HomeMy WebLinkAboutbocc.con.103.2013 j :
Rev. 08-30-/1 j[s
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 103-2013
�
ORIGINATING DEPARTMENT: Open Space and Trails
PROCUREMENT OFFICER: Lindsey Utter PHONE#: 5224
PROJECT NAME: Rio Grande Trail: Phase II CONTRACTOR: Gould Construction, IriC.
� DOLLAR AMOUNT: $545 180.40 LINE ITEM # I 18.58.02523.86122 -
CONTRACT EXECUTION DATE: 6/26/2013 CONTRACT END DATE: 10/30/2013
AUTOMATIC RENEWAL: ❑ YES � NO TERM: extend up to onc y�car
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
� OVER$50,000(Requires Section Leader& County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal � Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
� Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigrution Form) ❑ Exempt �
❑ Contract Renewal � � �L
✓ CHECK CONTRACT TYPE: �� ��
❑ Services/1�laintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement (Resolution Reqaired)
❑ Lease ❑ Non-Profit
� Conswction � ❑ Quasi-Public (e.g.-AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance& Resolution Required)
❑ Other(e.g. revenue) ❑ Change OrdedContract Amendment
� � (GO: 10%or$25K whichuvcr is the lesser must have County Manaoer signamre)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank—Note on Page ✓� All Exhibits Attached
✓ � Page numbered consecutively ✓Q All Legal Descriptions attached (if appficabfe)
✓ � All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached(if applicoble)
✓ � All Dates Filled In ✓❑ Warranty (if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ � Authorized Procurement Ofticer's Name: Lindsey Utter
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT .
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WII.L KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
. . .,
Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
PITHIN COUNTY
CONTRACT
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PITKIN COUNTY CONSTRUCTION CONTRACT
• THIS CONTRACT, made this 26`h day of June 2013, by and between the Board of County
Commissioners of Pitkin County, Colorado, (hereinafter called the"County") and Gould
Construction, Inc (hereinafter called the "Contractor") to perform the following work: RIO
GRANDE TRAIL: PHASE II ("ProjecY').
1. Term of Contract.The term of this contract is from June 26th to October 30th,2013. [At the
expiration of the.initial term,the contract may be extended for an additional term of 1 year by the
express written consent of both paRies.]
II. Scope of Work and Work Schedule.
A. Pitkin County will accept proposals from interested parties for the RIO GRANDE
TRAIL: PHASE II. The section of trail is part of the Rio Grande and is located
between Raceway Drive (Elam Access Road) and Woody Creek Road. The Trail
currently exists as a soft surface traiL The project will involve regrading and
paving of the existing trai4 to create a dual-surface trail. A bridge connection over
Woody Creek will be part of this project. The contractor will build the approaches
and abutments,provide and set the bridge. The project will also include partial
removal of the existing berm which supports the existing trail alignment.
B. All work performed under this Contract shall be done according to the following
work schedule: See Summary of Approximate Quantities
C. Precedence of Contract Documents :
1) Addenda
2) Construction Drawings
' 3) CDOT technical specifications
4) Reference specifications
5) Standard General conditions
1[I. Pavment. The County agrees to pay,and the Contractor agrees to accept, in full payment for
the performance of this Contract,the total price offive hundred and forry five thousand, one hundred
and eighty dollars and forty cents($545,180.40) in accordance with this Contract,subject to increase
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: .
Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
or decrease in accordance with the provisions of this Contract; but any payment by the County may
be offset by any amount the Contractor owes the County for any reason.
A. Payment Procedures.
l. Contractor shall submit applications for payment every I month for work
done to date.
2. Progress payments.
a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent(90%)of the calculated value
of any Project work completed,less the aggregate of payments previously made until
fifty percent(50°/o)of the Project work required by this Contract has been performed.
Thereafter, County shall pay all remaining progress payments and maintain only
existing retainage if, in the opinion of the Procurement Officer and Counry, '
satisfactory progress is being made on the Project If, in the opinion of the
Procurement Officer and County, satisfactory progress is not being made on the
Project,or if claims are filed under Section 38-26-107,Colorado Revised Statutes,as
amended, County may retain such additional amounts as County may deem
necessary to assure completion of the Project or to pay such claims and any
Procurement Officer's and attorney's fees reasonably incurred or to be incurred by
County in defending or handling such claims. The withheld percentage of the
Contract Price shall be retained until the Project is completed satisfactorily and
finally accepted by County in accordance with the provisions of this Contract.
Progress payments shall not constitute final acceptance of the Project.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as
amended.
[V. Contractor's Oblisations. �
A. Supervision and Superintendence. ,
l. The Contractor shall supervise and direct the Project competently and
efficiently devoting such attention thereto and applying such skills and expertise as may be �
necessary to perform the Project in accordance with this Contract. The Contractor shall be
solely responsible for the means, methods, fechniques, sequences and procedures of
construction. The Contractor shall be responsible to see that the finished Project complies
accurately with this Contract.
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Federal Aid No.AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
2. The Contractor shall appoint and identify to the County and Procurement
Officer, a competent on-site superintendent to be kept on the Project at all times during its
progress and who shall not be replaced without written notice to the County and the
Procurement Officer except under extraordinary circumstances. The superintendent will be
the Contractor's representative at the site and shall have authority to act on behalf of the
Contractor. All communications given to the superintendent shall be as binding as if given ,
to the Contractor.
B. Subcontractors, Suppliers and Others.
1. The Contractor shall not employ any subcontractor,supplier or other person
or organization (including those acceptable to the County and the Procurement Officer, -
whether initial ly or as a substitute)against whom the County or the Procurement Officer may
have reasonable objection.
2. The identity of subcontractors, suppliers or other persons or organizations
including those who are to furnish the principal items of materials and equipment must be
submitted to the County in advance of any work performed or materials supplied under this
Contract for acceptance by the County and the Procurement Officer.No acceptance by the
County or the Procurement Officer of any such subcontractor, supplier or other person or
organization shall constitute a waiver of any right of the County or the Procurement Officer
to reject defective Project work.
3. The Contractor shall be fully responsible to the County and the Procurement
Officer for all acts and omissions of the subcontractors, suppliers and other persons and
organizations performing or furnishing any of the Project work under a direct or indirect
Contract with Contractor just as Contractor is responsible for Contractor's own acts and
omissions. Nothing in this Contract shall create any Contractual relationship between the
County or the Procurement Officer and any such subcontractor, supplier or other person or
organization,nor shall it create any obligation on the paR of the County or the Procurement
Officer to pay or to see to the payment of any moneys due any such subcontractor,supplier
or other person or organization except as may otherwise be required by laws and regulations.
4. All Project work performed for Contractor by a subcontractor will be pursuant
to an appropriate Contract between the Contractor and the subcontractor which specifically
binds the subcontractor to the applicable terms and conditions ofthis Contract for the benefit
of the County and the Procurement Officer.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and
assume all costs incident to their use in the performance of the Project or the incorporation in the
Project of any invention, design,process, product or device which is the subject of patent rights or
copyrights held by others. Contractor shall indemnify and hold harmless the County and the
Procurement Officer and anyone directly or indirectly employed by either of them from and against
all claims,damages,losses and expenses(including attorney's fees and court costs)arising out of any
infringement of patent rights or copyrights incidental to the use in the performance of the Project or
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Federal Aid No. AQC C570-019 November l9, 2012
Construction Project Code 18184
Pitkin Counry Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
resulting from the product or device not specified in this Contract,and shall defend all such claims in
connection with any alleged infringement of such rights.
D. Permits. Unless otherwise provided in this Contract,the Contractor shall obtain and
pay for all construction permits and licenses. The County shall assist the Contractor, when
necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all
charges of utilities for connections to the Project,and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to fumishing and
performance ofthe Project including rules, regulations, and ordi�ances the County promulgates at
any time. Except where otherwise expressly required by applicable laws and regulations,neither the
County nor the Procurement Officer shall be responsible for monitoring the Contractor's compliance
with any Laws or Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales,consumer,use and other similar taxes whether direct or indirect.Federal excise tax may not
apply Yo materials purchased by the County. The Contract price shall include all other federal, state,
and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost of
compliance with all other Federal Laws and Regulations at no additional wst to the County(except as
provided in this Contract).The Contractor shall not be reimbursed separately for any taxes,which may
apply except as provided in this Contract, and Che Contractor shall be responsible for all taxes,which
may apply.The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use
taxes.The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a
Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction
material or building materials is for use in a building,structure,or other public work owned and used
by the County.
G. Use of Premises.
1. The Contractor shall confine construction equipment,the storage of materials
and equipment and the operations of workers to the Project site and land and areas permitted
by this Contract, law, ordinances, and permits. The Contractor shall assume full
responsibility for any damage to any such land or area,or to the CounTy or occupant thereof
or of any land or areas contiguous thereto, resulting from the performance of the Project.
Should any claim be made against the County or the Procurement Officer by any such owner
or occupant because of the performance of the Project,Contractor shall promptly settle with
such other party. The Contractor shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold the County harmless from and against all claims,damages,
losses and expenses(including,but not limited to,fees of engineers,architects,attorneys and
other professionals and court costs)arising directly, indirectly or consequentially out of any
action, legal or equitable, brought by any such other party against the County or the
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Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin Counry Budget Line Item# 118.58.02523.86122
Procurement Officer to the ea�tent based on a claim arising out of the Contractor's
performance of the Project.
2. During the progress of the Project,the Contractor shall keep the premises free
from accumulations of waste materials,rubbish and other debris resulting from the Project.
At the completion of the Project,the Contractor shall remove all waste materials,rubbish and
debris from and about the premises as well as all tools, appliances,construction equipment
and machinery,temporary structures,stumps or portions of trees,and surplus materials,and
shall leave the site clean and ready for occupancy by the County. The Contractor shall
restore to original condition all property not designated for alteration by this Contract.
3. The Contractor shall not load or permit any part of any structure to be loaded
in any manner that will endanger the structure,nor shall the Contractor subject any part of
the Project or adjacent property to stresses or pressures that will endanger it.
H. Safety and Protection.
1. The Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project. The
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
a. All employees in the Project area and other persons and organizations
who may be affected thereby; -
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees,sbrubs,
lawns,walks,pavements,road-ways, structures, utilities and underground facilities
not designated for removal,relocation or replacement in the course of construction.
The Contractor shall be required to assume sole and complete responsibility forjob
site conditions during the course of construction of the Project, including the safety of all
persons who may enter on the job site for any reason and the security of all property located
on the job site. This requirement shall apply at all times during the courses of the Contract
and not only to normal Project work hours.
2. The Contractor shall at all times conduct the Project in such manner as will
incur the least practicable interference with traffic and existing utility systems. No section of
any road shall be closed to the public, nor any utility system put out of service except after
permission has been granted by the Procurement Officer. Each item of the Project shall be
prosecuted to completion without delay and in no instance will the Contractor be permitted
to transfer its forces from an uncompleted Project to a new Project without prior written
notification of the Contractor to the Procurement Officer.
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Federal Aid No. AQC C570-019 November 19, 2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item # 118.58.02523.86122
Unless this Contract specifically provides for the closing to traffic of any local road
or highway while construction is in progress,such road or highway shall be kept open to aIl
traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition
temporary approaches,crossings,or intersections with roads and highways. The Contractor
shall bear all expense of maintaining traffic over the section of road affected by the Project to
be done under this Contract,and of constructing and maintaining such approaches,crossing,
intersections and any necessary features without direct compensation, except as otherwise
provided.
The Contractor shall provide, erect and maintain all necessary barricades, signs,
danger signals and lights to protect the Project and the safety of the pablic. The Contractor's
responsibility for necessary barricades,signs,and lights shall not cease until the Project has
been accepted.
I. Shop Drawings and Samples.
1. After checking and verifying all field measurements and after complying with
applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer for review and approval in aceordance with the approved schedule of
shop drawing submissions,three(3)copies(unless otherwise specified)of all shop drawings,
which will bear a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review ofthe submission.
All submissions will be identified as the Procurement Officer may require. The data shown
on the shop drawings will be complete with respect to quantities, dimensions, specified
performance and design criteria,materials and similar data to enable the Procurement Officer
to review the information as required.
2. The Contractor shall also submit to the Procurement Officer for review and
approval with such promptness as to cause no delay in Project, all samples required by this
Contract. All samples will have been checked by and accompanied by a specific written
indication that the Contractor has satisfied the Contractor's responsibilities under this
Contract wi[h respect to the review of the submission and will be identified clearly as to
material, supplier, pertinent data such as catalog numbers and the use for which intended.
3. Before submission of each shop drawing or sample,the Contractor shall have
determined and verified all quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar data with respect thereto;
and reviewed or coordinated each shop drawing or sample with other shop drawings and
samples and with the requirements of the Project and this Contract.
4. At the time of each submission, the Contractor shall give the Procurement
Officer specific written notice of each variation that the shop drawings or samples may have
from the requirements of this Contract,and,in addition,shal►cause a specific notation to be
made on each shop drawing submitted to the Procurement Officer for review and approval of
each such variation.
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Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin Counry Contract# 103-2013 .
Pitkin Caunty Budget Line Item# 118.58.02523.86122 �
5. Where a shop drawing or sample is required by the specifications,no related
Project work shall be commenced prior to the Procurement Officer's review and approval of
the shop drawing or samples.
6. The cost of furnishing all shop drawings and samples shall be borne by
Contractor.
V. Performance and Pavment Bond.
A: Contractor shall furnish a performance and payment bond in the amount of one half
ofthe total Contract value for all Contracts over$50,000,as required by C.R.S. § 38-26-101,et seq.
All Bonds shall be in the form acceptable to the Counry. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of
paragraph A of this Section,Contractor shall within five(5)days thereafter substitute another Bond
and Surety, boih of which must be acceptable to the Counry.
VI. Indemni . The ConVactor (including, by definition here and hereinafter, its officials,
employees,agents and representatives,subcontractors and suppliers),shall and hereby does release,dis-
charge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and
representatives &om and against liability for any claim, demand, loss, damages, penalty,judgment,
expenses,wsts(including costs of investigation and defense),fees(including reasonable attorney and
expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death,
personal injury or property damage arising out of or in connection with any negligent act, intentional
act,error or omission by the Contractor,and for any consequential liability alleged to accrue against the
County on account ofthe Contractor's acts,errors or omissions;provided,however,that such indemnity'
shall not be construed as an indemnity for bodily injury or property damage arising from the sole negli-
gence of the County or its employees.
The Contractor further shall investigate, process, respond to, adjust, provide defense for and
defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and shall bear all
other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or
fraudulent.
VII. Insurance. The Contractor agrees to procure and maintain, at its own expense, a policy or
policies of insurance as specified in this section. The Contractor shall cause any subcontractor of the
Contractor to procure and maintain,the minimum insurance coverage as specified in this section.
A. In whole or in part, the Contractor shall secure and maintain for the term of its
Contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado,as will protect itself,the County and others as specified[Colorado Department of .
Transportation], from claims for bodily injuries, death,personal injury or property damage, which
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Federal Aid No. AQC C570-019 November 19, 2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item # 118.58.02523.86122
may arise out of or result from the Contractor's acts, errors or omissions. The following insurance
coverage, at or above the limits indicated and including such endorsements as are indicated by an
"X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability— ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000.000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks)to include (place X by applicable
provisions):
X Premises/Operations
_ Underground, Explosion& Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal [njury
3. Business Auto Coverage:
Combined Single Limit Liability(each accident) $l 000.000.00
4. Special Coverages:
X (1) Performance Bond $272,590.20
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3)Aircraft Liability
_ (4) Owner's Protective
_ (5) Builder's Risk
_ (6) Boiler and Machinery
_ (7) Loss of Use Insurance
_ (8) Pollution Liability '
_ (9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
B. Proof of Insurance:
L To provide evidence of the required insurance coverage,copies of Certificates
of Insurance in a form acceptable to the County shall be filed with the County through the
Procurement Officer, no later than ten(]0)calendar days prior to commencement of opera-
tions affecting the County. Failure to file or maintain acceptable Certificates of[nsurance
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Federal Aid No. AQC CS70-019 November 19,2012
Cons[ruc[ion Project Code 18184
Pitkin County ConVac[# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
with the County is agreed to be a material breach of any Contract. These CeRificates of
Insurance shall contain a provision that coverage afforded under the policies will not be
canceled or materially altered unless at least thirty(30)calendar days prior written notice by
certified mail, retum receipt requested (effective upon proper mailing),has been sent to the
County (through the County's Risk Department). (For purposes of this provision,
"materially altered"shall mean a change affecting the coverage's required herein,including a
change to policy limits as set out in the therncurrent policy declarations page).
Simultaneously with the Certificates of[nsurance, the Contractor shall file with the County,
through the Procurement Officer(and promptly update,as necessary),a certified statement as to
claims pending against the required coverages,reserves established on account ofsuch claims,
defense costs expended and amounu remaining on policy limits.
2. In addition,these Certificates of[nsurance shall contain the following clauses:
a. The clause"other insurance provisions,"in a policy in which the County
of Pitkin holds a Certificate, shall not apply to the Counry of Pitkin.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
c. Any and all deductibles in the above-described insurance policies shall
be assumed by and be for the amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen(15)days prior to a policy's expiration date except for
any policy expiring on the expiration date of this Contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this Contract.
VIII. Exemptions and Preferences.
A. All purchases of construction or building or any other materials for any Contract shall
not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is
exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent(80%)of each type or
class oF labor employed on such project;except for highway construction,which is subject to C.R.S.
43-2-208,which provides hhat all laborers shall be bonafide residents ofColorado with a preference
. to residents of the County where the Project is performed.
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Federal Aid No. AQC C570-019 November 19,2012
Construc[ion Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line [tem # l 18.58.02523.86122
IX. Protection and Restoration of PropeRV and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
L The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage all land and properiy,
as well as any monuments and property marks until the Procurement Officer has witnessed
or otherwise referenced their location and shall not remove them until directed.
2. The Contractor shall be responsible for all damage or injury to property of
any character, during the prosecution of the Project, resulting from any act, omission,
neglect, or misconduct in its manner or method of executing the Project, or at any time due
to defective Project work or materials,and said responsibility shall not be released until the
project shall have been completed and accepted.
3. When or where any direct or indirect damage or injury is done to.public or
private property by or on account of any act, omission, neglect, or misconduct by the
Contractor in the execution ofthe Project,or in consequence ofthe non-execution thereofby
the Contractor, it shall restore, at its own expense, such property to a condition similar or
equal to that existing before such damage or injury was done, by repairing, rebuilding, or
otherwise restoring as may be directed, or it shall make good such damage or injury in an
acceptable manner.
4. Materials storage,equipment parking,vehicle parking and stockpiling excavated
materials shall be allowed only in those areas designated by the Procurement Officer.
5. [f the Contractor disturbs any ofthe landscape not called for removal,it shall
restore those areas as directed by the Procurement Officer at the Contractor's expense.
B. Hazardous Materials
L The County shall not be responsible for the cost of and the removal or clean
up of Hazardous Materials found in any materials brought to the Project site,after the Project
site is turned over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a written
certification each time materials or equipment is brought onto the Project site that such ,
materials or equipment do not contain Hazardous Materials.
X. Countv Work at the Proiect Site.
A. The County may perform other work related to the Project at the site by the County's
own forces,have other work performed by utility owners or let other direct contracts therefor which
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Federal Aid No. AQC C570-019 November 19, 2012
Construc[ion Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item # 118.58.02523.86122
shall contain terms similar to these. The Contractor shall perform and coordinate iYs activities with
other contractors to avoid conflict and minimize disruptions.
B The Contractor shall afford each utility owner and other contractor who is a pariy to
such a direct contract (or the County if the County is performing the additional work with the
County's employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work, and shall
properly connect and coocdinate the work with theirs. The Contractor shall do all cutting,fitting and
patching of the Project that may be required to make its several parts come together propedy and
integrate with such other work. The Contractor shall not endanger any work of others by cutting,
excavating or otherwise altering their work and will only cut or alter their work with the written
consent of Procurement Officer and the others whose work will be affected. The duties and
re'sponsibilities of Contractor under this paragraph are for the benefit of such utility owners and other
contractors to the extent that there are comparable provisions for the benefit ofthe Contractor in said
direct contracts between the County and such utility owners and other contractors.
C. If any part ofthe Contractor's Project depends for proper execution or results upon the
work of any such other contractor or utility owner(or the County),the Contractor shall inspect and
promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results. The Contractor's
failure to report such conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non-apparent defects and deficiencies in
the other work.
XI. Changes in the Project and Use of ChanQe Orders.
A. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposal and
adjusted schedule of work.The Contractor shall submit a priced proposal for performing the
proposed change in the Project within five(5)days of notice or such other time acceptable to
both parties. When the Contractor and the County reach agreement on the adjustments to the
Contract price and/or Contract time, and changes in the Project, such adjustments shall be
promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Procurement Officer in a letter or written notice with the reference notation "Contractor Change
RequesY'. If the Contractor.(i)receives any oral or written-instructions,directives or interpretatious
of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it
believes are design errors or omissions in the Contract Drawings or Specifications,or(iii)encounters
a differing site condition;or, (iv)is delayed in the progress of the Project;or,(v) becomes aware of
any other matter or circumstance which it believes would require a change in the Contract Price or
Contract Time, the Contractor shall give the Procurement Of6cer prompt written notice of such
matters.
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Federal Aid No. AQC C570-019 November 19, 2012
Construction Praject Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
L Ali Contractor change requests shall be dated, numbered sequentially, and
shall describe the action or event which the Contractor believes may require an e�ctension in
time,price or other modification. The Contractor shall also provide descriptions of possible
Contractor actions or solutions to minimize the cost of the Contractor change request and,
provide an estimate of the adjustment in the Contract price and/or Contract time, which it
believes is appropriate.
2. Contractor Time Requirements.
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this Contract, a
Contractor change request shall be submitted before the Contractor acts on them,but
in no event more than ten(10)consecutive calendar days after they were received or
discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed, but in no event more
than ten (10) consecutive calendar days after the conditions are first discovered.
c. With respect to delays,a Contractor change request shall be submitted
as soon as the Contractor has knowledge of the delay,but in no event more than ten
(10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays,a Contractor change request shall
be submitted as soon as the Contractor has knowledge of the matter or circumstance,
but in no event more than ten (10) consecutive calendar days after the Contractor
becomes aware of such circumstance or matter.
3. Submittal Requirements and Waiver of Claims
, a. If the Co�tractor does not submit a Contractor change request withio
i the time required above,any action by the Contractor related to such order,direction,
instruction, interpretation, determination, design error or omission, or other matter,
including delays or differing site conditions,will not be considered by the County as
a change to the Project and the Contractor waives any claim for an adjustment on the
Contract price or the Contract time.
b. The Contractor shall, at the time a Contractor change request is
" submitted provide the Procurement Officer with a complete and itemized proposaf of
Contract price and time adjustments. The ptoposal shall also contain a detailed
explanation, citing all applicable provisions in this Contract, which supports the
Contractor change request. If the Contractor does not submit its itemized proposal
within the time described above or within such extension, which the Procurement
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Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin Counry Contract# 103-2013
Pitkin County Budget Line [tem# 118.58.02523.86122
Officer,in his/her discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or event
described in the Contract change request.
c. If a Contractor change request is denied by the Procurement Officer,
in whole or in part, any claim for an increase in the Contract price or Contract time
arising out of the act or event described in the Contractor change request is waived
unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of
this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Proiect Work.
A. Access to Project. The Procurement Offlcer and the Procurement Officer's
representatives,other representatives of the County,testing agencies and governmental agencies with
jurisdictional interests shall have access to the Project,at any time for their observation, inspecting and
testing. Contractor shall provide proper and safe conditions for such access.
B. Tests and Inspections.
1. The Contractor shall cooperate with material testing persons and firms,and for
required inspections, and compliance and approval tests for the work performed by the
Contractor or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or arder of any public body
having jurisdiction requires any Project work (or part thereo� to specifically be inspected,
tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and fumish the Procurement Officer the required certificates of inspection,
testing or approvaL The Contractor shall also be responsible for and shall pay all costs in
connection with any inspection or ce-testing required in connection with the County's or the
Procurement Officer's acceptance of a supplier of materials or equipment proposed to be
incorporated in the Project, or of materials or equipment submitted for approval prior to the
Contrac[or's purchase thereof for inwrporation in the Projec[. The cost of all inspections,
testing, re-testing and approvals in addition to the above which are required by this Contract
shall be paid by the Contractor(unless otherwise specified). The County will conduct and pay
for the conformance tests on materials installed in-place, and the Contractor shall pay for re-
testing of all failing and non-conforming materials thereafter.
3. All inspections,tests or approvals other than those required by laws,ordinances,
rule,regulations,code, or order of any public body havingjurisdiction shall be performed by
organizations acceptable to the Procurement Officer.
4. If any Project work(including the work of others)that is to be inspected,tested
or approved is covered without written concurrence of the Procurement Officer, it must be
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Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18 L84
Pitkin Counry Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
uncovered for observation. Such uncovering and testing when required by the Procurement
Officer shall be at the Contractor's expense.
5. Neither observations by the Procurement Officer nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractor's obligations to perform the
Project in accordance with this Contract.
C. Correction or Removal of Defective Work. [f required by the Procurement Officer or
the County,the Contractor shall promptly,as directed,either correct all defective Project work,whether
or�ot fabricated, installed or completed, or, if the Project woxk has been rejected by the Procurement
Officer or the County, remove it from the site and replace it with non-defective Project work. The
Contractor shall bear all direct,indirect and consequential costs of such correction or removal(including
but not limited to fees and charges of engineers, architects, attomeys and other professionals) made
necessary thereby.
D. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Procurement Officer or the County to proceed to
correct and to correct defective Project work or to remove and replace rejected Project work as required
by the Procurement Officer or the County in accordance with paragraph C of this Section, or if the
Contractor fails to perform the Project work in accordance with the Contract Documents, or if the
Contractor fails to comply with any other provision of the Contract Documents,the County may,after
seven(7)days'written notice to the Contractor,correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph the County shall proceed expeditiously to the extent
necessary to complete corrective and remedial action. The County may exclude the Contractor from all
or part of the site, take possession of all or part of the Project, and suspend the Contractor's services
related thereto, take possession of the Contractor's tools, appliances, construction equipment and
machinery at the site and incorporate in the Project all materials and equipment stored at the site oc for
which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow
the County, the County's representatives, agents and employees such access to the site as may be
necessary to enable the County to exercise the rights and remedies under this paragraph. All direct,
indirect and consequential costs of the County in exercising such rights and remedies will be chazged
against the Contractor, and a Change Order will be issued by the County incorporating the necessary
revisions in the Contract price. Such direct, indirect and consequential costs will include but not be
limited to fees and charges of engineers,azchitects,attorneys and other professionals,all court costs and
all costs of repair and replacement of work of others destroyed or damaged by correction,removal or
replacement of the Convactor's defective Project work. The Contractor shall not be allowed an
extension of the Contract time because of any delay in performance of the Project work attributable to
the exercise by the County of the County's rights and remedies hereunder.
XIII. Liquidated Dama¢es. It is the County's intent to complete this project no later than 120
Calendar Days after Notice to Proceed. Liquidated damages of($800 per calendar day shall be paid
if project is not completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed,by and between the
Contractor and the County, that the date of beginning Project work and the time of completion as
14
Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin Cou�ty Contract# 103-2013
Pitkin County Budget Line Item # 118.58.02523.86122
specified herein are essential conditions ofthe Contract.The Contractor agrees that said Project shall be
prosecuted regularly,diligently,and at such rate of progress as wil I ensure completion within the time(s)
specified.It is expressly understood and aa eed,by and between the Contractor and the County,that the
time(s)for completion of the Project described herein are reasonable time(s)for the completion of the
Project, taking into consideraYion the average climatic conditions prevailing in the locality of the
Project.
B. Time is oFthe Essence to the Contract. It is further agreed thattime is ofthe essence in
completing the Project,and that the Project Work Schedule and all dates set forth therein and where in
this Contract,an additional time is allowed for the completion of the Project,the new time limit fixed by
such extension shall be of the essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. [f any portion of the Project is not completed in accordance with any time extensions granted
by the County, the County will suffer damage, the extent of which will be impractical and extremely
difficult to estimate accurately.Therefore,as part of the consideration for executing the Contract, if is
hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in
the Contract. This particular provision shall not be construed as a penalty upon said Contractor for
failing fully to complete said Project as agreed in the Proposal and this Contract nor is it intended,but as
Liquidated Damages to compensate the County for all costs incurred as a result of such breach of
Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays",as contained in paragraph E of this Section,the Contractor expressly agrees to pay
the County as a reasonable estimate ofjust compensation for damages contemplated with the clause,the
amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in
the construction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto
shal I be rendered unable wholly or in part to carry out its obligations under this Contract then such party
shall give notice and full particulars of such Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon,and the obligation ofthe party giving
such no[ice,so far as it is affected by such Force Majeure,shall be suspended during the continuance of
the liability then claimed,but for no longer period,and any such party shall remove or overcome such
inability with all reasonable dispatch.The term Force Majeure as employed herein,shall mean acts of
God, strikes,lockouts, or other industrial disturbances,acts of public enemy,orders of any kind of the
Govemment of the United States or the State of Colorado or any political subdivision, except the
County, or any civil or military authoriTy, insurrection, riots, epidemics, landslides, lightning,
earthquakes,fires,hurricanes,storms,floods,washouts,droughts,arrests,restraint of government and
people,civil disturbances,explosions,breakage or accidents to machinery,pipelines,or canals,or other
causes not reasonably within the control ofthe party claiming such inability.It is understood and agreed
that the settlement of shikes and lockouts shallbe entirely within the discretion of the party having the
difficulty,and that the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the
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Federa] Aid No. AQC C570-019 November 19, 2012
Construction Project Code 18184
Pitkin Counry Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
opposing par[y or paRies when such settlement is unfavorable to it in the judgment of the party having
the difticulty.
E Cumulative Remedy. The liquidated damages referred to herein are intended to be and
are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in
equity, by statute, or under Contract.
XN. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or more of the
following events:
L If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code(Title II,United States Code),as now or hereafter in effect,or if Contractor
takes any equivalent or similar action by filing a petition or otherwise under any other federal or
state law in effect at such time relating to the bankruptcy or insolvency;
2. If a petition is filed against Conh-actor under any chapter of the Bankruptcy
Code as now or hereafrer in effect at the time of filing,or if a petition is filed seeking any such
equivalent or similar relief against Contractor under any other federal or state law in effect at the
time relating to bankruptcy or insolvency;
3. [f the Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian or agent of Contractor is appointed under
applicable law or under Contract,whose appointment or authority to take charge of property of
Contractor is for the purpose of enforcing a Lien against such property or for the purpose of
general administration of such properry for the benefit of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in accordance with this
Contract including but not limited to, failure to supply sufficient skilled workers or suitable
materials or equipment or failure to adhere to the work schedule established in this Contract;
6. Ifthe Contractordisregards laws,ordinances,rules,regulations,ororders ofany
public body havingjurisdiction;
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten (10)
days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall
become the County's property. Contractor shall be entitled to receive compensation in accordance
with the Contract for any satisfactory Project work completed pursuan[to the terms of this Contract
prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of
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Federal Aid No.AQC C570-019 November 19,2012
Construc[ion Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
liability to the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor.
XV. Independent Contractor Status.
A. The paRies to this contract intend that the relationship between them contemplated by
the contract is that of independent Contractor. Contractor, and any agent, employee,or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer ldentification Number Request.
XVI. Computation of Time.
A. When any period of time is re£erred to in this Contract by days,it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. q
�
B. All times stated in this Contract are of the essence.
XVIL Records and Cost Pricina Data.
A. The Contractor shall maintain in a safe place at the site one record copy of a11
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive
Changes,Field Orders and written interpretatio�s aud clarifications in good order and annotated and
updated weekly to show all changes made during construction. These record documents together
with all approved samples will be available to the Procurement Officer for reference. Upon
completion ofthe Project,these record documents and samples will be delivered to the Procurement
Officer for the County. _
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Federal Aid No.AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract,in accordance with generally accepted accounting principles,and shall preserve and
make available all data and records until the expiration of three(3)years from the date of final payment
under this Contract, or for such longer period, if any, as is required by applicable statute or by other
aRicles of this Contract The County shall have access to all such data and records for such time period
to inspect,audit and make copies thereof during normal business hours.The Contractor covenants and
agrees that it shall require that any subcontractor utilized in the performance of this Contract to permit
the authorized representatives of the County,to similarly inspect and audit all data and records of said
subcontractors relating to the performance of said subcontractors under this Contract for the same time
period.
C. If this Contract is completely or partially terminated,the records relating to the Project
terminated shall be made available for three (3) years after any resulting final termination payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising under or
relating to the performance of this Contract shall be made available until disposition of such appeals,
litigation, or claims.
XVIII. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by the
County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to �
binding arbitration.�The paRies agree that any disputes concerning the terms and conditions of this
Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant Yo the cules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
C. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term,
section, or other provision shall not affect any of the remaining provisions of this Contract, and to
this end, each term, section and provision of this Contract shall be severable.
D. [ntegration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,representations,
or Contract,either written or oral. This Contract may be amended only by written Contract signed by
both the County and the Contractor.
E. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed.to be
exclusively in the courts of Pitkin County, Colorado.
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Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
F. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the arbitration described in this section,the substantially prevailing
party shall be entitled to its costs and reasonable attorney's fees.
G. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights, immunities,and
protections provided by the Colorado Governmental Immunity Act, 24-10-101,et seg., C.R.S., as
from time to time amended, or otherwise available to Pitkin County or any of its officers,agents or
employees. FuRher,nothing in this Contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any properry damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
H. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shali constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject
to Pitkin County's annual right to budget and appropriate the sums�ecessary to provide the services
set foRh herein. No provisions ofthe Contract shall constitute a mandatory charge or requirement in
any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
L Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (1)hand delivery to the person at the address below or(2) by certified first
class mail, postage prepaid, return receipt requested addressed as follows:
1. To Pitkin County '
Lindsey Utter
Recreation Planner
Pitkin County Open Space and Trails
530 East Main Street, 3`d Floor
Aspen, CO 81611
I ind sev.utter(cilco.p itkin.c o.us
Desk: (970)920.5224
� with copies to:
Pitkin County Attomey's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
2. To Contractor:
Gould Construction, Inc
PO Box 130
Glenwood Springs, CO 81602
19
. ,
Federal Aid No. AQC C570-019 November 19,2012
Construction Project Code 18184
Pitkin Counry Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
J. Waiver. No waiver by either party of any right, term or condition of this Contract
shall be deemed or construed as a waiver of any other right,term or condition,nor shal I a waiver of
any breach hereof be deemed to constitute a waiver of any subsequent breach,whether of the same
or of a different provision of this Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract,Contractor makes the following
representations:
1. Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations,tests,and subsurface investigations to define the latent physical conditions of
the construction site affecting cost, progress, or performance of Project.
3. Contractor has made or caused to be made examinations,investigations,and
tests and studies of such repoRs and related data as it deems necessary for the performance of
Project at the Contract price, within the Contract time, and in accordance with the other
terms and conditions of this Contract and no additional examinations, investigations,tests,
reports, or similar data are or will be required by Contractor for such purposes.
4. Contractor has correlated the results of all such observations,examinations,
investigations, tests, reports and data with the terms and conditions of this Contract.
5. Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the written resolution
thereof by Procurement Officer is acceptable to Contractor.
6. By executing this Contract, the Contractor represents that it has visited the
site, familiarized itself with the local conditions under which the Project work is to be
performed (including weather conditions which can be expected), and correlated its
observations with the requirements of this Contract.
7. The undersigned representative of Contractor represents that it is an
authorized representative of Contractar for the purposes of executing this Contract and that it
has full and complete authority to enter into this Contract on behalf of Contractor.
XX. , Counterparts. This Contract may be executed in multiple counterparts,.each ofwhich shall
constitute an original, but all of which shall constitute one and the same document.
XXL Ille�al Aliens— Public Contracts for Services -
20
; :
` Federal Aid No. AQC C570-019 November 19,2012
Construction Project C,ode 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item# 118.58.02523.86122
[n conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended;
l. Contractor shall not knowingly employ or contract with an illegal alien to perform work
underthe public contract for services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
contractox that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the public contract for services.
3. Contractor has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services through participation in
either the E-Verify Program or the Department Program.
4. Contractor shall use either the E-Verify Program or the Department Program procedures to
undertake pre-employment screening ofjob applicants while the public contract for services is being
performed.
5. Should Conhactor obtain actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien,Contractor shall be
required to:
(a) Notify the subcontractor and the County within three days that
the contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien;
(b) Terminate the subcontract with the subcontractor if within three
days of receiving the required notice the subcontractor does not stop
employing or contracting with the illegal alien; except that the
contractor shall not terminate the contract with the subcontractor if
the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an
illegal alien;
6. Contractor shall comply with any reasonable request by the department made in the course of
an investigation that the department is undertaking pursuant to
C.R.S. 8-17.5-102(5).
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Federal Aid No. AQC C570-019 November 19, 2012
Construction Project Code 18184
Pitkin County Contract# 103-2013
Pitkin County Budget Line Item # 118.58.02523.86122
IN WIT'NESS WfIEREOF, the parties have executed this Contract as of the date first set out
herein above.
CONTRACTOR
Gould Construction
By:
Mark C. Gould, President, CEO, CFO
Jw�- y�. 2o�3
Date
PITHIN COUNTY, COLORADO
MANAGER APPROVAL: SECT[ON APPROVAL:
�- ,�. � �� �. �5�3 �,.-,- �I-�I��
Jon Peaco c, County Manager Date Section Leader Date
RECOMMENDED FOR APPROVAL:
e��o.vl • �3
inds y tter, Procurement Officer Date
IF A NON- STANDARD/ADD[TIONAL LANGUAGE ADDED:
� �2/3 -` a �
n El o Attorney Date is Jewkes, Ris anagement e
22
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.� .R��t.Vef`.�.� 1 " _ . .-�f.�u,ti .
PROPOSAL FORM
Proposal'['ime:2P�I PTOposal Date: Junc 1 l�',2013
F! .
Prum; f���Lt�C'(` C�L,,IS`l�cLiC�7Cr,{, �yrc.
���� L�c.� �'u
� l�,d�cuc,-��(� •�/?�/� Lc� �/� � 'L
Phone 9�l S- �?�` / Fax '�`fs' t>�3"71
E=mai] Address: �ale (�C-e�. Cv,�%y .�c�iaa :.�:��7,,
To: TI-IE PITKiN COUNTY BOARD OP COMNIISSION�RS
c/o Lindsey Uttex
530 East&iain Street,Tliiccl Floar
Aspen, CO 816 t 1
For;Rio Grande T�°ail at Woody Creelc
Pursuant to a request by the. Pitkin County Commissioners, the undersigned Proposer
having ezamined this Request for Proposals (RCP), including thc sitc of thc proposed
Project and being familiar with conditions surrowiding the construction of the proposed
Project, including the availability of materials and labor hereUy proposed to.furnish all -
labo�, materials, sitpplies, 6oiids, permits, services and supeivision i�equired to perform
the Project far the project ideutified ab�ve and listed beloGV and as detailed in this RFP
For U�e sum of: / ,�{ ��o 0
c. / /ju�`�G��°J.'�
The"Iump sum oF��M��*��'�r��% llollars ($S��/9'�'NO 1
The project will be complctcd within ��� �`���d
�� wat��ang. ays of initiating the Yroject.
I
I Description:
' � o-.� 20�3 •
; Proposed roject timeline: S�^^'�'�^�*�. �
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CONTRACT
IINYTS I�IAN$Y� �ARp �ESCRIP110N IINITPPICE TOTAL
OAY �10 G3a0oa12 TRAFFlCCANTRd.NNNAGE�lEHi �
����P��-��, _��,� �cY;Lti�.�Pz�C=;'-/:1¢�5_� __ �� S ��rS'l�,
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ET '20 610A0]60 ORUTACHANNEL17JN CENCE �
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TOTALCON9TRUCTI4NITEN3: 5 i � i�
FA 1 ' TOOJ0090 FlAMINORG0.'VTRPCTREVISIOtI$
(Unif FMO�LWttS) Filleen Thou3aM 525,000.61 525,000.W
FA t 1WTOUIG� FlAFUELCOSTPDJUSTMEM
(Un4Prk9-Vfitdq OneThasmW 51,OOO.W 'S1.CN.CO
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TOTAL BASE&D: .5 5 �-/ JI �����v
BIUAL7ERNATE-A�D
LS Y 60f�60Y15 /BRIOGEOE/CfrOtN3(Ipa) (^�A ��
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,
PERFORMANCE BOND
Bond# S391126
KNOW ALL MEN BY THESE PRESENTS: That
Gould Construction, Inc:
(Name of Contractor)
P O Box 130 Glenwood Sprinas CO 81602
(Atltlress of Cont2clor)
a Corporation , hereinafter called Principal,
(Corporation,PaMerehip or Individual)
and
Employers Mutual Casualty Company
(Name of Sure�y)
P.O. Box 712,Des Moines, IA 50306
' (Address of Surety)
Hereinafter called Surety, are jointly and severally held and frmly bound unto
Pitkin County
(Name of Owner)
530 East Main Street Aspen CO 61611
(Address of Owner)
hereinafter called OWNER, in the penal sum of FIVE HUNDRED FORTY-FIVE THOUSAND ONE HUNDRED EIGHTY
DOLLARS, (5545,180.00 )in lawful money of the United States, for the payment of which sum well and
and truly to be made,we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
OWNER, dated the Z�p"y�`- day of June 2013 , a copy of which is hereto attached and
made a part hereof for the construction of:
Rio Grande Treil at Woody Creek
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which
may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he
shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the
OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the
OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
Page 1 of 2 a7
XDP
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the
SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the
Contract that is the subject of this BOND.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of
any beneficiary hereunder,whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in � counterparts, each one
(number)
of which shall be deemed an original, this Z(p'� day of June 2013
ATTEST: Gould Con. ruction
Principa
�---' By
' ' �(Principap Secretary
� i
SEAL) ' P.O. Box 130
. (Address)
Glenwood Sprinas, CO 81602
, Wiiness as to Pnncipal
P.O. Box 130
(Adtlress)
Glenwood Springs, CO 81602 Employers Mutual Casuaity Company
Surery
ATTEST'
� �4�.t. �C1/—G�. BY l'�' �
bVitne s as to Surery Attomey-io-Fact
Ashley K.Anders n
2742 Crossroads f31vd P.O. Box 712
(Andress) (Address)
Grand Junction. Cd 81506 Des Moines, IA 50306
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular
570 as amended)and be authorized to transact business in the State where the PROJECT is located.
(Accompany this bond with Attorney-in-fact's authority from the Surety to execute bond, certified to include the date of the
bond.)
Page 2 of 2 �
PAYMENT BOND
Bond#S391126
KNOW ALL MEN BY THESE PRESENTS: That
Gould Construction, Inc.
(Name of Contracror)
P.O. Box 130, Glenwood Springs, CO 81602
(Address of Cantrac�or)
a Corporation , hereinaftercalled Principal,
(COrporalion,Partnership or Individual)
and
Emplovers Mutual Casualtv Companv
(Name of Surety)
P.O. Box 712, Des Moines, IA 50306
(Address of Surety)
Hereinafter called Surety, are jointly and severally held and firmly bound unto
Pitkin County
(Name of Owner)
530 East Main Street Aspen CO 81611
(Address of Owner)
hereinafter called OWNER, in the penal sum of FIVE HUNDRED FORTY-FIVE THOUSAND ONE HUNDRED EIGHTY
DOLLARS, ($545,180.00 )in lawful money of the United States, for the payment of which sum well
and truly to be made,we bind ourselves, successors, and assigns,jointly and severally, frmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract wilh the
OWNER, dated the a(p'�"j^ day of June 2013 , a copy of which is hereto
attached and made a paR hereof for the construction of:
Rio Grande Trail at Woody Creek
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and
corporations furnishing materials for or performing labor in lhe prosecution of the WORK provided for in such contract,
and any authorized extension or modifcation thereof, including all amounts due for materials, lubricants, oil, gasoline, coal
and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such
WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by
SUBCONTRACTOR or otherwise, then this obligation shall be void; othenrrise to remain in full force and effect.
Page 1 of 2 ��
XDP
, ,
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the WORK lo be performed lhereunder or lhe
SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the
Contract that is the subject of this BOND.
PROVIDED, FURTHER, Ihat no final settlement between the OWNER and the CONTRACTOR shall abridge the right of
any benefciary hereunder,whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in � counterparts, each one
(number)
of which shall be deemed an original, this �(o-l�— day of June 2013 �
ATTEST: Gould Construction, Inc.
., Principal
✓' �/.'�`�!�
/ . �
(Principaq Secretary
(SEAL) ' P.O. Box 130
(Address)
Glenwood Sprinqs CO 81602
Witness as to Pnncipal
P.O. Box 130
(Address)
Glenwood Springs, CO 81602 Employers Mutual Casualty Company
Surery
ATTEST:
� ��X 1/O_ BY� 9 ° ""�^� �.
Wimess as m Surety Ashley K.Anders A��orney-in-Fact
2742 Crossroads Blvei P.O. Box 712
(i.tltlress) (Adtlress)
Grand Junction. CO 85506 Des Moines. IA 50306
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury DepartmenYs most current list (Circular
570 as amended)and be authorized to transact business in the State where lhe PROJECT is located.
(Accompany this bond with Attorney-in-facYs authority from the Surety to execute bond, certified to include lhe date of the
bond.)
� Page 2 of 2 �,(�
�. ,
/EMCInsurance Companies�
P.O.Box 712•Des Moines,lowa 50306-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casually Company,an lowa Corporation 5. Dakota Fire Insurence Company,a North Dakota Corporation
2. EMCASCO lnsurance Company,an lowa Corporotion 6. EMC Property&Casualty Company,an lowa Corporation
3. Union Insurance Company of Providence,an lowa Corporation 7, Hamilton Mutual Insurance Company,an lowa Corporation
4. Illinois EMCASCO lnsurance Company,an lowa Corporation
hereinafler referred to severally as"Compan�'and collectivety as"Companies",each does,by these presents,make,constitute and appoint:
TIMOTHY J.BLANCHARD,ANDREW P.WALTERS,ASHLEY K.ANDERSON,JONATHAN B.IAND,INDIVIDUALLY,GRAND JUNCTION,COLORADO
its true and Iawful atlorney-imfact,with full power and authoriry conferred to sign,seal,and execute the following Surety Bond:
ANY AN D ALL BONDS
and lo bind each Company thereby as tully and to the same extent as if such insiruments were signed by the dury authonzed officers of each such Company,and all
of the acts of said attomey pursuani to ihe aulhority hereby given are hereby ratified and conFirmed.
The authority hereby granted shall expire April 1,2015 unless sooner revoked. �
AUTHORITY FOR POWER OF ATTORNEY.
This Power-of-Atrorney is made and executed pursuanl to and by ihe authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authoriry to(1)appoint aitomeys-in-fact and authorize ihem to execute on behalf of each Company and anach the seal of the Company thereto,bonds
and undertakings,recognizances,conlrads of indemnity and other wrilinqs obligarory in the nalure lhereof;and(2)to remove any such attorney-in-tact at any time
and revoke the power and authority given to him or her,Attomeys-imfacl shall have power and aWhori�y,subject to the terms and limitations of the powervof-attorney
issued to them,to execute and deliver on behalf of the Company,and to attach ihe seal of lhe Company ihereto,bonds and undertakings,recognizances,contracts of
indemnity and other wrilings obligatory in lhe na�ure thereof,and any such instmmenl execuled by any such attorney-in-fact shall be fully and in all respecis binding upon
the Company.Cedification as to the validily of any power-ot-attorney aWhorized herein matle hy an officer of Employers Mutual Casualty Company shall be fully and In all
respecis binding upon ihis Company.The facsimile or mechanically reproduced signaW re of such off icer,whether made heretofore or hereafter,wherever appearing upon
a cedified copy of any powerof-attomey of lhe Company,shall be valid and binding upon the Company with the same force and effect as ihough manually affixed.
IN WITN ESS TH EREOF,the Companies have caused ihese presents to be signed for each by their off icers as shown,and ihe Corporate seals to be herelo aff ixed this
22nd day of June,2010. ��� /����
Seals
;,`S�OINSUAy�'. �`FCOMP91,'. •,`pM1YiCy�'.
_W�'�,4pPVOnq�'.,��a^'. '2�.`40PVO4a�YO: :OQ�?`pPlOnar SG'.
, ;�_ ;Q, . _ Bruce G.Kelley,Chairman Michael Freel
;�? SEAL ;n? ;�; 1863�?o? i�; 1953�=9 of Companies 2,3,4,5&6;President Assistant Secretary
:�., ;z: : ., �owa :�. :s- ;:o^: of Company 1;Vice Chairman and
�''.,;'��own ";<� ,���n�.�3��AO�. ,.+., ��oaw „ CEO of Compeny 7
;'S��H'• ;"NS;,'„';H-,., ;M�;;,q('�;,, On this 22nd day of June,AD 2010 before me a Notary Public in and for the State of lowa,
��".•���"�"�- � E�.•��•�•, < •- personally appeared Bruce G. Kelley and Michael Freel,who, being by me duly sworn,
:P4`��l�OI1�F�e: :4e�`OP�OI�'i�Cp: :,P;�`OP�Oq1f:9:.
_ •� - 'F•,�_ ;y_ -a a did say that they are,and are known to me to be the Chairman, President,Vice Chairman
?w: SEAL ;<= `g; SEAL ?�? ;W; SEAL `g` and CEO,and/or Assistant Secrelary, respectively,of each of the Companies above;that
•. � =;•i, �tip•,' =;,��s ,�P,;= the seals aflixed to this instrument are the seals of said corporations;ihat said instrument
��"•-,`��ow:';'�' '•;,°j+*H'oA+-°„°� •,.,^+o��,ES`;; was signed and sealed on behalt ot each of the Companies by authority of their respective
°„�^'•" """„" ""°�"" Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,
aM�T�A[�,�, acknowledged the execution o(said instrument to be their voluntary act and deed,and�he
�o UTUq s�p voluntary act and deed of each of the Companies.
a L),��c� 2 plA� LAUREL A. BLOSS
� .i Y� m oP � My Commission Expires March 13,2014.
"� COMMISSION NO. 183662 � n _ �,�^-^"`�J\-J
�`"s��pp�1'`"p° MYCOMMISSIONEXPIRES `��
�/NES.�p3� ' �owr.' _ 3"'I["{'
. Notary Public in and tor ihe State of lowa
CERTIFICATE
i,James D.Clough,Vice President ot the Companies,do hereby cetlify that the foregoing resolution ot the Boards of Directors by each oi the Companies,and
this Power of Attomey issued pursuant thereto on 22nd day of June,2010,are true and correct and are still in full(orce and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company�his �Z G day of June , 2013
�y� �-----G!�,li��� VicePresideN
. .
� Interchange Corporate Center
}.�, 450 Plymouth Road, Suite 400
Liber l V Plymouth Meeting,PA 19462-1644
J PH.(610)832-8240
Mutual„
THIS BOND IS SUBJECT TO THE ATTACHED DUAL OBLIGEE RIDER
MAINTENANCE BOND
Bond Number: 327014655
KNOW ALL MEN BY THESE PRESENTS, that we ELAM CONSTRUCTION, INC.
as Principal, (the "Principal"), and Liberty Mutual Insurance Company, a mutual company duly organized under the
laws of the Commonwealth of Massachusetts, as Surety, (the"Surety"), are held and firmly bound unto
GOULD CONSTRUCTION, INC.
as Obligee(the"Obligee"), in the penal sum of THIRTY FIVE THOUSAND AND 00/100
Dollars ($35,000.00),
for the payment of which sum well and truly to be made, the Principal and lhe Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the Principal has by written agreement dated JULY 12, 2013, entered into a contract(the"Contracf')
with the Obligee for RIO GRAND TRAIL AT WOODY CREEK PITKIN COUNTY #103-2013
CDOT PROJECT CODE 18184 AND#AQC C570-019
which contract is by reference made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the
Obligee any defect which may develop during a period of THREE (3) year(s) from the date of completion and
acceptance of the work performed under the Contract provided such defects are caused by defective or inferior
materials or workmanship, then this obligation shall be null and void; otherwise it shall be and remain in full force and
effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT, that any claims must be presented in writing to
Liberty Mutual Insurance Company to the attention of Liberty Mutual Insurance Company, Surety Law Department,
450 Plymouth Road, Ste.400, Plymouth Meeting, PA 19462-1644.
DATED as of this 12TH day of JULY, 2013.
ELAM CONST UCTION, INC. (Seal)
Principal
WITNESS/ATTEST: //
✓�, � �", By /�[/
,
Jason D. Cates, Secretary ame: odd Bauer
Title: president
LIBERTY MUTUAL INSURANCE COMPANY (Seal)
Surety
Y
A DAV ,
3 �-
LBS-5300 Rev_10/95
-, I;il7erty
Mutual� DUAL OBLIGEE RIDER
TO BE ATTACHED TO AND FORM PART OF Bond No. 327014655 issued by Liberty Mutual Insurance
Company, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as
Surety, on behalf of ELAM CONSTRUCTION, INC. as Principal, and in favor of GOULD
CONSTRUCTION, INC. & PITKIN COUNTY OPEN SPACE AND TRAILS as Obligees.
IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond (s) are hereby
amended to include the following paragraph:
Not withstanding anything contained herein to the contrary, there shall be no liability on the
part of the Principal or Surety under this bond to the Obligees, or either of them, unless the
Obligees, or either of them, shall make payments to the Principal, or to the Surery in case it
arranges for completion of the Contract upon default of the Principal, strictly in accordance
with the terms of said Contract as to payments, and shall perform all the other obligations
required to be performed under said Contract at the time and in the manner therein set forth.
IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to
change, alter or vary the terms of the above described bond (s) except as herein before set forth.
SIGNED, SEALED AND DATED this 12TH day of JULY , 2013.
ELAM CONSTRUCTION, INC. (Seal)
Princip �
By:
Name: Todd Bauer
Title: President
LIBERTY MUTUAL INSURANCE COMPANY (Seal)
Surety �
By:
torney-In-Fa
Accepted By:
GOULD CONSTRUCTION, INC.
By: Date:
Name&Title:
PITKIN COUNTY OPEN SPACE AND TRAILS
By: Date:
Name&Title:
By: Date:
Name&Title:
By: Date:
Name&Title:
�J �
SURETY ACKNOWLEDGMENT
STATE OF UTAH }
COUNTY OF SALT LAKE } SS
On this 12TH day of JULY, 2013, before me personally came TINA DAVIS to me
known, who, being by me duly sworn, did depose and say that she is an Attorney-In-
Fact of LIBERTY MUTUAL INSURANCE COMPANY the corporation described
in and which executed the within instrument; that she knows the corporate seal of
said corporation, that the seal affixed to the within instrument is such corporate
seal, and that she signed the said instrument and affixed the said seal as Attorney-
In-Fact of the Board of Directors of said corporation and by authority of this office
under the Standing Resolutions thereof.
�
Nota Public
� �o�fqe ����..���'�°��w��+�q�
� ,✓ �. Notary Pu611a �
i ��'� LINDBEY PLATTNBq �
� S commiumn Nume.�aaeaae �
� s v", MY commb�lon OaPlroa 1
� r „ $'� NovsmD�r 30,P01E 1
� " ••� State ot Utah �
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�TH S p0 R OF'AITORNEY S NO VALID UNLESS T IS PR ED O ED BACKG O ND��'ti��"W'�✓���✓
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��his`Bo�newf Ad�ey.limrts th��.t�ho,senamed_h`e em✓d.th y.have no authontyto bmdv Company excep`t m,the manner and to the extent hevn atxted tiN_�
ff ff��ri'��-��Jf 1i%�'��f�i��✓�i-�f��' ������j�����N�si3ds�a v
�s���^�-�-�.�'���-�.�e Ohio�.CV anl�Inss�an e ComPpan��Wesumencaln'In's�uv_Fa�n eCCompa y�1v.�\�����
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POWER OF i4T:TORNEY
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�KNOWN`ALL PERSONS BY THESE,PRESENTS_Thal AmencanvFire&Casaalry,Company.aoB The.OhioAasualty.lnsurance Company;are coryorations duy orgamzed.unde`r theiav_is of�
�he State of New Hampshire ihat Libetly Mutual Insurance Company is a co�pora6on tloly o(ganized under�fielawVOf th.e S�ate of Massachusetls-and�WestAmencaR.lnsurence Company�
�;`is a co�iyorahon duly org^anaed unde[ihe lav�of ihe:Staie of Indiana(herein collectively`called���he"Companies�);pursuant to and tiy authonty herein se4forth�does hereby namev-cronstilute��
u'��.... ...�;-.�,,
�,:and appoin��lessica AmolA.-Gindsay�Platiner-Lisa Hall�Tina Daw�=r�� l'��U�v�����`�����"�
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^al^ofthecAy.of=Salt�LakeCiN slaleo`UT`Mieachinvividually\there�,be�morethan�one^named=v^We�and,lawfuletlomeyio-factto�mak^�zecule seal;acknovAedge`�
�^`arM defiver for�don its behaH as surety and�.as Rs-^acl�d�.de-^ed;any and all undertak�ngs borids�jecognunces and other surety obliga6ons'in�,puisuance of these presenis:add'sfiall\�
�\be as bind�g upon ihe Companies as d tfiey.have been duly;signed��6y the presitlent and�attested by.ihe secretary`.ofthe Companies in Uiei�ovmpmper perso`ns���-�~'��
�.���'f.iv��f.�`i-����.,�ws�^..��:
;;��IN�.WITNESS WHEREOF�itiis�.POwer�o\f�Attoly�has been;subscrJ d bya�auth�red ofF r'ov iaziof�v:Companies apd�ihe corporete;seals of:the Companies:have�been�.affxed��;:
v`:lheretothl5�22nd�.dayof �Mav� %��i� 2013i/C,�f�`�����%��^���`-��f ' "
��l^� �l ✓\i � �./�� �J�"'/�'✓" _ f,��/�.�.�"�..�^��^�-'^i\"/��✓"�n��1 ���
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ui.:�ja^ '£� �1 T ,�»zve'r r '� ; ��.�i�'� ^ � U���... ��Th Y...... P Y�'-.^w. .
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� ��,r'V,.�.`� - f ���it� -, vi�"�-� � �iv� -�-�^�w'�-tiv��l�:ibert Mutuallnsurance.Com an %�'V�`� ! ':
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� .`s>�`��c"�`i' ���. .�t^-v����t`��r�'�#� ,1-�'-v�'v`N^"-^i��'ti^Wesumerican Insuran��.Compan���-v fy: :
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�""-����'��`'��l�f� �� ✓���Gregory� Davenport Ass�nDSecretary!�.�i-� �C:
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i �Oothis 22ntl�'day.of-Mav :✓'2013 ;before me personalty appeared Gregory W�Dave`port_wfw��krrowledged hv If to�be�[he Assistani_Secretary�of�Amencan�� �.F,:
ef y Fireand�CawaRyCompany�Liberty;Mutual��InsurenceiCompanyTheOfiioCasuaAyCompany.andWestAmencaolnsiirance.Companyand.thathe as�such.beirg-authonzedsotodo N�;
w ��i� �. ��i.��i✓ v�.�� .� . . - �.�i-. �-�-r �-��;i�v'-�/� �d W, :
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�d >'iW�WITNESSWHEREOFIIIva�vehereuntosubscrvbedmy;n�ame.and�n�otvaria\sealatSe�lWashingtoU`e��,an`aftabovewniten.-��-� 0'C'
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C �;ThisPowErotAttomeyismadeandexecuted.pursuanitoandby:authonry.ofthefolbvnngBylawsandAuthonzalronsofAmencanEiieandCesualry.Company:TfieOhioCasuallylnwrance y,o :
��'Company;�bertyMdtualln wance;Company and�WeslAm`erican�InsuianceCompany�which�2sopitionsa2nowm�full�force�and�eHect2adin_g�asMllows"�-� t;o� =
�a �v v�i,�w'�:��.��v"�^��`.ti.�-�v�v��..�u^-w��^`�i� �.� -v--�� �.��.� w.o��� -
ie m��MTICLEIV OFF�CERS Sectionl2 PowerofAttomeyAnyoKcerorotheCOR�cialoflheCorporahonauthonzedforthatpurpos`einwn6ngby,theCha�rtnanorthePre@ident andsub�ect� p L.:
�� i\i��\�..,v l �/ �.� vl ./�. � i
w,��to such hrtuWtwn�as.Ure-0hmman�or ihe.PresWentmay�prescnbe,shall appomilsuch attomeys-in fact�a5may:tie�.necesSary to act m behalf of.the.Corybratron:lo make enecute.seal �.d °
r � � �n �_i i� ✓v. ✓ v � c .. ¢��j
pC,�acknowledge.andtlelrverassuiery,anyandallundedakmgstionds;recogrnzan�esandothecsurety_obhgatioos Such�att�eysin-`fa�4�\so6ect_t�itiehmit`ationsseffoAhintheirrespectrve� .a_�.
��d;_poweis�oU mey_shall have full�power.to bind,ihe Corporalan:by itieirsignalure�and:ezecution.of any.sucli�.instrurt�nts�arMlo altach'ifiereto:Uie seal of ihe`.CarporaGOn,lMien so�� y_:
0.�;:exe`uted suchinstnimentsshallbeasbindmg:asifs�gnedtiyihe`P2sidentanB�altestedto:bytheSec2taryAnypoweror9uthontygran�edioany.rep�esentativeoraflomey:-in-fectunder�. >-�-'
-_��,l�he pr�oris�i^dicle may 6e7evo�y,��e by tlie$oa d th`Cha m;an the Preside'n�by�hevicer oroffcer granhng s\h�power�authonly„f���v� L:,��=
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� ��;ARTICLEXIII ExecutionoCContracts SECTION�5 SuretyBOnds'andUndedakings Any�oRcerof.the:CompanyaNBonzedfor,thatpurpose,inwrdingbgthechairman�orthe;president .ao: c
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> `� :antl sub�ect to such^imitations as lhe^hairman orShe�president may presaibe�shall.appoint such attorneYs in facfas magbe necessary to act in 6ehalf.o(the Company^o make ezeate . I�'?
p ���seal�acknowledge�and deliveras�surery;anyaodallwMe�iakings�honds recogn¢ances^and:other:su2ty`obligations Such,attoineysm�fael sub7ec4to�.the�.6mita6ons seLtorth�fn their '�-
u;_2spe`cWe�v.ers ot�tomey,stizlJ ave tull�wer to bvrM the�,Company,by Ihe��signeture^and execufron of any such.insW ments anA io eltach the2lo ihe�sealbf tlie Cortipany:Wlien sa O�o: =
�u'i�-. �ezecutedsuchinsVUrremsshallbeasbiMing�,asdsgnedtiy.ihe.preadent�arid�atlestedby�Nesecretary ���-����v� V:��.
� �"� _-�^'��'� ����v `-J ^��`����..��/��vi� H. .:
�Certificate.of Designa6on The;PresMent bf the-Company acfrg pursuent to�ihe Bylsws�of.ihe Company`authonzes�Gre o �W Daven otl.As5i51ant�Secret to a mt such �'
tiaHOmeys m-fact��may�be�nerzssary lo�xt on��behalf of-llie��Company to-make ezecute�.seal.acknaMedg`e`end delrver as surety any�aiM�allPundetlakings.boiMs iecognizznces and:� =
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�r�AfAhonz56on�Byunanimousconsentofthe.Companys�BO\allof�,Directors ihe�Companyconsents.that�fxsirtule„ormechanically:reprod^ced ignat�ofanyassistan`secretaryoithe��
�Co\mpany-Whereveiappearing.upon,a ce�fled copy;o`�y,p`o�w�o�zttomey�ssu`d by the.C6mpJnpiv nnecUo`n with'�sure,ty,-boqds;shall.ti�.v"alid and�biridiog`upovqlhe Company.with�.,�
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�AmexanlnsuianceCompanydohe2tiyceNfy.that�r�gialpowero_ ,\attomeyofwhiclithk2gongisau�andmrrevcopyoflhePOVOfAnomey,evteAbyvCo,mpanies,��
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FHWA-1273— Revised May 1,2012
REQUIRED CONTRACT PROVISIONS � .
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these � �`
II. Nondiscrimination Required Contract Provisions may be suffcient gmunds for �� ,
III. Nonsegregated Facilities withholding of progress payments,withholding of fnal
IV. Davis-Bacon antl Related Act Provisions payment,termination of ihe contract,suspension/debartnenl
V. Contract Work Hours and Safery Standards Act or any other action detertnined to be appropriate by ihe �
Provisions contracting agency and FFNVA. �
VI. Subletting orASSigning the Contract �
VII. Safety:Accident Prevention 4. Selection of Labor:Dunng the performance of this coniract, .
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor(or any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a consiruction project on a Federal-aid
Pollution Control Act highway unless it is labor perfortned by convicts who are on
� X. Compliance with Govemmentvnde Suspension and parole,supervised release,or probation. The tertn Federal-aid
Debartnenl Requirements highway does not inGude roadways(unctionally classifietl as ,
XI. Certiication Regarding Use of Contract Funds for local roads or rural minor collectors. •
Lobbying - ,
ATTACHMENTS 11. NONDISCRIMINATION
A.Employment and Matenals Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highvray System or Appalachian local Access applicable to all Federal-aid consiruction coniracts and to all ,
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$70,000 or more. The � �
provisions of 23 CFR Part 230 are not applicable to matenal ,
supply,engineering,or amhitectural service contracts. �
I. GENERAL -
In addition,the contractor and all subconiractors must comply '
1. Form FHWA-7273 must be physically incorporated in each with the following policies: 6cecutive Ortler 17246,41 CFR 60,
construction contract funded under Title 23(exGuding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contrads solely intended for debns removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI -
conlractor(or subcontractor)must insert this fortn in each o(the Civil Rights Act of 1964,as amentleq antl related ��
subcontract and further require its inclusion in all lower tier regulations inclutling 49 CFR Parts 21,26 and 27;antl 23 CFR �
subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. �
and other agreements for supplies or services). _ �
The contractor and all subconiractors must comply with: the �
The applicable requiremenis of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporatetl by reference foYwork done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportuniry �
pnme contractor shall be responsible for compliance by any Constmction Contract Specifications in 41 CFR 60-4.3. . �
subcontractor,lower-tier subcontractor or service provitler. . '
� Note:The U.S.Depariment of Labor has exclusive authority to - �
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all suDCOntracts antl in lower tier policies of Ihe Secrelary of Labor including 41 CFR 60,antl 29
subcontracts(exdutling subcontracts for design services, CFR 1625-7627. The contracling agency antl the FHWA have
purchase orders,rental agreements and other agreements for the authonty and the responsibility to ensure compliance with
supplies or services). The design-builtler shall be responsible Title 23 USC Section 140,ihe Rehabilitation Act of 1973,as
. for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),antl Title VI of the Civil Rights Act of �
or service provider. 1964, as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. �
� Contracting agencies may reference Fortn FHWA-1273 in bid
proposal or request for proposal tlocuments,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporatetl(not A,with appropriate revisions to conform to the U.S. �
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding pumhase orders,rental agreements
and other agreements for supplies or services related to a 1.Equal Employmant Opportunity:Equal employment
constr�ction contrac!). opportuniry(EEO)requirements not to discnminate and to take �
. aKrtnative action to assure equal opportunity as set forth
2. SubjeQ to the applicability cntena noted in the following under laws,executive orders,rules,regulations(28 CFR 35, .
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) °
� pertormed on the contract by ihe con�rac�or's own organization and orders of the Secretary of Labor as modified by the � -
and with the assistance of workers under the contrac�or's provisions prescribed herein,and imposed pursuant to 23 � �� '
immediate superintendence antl to all work pertormed on ihe U.S.C. 140 shall constitute the EEO and specifc affirmative �. ���
contracl by piecework,station work,or by subcontract. action standards for the contractofs project activities under - �
� Attachment B
i
this contract.The provisions of the Americans vrith Disabilities 4.Recruitrnent:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contrador will inclutle in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in ihis notation:"An Equal Opportuniry Employer." All such
contract. In the execution of this contract,ihe contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specifc circulation among minonties and women in the area from
requirement adivities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency antl a. The contractor will,�unless precluded by a valid
the Federal Govemment to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith eRort to provitle equal opportunity with respect to all recruitment throughpublic and pnvate employee referral
of its tertns and contlitions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
, potential minority group employees,and establish with such
b.The contractor vrill accept as its operating policy the identified sources procedures whereby minonty and women
following statement: applicants may be referted to ihe contractor for employment
consitleration.
"It is the policy of this Company to assure that applicants �
are employetl,and ihat employees are treatetl tluring b. In the event ihe contractor has a valid bargaining �
employment,without regard to their race,religion,sex,cobr, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability. Such action shall include: contractor is ezpected to observe ihe provisions of that � �
employment,upgrading,demotion,or iransfer,recruitment or agreement to the exlent that the system meets lhe contractors
recmitment advertising;layoff or terminatiorr,rates of pay or compliance with EEO contract provisions. Where
� � other tortns of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discnminating against minorities or women,or obligates the
job training" coniractor to do the same,such implementation violates
Federal nondiscrimination provisions. �
2. EEO Officer:The contractor will designate and make
known to the contracting oficers an EEO OKcer who will have a The contractor will encourage its present employees to
the responsibility for and must be capa6le of effectively refer minonties and women as applicants for employment.
administering and promoting an active EEO program and who Infortnation and procedures vrith regard to referring such
must be assigned atlequate authodty and responsibility to do applicants will be discussetl with employees.
� so.
� 5.Parsonnel Actions:Wages,working conditions,and
9. Dissemination of Policy:All members of the coniractor's employee benefts shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every rype,including hiring,upgrading,
tlischarge employees,or who recommend such action,or vfio promotion,transfer,demotion,layoff,and tertnination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractors EEO policy ongin,age or disability. The following pmcedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classiication of employment. To ensure that the above '
agreement will be met,ihe following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: - sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of pmject site
a. Periodic meetings of supervisory and personnel oKce personnel.
employees will be contlucted before the start of work antl then
not less often than once every siz months,at which time the b. The contrador will periodically evaluate the spread of �
contractor's EEO policy antl its implementation will be wages paid within each classiication to tletermine any
reviewetl antl explained. The meetings will be conducted by evidence of discnminatory wage practices.
- ihe EEO Officer. '
. c. The contrector will penodically review selectetl personnel
b. All new supervisory or personnel office employees will be actions in depth to detertnine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering � discrimination. Where evidence is found,the contractor will
all major aspects of the contractor's EEO obliga[ions wilhin promptly take corrective action. If the review indicates that the
thirty days following their reporting for tluty with fhe contractor. discrimination may e�Aend beyond the actions reviewed,such
corrective action shall include all affected persons.,
c. All personnel who are engaged in direct recr�itment for
[he project will be instructed by the EEO Officer in ihe d. The contractor will promptly investigate all complaints of
contraQOr's procedures for locating antl hiring minonties and alleged discrimination made to the contractor in connection
women. with its obligations under�his contract,will attempt to resolve
such complaints,antl will take appropriate corrective action
tl. Notices and posters setting(orth lhe contractofs EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may aHect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,ihe contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of .
employees by means of ineetings,employee handbooks,or 6.Training and Promotlon:
other appropriate means.
, a. The contrapor will assist in locating,qualiTying,and
increasing the skills of minorities and women who are
3�7
z
applican�s for employment or current employees. Such efforts with ihe requirements for and comply with the Amencans with
should be aimetl at developing full joumey level status Disabilities Act and all rules and regulations established there �
employees in the type of trade or job classifcation involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the conVactor's work force requirements undue hardship.
and as pertnissible under Federaland State regulations,the
contractor shall make full use of t2ining programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship, and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract peAOrtnance. In the event a discnminate on the qrounds of race,color,religion,sex,
special provision for training is provided under this contracl, na�ional origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of matenals and
special provision. The contracting agency may reserve leases of equipment. The coniractor shall take all necessary
training positions for persons who receive welfare assistance and reasona6le sieps lo ensure nontliscrimination in the
in accordance with 23 U.S.C. 140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of Iheir EEO ohligations under this
requiremenis for each. contract.
d. The contractor will periodically review the training and b. 7he contractor will use good faith efforis to ensure
promotion potential of employees who are minorities and subconiractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion. -
10. Assurante Required by 49 CFR 26.13�b�:
7.Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the conirador will use good a. The requirements of 49 CFR Part 26 and lhe State ,
faith effoAS to obtain the cooperation of such unions to DOT's LLS.DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
ihe contrac�or,either directly or through a contractor's
association acting as agent,will include the pmcedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national ongin,or sex in the
performance ot this coniract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with Ihe unions,joint training programs aimed administration of DOT-assisted contracts. FaiWre by the _
toward qualifying more minorities and women for membership contractor to carry out ihese requirements is a material breach
in the unions and increasing the skills of minorities antl women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contrad or such other remedy as the contracting agency
tleems appropriate.
b. The contractor vnll use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contrector shall keep such
union will be contracNally bound to refer applicants without records as necessary to tlocument compliance with the EEO
regard to their race,color,religion,sex,national ongin,age or requirements. Such recortls shall be retained for a penod of
disability. three years-following the date of the fnal payment to the
contrador for all contract work and shall be available at
c. The contractor is to obtain infortnation as to the referral reasonable times and places for inspection by authorized
practices antl policies of the labor union except that to the representatives of the contracting agency and the FHWA.
exlent such infortnation is within ihe exclusive possession of
� ihe labor union and such labor union refuses to fumish such a. The records kept by the coniraclor shall document the
infortnation to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been matle lo obtain such infortna[ioa (1)The number and work hours of minonty antl non-
minority group members and women employed in each work
d. In the event the union is unable to provide lhe contrac[or classifcation on the project;
" with a reasonable flow o(referrals within the time limi[set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color, religion,sex,national opportunities tor minorities antl women;and
ongin,age ortlisability;making full efforts to obtain qualifed '
and/or qualifable minorities and women. The failure of a union (3)The progress and efforts being made in lowting,hiring,
. to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minon�ies antl women;
provide exclusive referrals under the tertns of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
. requirements of this paragraph. In the event the union referral report to the contracting�agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating ihe number of minority,women,and
� pursuant to Executive Ortler 17246,as amended,and these non-minority group employees currently engaged in each vrork
special provisions,such contractor shall immediately notify the classification required by the contract work. This infortnation is
contracting agency. to be reported on Fortn FHWA-7391. The staKng data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants I the last payroll periotl preceding the end of July. If on-the-job
Employees with Disabilities: The con�ractor must be familiar training is being requiretl by special provision,the contractor
�9
3
will be required to collect and report lraining data. The of paragraph i.d.of this section;also,regular contnbutions
employment data should reFlect Ihe work force on board tluring made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover lhe particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropnate
III. NONSEGREGATED FACILITIES wage rate and fringe benefts on the wage determination for
Ihe classifcation of vrork actually performed,without regard to
This provision is applicable lo all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or .
contracts and to all relatetl construction subcontracts of inechanics pertorming work in more than one classifcation
$70,000 or more. may be compensatetl at the rate specified for each
classification for the time actually worked therein: Provided,
The contractor must ensure ihat facilities provided for That lhe employefs payroll recortls accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is pertormed. '
the basis of race,color, religion,sex,or national ongin cannot The wage determination(including any adtlitional classification
result. The contractor may neither require such segregated and wage rates confortned under paragraph i.b.of this
use by written or oral policies nor tolerate such use by section)antl the Davis-Bacon posier(VJFH1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the coniractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,untler the contractor's control,where it can be easily seen by Ihe workers.
the facilities are segregated. The term"facilities"includes .
waiting moms,work areas,reslaurants and other eating areas, b.(1)The coniracting offcer shall require that any class of �
time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employetl under the
recreation or entertainment areas,transpoAation,and housing �ontract shall be classified in conformance with the wage
providetl for employees. The contractor shall provide separate tletermination.The contracting o�cer shall approve an
or single-user resirooms antl necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure pnvacy behveen sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be perfortned by the classification �
requested is not pertortned by a classifcation in the wage
This section is applicable to all Federal-aid construction detertnination;and
projects exceeding$2,000 and to all related subcontracts and �
lower-tier subcontracis(regardless of subcontrad size). The (ii)The classifcation is utilized in the area by the
requiremenis apply to all prqects located within the righbof- construction industry;and
way of a roatlway ihat is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide
local mads or rurel minor collectors,which are exempt.
Coniracting agencies may elect to apply these requirements to fnnge benefts, bears a reasonable relationship to the
other projects. wage rates contained in the wage detertnination.
. The following provisions are from the LLS. Depadment of (z)If the coniractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in ihe Gassification(if known),or their
relaled matters"with minor revisions to confortn to the FHWA- representatives,antl the contracting oKcer agree on ihe
7273 tortnat and FHWA program requirements. classification and wage rate(including the amount
- designated for fnnge benefits where appropriate),a report of
the action taken shall be sent by the coniracting officer to the
1. Minimum wages Atlministrator of[he Wage antl Hour Division, Employment
Standards Administration,U.S.Department of labor,
a. All laborers and mechanics employetl or working upon Washington,DC 20210.�The Administrator,or an authonzed
the site ot Ihe work,will be paid unconditionally and not less � representative,will approve,modify, or tlisapprove every
often than once a week,and without subsequent deducUOn or additional classification action within 30 days of receipt and .
rebate on any account(except such payroll deductions as are so advise ihe coniracting officer or will notify the contracting
pertnitted by regulations issued by Ihe Secrelary of La6or officer within Ihe 30-day penod that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary.
wages and bona fide fnnge benefits(or cash equivalents
thereo�tlue at time of payment computed at rates not less (3)In the event lhe coniractor,the laborers or mechanics -
ihan those contained in ihe wage tletermination of the to be employed in the classification or their representatives,
Secretary of Labor which is attached hereto and made a part and the contracting offcer do not agree on the proposed
hereof,regardless o(any contractual relationship which may classifcation and wage rate(including the amount
be alleged to exist behveen the contractor and such laborers designated for fdnge benefits,where appropnate),the
and mechanics. contracting offcer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contdbutions made or costs reasonably anticipa�ed for bona contracling oKcer,to the Wage and Hour Adminisirator for
fide fringe benefiis under section 7(b)(2)of the Davis-Bacon detertnination.The Wage and Hour Administrator,or an
Act on behalf of laborersor mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the pmvisions 30 days of receipt and so advise the conhacting oKcer or
�9
4
I . • . '
will notify ihe contracting officer within the 30-day penod that Bacon Act,ihe contractor shall maintain records which show
additional time is necessary. Ihat the commitment to provide such benefits is enforceable,
that[he plan or program is fnancially responsible,and that the
(4)The wage rate(including fringe benefits where P�an or program has been communicatetl in wn�ing to the
appropriate)determined pursuant to paragraphs i.b.(2)or laborers or mechanics affeded,and records which show the
t.b.(3)of this section,shall be paid to all workers perfortning costs anticipated or the actual cost incurred in providing such
work in the classiflcation under this contract 6om the frst 6enefits.Contractors employing apprentices or trainees under
day on which work is performed in the classification. approved programs shall maintain written evidence of the
regisiration of apprenticeship programs and certification of
trainee programs,the registration of Ihe apprentices and
c Whenever ihe minimum wage rate prescribed in the trainees,and the retios and wage rates prescribed in the
contract for a class ot laborers or mechanics includes a fringe applicable programs.
henefit which is not expressed as an houdy rate,the contractor
shall either pay the beneft as statetl in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fde fringe benefit or an hourly cash ��ch any contract work is perfortned a copy of all payrolls to
equivalent thereof. the contracling agency. The payrolls submitted shall set out
accurately and completely all of ihe information requiretl to be
- d.If the conirac�or does not make payments to a irustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,ihe contractor may consider as part of the secunty numbers and home addresses shall not be inclutletl
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing.bona fde fnnge benefits include an individually identifying number for each employee(
under a plan or program,Provided,That ihe Secretary of e.g. ,ihe last four digits of the employee's social secunty
Labor has found,upon the written request of the coniractor, number).The required weekly payroll infortnation may be
that the applicable stantlards of ihe Davis-Bacon Act have submitted in any form tlesired.Optional Form WH-347 is
been meL The Secretary of labor may require the coniractor available for this purpose from the Wage and Hour Division
� to set aside in a separate account assets for the meeting of Web site at http:/Iwww.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.7he prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. WithholAing Contractors and subcontractors shall maintain the full social
security number antl current address of each covered worker,
and shall provide them upon request to the contracting agency ,
The contracting agency shall upon its own adion or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of�he Hour Division of the Department of Labor for purposes of an �
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance vrith prevailing wage
the contractor under this contract,or any other Federal requirements. I�is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contraclor to require a subcontractor to provide addresses antl
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the pdme contractor for its own
requirements,which is held by the same pdme contraclor,so records,without weekly submission to the contracting agency..
much of the accrued paymenis or advances as may be
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a �
including apprentices,treinees,and helpers,employed by the -Statement of Compliance,"signed by the contractor or
contractor or any subcontractor the full amount o(vrages subconiractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any payment of ihe persons employed under the contract and shall
laborer or mechaniq including any apprentice,trainee,or certify the following: -
helper,employed or working on the site of the work,all or part ,
of the wages required by the contrect,the contracting agency
may,afler wntten notice to ihe contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further infortnation required to be provided under§5.5(a)(3)(ii)o(
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropdate infortnatlon is
have ceasetl. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and ihat such information is correct antl
3. Payrolls and basic record5 complete;
a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each
maintained by the contractor tlunng the course of the work and helper,apprentice,an0 trainee)employed on the contract
preservetl for a period of three years thereafter for all laborers during ihe payroll period has been paid the full weekly
and mechanics working at the site of the work.Such records Wages earned,without rebate,either directly or indirectty,
shall contain the name,address,and social secunty number of and that no deductions have been made either directly or
each such worker,his or her cortect classifiCatioq houdy rates indirectly from the full wages eamed,other than
of wages paid(including rates of contnbutions or costs Permissible deductions as set forth in Regulations,29 CFR
anticipated for bona fde Mnge benefts or cash equivalents Part 3; .
thereof of the rypes described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classifcation of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any cos�s reasonably anticipated in providing benefts under a incorporated into the contract.
plan or program descnbed in section 1(b)(2)(B)of ihe Davis- �
�f b
5
(3)The weekly submission of a propedy executetl rate specified in ihe applicable wage determination.
ceAification set forth on the reverse sitle of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance"required by paragraph 3.h.(2)of apprenliceship program does not specify fringe benefts,
this section. apprentices must be paid the full amount of innge benefts
listed on the wage determination for the applicable
(4)The falsification of any of the above certifcations may classification. If the Administrator determines that a diRerent
subject Ihe contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 7001 of title 18 and section 231 of �nges shall be paid in accordance with that detertnination. �
title 31 of the United States Code.
- In the event the O�ce of Apprenticeship Training,Employer
a The coniractor or subcontractor shall make the rewrds and Labor Services,or a State Apprenticeship Agency
required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an
inspedion,copying,or transcription by authonzed apprenticeship program,Ihe coniractor will no longer be .
representatives of the contracting agency,ihe State DOT,the Permifted to utilize apprentices at less Ihan the applicable
FHWA, or the Department of Labor,and shall pertnit such predetermined rate for the work performetl untii an acceptable
representatives lo interview employees during working hours Program is approved.
on ihe job. If the contractor or subconiractor fails to submit the
required records or to make ihem available,the FHWA may, b.Trainees(programs of lhe USDOL). .
after written notice to the contractor,the coniracting agency or
the State DOT,take such action as may be necessary to �cept as provitled in 29 CFR 5.16,treinees will not be
cause lhe suspension of any further payment,advance,or permitted to work at less Ihan ihe predetertnined rate for the � -
guarantee of funds.Furthertnore,failure to submit the required ���rformed unless�hey are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has receivetl pnor
be grounds for debartnent action pursuant to 29 CFR 5.12. approval,evidenced by fortnal certification by the U.S.
Department of Labor,Employment and Training
4. Apprentices and treinees Administration.
a.Apprentices(programs of the USDOL). The ratio of irainees to joumeymen on the job site shall not be
� greater than pertnitted under the plan approved by the
Apprentices will be pertnitted to work at less than the Employment and Training Administration.
pretletermined rate for the work they pertormed when they are �
employed pursuant to and individually registeretl in a bona fide Every trainee must be paid at not less than ihe rate specified
apprenticeship program registered with the LLS.Depariment of � in ihe approved program for the trainee's level of progress,
Labor, Employment and Training Administration,Office of expressed as a percentage of lhe joumeyman hourly rate
Apprenticeship Training, Employer antl La6or Services,or with specified in the applicable vrage detertnination.Trainees shall
a State Apprenticeship Agency recognized by the O�ce,or if a be paid fnnge benefits in accordance with the provisions of the
person is employed in his or her first 90 tlays of prohationary trainee program.If the irainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefts,irainees shall be paid the full amount of fnnge
program,who is not individually registered in ihe program,but benefits listetl on the wage detertnination unless the
who has been certified by the Office of Apprenticeship Administrator ot the Wage and Hour Division determines ihat
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fnnge benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to joumeymen on the job rate who is not regis�ered and participating in a training plan
site in any craft classifcation shall not be greater Ihan the ratio approved by ihe Employmen�antl Training Administration shall
permitled to the contractor as to the entire work force untler be paid not less than�he applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an determination for the dassiication of work actually performetl.
apprentice wage rate,who is not registered or othervvise In addition,any trainee pertortning work on the job site in
employed as stated above,shall be paid not less than the excess of ihe ratio permitted under the registered program
applicable wage rate on the wage determination(or the shall be paid nbt less Ihan the applicable wage rate on the
classifcation of work actualty pertormed. In addition,any wage detertnination for the vrork aclually pertortned.
apprentice pedortning vrork on the job site in excess of the
ratio permitted under ihe registered program shall be paitl not In the event ihe Employment and Training Administration
less than ihe applicable wage rate on the wage detertnination withdraws approval of a training program,ihe contractor will no
for the work actually perfortned.Where a coniractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetertnined rate for the vrork performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the joumeyman's hourly
rale)specified in the contrac[or's or subcontractors registeretl c.Equal employment opportunity.The utilization of
program shall be observed. apprentices,trainees and journeymen under this part shall be
in conformity wilh lhe equal employment opportunity
Every apprentice must be paid at not less than�he rate requirements of Executive Order 11246,as amended,and 29
specifed in the registered program for ihe apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
�Dft
6
. ' •
tl. Apprentices and Trainees(programs of the U.S.DOT).
ApprentiCes antl trainees working undef apprentiCeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDAR�S ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subjecl to the requiremenis of paragraph 4 of this Section IV, contract in an amount in excess of$700,000 and subject to the �
The straight time hourly wage rates for apprentices and overtime provisions of ihe Contract Work Hours and Safery
Irainees under such programs will be establishetl by the Standards Act.These clauses shall be inserted in addition to .
particular programs.The ratio of apprentices and trainees to the Gauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
joumeymen shall not be greater than permiUetl by the tertns of used in ihis paragraph,the terms laborers and mechanics
the particular program. . include watchmen and guards.
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No coniractor or su6contractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this conirad. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to
Form FFNVA-1273 in any subcontracts and also require the Work in excess of forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier �aborer or mechanic receives compensafion at a rate not less
subcontracts.The prime contractor shall be responsible for the than one and one-halt times the basic rate of pay for ail hours
compliance by any subconiraclor or lower tier subcontractor Worked in ezcess of forty hours in such workweek.
with all the contract clauses in 29 CFR 5.5. �
. 2.Violation; Iiability for unpaid wages;liquidated
7.Contrect tertninatlon:debarment. A breach of the tlamages. In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for tertnination in paragraph(1.)of this section,ihe contractor antl any
of the coniract,and for debarment as a coniractor and a subconiractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor
shall be liable to lhe United States(in ihe case of work done
under contract for ihe DisMCt of Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act Distnct or to such tertitory),for liquidated damages.Such
requirements. All rulings and interpretations of ihe Davis- liquidated damages shall be computed with respect to each
8acon and Related Acts contained in 29 CFR parts 1,3,and 5 intlividual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(i.)ot this section,in the sum of 510 for each
9.Disputes concerning labor sWndards.Disputes ansing calentlar day on which such individual was required or
oul of the labor standards provisions of this contract shall not Pertnitted to work in excess of ihe standard vrorkweek of forty
be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the
tlisputes shall be resoNed in accorUance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and Iiquidated damages.
between the contractor(or any of its subconiractors)and the The FHWA or the contacling agency shall upon its own action
contracting agency,ihe U.S. Department of Labor,or the or upon wdtten request of an authonzed representative of ihe
employees or their representatives. Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work pertormed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any
- other Federal contract with the same pnme contracmr,or any
other federally-assisted contract subject to the Contract Woric
a.By entering into this contract,the contractor certifies that Hours and Safety S[andartls Act,which is held by the same
nei�her it(nor he or she)nor any person or firm who has an prime coniractor,such sums as may be determined to be
interest in the contractofs firm is a person or frtn ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Govemment contracts by virtue of section 3(a)ot subcontractor for unpaitl wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b.No part of this contract shall be subcontracted to any person
or firm ineligible for awartl of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert ,
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.)
through(4.)of this section and also a Gause requinng ihe
c.The penalry for making false statements is prescnbed in the subcontractors to inclutle these clauses in any lower tier
U.S.Criminal Code, 18 U.S.C. 1001. subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1 J through(4.)of this
section.
T/
7
,
evidenced in writing antl lhat it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of lhe prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-peAortnance requiremen�of paragraph(1)is
contracts on the National Highway System. not applicable to design-build conUacts;however,contracting
agencies may esta6lish their own self-perfortnance
1.The contractor shall pertorm with its own organization requirements.
contract work amounting to not less lhan 30 percent(or a
greater percentage if specifed elsewhere in the contract)of
the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION
tlesignated by the contracting agency. Specialty items may be �
pertormed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid �
specialty items pertormed may be deductetl from the total construction coniracts and to all related subcontracts.
original contract price before computing the amount of work �
requiretl to be pertortned by the contractor's ovm organization 1. In the performance of this coniract the contractor shall
(23 CFR 635.116). comply with all applicable Federal,State,antl local laws
governing safety,health,and sanitation(23 CFR 635).The
a. The term"pertortn work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by lhe prime contractor,with or detertnines,or as the coniracting oKcer may detertnine,to be
� vrithout operators. Such tertn does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lovrer tier subcontractor, employees on the job and the sa(ety of the public and to
agents of the pnme con�ractor,or any other assignees. The protect property in connection wiM the perfortnance of the
tertn may include payments for the costs of hiring leased . vrork coveretl by ihe contract.
employees from an employee leasing frm meeting all relevant
Federal and State regulatory requiremenis. Leased 2. It is a condition of ihis contract,and shall be made a
employees may only be included in this tertn if the prime condition of each subconiract,which the contractor enters into
contractor meets all of ihe following condilions: pursuant to this contract,ihat the contractor antl any
subcontractor shall not permit any employee,in performance
(1)the pnme coniractor maintains control over the of the coniract,to work in surtoundings or untler conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazartlous or dangerous to his/her
employees; health or safety,as detertnined under construction safety and
(2)the prime coniractor remains responsible for the qualky health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; � of Labor, in accordance wilh Section 107 of the Contract Work
(3)the prime coniractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704).
exclude individual employees from work on the project;and
(4)the prime coniractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract
� ihe payment of predetertnined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statemenis of compliance and all thereof,shall have right of eniry to any site of contrad
other Federal regulatory requirements. , performance lo inspect or investigate the matter of compliance
with the construction safety and health standartls and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safely Standards Act(40
equipment not ordinarily available in the type of contracting U.S.C.3704).
� organizations qualified antl expected to bid or propose on ihe
contract as a whole and in general are to be limited to minor �
components of the overall coniract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY .
' PROJECTS �
2.The contract amount upon which the requirements set forih
in paragraph(1)of Section VI is computed inclutles the cost of T h i s p r o v i s i o n i s appliwble to all Federal-aid
matenal and manutaclured products which are to be construction contracts and ro all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In ortler to assure high qualiry and durable construction in-
con(ortnity wilh approved plans and speciications and a high�
3.The coniractor shall fumish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the frtn,has full aulbority to by engineers,contractors,suppliers,and workers on Federal-
tlirect pertortnance of the work in accortlance with the contract aid highway projecis,it is essential that all persons concemed
requirements,and is in charge of all construction�operations � with the project pedorm iheir functions as carefully,thoroughly,
. (regardless of who performs the work)and(b)such other of its and honestly as possible. Wllful falsification,distortion,or -
own organizational resources(supervision,management,and misrepresentation vrith respect to any facts related to the
engineering services)as the contracting officer detertnines is project is a violation of Federal law. To prevent any
necessary to assure the pertormance of the contract. misunderstanding regarding the senousness of these and
similar acts,Fortn FHWA-1022 shall be posted on each
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed oi excepl with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such wilh the project:
consent when given shall no�be construed to relieve ihe
coniractor of any responsibility for the fulf Ilment of the
contracL Written consent will be given only after the 18 U.S.C. 7020 reads as follows:
coMracting agency has assured that each subcontract is
. ya-
8
'Whoever,being an oKCer,agent,or employee of ihe United covered transaction.The prospective frst tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certifcation .
person,association,firtn,or corporation,knowinqly makes any set out below.The certifcation or explanation will be
false statement,false representation,or false report as to the considered in connection with the depariment or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into Ihis transaction.However,
be used,or the quantiry or quality of the work pertortned or to faiWre of the pmspective first tier participant to fumish a
be pertormed,or lhe cost thereof in connection with the � certification or an explanation shall disquali(y such a person
submission of plans,maps,specifications,contracts,or cosis from participation in this transaction.
of consiruction on any highway or related project submitted for � -'
approval to the Secretary of Transportation;or a The certification in this Gause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any talse statement,false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determinetl that the prospective participant knowingly rendered
character,quality,quantiry,or cost of any work pertortned or to an emoneous certification,in addition to other remedies .
be pertortned,or matenals fumished or to be fumished,in available to the Federal Govemment,the contracting agency
connection with the construction of any highway or related may tertninate this transaction for cause of default. .
projec�approved by the Secrelary of Transportation;or
tl.The prospec[ive frst tier participant shall provide
� Whoever knowingly makes any false statement or false immediate written notice to the coniracting agency to whom
representation as to matenal fact in any statement,certifcate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aitl participant leams that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stal.355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances. �
Shall be fned under this title or impnsoned not more than 5 e.The tertns"covered iransaction,""debarzed,"
years or both." "suspended,""ineligible,""participant,""person," "principal,"
and'boluntarily excluded,"as used in this clause,are defined �
� in 2 CFR Parts 180 and 1200. "First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered iransaction between a
WA7ER POLLUTION CONTROL ACT grantee or subgrantee of Federal funtls and a participant(such
as the prime or general contract). "Lower Tier Covered .
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
conVacts and to all relatetl subcontracts. Tier Covered 7ransaction(such as subconiracts). "First Tier
Participant"refers to the participant who has entered into a
By submission of ihis bitl/proposal or the execution of this covered transaction with a grantee or subgrantee of Fetleral
contrad,or subcontract,as appropriate,�he bidder,proposer, funds(such as the prime or general contractor). "LOwer Tier
Federal-aid construction coniractor,or subconiractor,as �ParticipanP'refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
� Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
pertormance of this contract is not prohibited from receiving an C The prospective frst tier participant agrees by submitting
avrard due to a violation of Section 508 of the Clean Water Act this proposal ihat,shoulA the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That ihe contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily exclutletl from
every subcontract,and furiher agrees to take such action as participation in this coveretl hansaction,unless authorized by
the contracting agency may direct as a means of enforcing the depariment or agency entenng into this Uansaction.
such requirements.
g.The prospective f rst tier participant further agrees by .
� submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certifcation Regarding Debarment,Suspension, Ineligibility
SUSPENSION,INELIGIBILIN AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION � provided by the tlepartment or coniracting agency,entering
� into lhis covered lransaction,wi[hout modifcatioq in all lower
This provision is applicable to all Federal-aid construction tier covered transactions antl in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 fhreshold.
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaclion may rely upon a
approval or that is estimated to cosi 525,000 or more— as certifcation of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not tlebarted,suspended,ineligible,or
voluntanly excluded from the covered transaction,unless it
knows that ihe certification is erroneous. A participant is -
responsible for ensuring that its pnncipals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or othervvise ineligible to participate in covered
transactions. To venfy the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility o(any lower tier prospective participants,each
first lier participant is providing ihe certification set oul below. participant may, but is not required to,check the Exclutled
. Parties List System website(httos>/w�vw.eols.00v/),which is
b.The inability of a person to provide lhe"cerlifcation set out compiled by the General Services Administration.
below will not necessarily resWt in denial of partidpation in ihis '
- �3
9
� A
i. Nothing containetl in the foregoing shall be construed to Ihis transaction odginated may pursue available remedies,
require the establishment of a system of records in order to inclutling suspension and/or debarment.
render in good faith the certification requiretl by ihis clause. � �
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
� is not required to exceed that which is nortnally possessed by immediate written notice to the person to which this proposal is "
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier partiupant
learns that its certifcation was ertoneous by reason of
j. Except for transactions authorized under paragraph(�of changed circumstances.
these instructions, if a participant in a covered Iransadion
knowingly enters into a lower tier covered transaction with a d.The tertns"covered transaction,""debarred,"
. person who is suspended,debaved,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""pnncipal,"
excluded from participation in this transaclion,in addition to and"voluntarily exclutled,"as used in this clause,are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submided for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
refers lo any covered transaction between a grantee or
� ••"' subgrantee of Federal funds antl a participant(such as the
prime or general contracl). "Lower Tier Covered Transactions"
2. Certificatlon Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and VolunWry Exdusion—First Tier Transaction(such as subcontracts). "First Tier ParticipanP'
Partidpants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first lier participant certifies to lhe best of (such as the pnme or general contractor). "Lower Tier
its knowletlge and belief,that it and its pnncipals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended, proposetl for Tier Participants(such as subcontractors and suppliers).
debartnent,declared ineligible,orvoluntarily excluded from �
participating in coveretl transactions by any Federal e.The prospedive lovder tier participant agrees by
depariment or agency; submitting this proposal that,should the proposed covered
� transaction be eMered into,it shall not knowingly enter into
(2) Have not within a three-year period precetling this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment renderetl debarred,suspended,declared ineligible,or voluntanly
against them for commission of fraud or a cnminal oftense in excluded from paAicipation in ihis covered transaction,unless
connection with obtaining,ariempting to obtain,or pertorming authorizetl by the department or agency vrith which this
a public(Federal,State or lowl)transaction or contract under transaction originated.
a pu6lic transaction;violation of Fetleral or State antitrust
statutes or commission of embezzlement,thefl,forgery, f.The prospective lower tier participant further agrees by
bnhery,falsification or destruction of recortls,making false submitting this proposal tha�it will include this clause titled
statements,or receiving stolen property; "Certifcation Regarding Debartnent,Suspension, Ineligibility
antl Voluntary Exclusion-Lower Tier Coveretl Transaction,"
(3) Are not presently intlicted for or otheiwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entiry(Federel,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2),of this certification;and
� g.A participant in a covered transadion may rely upon a .
(4) Have not within a three-year pedod preceding this certification of a prospective participant in a lower tier covered
applicatioNproposal had one or more public transactions transaction Ihat is not debarretl,suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntanly excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is -
b. Where the prospeaive participant is unable to certify to responsible for ensuring that its principals are not suspentletl,
any of the statemenis'm this certifcation,such prospec[ive debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibiliry of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant-may,but is not required to,check the Excludetl
Parties List System website(httos://www.eols.aov/1,which is
(Applicable to all subcontracts, purchase ortlers and other compiled by the General Services Administration.
. lower tier transactions requiring prior FHWA approval or �
estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of recortls in order to render
in gootl faith the certification required by this clause.The
a.By signing and submiriing this proposal,the prospective knowletlge antl information of participant is not required to
lower tier is providing the certification set out below. exceed that which is nortnally possessed by a prutlent person
in the ordinary course of business dealings.
b.The certifcation in this clause is s matedal representation
ot(act upon which reliance was placed when this transaction i. Except for iransactions authorized under paragraph e o(
was entered into. If R is later detertnined that the prospective these instructions,if a participant in a covered iransaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaclion with a
� certiication,in addition to other remedies available to�he person who is suspended,tlebarred,ineligible,or voluntarily
Federai Government,the department,or agency with which excluded from participation in ihis iransaction,in addition to
other remedies available to the Federal Govemment,the
T�
10 _
N
� ' �
department or agency with which this iransaction onginated -
may pursue available remetlies,inclutling suspension and/or .
tlebarment.
Certification Regarding DebartnenR Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier
Participan[s:
1.The prospec[ive lower tier participant certifies,by
� submission of ihis pmposal,ihat neither it nor its principals is
presently debarred,suspended,proposed for debartnent,
declaretl ineligible,or voluntanly excludetl from participating in
covered transactions by any Federal department or agency.
2.Where the prospective lower tier paAicipant is unable to
ceAify to any of the statemenis in this ceAification,such
prospective participant shall atlach an explanation to this
proposal.
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construclion
conirac[s and to all related subcontracts which exceed
$700,000(49 CFR 20).
1.The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her
knowledge antl beliet,that
a.No Federal appropnated funds have been paid or will be
paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of � _
any Federal agency,a Member of Congress,an offcer or
employee of Congress,or an employee of a Member of
Congress in connection with the awarding of any Federal
contract,the making of any Federal gran�,the making of any
Federal loan,the entering into of any cooperative agreement,
and the e�ctension,continuation,renewal,amendment,or
modfication of any Fetleral conhact,grant,loan,or
cooperative agreement.
b.If aoy funds other than Federal�appmpnatetl funds have
been paid or will be paid to any person for influencing or �
attempting to influence an offcer or employee o(any Federal " �
agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in -
connection with this Federal contract,grant,loan,or
cooperative agreement,the untlersiqnetl shall complete and -
submit Standard Fortn-ILL,"Disclosure Fortn to Report
Lobbying,"in accortlance with its instmctions.
2.This certifcation is a material representation af fact upon
which reliance was placed when this transaction was made or
. enteretl into. Submission of Ihis certification is a prerequisite
for making or entering into this iransaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
� certifcation shail be subject to a civil penalty of not less than �
$70.000 and not more than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that ihe
. language of this certifcation be included in all lower tier ,
subcontracts,which exceed$100,000 and lhat all such �
recipients shall ce�ify and disclose accordingly.
��
11
r. • �
ATTACHMENT A-EMPLOYMENT AND MA7ERIALS 6.The contractor shall include the provisions of Sections 1 �
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of ihis Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site vrork.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects fundetl
under the Appalachian Regional Development Act of 1965.
1.Dunng the perfortnance of this contract,the contractor
untleAaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who ,
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
siWated,excepC �
a.To the eMent that qualifed persons regularly residing in
the area are not available.
b.For the reasonable needs of the contractor to employ
supervisory or specially expenenced personnel necessary to
assure an eRcient exewtion of the coniract work. �
c.For ihe obligafion of the contractor to offer employment to
present or tortner employees as the result of a lawful collective
. bargaining contract, provided that the number of nonresident
persons employed under lhis subparagraph(1 c)shall not
exceetl 20 percent of the total number of employees employed .
by ihe contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with ihe State
Employment Service indicating(a)the classifications of the
laborers,mechanics and other employees required to pertortn
the contract work.(b)the number of employees required in
each classification,(c)the date on which ihe participant
estima�es such employees will be required,and(d)any other
pertinent information required by the Sta�e Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in wnting or by
telephone. If during the course of the contract work,the
infortnation submitted by the coniractor in the original job order
is substantially modified,ihe participant shall promptly notify
the State Employment Service. -
3.The contractor shall give full consideration to all qualified
job applicanis referred to him by the State Employment
Service. The coniractor is not required lo grant employment lo
any job applicants who,in his opinion,are not qualifed to
peAorm the Gassification of work required.
4.If,within one week following the placing of a job order by�
the contractor wifh the State Employment Service,the State
Employment Service is unable[o refer any qualified job
applicants to lhe contractor,or less than lhe number
requested the State�Employment Service will forvvard a
ceAifcate to the contractor indicating ihe unavailability ot
applicanis. Such certifcate shall be matle a part of ihe
coniractofs permanent project records. Upon receipt ot this -
ceAifcate,the contractor may employ persons who do not � .
normally reside in ihe labor area to fill positions coveretl by the
certificate,notwithstanding the provisions of subparagraph(1c)
above.
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
��
12
Contract# I03-2013 - . Rev.8.28.I1 jan
Budge[Line Item# 118.58.02523.86122 .
� � �. � ���� � � �
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___...____ — �,r � c., �^.� ._._....._� ....._...
�' '� J
NOTICE TO PROCEED
DA7'E: June 26, 2013 .
TO: Gould Construction, Inc.
PO Box 130
Glemvood Springs, CO 81302
FROM: Pitkin County
Aspen, Colorado 8161 I
You are hereby authorized to proceed on Rio Grande at Woody Creek or within ten
(]0) consecutive calendaz days thereafter, with the work covered by Pitkin County
Contract# 103-2013.
All required permitting should be approved and on site prior to commencement of work.
`^ J
IIy: �
yAro�u��ement Ofticer
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