ < - contract. k ; h'.., . i 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 � �: contract to assure payment as required by law of all persons supplying labor and material in the execution af the work provided for in the Contract. �, , .. . I. Buv American - Steel and Manufactured Products for Construction Contracts f7an r 199i1 �� 1. The Aviation Safety and Capacity Expansion Act of 1990 provides that �i . prefereace be given to steel and maaufactured products produced in tfie ;.r United States when funds are expended pursuant to a grant issued under the � _ Airport Improvement Program. The following terms apply: i - ?I � .. . a. Steel and manufactured oroducts. As used ia this clause, steel and • manufactured products :nciude (1)steel produced in the United States or(2) . a manufactured 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 ail its compoaeats 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 i;'. treated as domestic. b. Comnonents. As used in this clause,components means those articles, . materials, and supplies incorporated directly into steel aad manufactured - products. a Cost of Comuonents. This means the costs for production of the ` i! components; exclusive of final assembly labor costs. , 2. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, . � materialmen,and suppliers in the performance of this contract,except those a. that the U.S.Department of Transportation has determined,under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in � the United States in sufficient and reasonably available quantities and of a j!' satisfactory quality. � � { . - VI-15 � j • ,.�:i:' ' i '` < � , �: ' � � i• � . ". � _ _ - - -- . , .r-----..�-_ _T-.. .-- ti.i �� _ � , .� �� , y ��. r'4S "� t �v� � ' . . .1 ;'.7� 7rt �.� � ' � yr; F � : b. that the U.S. Department of Transportation has determined, under the ' `- Aviation Safety and Capacity Expansion Act of t990, that domestic ;`�;;� .;- preference wouid be inconsistent with the public interest; or i c. that inclusion of dnmestic material will inereasc the cost oF the >'�°'� +,� overall project contract by more than 25 percant. ._ '. Y`' �� J. Lobbvine and influencina Federal Emolovees. a. No Federal appropriated funds shali be paid, by or On behalf of the � �' Contractor, to any person For influencing or attempting to influence aa �'=�'.Y-�` officez or employee of any agency, a Mem6er of Congress, an oFficor or employee of Congress, or an employee of a Membor of Congress in ,��^ connection with tl�e makin of an Federal '�` ` 8 y grant and tfie amondment or 7.'. modification of any Federal grant. • b. If any funds othcr than Federal appropriated funds have been paid �:,!z� . or will be paid to any person for influencing or a[tempting to influence an ' " :,r . officer or employee of any agency, a Member of Congress, an officer or !a': employee of Congress, or an employee of a Momber of Congress ia �' connection with any Federal grant, the Contractox shali complete and submit �:-� � Standard Form-LLL,"Disclosure of Lobby Activities,"in accordance with its t instructions. !� .•��',• ��.,'. Article 6. The Contractor agrees to accept as his full and oaly compensation far ji the performance af all the work required under this ContracL such sum or sums of money ' as may be proper in accordance with the price or prices set forth in the Contractor's ;I Proposal attached hereto and made a part fiereof coveriag all of the items. r - Article 7. To the extent allowed by law,the Contractor agrees to indemnify,defend and ho2d harmtess the Sponsor, from any and all claims aad damages to property and • . injury to persons which may arise both of and during operations under this Contract, • whether such oporations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by the contractor or any otfier employee ar persan employed or engaged on or about, of in connection with, the construction. � Article 8. Venue and jurisdictioa of any action will only be brought in the District ? Court in and For the Niath Judicial District, (Aspen, Pitkin County, Colorado) � Attornov Fees Costs and Exoenses of Liti¢ation In the event of a breach of this agreement, the breaching party shall pay to the non-breaching party all reasonable Attorney fees, cost and other expeases, incurred by the non-breaching party enforcing its � � rights as a result of said breach. ' k � � � The total estimated cosY for AIP Project No. 3-08-0003-16, Schedule(s) thereof to be dollars ($ ��. —� �� i�, � _ - ' " VI-16 � .:� ' � . �.. . ��; ;� !: . +�, l . . r�•.:: � � • ti '. — � . .. � i.. . � .Y ' . • , �---�---- --- --- --- _ _ __ _ 4R ---� _ ..- � _ .,.. . . .... _.... __ _._... . ' ' �i�'��; , �4:,,��:�::, ,: . IN WITNESS WHEREOF,The First Party and the Second Party, respectively have caused � this agreement to be duly executed the day and year first herein written in six (6) copies, �+•= �':, . all of w6ich to all inteats and purposes shall be conside'red as the original. � � '�� SPONSOR, First Party "y�`...• . ATTESTi Pitkin Coun�y Board of o missioners ��' ',' Aspen. Colorado �` ;r:.. ,' ' � - By � --> � Hy r ' *� ' . � � APPROVED AS TO FORM: . By ; ..— - ' Ati rney • ,„," J CONTRACTOR, Second Party ' Etam Construction ,o;x � 7911 Upper River oad '`.1� ' Woody Creek. orado 5 1f /� � B�,�l�C.i'u�. N - By i • Charles N. E1lsworYh '� ' Title Assistant Seczetary Title Harold F. Elam, President ,- � . . ! •' i `, � i ', ` } f - 1 � I � i • � . • �� t " VI-17 � v _ " i �,F;A � ' �^ I �'/1 , _._... __ _. _.. . , ... ._..... .. ,...__.__.____ ..__...._. ._.... , • .._. ..___--. ._....�.._. ..�_.. -',......... _. _ .._. �:� . . .�._._ �--- � H / - p , � ' � � � � . . - � '`'.. � i •. � . . � _. ...__... . ,M. .. �.��__ ,-_.—.... .__.__ - , i..l ' —� 'q" ,�:f.;. �'- Y� __ _'_'_,�_"' _ 6 :�... . .�w_1.:..1 � i � t 'j�'; �� ` � i • ,,^�r:�� , �*r.�'+;,�`;�'�:': . ,: �� . . . `�'f.�� .i�� '�., . - ••1.�t•�.�:J�. J•,i' • . ' . . ' . ��::::�;�� . . " . ��::L:-,.;r,,. 44 � . . � . !`' '_ ��ii � � ��: �'1:�� , . ,'f'ii��.R. , '�1� ,� � .��:.d�� • �x � ',3 '4f. ' 2 :.:1 . �`. =1 � �� , _ � • r - j - � .4 i; � � . ;j � i �; � .. � � � i � s � � - �:1 , . . ':,�,. .�. , - . � -- VI-18 .y f`�' � `i S.S.:� � � '`':<il.:. . . ��'r''r� . ......�–+.� .�t.�...._.�--. . .:._.....�_._.J....��,_ _ __. ._._�..___�–_ .-_--..�..� . ..... . ,::.�...w ..,_... �..�,..... -��..n_...........�.��—. , . ' � �` . : . ....._..._.... : � �. .:� � '1 i . 9 . �� ; — - _ � �. � , . � . . ,. : � , . _ .__– . . �_ . __ __.. �. ._�______ _ ar . , . ,� __ " . � J;'�'<�;a:-;��: - � ��::�.',:,,. . 4;�•- -��;f;.; M'k.i. r'.'�':;.i�x�: . r�•.�:. '� . .t;:�� ASE-1965 - . PERFORMANCE BOND �:;; .:, BOND N0. 158702326 �� KNOW ALL MEN BY THESE PRESENTS: =�` �. ;� That we, the undersigned, Elam Canstruction. lnc. as Principal, and ��ICAN CASUALTY �:��.. � COMPANY OF READING, PENNSYLVANIA � -,% � ,. a corporation organized and existing uader and by virtue of the laws of the State of _ �':r��` Pennsylvania and duly authorized to transact busiaess in the State of Colorado,as Surety,are held aad firmly bound unto the Pitkin County Board of Commissioners, Aspen, �� , , Colorado hereinaFter referred to as tfie Sponsor,in the penal sum of Three Hundred Fortw f-•' Nine Thousand Three Hundred�Sixtv-Five and 00/100 (5349.365.001, lawful moaey of the � United States of America, for the payment of which weil and truly to be made the said �`� '�. Principal and the said Surety da hereby bind ourselves,our heirs,executors,administrators, ; : � successors aad assigns, jointly and severally, firmly by these presents, as follows: i : The condition of the above obligation is such that: �' ;. �:�:f, WHEREAS, the said Principal has entered into a written contract with the Pitkin y County Board of Commissioners,for improvements to Aspen-Pitkin County Airport(Sardy ' Field), under AIP Project No. 3-08-0003-16 in conformity with the drawings, plans,general ' �' conditions, and specifications prepared by Isbill Associates, Inc., of Aurora; Colorado, :� ' which contract,drawings, plans, generai conditions,and specifications are hereby referred �' to and.made a part hereof, the same to all intents and purposes as if written at length �� , ' herein, in which contract the said Principal has contracted to perform the work speciEied ?I - � in said contract in accordance with the terms hereof; � NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if ' the above bonded Principai shall well, truly, and faithfully perform said contract and any alterations in and additions theroto and comply with all of the tcrms and proviaions ' • thereof except that no change will be made which increases the total contract price by more thaa 25 percent in excoss of the original contract price without aotice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue, and comply; � aad shall fully indemnify and save harmless the 5ponsor from all damages, claims, � demands, expense and charge of every kind (including claims of patent inFringement) � arising from any act, omission, or neglect of said Principal, his agents, or employees with - relation to said work; and shall fully reimburse and repay to the Sponsor all costs, ' ' damages, and expenses which they may incur in making good any dcfauit based upon the .. ' failure of the Priacipal to fulfill his obligatioa to furnish maintenance, repairs or �; repiacements for the full guarantee period provided in the specification coatained hercin � then this obligation shall bo null and void, otherwise it shali remain in full force and ef f ect. k • , Furthor conditions of the foregoing obligations are such that the Principal and � Surety will guarantee the work performed under this contract against defects in workmaaship pezformed by the Principal aad all defects in materials furnished. by him which appear within a period of one caleadar year after the fiaal acceptance of the work by the Sponsor. Under this guarantee, the Principal and Surety shall repair or replace all �r i, � ' VII-1 � ' � . { r . y ::�� i ' , �,' Y ' � � 'i�; � `_ .. . ._"_' . _ . . . .' _ .__._.. . � .�_' __._-__ ... .,.i . � � , ' • • ��tr��a.: �:, , . �'�`�� ' �..�.^«!`., defcctive workmanship and material provided by the Principal appearing within one year : �r�. after the completiun and acceptance of the work, at no cost to the Sponsor. � 'ric PKOVIDED FURTHER, that the Surety, for value received, hereby stipulates aud �'= agroes that no change, extension of time, altoration, or addition to the terms of the t•/`, contract or ta the work to be performed thereuader, or the spocifications accompaaying " • the samt sball in anywise affect iu obligations of this bond, and it does hereby waive " " ' ' notice of any such change, extension of time, alteratioa, or addition to the terms of the t� �' '� contract or to the work, or the specifieatioas. . ��'v:r:'.'. - i:. .` IN WITNESS WIiEREOF, said Principal and Surety have set their hands and seals 1 � g� Grand Junction and Denver, Colorado }�'# ?'�' . 4�:��^-��:��. 4 this _day of 199`, A.D. �. =' ' �. . . r.{,".�� ; - ' � ' . . �♦. _ ' ; Efam Construction t;'' " ! � 7911 U pper Rive oad Woody Cree orad 56 �'`� . Prin ' tra �f; n :� By. �:�� aro . E1am,. President y : �+,/ ,!. accest ( �<a.t�— N ��eno� ,��. ' Charles . E1lsworth, Assistant Secretary �l , � ' AMERICAN CASUALTY COMPANY OF READING� PENNSYLVANIA � �� Suret `�) ;' � /.�l-. ' . S ei�Za . Mont a ttprney–• Fact - Ab K B : i� . � . - Wit�ness ($$qj,� Annette . Campbell Denver, Colorado (Accompaay tfiis bond witfi Attorney-In-Fact's authority from the Sarety to execute boad, .. certified to include the date of the bond.) �� ,t { . r Y � - 2G01 Buxe S�neE[' Su�re 2�2 - DeNVert,Co�ow�no 80205 . e nswcurts 303•291-0270 � su.n.ew.ros�w�..� �.�� . t _ V II-2 ` _ . :i� t �� _. . � _ __ .. _._ _ f _. __ . r ' , . . . �_;.,';- " , �' . . � � , .x ' . ' .r----. .._-�—. . . . ., _ . . A.a � _ ., r . ' ' ' ��iLu3�. 1; , ' � �'•,ly,',�"- � �:. �.. PAYMENT BOND - KNOWN ALL MEN BY THESE PRESENTS: HoxD N0. 158702326 " �;, , ._�, That we, the undersigaed, Elam Construction. Inc. as Principal, and ��ICAN CASUALTY COMPANY OF READING, PENNSYLVANIA � a corporation organized and existing under and by virtue of the laws of thc State o£_ Penns iy.,vania and duly authorized to transact business in the State of Colorado, as Surety,are r'~� held and firmly bouad unto the Pitkia County Baard of Commissioners, Aspea, Colorado � horeinafter rcferred to as the Sponsor, in the penal sum of Three Hundred Fortv-Nine . Thousand.Three Hundred Sixtv-Five and 00/100($349.365.001,lawful maney of the United , States ot'America, for the payment of which welt and traly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, ezecutors, administrators, , • successors and assigns, jointiy and severally, firmly by these presents, as foilows: � The condition of the above obligation is such that: ! � WHEREAS, the said Principal has entered iato a written contract with tho Pitkin ' County Board of Commissioners, for improvements to Aspea-Pitkin County Airport (Sardy Ficld)under AIP Project No.3-08-0003-t6,in conformity with the drawings,plans, general F . conditioas, aad specifications prepared by Isbill Associates, Inc., of Aurora, Colorado, - , which contract, drawiag's, plans, general conditions, and specifications are hereby referred to aad made a part hereof, the same to all iatents and purposes as if written at length - � ' herein, in which contract the said Principal has contracted to perfocm tfie work specified � ' ! ! in said contract in accordance with the terms hereof; • ' K NOW TIiEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if t6e 4: � . above Principal shall well, truly, and faithfully satisfy all ciaims and demands incurrod � by the Principal in the performaace of said contract and any additions thereto,escept that , . no change will be made which increases the tatal contract price by mora than 25 percent in excess of the original coatract price without notice to the Suroty, thea this obligation ta be void, otherwise to remaia ia full force and virtue, and comply; and shall satisfy all claims aad demands incurred in tho performance of said contract and shall fully indemnify and save harmless the Spoasor from aIl damages,claims, demands, expense.and � charge of evezy kind (including claims of patent infringement) arising from any act, omission, or neglect of said Principai, his ageats, or employees with relation to said work; . and shall fully reimbuzse aad repay to the Sponsor all costs,damages, and expenses which ' ti : they may incur ia making good any default basod upon the failure of the Principal m " fulfill his obligation to furnisfi mainteaance,repairs or replacecuents for the full gnarantee � ' period provided in the specificatian contained hcrein and a condition of this bond shall be that the Coatractor shali at all times promptly make payments of all amouats IawfuIly �4 • due to all persons supplying or furnishing him or his subcoatractors with labor and materials used or performed in the prosecution of work provided for in the abovo contract, , and that the undersigned wili indemaify aad save harmtess the Spoasor for the extent of any and all payments in connection with the carrying out of such cantract, then this � obligatioa.shall be aull and void, othcrwise it shall remain in full Force and effect. VII-3 1 ' � ' 1 . . . _ . . y � . . . . � . :t..y,,��x[: / ' . . . ��;��. .,. t --� � ' f ` � , .r,.�_..._�.-- --�-- . ._._'_ '«_ . .. .. . _ _ _.. ._ . -, _ � .. � . . , .' ' , ��„�, ,�`-�'._,�'; PROVIDED FURTHEK, that if the said Contractor fails to fulty pay for any labor, '�'„,`�'"��`��'•. :�:'. materials, team hire,sustenance, provision, provonder, gasotine, lubricating oiis, fuels,oils, '��• grease, coal, or any other supplies or materials used or consumed by said Coacraccor or his . �`� subcontractors in performaace of the work contracted to be done, the 5uzety will pay the �;{:'� ' same in any amount as provided by law. �: `y;. . ., PROVIDED FURTHER, that the Surety, for value received, hereby stipaiates and � . agrees that no change, extension oF time, alteration, or additioa to the t�rms of tbe " ' contract or the spccifications accompanying the same shall in anywise aFfect its obligations ��.�' '� af this bond, aad it does hereby waivc notice of any such change, extension of time, , alteration, or addition to the terms of the conttact or to the work, or the spccifications. �j: �:i . - � - �:,:�:r:.r_�''- IN WITN�SS WHEREOF, said Principal and Surety have set their hands and seals -• � at Grand Junction and Denver, Co _ thiS of • 199,_, A.D. ;}'�'' ' ' �; �. �7�:'..�� .�`..,: ':. Elam Canstruction - 'i ! 7911 U ��'' �' pper River Road �,_,: � tVoody Creek. C ado 6 i` • Priucipal ( act ''`�': I_: t � . gy' �I'�. ; Harold F. Elam, President ':;,r � ! /� �. • Attest: ! �,f%� � ��{'; Charles N. Ellsworth, Assistant Secretary =_f - . � AMERZCAN CASUALTY COMPANY OF READING, PENNSYLYANIA :i Surety �,/'�� ' •i � � �, - .� ` ' ? �-%Sheila. . an oya, Attor ey-i -Fact AcEfxs6t HY• � �� . Witness (SEAL} Annet e M. Campbell Denver, Colorado �` (Accompany this bond with Attaraey-In-Fact's authority From the Surety to execate bond, cortified to include the date of the bond.) . ( � "' 2GO1 BuKE S�e-r , ' Surre 202 x Dekv�ae,Cowwwo 80205 • •+�swaarcc 303•291-0270 . sw...ao.o.t�µ.�,,..� _ � , �y _ � ' I _ . VTt� �:.,1 .. i � � � 1 � ; � _ _..... � _ __ _. � _ _ zt..'., �_ �^ ` (.,;_`�:x E"�-� �., 4 . � . ; , . ,� �4�- . . , . .1"'�"�__. ""T_".. . �_ . a,i �_._ , • '� ' . . �.�:.:�4,ti�: `!;. POWER OF ATTORNEY APPOIlVTING IlYDIVIDUAL ATTORNEY-IN-FACT '. ��', ,. �.,.. " Know M Men By These Presents,That CONTfNENTAL CASUALTY COMPANY,an Iliinois carpara0on.NATIONAI FlRE INSURAMCE - ' COMPANY OF HARTFORD,a Conneetieut corporaHon,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a PennsyMnia - . eorporation(herein coliectiva(y called'Yhe CNA Surery Companies').are duly organized and ebsting corporations having ttieir prineipal atf+ces in �. the Cily of Chicago,and S4te of IAinds,and that they da by virtue of the sigrehire and seals herein affixed horeby make,constitute and appoint � '> B.R.Clazk,Card 8ronder,Sheila J.Mw�Mya,SMv�s Wagner.Individvapy 2.` �.;' of Derner.Colorado their true arvd lawful Ath�mey(s}in-Fact wiMi fWl powx and autlwrity hereby conferted to sign,seal and execute for and on their behaM 6onds, • ' undertakings and otlier obligatory instruments of similar nature -�n Unlimited AmourAS- . +..r and ta bind yiem thereby as fidly and to the same extent as if sueh irfstrumerNs were signed by a dWy authorized officer of their eaporotions and a9 tlte acts of said AtOemey,pursuat�t to the aulhoiity M�eby gjven are hereby ratified and wnfirmed. � � This Power of Attomey is made and ezecuted pusuant to and by authority af the By-Laws and Resalutions,printed on the reversa hereof,duly adopted,as indkated,by the Boards of Direetors of the eorporetians. � - ~ : In W16ness IM�ereof,the CNA Sureties Companies liave caused fhese presants to be signed by their Group Vice President and . . � their corporate seals to be hereto a/foced on Cds 8th day of November . 1996 . � CONTINENTAt CASUALTY COMPANY ' r4�'�ry ��, �cd�°�'"`0� NATIONAI FIRE INSURANCE COMPANY OF HARTFORD ��. � �yE �p 7 � �� ANlERICAN CASUALN COMPANY OF REAOING,PENNSYLVANIA �!- ; � � � � � 3 �nr u, ; Y y i - °o SFAI �r � ��. � � uoe � <''��v"�•��—� I''� - � tes� Q`MK� • �J � . t M.C.Vonnahme Group Ywe Prcstdent _ . � . ' - State of IWnois.County of Caok ss: _ � On this 8th day o( Novem6er , 1996 .before me personally ame ' � ' M.C.Vonnahme ,W me known,who,heing by me dWy swom,did depose and say:that he resides in the VdWga of Oazien ,State of ltlinds; � ' . t�at he is a Group Vice Presiderrt of CONTINENTAI.CASUAL:Y COMPANY,NATIONAL fIRE INSURANCE COMPANY OF FIARTFOR�, :d AMERICAN CASUALTY COMPANY OF READING,PFtaNSYLVANL4 deseri6ed"n and which executed fhe above mstrume�that he. ! :�ows the seals of said caporations:that the seals affaed to 1Me said ir�stnur�rt are wch corporate seais:that they were so alTo�ed pursuant to ' authwiH 9rye�bY the Boards of D'ireeWrs of said corporations a�U�at he signed his name tliereto pursuaM Oo Ike authoritY�and ackrwwleQ9es same to be the aet and deed of said eapotations. ep T.p�� ' . �: ? �� • � �5�,►..�I. P�. � } -,�e... - - � .. •-" My Commission Expires June 5,Z000 Eileen T.Pachuta Notary Publie j � - CERTIFlCATE ' ; , I,John M.litlfer ,P�nt SeereFary of CONT(NENTAL CASUAL7Y COMPANY,NAT10NA1.FIRE INSURANCE COMP/WY OF � HARTFORD,and AMERICAN CA5UALTY COMPANY OF READING.PENNSYlVAN1A do hereby eertiy tlwt tha Power of AtOomey herein - above sat forth is e0p in hxee,and turtl�e►eortify that the ByLaw and ResoluEan of tfie 8oard of Directors af pch corporadon prirr0ad en the • reversa hereof are stll in forca.In testimany whereof I have hereuntn subse�ibed my name and affoced the seals of tlre said earporado� � n�s day�r � r � �y� CONTINENTAL CASUALTY COMPANY rty' �r � �h��'WNp, ��OeO NATIONAL FIRE INSUqANCE COMPANY OF HARTFORO - r�. � Y �, a,f�Q AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA `- . �c S G 3 ' > ► MT 7L ; - v SFAL 'r �,� t L701 � Y '., � in� �eut'K� • John M.tntler Assistant Saeremry , � �(Rw.7/14/95) r r p:ar' / �..' • t . � � ' � i:. . __�.._ ._—r-.. _.._._ ' —_____' _ _ —_ . . . .�^'—�' „i •` �-- _ _.. . __-_-�' _' _ - Authorizing By-Laws and Resotutions � . . • - R,>;�. �r�::' ::;�. �,,�.:'.:, ; ADOPTED BY THE BOARD OF DIRECtORS OF CONTINENTAL CASUAITY COMPANY: '?;;' :;°;� • This Power of Attamey is rnade and executed pursuant ic and by aufharily o(the/nllowing Byd.aw duly adopted by me Board 6f pi�eetprs �'��:'�� " of the Company. ' - ' . 'Arltcle tX—£uecutlon af DocnmenGS . Section 3.AppointrneM of Attomey=ui-fact The Chairtnan of tlie Boazd of Directors,Ure President or any Exeeutive,Senior ar ,.�� Group�l�ce President may,from time to time,appoint by xrtitten certificates attomeys-ttrfad to act in beF�aN of fha Company in fhe � execulion of policies of insurance,bands,undertakings and other obligatory instrumeMs of Gke nahire.Such attomeys-in-fact,su6jed ', � ':�y Lo the fimitatiu�s set fortli in Ihefr respective cerGficates of authority,shatl haye{�q�r to bind the Company by their signahue and � . exeeution of any weh instruments and to aifach the sead of Uie Company thereto.The Chairtnan of the Board of Directors,the PresideM w any Euecutive,Senror or Group Yux President or ihe Baard of DirecWrs,may,at any time,revoke a!i power and auttwrity praviously . given to any attomeytir�faet This Power of Attomey is signed and sealed by tacsim�le imder and by the authority of The fopowing Resoiution adopted 6y the Baard - � of Direemrs af the Company at a meeting dWy ealled and held on the 17tl�day of February,7993, - "ResoMed,that tfie signature of the Preside�rt ar any 6ceeu6ye,Senior or Group Vice President and the seal of the Compariy;may '� ' r ba effuced by facsimile on any powu of attomey graMed pursuarR to Seerton 3 of NOCls IX of the 8y-Laws,and tl�e signature of the Secretary or an AssistaM Secretary and the seal ot tl�a Camparry may be affoced by faczmile to any certifiqte of any such power and � �Y P�a cerGficate bearing sueh l�sitnile signature arq seal shall be valld and bin6ng m ibe Company.My such power w exearted ' and sealed and certified by certifipte so exeeuEed and sealed shap,wilh respect t�arry bond a undertalang to which R is attached; . contirwe ta be valFd ar�d bindirg a�(he Company.• . ' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAL7Y COMPANY OF RPADING,PENNSYLVANUI• . This Powar af Attomey is made and executed pursuant to and by auCwrity of the following By-law dWy adopted 6y the Board of DireeLors � . . of the Comparry. „', Article VI--Execudon of ObNgatlons and AppollMnent of Attomeydn-Fact � Sectian 2 Appointrnent of Attomey-in-fiaet The Chairtnan of the Board of DirecOors,the Preside�rt or any E�recubve,Senior or Group t; � Vice President may�from time 4�Oime.aPPpM bY xritten cutifieaLes atturneys-in-fad to act in behaff a�the Company in the execuUon of � i palieies of insurance,bonds,undertakings and otlier obGgahory ins6vm�ts oF lika naWre.Such at0ornays-in-taet.subjeet Lo 1he BmitaEOns l�� set forth in their respecQve aerSfic�tes�authorily�sha9 have fu!power to bind fho Cm'�Pa�Y by their signaWre and execuEOn of any such �.i er - . irutrumetrts and to atfach the seal d the Camparry tl�eretp.The President or any Executive,Seniw w Gmttp�fice Presiderd may at any time I u . . rawke aB power and aupwrity P��Y 3��any ai6omey-ir�-fad" . i _ � � This Power of Attomey is signed ard sealed by faesimik wder and by the aWhority of the following Resolution adopted by the Board � � of Directors of tlia Company at a meeting duly eaNed and held a�the 17th day af Febn�ary,1993. . ' . "ResoNed.tliat the signaLire of tho Prasident or any Executive,Senior or Group�l�ce PresideM and the seal of tha Company may - be affaed by facsirtple on any power af attomeY 9ranted pursuant Lo Section 2 of Artiele VI of the By-Laws,�d the signatwa of tha . Secrahry a an Ass'staM Secretary and the seal of the Company may be aHured by faesimile tn a�ry certifiea6a of any such power ar�any power or cerdfiate bearing sueh faaim�7e signature and seal shaN be va6d and bindm9 on Ute Company.My such power so exeeuted and � . sealed and certifiad by urtifieate sa exaeuted and seakd shaN�with respect to any bond a undertakin9 M which R is attached,cantirwa te - �o be valid and b'viding on tha Company.' . 6` ADOpTEO BY THE BOARD OF DIRECTORS OF NATIONAL F1RE INSURAMCE COMPANY OF HARTFORD: This Pwwer af AtDomey is made and executed pursuaM to and by auMwrity of the folbwing Resolution duly adopted on February 77,1993 by the Board af Directore of the Campany. . "RESOLVED:That the President an FxecuEve Viee Presidant,or any Senior w Group Yice President of the Corpontian may,from Eme ( .. � ta Eme.appoinC by written certificates�Ariomeys-in-Faet to ac[in befwN af tha Corpwa0on in the e�cecu6ai of poGdes of iruurance�bands� ��. � under4kings and other obli9aEory instrumen�of Gke mturo.Such AtEOmey-in-Fact,subject ho the imitatiore sat forth in tlieir respeeti�e , eartificates ot autlfnrity�st�ll have/uH power m bind tAe Carparetlon by ttteir signa4ra and exec�fion af any such insvumeM and to atbeh i . � the seal of the Corparatfon therelo.T}�e Preside�an Emutive Viee Presider�any Smiof or Group Y�ee PtesideM or the Boatd of OirecEOts j: maY at any tlme revoke a9 power and auCroritY Previa+sly 9a�'en Lo airy Atmrtrey�n-FacL' !t, . � � This Power of Attqmey is signed and sealed hy facsimde urMer and by the aWhority af tha fallowing Resdution adapted by the Board I� of Directors o(the Company at a meedng duly eatled and held on the 17th day of February,1993. � 'RESOLVED:That the signahue of the Presiden�an ExeeuCva Vice Presidert[or any Senior or Group U�ce PresideM and the seal of the ��.. CorpotaCon may ba affn�ed by facsirnik on a�y power af atromry granted pursuarrt to the Resoludon adopLad hy this Board of Directors on r� Fehruary 17,1993 and tha signaWre of a Seeretary a an AssistaM Seaetary and the seal of the Corpon6on may be affaed by fauim�e Oo ;1< < any certifipte of any sueh power,and any pawer ot r.ertifiote bearing such farsimik signaWre and snl shal be wlid and hindirg a�tl�e . i�: Cwpantim.My such power sa exeeutcd and sealcd and xrafied by cera6ate so exearted and sealed.shaR with resPeet to any honei or � . u�dertaking to which it is atGched,wntinue Lo be raGd and binding an the CarporaCOn.' .� � . � � •• � . / � `•r . , �� , �. � '-,: - --- �-----�- . . _. ._ . .�-^--- . . ._.._ ... ._;�� .. - .. .,.,. �a�=�� CERTIFICATE OF LIABILITY -1N URANC - �,"�'"" �� ° .,,,�..,v,..�, �.._....��_��.1�,.._ _. .._..LL. .,_ � S . ..... . . E � > �. ;:,� °'' , ' PaowcEn"� .. `".. - ni�s c�nac��is issuEn as a tiu�oF iNr-oA�u►noN t ,.t,;;�• ONLY AND CONFERS NO RICaHT'S UPON THE CEpT1FlCAiE , BILL CLARK 8 ASSOCIATES,INC. HOLDER.iHIS CEfl71FlCATE DOES NOT AMEND,E)(TEND OR : �' 2801 Bieke Sheet ALTER 7HE COVERAGE AFFORDED BY THE POLICIES BELOW. , � �� COMP/WIE5 AFFORDING COYEpAGE Derner CO EQ205 ca�u+r _ ;''�. A USF3G �, � WSUHED �µY � � ..J Elam Consbuctlon,Inc. B • 1225 S Sevecdh S4eet aoMPUn Grend Jutxtlon CO 81501 � , ' caroun - D COVEFIAGES r t :; . _r , . , , y � r.'^ °rFas"is Yo cEqriFi''irur ni�Poiia�.s oF insu��"usreo enow waE e�i�ssuEO ro�nie'n�sUHm wuneo i�eove r�rr�roucr Paaroo� ..._...... .. ._ H INDIGT�.NOTNrtiHSTANDING ANY RE�UIflEAIINf�THiM OR CONDITION OF ANY COMMCf OR OTH9i OOqM1ENT NAiH RESPECT TO Vrt#CH THIS CERTIFlCATE MAY BE 55UED OR MAY PERTAIN,THE INSUMNCE AFFORD�8Y THE pOLIpES�SCHIgEp HFA�N IS SUBJECT TO ALL THE TEiMS, �. �� - IXCWSIONS AND CONDRbNS OF SUCH POIICIES.L6NRS SNOWN MAY HAVE B�J HEDUCED BY PAID CWMS. 4.'..� . �p IYPE OF W9URIWCE P011CY Mi1�91 6fECI1VE P011CY E7��UUION �� DATE �CA�DM'Y� DAIE ryAYUDM') ,. :� A cEr+�a�u tueum iMP3009366/403 10101196 10/01/97 eetFtul ecra[r,�ie S 2,000.000 j�,::. • � X c�ppu c�r�p�w,enm rHOOixas•o04p�up�ao s 2,000,000 � ' . �� PEPSOx�I 8 AoV pUUpY f 1.000.000 ; . ...OWNEilS 8 COMMCfONS PROT - EACH OCWFRENCf S - Fa�au+ac�y�aw rxal f � � �'c ��(MY u�V�1 f 5,000 A ��' tA1P30093661403 10/Ot)96 10/01f97 �'�!� �X �'AufO ��R f 1,000,000 ��i ALL OYMED AUf03 BOpIY IlLUHY '. . X SCJIEqAED AUTOS PK D��d f .li FWiED AUfOS . .� � . BOOLY WIUHY NON�OVMEDAUf05 �+�^9 S :iI • rnors�n auuce s , • - GAM(3E lU&l1fY � AUfO ONLY-EA ACpDENf S „ • ANY AUfO OiHEB TlUU!AUfOIXILY: .•.2�f•.'r-�^;�. :.;_1»... s ' s � .� A E1tCESSUABR1fY 161P30093661403 10101/96 10/01/97 FAq1pCqlpqEpCE s 2,000,000 . . X UMeREIU WNI AO(i1E(ih7E � f 2,00O,OOD ' OTIEH iWiN IRABHEIU FIXiM t: f j� ' N'OflI�RS CONPEN51TqN ANU TOiIY llMliS Eii ``i'�::��:•� ' E1�l0YERS INBtIfY EL EACH ACCbENf f'�:' T��T� WCL EL DISEASE•POLILY LMAR S - PAAfNE0.4E7�GUfNE � - � ��NF: E%a EL DISEASE-EA EMPIDYEE f OTMEfl � 1. �� : p�TMF'RW�IENCt - I�.lSAf�Y FIELD)� ASPEN� OD. r:� ' ,� CEflT1F1Cl1TE.HOLDER J: ' ,:,_...,.. _.: •,..° c-:CANCELLAiION..'_... ' ' .....;: ; ....._._.__.c�___._...�.a...:.�.' .� .. ____�..._. . :,_,Y..... - - ,.. _: sHOixn un oF n��eouE oesraiaeo roua�s ee cv�utv eaa�n� ;:' exwiunow ave ngxEOF.n+e issuwc cawun wxi�va�ro wLL �:,� 7HE P1710N COUNiY BOARD OF COMMISSIONERS t - C/O ASP9�!Prt10N C0.AIHPORT �wrs wwr�x xoi�ro n+e cemFxw�xotnea wv,�o m n+e�r. k ' ww ��E AIRPORT RD CO B�BI� BUf fAIWRE TO WIL SIICH NOTILE 9NLL FPOSE NO OBLI('dilON 011 LIABAJIY 7x ' � - oF enr ice�o urow t�carru+r.rts ticeNrs on r�s�u, s �unan�a�sExr�me � � unan ^ _�.� � � � . �:. '1[(:OHD-25:s(1f8�.._,; , , �-..,_.-,---°,._ .^---- . .. ..._. .�__....._._ .. .� 0 .ACQRD CORPORATION 1988"-. . � ;�,. i . �' . r • , '. 'q. .- --- � ---- - �- � --. —.. .__ � .�^'^"_-. _..�-- �--�� . .J � _ � ,;�' ___ .,_._ .. `� Certificate of Insurance ,ri.�N�+ t145 CERTIFICA7E IS ISSCED:�5 q�L\T7ER OF IkFOR\IATIO\(�uLY A�D CC`.FERS�O FIGHlS CPOV YOU TF(E CERTFICATE HOLDER.THIS CENTIFICATE f5\OT �r � .i\(�SCRA\CEI'OUCYA�DDOESVO7>�IE�DE�(TEVDORALTERTHECO�'FRAff�fFOFDEDBYTHEPOIICiE5LI5TEDBELOt� ��"�;:'�� i�;��-�� This is to Certify that � x`li:�'.� . �-- ;,. I ELAM CONSTAUCT1oN INC& � Name and M�U� r BLUETOP ENTERPRISES INC '— address of i� 1225 SOUTN 7TH STREET Insured. " � GRAND JUNCTION CO 81501 ;,;� � Is,at the issue dale ol ihis certificale,insured by Ihe Company under the poGcy(�)listed below.The insurarice allorded 6y iha 1(sled pol'icy({es)is subJect to ell lheir '' -� terms,exdusiorts and condAans ar�d is rwt aNered by ary requirement,lerm or conr9Uon of arry contrec!w otFier document with tespect to whicb llds certificale may be issyg� EXP.DATE •O Cormriuous ; ._, � �TYPE OF POLICY ❑ �crENOeo . POLICY NUMBER LIMIT OF LIABILITY � � i_ � POIICY TERM ' :. WORKERS COVERAGEAFFOROEDUNOEflWC � Y , � COMPENSATION • � �AWOFTHEfOLLOWINGSTATES: EMPLOYERSLIABILITY I j.r ( BodilV Ir�uN By Accident ; :. 500,000 Each Aeeldent: � 07-01-97 WC7-191-418482-016 COLORADO ��Y�^IM'ByDisease I 500�000 Pollcy i � Umll I ' , ... : I , 6od�1y Injury By Disease ; ( . F 500,OD0 Each � Generdl Ag9regat8•Olher�han ProducLSlComple�ed Opera6ons Per o I . . i � GENERAL 11ABILITY � ! � � ❑ OCCUFiRENCE P��^P��oP021ionsAggregate � ; i � T I ❑ CIAIMS MADE 9odAV�WN arid ProPerh'DamaGe llabialy + '. i Per I � I Occurtence Personal and Advertising Injury � � Per Persor✓ � � - � I flETRO DATE Organizalbn ; � � Olher � ONer � - � �____-- I � �� _, I AUTOMOBILE EachAcddent-SGgleUrtwt� ! ; LIABIIiTY B.I.andP.D.Combined ' � I [„] OWNED E�Person ❑ NON-OWNED � � EachAccidenlwOavrtencei i � :f ❑ HIRED . Each AccSdenl or Ocewrence I � � �� OTHER—'_`—� � I ?� + ' i � . i I ADDITIONAL COMMENTS - � 1 � � ': i i . �; All operations / All locations 5,� . . . � �. . ', � ., . 'II the cenilkale explratlon date Is contlruwus or extendeA lertn,yau w�l be rqtltletl ff fAVerege(S terminaled of feduced befpre the eartNi[ate expiratlon d3te. ' " SPECW L NOTICE•OHIO• ANY PERSON MMO,WIT11 INTENT TO OEFMUO OR HNOWLVG THAT HE IS FACWTAi1NG A FRAUD AGAINST AN INSURER.SUBMITS AN APPCKATION Ofl F1LE5 A CLMM CONTNlNNG A FAlSE OR�ECEPTNE STATEMEM IS GUIL7Y OF INSURANCE FMI10. Liberty�iu[nal Group 1 NOTICE OF CANCEIUTION:(NOT MPLJCABLE UNLESS A NUMBER OF OAYS IS ENTERED BELOW.)BEFORE � TME STA7ED EXPIMAON UA7E TNE CD/MANY WlLL N07 CANCEL OR flEOUGE THE INSUHANCE AFFOROEO " UNpER THE�BOVE POLICIES UNlll ATLEAST '.�3 DAYS �� n � � � �C/ NOTIGE OF SU�ltLANCEIUTIOk MAS BEEN MAtIED TP. —, � 5-21-9 7 � �^. _ � Pitkin Couaty Airport ANN P. ILLY �' .CEHIIFlGOE 0233�East Ai�POTt R08d � �pU7'HORIZEDREPRESENTATNE ' ��A Aspen, CO 81611 ENGLEWOOD (303)799-0818 J OFFlCE PHONE NUMBER DATE ISSUED . Thu:erdii<a�a�s eaecm.�.1 bv L18ERTY\ICTL':\l GROC!'.is rr�eu s��ch inwrmxe as is aiiord¢d be Trn.ie Cumeenirs q5,-_i;_ . . ' (ai$F, / ' ` t � . . � ��!,� . � � • y'. ..�'^"�___ __'-.,--. _ — ' - . .'.' ' .. _._'..—._..._ . a.I