HomeMy WebLinkAboutbocc.con.040.20192017-11-13 btf
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 404.69.92223.86000
404.69.91470.82000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department
County Representative Aaron Buob
County
Representative
Phone
(970) 429-3337
Provide a brief description of the contract:
Contract Value Summary:
$ 2,081,277.60
$-
$-
$ 2,081,277.60
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
Airport
Commercial apron repairs
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
Yes - 5%
Commercial Apron Pavement Rehabilitation – Phase II
Oldcastle SW Group, Inc. dba United Companies
$1,835,186.85
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$246,090.75
$-
$-
$2,081,277.60
Formal
Construction
4/15/2019
12/15/2019
New Contract
040.2019
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
Bid # 040.2019 Rev. 2018-10-10 btf
NOTICE OF AWARD
Date: March 15, 2019
To: Oldcastle SW Group, Inc. dba United Companies
Kyle Alpha, General Manager
2273 River Road
Grand Junction, CO 81505
RE: Aspen/Pitkin County Airport Commercial Apron Pavement Rehab - Phase II
The County, having duly considered the Proposal submitted on March 14, 2019 for the
work covered by the Contract Document titled Aspen/Pitkin County Airport Commercial
Apron Pavement Rehab - Phase II in the amount of Two-Million Eighty-One Thousand
Two-Hundred Seventy-Seven dollars and Sixty cents ($2,081,277.60), and it appearing
that the Price and other information in your Proposal Form is fair, equitable and to the
best interest of the County, the Base Bid along with Bid Alternatives One, Two, and
Three in your Proposal Form are hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Contract within ten (10) consecutive days from this Notice of Award.
In addition, you are required to furnish in the said time Certificates of Insurance evidencing
compliance with the requirement for insurance as stated in the Contract Documents to
Procurement via email at procurement@pitkincounty.com.
PITKIN COUNTY
________________________________________________
!#COUNTY REPRESENTATIVE#! Date
======================ACCEPTANCE OF NOTICE===================
Receipt of the above Notice of Award is hereby acknowledged
________________________________________________
!#VENDOR SIGNATURE#! Date
Procurement
Mar-15-2019
Jennifer Mitchley
General Manager
Mar-18-2019
Kyle Alpha
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-3 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
CONTRACT FOR THE PROVISION OF CONSTRUCTION
THIS Contract for Construction at the Aspen/Pitkin County Airport is made and entered by and
between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite
#302, Aspen, CO 81611, (“County”) and Oldcastle SW Group, Inc. dba United Companies, 2273
River Road, Grand Junction, CO 81505 (hereinafter called the “Contractor”).
I. Term of Contract: The term of this Contract is from April 15, 2019 to December 15,
2019.
II. Scope of Work and Work Schedule:
A. Scope of Work:
The Commercial Apron Pavement Rehabilitation – Phase II project consists of the
rehabilitation of the commercial apron at the Aspen/Pitkin County Airport. The
base bid along with the three (3) bid alternates included in the attached proposal are
hereby awarded.
The awarded work is as defined by the following documents:
Contract Documents and Technical Specifications (Issued for Bid) – dated
February 20, 2019
Project Plan Set (Issued for Bid) – dated February 14, 2019
Addendum No. 1 – dated March 5, 2019
Addendum No. 2 – dated March 5, 2019
Addendum No. 3 – dated March 5, 2019
Addendum No. 4 – dated March 8, 2019
The documents provided above shall be consolidated and provided as the Issued for
Construction Plan Set and Technical Specifications.
The general scope of work for the project phases includes, but is not limited to, the
following:
Major elements of the Base Bid include a partial depth mill and overlay of the
existing Commercial Apron and Baggage Drop-Off Area asphalt pavement, spall
and joint repair of the PCC hardstand pavements, and installation of new pavement
markings.
Major elements of Bid Alternate 1 include a partial depth mill and overlay of the
asphalt pavement in the Baggage Make-Up Area located on the northeast side of
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-4 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
Commercial Apron and installation of a reinforced PCC drain pan to address
observed surface drainage issues in the area.
Bid Alternate 2 consists of grooving operations for the Commercial Apron. The
grooving will begin on the eastern side of the Commercial Apron at the edge of the
existing trench drain and extend approximately 50-feet to the west.
Major elements of Bid Alternate 3 include surface preparation and construction of
new bituminous pavements in the General Aviation Parking Area. Pavement
construction for the General Aviation Parking Area will include surface preparation
followed by a 3-inch bituminous surface course. Additional pavement and a
millings base course have been provided as elements of the proposed pavement
section for the construction of supplementary parking on the west side of the
parking lot and provide access to Gate 7.
B. All work to be performed under this Contract shall be in accordance with the following
construction work schedule:
Notice to Proceed/Mobilization: April 15, 2019
Begin Phase 1 Construction: May 6, 2019
Begin Phase 3 Construction: May 13, 2019
Phase 1 Construction Substantial Completion: May 19, 2019
Begin Phase 2 Construction: May 20, 2019
Phase 2 and Phase 3 Construction Substantial Completion: June 2, 2019
Begin Phase 4: Fall 2019 (October 3, 2019 – November 9, 2019)
Phase 4 Substantial Completion: Six calendar days following Phase 4 NTP
III. Compensation and Expenses, Invoicing, Payment and Offset. This Contract is funded
in part through grant funds the County will receive through the FAA. The County agrees
to pay, and the Contractor agrees to accept, in full payment for the performance of this
Contract, the total price of two million, eighty-one thousand, two hundred seventy-seven
dollars and sixty cents ($2,081,277.60) in accordance with this Contract, subject to
increase 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
1) Contractor shall submit monthly applications for payment for work done to date.
2) Progress payments for Contracts exceeding one hundred fifty thousand dollars
($150,000.00)
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-5 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
a. County shall make progress payments, within thirty (30) days of County’s
approval of Contractor’s pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes (C.R.S.) § 24-91-
103, for contracts exceeding one hundred fifty thousand dollars ($150,000.00)
and if the Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety-five percent (95%) of the
calculated value of completed Project work. If, in the opinion of the Project
Lead and County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, 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 Project Lead’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.
3) County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section C.R.S. § 38-26-107, as amended.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this Contract shall be the
property of the County. However, Contractor shall have the right to uti lize such
documents in the course of its marketing, professional presentations, and for other
business purposes. Contractor assigns to County the copyrights to all work prepared,
developed, or created pursuant to this Contract, including the right to: 1) reproduce the
work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works
publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this Contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
V. Contractor Obligations:
A. Supervision and Superintendence
1) 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, techniques, sequences and
procedures of construction. The Contractor shall be responsible to see that the
finished Project compiles accurately with this Contract.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-6 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
2) The Contractor shall appoint and identify to the County and Project Lead, 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
Project Lead 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 Project Lead, whether
initially or as a substitute) against whom the County or the Project Lead 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 Project Lead. No
acceptance by the County or the Project Lead of any such subcontractor, supplier or
other person or organization shall constitute a waiver of any right of the County or
the Project Lead to reject defective Project work.
3) The Contractor shall be fully responsible to the County and the Project Lead 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 Project Lead and any such subcontractor,
supplier or other person or organization, nor shall it create any obligation on the part
of the County or the Project Lead 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 of this
Contract for the benefit of the County and the Project Lead.
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 Pro ject 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 Project Lead 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 resulting
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-7 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
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
furnishing and performance of the Project including rules, regulations, and ordinances
the County promulgates at any time. Except where otherwise expressly required by
applicable laws and regulations, neither the County nor the Project Lead 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 to 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 cost 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 the 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
Project Lead 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
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-8 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
the Project Lead to the extent 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, shrubs, lawns,
walks, pavements, road-ways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
2) The Contractor shall be required to assume sole and complete responsibility for job
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
course of the Contract and not only to normal Project work hours.
3) 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 Project Lead. 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 Project Lead.
a. 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
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-9 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
be kept open to all 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.
b. The Contractor shall provide, erect and maintain all necessary barricades, signs,
danger signals and lights to protect the Project and the safety of the public. 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
Project Lead for review and approval in accordance 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 of the submission. All submissions will be identified as the Project Lead
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 Project Lead to review the information as required.
2) The Contractor shall also submit to the Project Lead 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 with 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 Project Lead specific
written notice of each variation that the shop drawings or samples may have from
the requirements of this Contract, and, in addition, shall cause a specific notation to
be made on each shop drawing submitted to the Project Lead for review and approval
of each such variation.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-10 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
5) Where a shop drawing or sample is required by the specifications, no related Project
work shall be commenced prior to the Project Lead’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.
VI. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one-
hundred percent (100%) of the total Contract value and all Bonds shall be in the form
acceptable to the County. 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, both of which must be acceptable to the
County.
VII. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative identified as the Project Lead. The services provided and
products delivered by the Contractor under this Contract will be subject to review by the
County’s Representatives, or a designee, for compliance with Contractor’s obligations
prior to final payment.
VIII. 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 work completed
pursuant to the terms of this Contract prior to the date of termination. Notwithstanding
the above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the contract by the Contractor.
IX. Independent Contractor Status.
A. The parties 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
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-11 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
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. As used herein, the term “Standard of Care” refers to the required
standard for the Services to be provided by the Contractor. All Services provided by
the Contractor shall comply with the requirements of any and all laws, codes,
ordinances, rules and regulations applicable to the project, the proposed Scope of Work
or promulgated by any federal, state and local Authority Having Jurisdiction (“AHJ”)
regarding the project and/or task. The Services shall fulfill the degree of skill and care
that would be used by a similar contractor working on similar projects in the state of
Colorado. All instruments of service provided by the Contractor must clearly and
accurately indicate or illustrate all essential points of the work to which they refer.
The County’s knowledge or approval of the Contractor’s use of any subcontractor to
perform any portions of Services required for under this contract shall not relieve,
release or absolve the Contractor of its responsibility for all Services provided pursuant
to this Contract. As may be applicable, the Contractor represents that it and each of
its subcontractors shall be properly licensed in the jurisdiction of the projects or tasks
and legally authorized to perform the Services to be provided by them. Further, the
Contractor agrees that each of its employees and the employees of its s ubcontractor
shall be qualified to perform the Services assigned to them in the performance of this
Contract. At any time, and without any additional cost or expense to the County, the
County may reject any subcontractors, vendors, suppliers and agents used by the
Contractor to perform any portion of the work or services, and the same shall be
immediately replaced with a replacement acceptable to the County as determined by
its Airport Director or his designee.
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.
X. 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.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-12 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
XI. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
XII. Integration and Modification.
A. 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.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually agreed
upon between the County and the Contractor, shall be in writing and upon execution
shall become part of this Contract.
XIII. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project,, hereinafter referred to as indemnitee, from all suits and claims,
including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that
the Contractor will be responsible for primary loss investigation, defense and judgment
costs where this Contract of indemnity applies. In consideration of the award of this
Contract, the Contractor agrees to waive all rights of subrogation against the County
its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers for losses arising from the
work performed by the Contractor for the County.
B. 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.
XIV. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-13 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that might arise out of the performance of the work
under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by reason
of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.
A. Coverage and Limits of Insurance. Coverage and Limits of Insurance.
Contractor shall provide coverage with limits of liability not less than those stated
below. An umbrella and/or excess liability policy may be used to meet the minimum
liability requirements provided that the coverage is written on a “following form” basis.
1) Statutory Workers’ Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor is exempt
under Colorado Workers’ Compensation Act AND when such contractor or
subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers’ Compensation) Statutory
Coverage B (Employers Liability)
$ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County
named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-14 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
Coverage to include:
Premises and Operations
Explosions, Collapse and Underground Hazards
Personal / Advertising Injury
Products / Completed Operations
Liability assumed under an Insured Contract (including defense costs
assumed under contract)
Independent Contractors
Designated Construction Project(s) General Aggregate Limit, ISO CG 2503
(1997 Edition) or equivalent
Additional Insured—Owners, Lessees or Contractors Endorsement, ISO
Form 2010 (2004 Edition) or equivalent
Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG
2037 (2004 Edition) or equivalent
The policy shall be endorsed to include the following additional insured
language on the Additional Insured Endorsements specified above: “County,
its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers
named as an additional insured with respect to liability and defense of suits
arising out of the activities performed by, or on behalf of the Contractor,
including completed operations”.
3) Auto Liability: Bodily injury and property damage for any owned, hired and non-
owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each
Accident)
$ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. × Performance Bond $2,081,277.60
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-15 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
h. ☐ Pollution Liability
i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this Contract shall
provide the required coverage and shall not be suspended, voided or canceled except
after thirty (30) days prior written notice has been given to the County, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice shall be emailed directly to Procurement@aspenairport.com. If
the insurance carrier will not provide the required notice, the Consultant/Contractor
and or its insurance broker shall notify the County of any cancellation, or reduction
in coverage or limits of any insurance within seven (7) days of receipt of insurers’
notification to that effect. Simultaneously with the Certificates of Insurance, the
Contractor shall file with the Procurement Officer a certified statement as to claims
pending against the required coverages, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2) In addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor’s insurance shall be primary and non-contributory with any
insurance or self-insurance purchased by the County.
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 or self-insured retentions 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 Procurement
Officer 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.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-16 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
XV. Exemptions and Preferences. All purchases of construction or building or any other
materials for this 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 84-78000-5k.
XVI. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1) 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
property, as well as any monuments and property marks until the Project Lead 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 of the Project, or in consequence of the non-execution
thereof by 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 Project Lead.
5) If the Contractor disturbs any of the landscape not called for removal, it shall restore
those areas as directed by the Project Lead at the Contractor's expense.
B. Hazardous Materials
1) The County shall not be responsible for the cost of and the removal or cleanup 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 Project Lead 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.
XVII. County Work at the Project 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 shall contain terms similar to these. The Contractor shall perform and
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-17 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
coordinate its activities with other contractors to avoid conflict and minimize
disruptions.
B.The Contractor shall afford each utility owner and other contractor who is a party 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 coordinate 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 properly 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 Project Lead and the others whose work will be affected. The duties and
responsibilities 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 of the Contractor in said direct contracts between the County and such utility
owners and other contractors.
C.If any part of the 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 Project Lead 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.
XVIII. Changes in the Project and Use of Change 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 Project Lead 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 Contract 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
Project Lead in a letter or written notice with the reference notation “Contractor Change
Request”. If the Contractor: (i) receives any oral or written instructions, directives or
interpretations of Contract Documents, or determinations from the Project Lead 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
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-18 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
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 Project Lead prompt written notice of such matters.
1) All Contractor change requests shall be dated, numbered sequentially, and shall
describe the action or event which the Contractor believes may require an extension
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 Contractor does not submit a Contractor change request within 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 Project Lead with a complete and itemized proposal of Contract
price and time adjustments. The proposal 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
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-19 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
Project Lead, 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 Project Lead, 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.
XIX. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work
A. Warranty.
1) The Contractor warrants and guarantees to the County that all Project work, whether
supplied, furnished, installed, provided, or performed by Contractor, a subcontractor,
or supplier, will be in accordance with this Contract and will not be defective and that
all Project work shall be performed in a skillful and workmanlike manner.
Additionally, the Contractor shall warrant that all equipment which is incorporated into
the Project or any subsystem shall be new, free from liens and defects in design, have
clear title, be free from faulty materials and workmanship, and shall conform in all
aspects to the terms of this Contract, to the drawings issued for manufacture by the
Contractor, and shall be in conformance with the those technical specifications
provided in Section II (Scope of Work) of this Contract and Contractor's Proposal.
Except where longer periods of warranty are indicated for certain items, Contractor
warrants Project work, whether furnished, installed, provided, performed or supplied
by Contractor, a subcontractor or supplier, to be free from faulty materials and
workmanship and that each piece of equipment or any part thereof incorporated into
the Project or any subsystem shall conform to the aforementioned warranty and
guarantee provisions and be free from failure for a period of not less than one (1) year
from date of Final Payment. Landscaping replacement shall be warranted for two (2)
growing seasons.
2) With respect to all warranties, express or implied, from subcontractors, manufacturers,
or suppliers for Project work performed and materials furnished under the Contract, the
Contractor shall:
a. Obtain all warranties that would be given in normal commercial practice. To the
extent that the subcontractor's, manufacturer's, or supplier's, standard warranty
exceeds the minimum County requirements as set forth in this Section or
elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's
standard warranty shall apply.
b. Require all warranties to be executed, in writing, for the benefit of the County,
if directed by the Project Lead; or
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-20 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
c. Enforce all warranties for the benefit of the County, if directed by the Project
Lead.
d. Assign all warranties and guarantees in writing to the County upon the request
of the County.
B. Access to Project. The Project Lead and the Project Lead’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.
C. 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 order of any public body having
jurisdiction requires any Project work (or part thereof) to specifically be inspected,
tested or approved, the Contractor shall assume full responsibility therefore, pay all
costs in connection therewith and furnish the Project Lead 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 re-testing required in connection with
the County’s or the Project Lead’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 Contractor's purchase thereof for incorporation in the Project. 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 having jurisdiction shall be performed
by organizations acceptable to the Project Lead.
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 Project Lead, it must be
uncovered for observation. Such uncovering and testing when required by the Project
Lead shall be at the Contractor's expense.
5) Neither observations by the Project Lead 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.
D. Correction or Removal of Defective Work. If required by the Project Lead or the
County, the Contractor shall promptly, as directed, either correct all defective Project
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-21 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
work, whether or not fabricated, installed or completed, or, if the Project work has been
rejected by the Project Lead 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, attorneys and other professionals) made necessary thereby.
E. Correction Period. If within two (2) years after the date of Final Payment or such longer
period of time as may be prescribed by laws or by the terms of any applicable special
guarantee required by the Contract Documents or by any specific provision of the Contract
Documents, any Project work is found to be defective, the Contractor shall promptly
without cost to County and in accordance with County's written instructions, either correct
such defective Project work, or, if it has been rejected by County, remove it from the site
and replace it with non-defective Project work. If the Contractor does not promptly
(within seven (7) days from receipt) comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, the County may have
the defective Project work corrected or the rejected Project work removed and replaced,
and all direct, indirect and consequential costs of such removal and replacement (including
but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by the Contractor. Contractor shall also pay for any damage
to other Project work, other property, or person, which occurred as a result of the defective
Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive
calendar days after written notice of the Project Lead 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 Project Lead or the County in accordance with paragraph D 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 or 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 charged
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, architects, 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 Contractor's
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-22 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
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.
XX. Liquidated Damages. It is the County’s intent to complete this project no later than
November 15, 2019. Deadlines for project phases are listed in Paragraph I Scope of Work
and Work Schedule. Liquidated damages of three thousand five hundred dollars and zero
cents ($3,500.00) per calendar day shall be paid if Phase 1 and Phase 2 project work
items are not completed by their respective Phase 1 and Phase 2 deadlines. Liquidated
damages of one thousand five hundred dollars and zero cents ($1,500.00) per calendar
day shall be paid if Phase 3 project work items are not completed by the Phase 3 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 specified herein are essential conditions of the Contract. The Contractor
agrees that said Project shall be prosecuted regularly, diligently, and at such rate of
progress as will ensure completion within the time(s) specified. It is expressly understood
and agreed, 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 consideration the average climatic conditions prevailing in the locality of the
Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the 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. If 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, it 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 of just 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.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-23 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party
hereto shall 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 of the party giving such notice, 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 Government 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 of the party claiming such inability. It is understood and
agreed that the settlement of strikes and lockouts shall be 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 opposing party or parties when such
settlement is unfavorable to it in the judgment of the party having the difficulty.
F. 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.
XXI. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three (3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reason able times, for the
purpose of determining, by accepted accounting and auditing standards, compliance with
all provisions of the Contract and applicable law.
XXII. 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.
XXIII. Submittals for Agency Reviews. As applicable, any and all documents prepared as
part of the services furnished pursuant to this Contract shall be submitted to the County
for review and approval prior to transmittal to other regulatory agencies or AHJ.
Specifically, the Contractor agrees:
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-24 CONSTRUCTION CONTRACT
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A. That any facility to be used in the performance of this Contract is not listed on the
Environmental Protection Agency (EPA) List of Violating Facilities;
B. To comply with all the requirements of Section 114 of the Clean Air Act, as amended,
42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and
information, as well as all other requirements specified in Section 114 and Section 308
of the Acts, respectively, and all other regulations and guidelines issued thereunder;
and
C. That, as a condition for the award of this Contract, the Contractor will notify the
awarding official of the receipt of any communication from the EPA indicating that a
facility to be used for the performance of or benefit from the Contract is under
consideration to be listed on the EPA List of Violating Facilities.
XXIV. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs and
reasonable attorney’s fees.
XXV. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary limitations
or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-
10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin
County or any of its officers, agents or employees. Further, 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 property damage whatsoever which is caused
by the negligence or other misconduct of the County or its agent or employees.
XXVI. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall 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
necessary to provide the services set forth herein. No provisions of the contract shall
constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then
current fiscal year of Pitkin County. No provision of the contract shall be construed or
interpreted as creating a multiple-fiscal year direct or indirect debt or other financial
obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make
any payments beyond those appropriated for Pitkin County’s then current fiscal year. No
provisions of this contract shall be construed to pledge or create a lien on any class or
source of Pitkin County’s moneys, nor shall any provision of this contract restrict the
Contract # 040.2019
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ASPEN/PITKIN COUNTY AIRPORT C-25 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
future issuance of Pitkin County’s bonds or any obligations payable from any class or
source of Pitkin County’s money.
XXVII. Accounting Practices.
A. The Contractor must follow standard accounting practices for a “not-to-exceed” or lump
sum contract, as well as accounting practices and document retention procedures required
by the Department of Transportation Title 49, CFR Part 21. The Contractor shall permit
a representative of the County or the Federal Aviation Administration to inspect its Project
books and records at any time. Such records are to be kept available for six (6) years
from the date of the final payment for Services performed pursuant to this Contract.
B. The County and the Federal Aviation Administration shall have the right to audit the
Contractor’s records pertaining to the Services performed pursuant to this Contract at any
time. The County’s audit rights include, but are not limited to, inspecting records to
verify personnel hours (by payroll classification, billing rate or direct hours) spent on the
projects, DBE participation activities, all invoices for Reimbursable Expenses (whether
by the Contractor or any subcontractors) and overhead rates and charges.
C. The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the County, the Federal Aviation Administration and the Comptroller
General of the United States or any of their duly authorized representatives access to any
books, documents, papers, and records of the contractor which are directly pertinent to the
specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The Contractor agrees to maintain all books, records and reports required
under this Contract for a period of not less than six (6) years after final payment is made
and all pending matters are closed.
XXVIII. Notice. Any notice required or permitted under this Contract shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods 1) hand-delivery or 2) registered or certified mail, postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of
delivery on the part of the sender. Nothing contained herein shall be construed to
preclude personal service of any notice in the manner prescribed for personal service
of a summons or other legal process.
To Pitkin County:
Pitkin County Procurement
530 E. Main St., Suite #304
Aspen, CO 81611
Procurement@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Attorney@pitkincounty.com
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-26 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
To Contractor:
Oldcastle SW Group, Inc. dba United
Companies,
C/O Kyle Alpha
2273 River Road, Grand Junction, CO 81505
Phone: (970) 243-4900
Email: kyle.alpha@unitedco.com
XXIX. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and
C.R.S. §§ 24-76.5-101, et seq., as amended:
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-27 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
Contracts, or information technology services or products and services] Contractor
certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this Contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Contract, through participation in the E-
Verify Program established under Pub. L. 104-208 or the State verification program
established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract or enter
into a contract with a Subcontractor that fails to certify to Contractor that the
Subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract. Contractor (i) shall not use E-Verify Program or State
program procedures to undertake pre-employment screening of job applicants while
this Contract is being performed, (ii) shall notify the Subcontractor and the contracting
State agency within 3 days if Contractor has actual knowledge that a Subcontractor is
employing or contracting with an illegal alien for work under this Contract, (iii) shall
terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with
reasonable requests made in the course of an investigation, undertaken pursuant to §8-
17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If
Contractor participates in the State program, Contractor shall deliver to the contracting
State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Contractor has examined the legal work status of
such employee, and shall comply with all of the other requirements of the State
program. If Contractor fails to comply with any requirement of this provision or §§8-
17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education
or political subdivision may terminate this Contract for breach and, if so terminated,
Contractor shall be liable for damages.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq.,
C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
XXX. Confidentiality. The Contractor agrees that any information the Contractor receives or
reviews concerning the County or the Airport, including, but not limited to, any
information concerning the County or Airport’s past, present and future research,
development, operations and business activities, and any other information or material
proprietary to the County of which the Contractor may obtain knowledge or access
from the County during the Contractor’s performance hereunder (hereinafter
“Confidential Information”) is proprietary and confidential to the County. The
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ASPEN/PITKIN COUNTY AIRPORT C-28 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
Contractor agrees, on behalf of itself and all of its agents, to hold in confidence and not
to directly or indirectly reveal, report, publish, disclose or transfer any of the
Confidential Information to any person or entity, or utilize any of the Confidential
Information for any purpose, except as may be agreed in writing in advance between
the County and the Contractor. Prior to disclosure of Confidential Information to any
of its employees or other authorized persons or subcontractors, the Contractor agrees
to obtain an appropriate Contract, containing all of the elements set forth herein, from
those persons or firms to whom such information is disclosed or who otherwise gain
access to such information to maintain the confidentiality of Confidential Information.
The Contractor further agrees to indemnify the County against any and all liability,
loss, cost, legal or other professional fees resulting from, or arising in connection with,
unauthorized use or disclosure of Confidential Information by the Contractor, its
employees or any other authorized person to whom the Contractor has disclosed
Confidential Information.
XXXI. Disadvantaged Business Enterprise (DBE).
A. This Contract will be funded in part by one or more grants from the Federal Aviation
Administration (FAA) Airport Improvement Program (AIP) and this Project must
comply with the FAA and United States Department of Transportation (USDOT) Rule
49 CFR Part 26 pertaining to compliance with DBE requirements.
B. Projects receiving such funding must comply with USDOT Code of Federal
Regulations 49 CFR Part 26, and with the County's Disadvantaged Business Enterprise
Program. The Contractor agrees that it shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Contract. The Contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration
of USDOT-assisted contracts. Failure by the Contractor to carry out these requirements
is a material breach of this Contract, which may result in the termination of this contract
or such other remedy as the County may deem appropriate.
The Contractor has committed to Two and Six-Tenths percent (2.6%) DBE
Participation.
C. Contract Assurances. The following clauses pertaining to compliance with 49 CFR
Part 26 are incorporated into and are a part of this Contract, and are hereby incorporated
into the terms of the Contractor's solicitations, subcontracts, material supply cont racts
and purchase orders.
1) Compliance monitoring will be conducted to determine if the Contractor and its
subcontractors are complying with the requirements of the DBE Program. Failure of
the Contractor to comply with this provision may result in the County imposing
penalties or sanctions pursuant to the provisions of the DBE regulation, 49 CFR Part
26. Contract compliance will encompass monitoring for contract dollar
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-29 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
achievement and DBE utilization. The County’s authorized representative shall have
the authority to audit and monitor this Contract.
2) The Contractor shall be responsible for ensuring proper documentation with regard
to its utilization and payment of DBE subcontractors.
3) The Contractor agrees to submit a monthly report on DBE participation, which shall
contain a record of payments made to its DBE subcontractors.
4) The Contractor agrees to submit a final DBE report containing the total amount paid
to its DBE subcontractors. This report must be submitted with the Contractor's
request for final payment.
D. Nondiscrimination – The Contractor or subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of USDOT-assisted contracts. Failure by the Contractor to carry out
these requirements is a material breach of this Contract, which may result in the
termination of this contract or such other remedy as the recipient deems appropriate.
E. Prompt Payment – The Contractor hereby agrees to pay its DBE subcontractors,
subcontractors and suppliers within thirty (30) calendar days following receipt of
payment from the County for work satisfactorily completed by the subcontractors.
Further, if Contractor has withheld retainage from its DBE subcontractors,
subcontractors and suppliers, it shall release and pay such retainage within thirty (30)
calendar days of the date the work was satisfactorily completed if County did not
withhold retainage from Contractor or within thirty (30) calendar days after receipt of
payment of the retained amounts from County. A finding of nonpayment to
subcontractors and suppliers is a material breach of this Contract.
XXXII. Additional Federal Obligations. The Contractor shall comply with the obligations set
forth in the Issued for Bid documents and Addendums No.1 through No. 4, as provided
below:
Contract Documents and Technical Specifications (Issued for Bid) – dated
February 20, 2019
Project Plan Set (Issued for Bid) – dated February 14, 2019
Addendum No. 1 – dated March 5, 2019
Addendum No. 2 – dated March 5, 2019
Addendum No. 3 – dated March 5, 2019
Addendum No. 4 – dated March 8, 2019
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-30 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
The documents provided above shall be consolidated and provided to the Contractor as
the Issued for Construction Plan Set and Technical Specifications.
XXXIII. Waiver of Default. No waiver by the Parties hereto of any default or breach of
any term, condition, or covenant of this Contract will be deemed to be a waiver of any
subsequent default or breach of the same or of any other term, condition, or covenant
contained herein.
XXXIV. Federal Government Contracts. This Contract is subordinate to the provisions of any
existing or future Contracts between the County and the United States of America
relative to the operation and maintenance of the Airport, the execution of which has
been or may be required as a condition precedent to the expenditure of federal funds
for the development of the Airport.
XXXV. National Emergency. All provisions of this Contract are subordinate to the right of
the United States of America to lease or otherwise assume control of the Airport, or
any part thereof, during time of war or national emergency, for military use, and any
provisions of this Contract inconsistent with the provisions of such Contract with the
United States of America will be suspended thereby.
XXXVI. Successors and Assignment. The terms, conditions, and covenants contained in
this Contract apply and inure to the benefit of, and are binding upon the Parties hereto
and their respective successors in interest and legal representatives, except as otherwise
herein expressly provided. All rights, powers, privileges, immunities and duties of the
County under this Contract including, but not limited to, any notices required or
permitted to be delivered by the County to the Contractor hereunder may, at the
County’s option, be exercised or performed by the County’s agent or attorney,
including but not limited to its Airport Director. The Contractor may not assign its
rights, interests or obligations under this Contract without the prior and express written
consent of the County. The Contractor agrees the work and Services to be furnished
to the County are of a unique and specialized character, and the County may otherwise
object to and reject any proposed assignment as the County deems fit.
XXXVII. Title VI Clauses for Compliance with Nondiscrimination Requirements (FAA
Provision A6.3.2). During the performance of this contract, the contractor, for itself, its
assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees
as follows:
A. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-31 CONSTRUCTION CONTRACT
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they may be amended from time to time, which are herein incorporated by reference
and made a part of this Contract.
B. Non-discrimination: The contractor, with regard to the work performed by it during
the contract, will not discriminate on the grounds of race, color, or national origin in
the selection and retention of subcontractors, including procurements of materials and
leases of equipment. The contractor will not participate directly or indirectly in the
discrimination prohibited by the Nondiscrimination Acts and Authorities, including
employment practices when the contract covers any activity, project, or program set
forth in Appendix B of 49 CFR part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation made by the contractor
for work to be performed under a subcontract, including procurements of materials, or
leases of equipment, each potential subcontractor or supplier will be notified by the
contractor of the contractor’s obligations under this contract and the Nondiscrimination
Acts And Authorities on the grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the sponsor or the Federal Aviation Administration
to be pertinent to ascertain compliance with such Nondiscrimination Acts And
Authorities and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the sponsor or the Federal Aviation Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the
Non-discrimination provisions of this contract, the sponsor will impose such contract
sanctions as it or the Federal Aviation Administration may determine to be appropriate,
including, but not limited to:
1) Withholding payments to the Contractor under this Contract under the Contractor
complies; and/or
2) Cancelling, terminating, or suspending the Contract, in whole or in part.
F. Incorporation of Provisions: The Contractor will include the provisions of paragraphs
XXX.A through XXX.F in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto. The Contractor will take action with respect to any subcontract or
procurement as the sponsor or the Federal Aviation Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the contractor becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the Contractor may request the
County to enter into any litigation to protect the interests of the County. In addition,
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-32 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
the contractor may request the United States to enter into the litigation to protect the
interests of the United States.
XXXVIII. Title VI List of Pertinent Non-discrimination Acts and Authorities (FAA Provision
A6.3.6). During the performance of this Contract, the Contractor, for itself, its
assignees, and successors in interest agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252 ),
(prohibits discrimination on the basis of race, color, national origin);
B. 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights Act of
1964);
C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation
regulations at 49 CFR parts 37 and 38;
I. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
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Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-33 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et.
seq).
XXXIX. Federal Fair Labor Standards Act (FAA Provision A16). This Contract and any sub-
contractor contract shall incorporate by reference the provisions of 29 CFR part 201,
the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given
in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child
labor standards for full and part time workers.
The Contractor has full responsibility to monitor compliance to the referenced state or
regulation. The Contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor – Wage and Hour Division.
XL. Occupational Safety and Health Act of 1970 (FAA Provision A19). This Contract and
any sub-contractor contract shall incorporate by reference the requirements of 29 CFR
Part 1910 with the same force and effect as if given in full text. Contractor must
provide a work environment that is free from recognized hazards that may cause death
or serious physical harm to the employee. The Contractor retains full responsibility to
monitor its compliance and their subcontractor’s compliance with the applicable
requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
Contractor must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor – Occupational Safety and Health
Administration.
XLI. General Civil Rights Provisions (FAA Provision A5). The Contractor agrees that it will
comply with pertinent statutes, Executive Orders and such rules as are promulgated to
ensure that no person shall, on the grounds of race, creed, national origin, sex, age, or
disability be excluded from participating in any activity conducted with or benefiting
from Federal assistance. The provision binds the Contractor and sub-tier contractors
from the bid solicitation period through the completion of the Contract. This provision
is in addition to that required of Title VI of the Civil Rights Act of 1964.
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ASPEN/PITKIN COUNTY AIRPORT C-34 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
XLII. Buy American Preference (FAA Provision A4). The Contractor agrees to comply with
49 USC § 50101, which provides that Federal funds may not be obligated unless all
steel and manufactured goods used in AIP funded projects are produced in the United
States, unless the FAA has issued a waiver for the product; the product is listed as an
Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart
25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.
XLIII. Clean Air and Water Pollution Control (FAA Provision A7). Contractor agrees to
comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to
the County immediately upon discovery. The County assumes responsibility for
notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration. Contractor must include this requirement in all subcontracts that
exceed $150,000.00.
XLIV. Contract Workhours and Safety Standards Act Requirements (FAA Provision A8).
A. Overtime Requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic, including watchmen and guards,
in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in paragraph (A) of this Section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or
to such territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (A) of this Section, in the
sum of $10 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (A) of this Section.
C. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation
Administration (FAA) or the County shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-35 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
prime contractor, or any other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (B) of this Section.
D. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (A) through (D) and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (A) through (D) of this Section.
XLV. Debarment and Suspension. By signing this Contract the Contractor certifies that
neither it nor its principles are presently debarred or suspended by any Federal
department or agency from participation in this Contract.
A. The Contractor, by administering each lower tier subcontract that exceeds $25,000 as
a “covered transaction”, must verify each lower tier participant of a “covered
transaction” under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The Contractor will accomplish this by:
1) Checking the System for Award Management at website: http://www.sam.gov;
2) Collecting a certification statement similar to the Certificate Regarding Debarment
and Suspension (Bidder or Offeror), above;
3) Inserting a clause or condition in the covered transaction with the lower tier contract.
XLVI. Prohibition of Segregated Facilities (FAA Provision A18).
A. The Contractor agrees that it does not and will not maintain or provide for its employees
any segregated facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The Contractor agrees that a breach of this clause
is a violation of the Equal Opportunity clause in this Contract.
B. “Segregated facilities,” as used in this clause, means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation
or entertainment areas, transportation, and housing facilities provided for employees,
that are segregated by explicit directive or are in fact segregated on the basis of race,
color, religion, sex, or national origin because of written or oral policies or employee
custom. The term does not include separate or single-user rest rooms or necessary
dressing or sleeping areas provided to assure privacy between the sexes.
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C. The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Opportunity clause of this Contract.
XLVII. Access to Records and Reports (FAA Provision A1). The Contractor must maintain an
acceptable cost accounting system. The Contractor agrees to provide the County, the
Federal Aviation Administration, and the Comptroller General of the United States or
any of their duly authorized representatives, access to any books, documents, papers,
and records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this Contract for a
period of not less than three years after final payment is made and all pending matters
are closed.
XLVIII. Affirmative Action Requirement (FAA Provision A2). Notice of Requirement for
Affirmative Action to Ensure Equal Employment Opportunity.
A. The Contractor’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Opportunity Construction Contract Specifications” set forth
herein.
B. The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor’s aggregate workforce in each trade on all construction work
in the covered area, are as follows:
1) Goals for minority participation for each trade: 32.3%
2) Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or
not it is Federal or federally-assisted) performed in the covered area. If the
Contractor performs construction work in a geographical area located outside of the
covered area, it shall apply the goals established for such geographical area where
the work is actually performed. With regard to this second area, the contractor also
is subject to the goals for both its federally involved and non-federally involved
construction.
The Contractor's compliance with the Executive Order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set
forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority
and female employment and training must be substantially uniform throughout the
length of the contract, and in each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer
of minority or female employees or trainees from contractor to contractor or from
project to project for the sole purpose of meeting the Contractor's goals shall be a
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violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-
4. Compliance with the goals will be measured against the total work hours
performed.
C. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs (OFCCP) within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work under
this Contract. The notification shall list the name, address, and telephone number of
the subcontractor; employer identification number of the subcontractor; estimated
dollar amount of the subcontract; estimated starting and completion dates of the
subcontract; and the geographical area in which the subcontract is to be performed.
D. As used in this notice and in the contract resulting from this solicitation, the "covered
area" is Aspen, Pitkin County, Colorado.
XLIX. Copeland “Anti-Kickback” Act (FAA Provision A9). Contractor must comply with the
requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C.
3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor
and subcontractors are prohibited from inducing, by any means, any person employed
on the project to give up any part of the compensation to which the employee is entitled.
The Contractor and each subcontractor must submit to the County, a weekly statement
on the wages paid to each employee performing on covered work during the prior week.
The County must report any violations of the Act to the Federal Aviation
Administration.
L. Davis-Bacon Requirements (FAA Provision A10).
A. Minimum Wages
1) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted
by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount
of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of
payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof, regardless
of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs in curred
for more than a weekly period (but not less often than quarterly) under plans, funds,
or programs which cover the particular weekly period, are deemed to be
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constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided, that
the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under (1)(ii) of this section) and
the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and
its subcontractors at the site of the work in a prom inent and accessible place where
it can easily be seen by the workers.
2) The County shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and
fringe benefits therefore only when the following criteria have been met:
a. The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
b. The classification is utilized in the area by the construction industry; and
c. The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington DC
20210, for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is
necessary.
The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers
performing work in the classification under this contract from the first day on which
work is performed in the classification. (iii) Whenever the minimum wage rate
prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the Contractor shall either pay the
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benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
3) If the contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the Contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program.
B. Withholding. The Federal Aviation Administration or the sponsor shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld from the Contractor under this Contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to Davis-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees,
and helpers, employed by the Contractor or any subcontractor the full amount of wages
required by the Contract. In the event of failure to pay any lab orer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of work,
all or part of the wages required by the contract, the Federal Aviation Administration
may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
C. Payrolls and Basic Records.
1) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the work and preserved for a period of three (3) years thereafter
for all laborers and mechanics working at the site of the work. Such records shall
contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon
Act, the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or the
actual costs incurred in providing such benefits. Contractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
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registration of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
2) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Federal Aviation Administration if the agency
is a party to the contract, but if the agency is not such a party, the contractor will
submit the payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the Federal Aviation Administration. The payrolls submitted shall
set out accurately and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for each employee (e.g. the
last four digits of the employee's social security number). The required weekly
payroll information may be submitted in any form desired. Optional Form WH–347
is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker, and shall provide them upon
request to the Federal Aviation Administration if the agency is a party to the contract,
but if the agency is not such a party, the contractor will submit them to the applicant,
sponsor, or owner, as the case may be, for transmission to the Federal Aviation
Administration, the contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing
wage requirements. It is not a violation of this section for a prime contractor to
require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the sponsoring
government agency (or the applicant, sponsor, or owner).
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Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
a. That the payroll for the payroll period contains the information required to be
provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct
and complete;
b. That each laborer and mechanic (including each helper, apprentice and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR
Part 3;
c. That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the Contract.
The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (3)(ii)(B) of this section.
The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
3) The contractor or subcontractor shall make the records required under paragraph
(3)(i) of this section available for inspection, copying or transcription by authorized
representatives of the sponsor, the Federal Aviation Administration or the
Department of Labor, and shall permit such representatives to interview employees
during working hours on the job. If the contractor or subcontractor fails to submit
the required records or to make them available, the Federal agency may, after written
notice to the contractor, sponsor, applicant or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR
5.12.
D. Apprentices and Trainees.
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1) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If
the apprenticeship program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress,
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expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
that is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the event
the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program
is approved.
3) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part
30.
E. Compliance with Copeland Act Requirements.
1) The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this Contract.
F. Subcontracts.
1) The Contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the
Federal Aviation Administration may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR
Part 5.5.
G. Contract Termination: Debarment.
1) A breach of the Contract clauses in paragraph A through J of this Section may be
grounds for termination of the Contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
H. Compliance with Davis-Bacon and Related Act Requirements.
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1) All rulings and interpretations of the Davis-Bacon and Related Acts contained in
29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.
I. Disputes Concerning Labor Standards.
1) Disputes arising out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in
29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency,
the U.S. Department of Labor, or the employees or their representatives.
J. Certification of Eligibility.
1) By entering into this Contract, the Contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the Contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
2) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1).
3) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
LI. Disadvantaged Business Enterprises (FAA Provision A12).
A. Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
B. Prompt Payment (§26.29) - The prime Contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than ten
(10) days from the receipt of each payment the prime contractor receives from Pitkin
County. The prime contractor agrees further to return retainage payments to each
subcontractor within ten (10) days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the County. This
clause applies to both DBE and non-DBE subcontractors.
LII. Energy Conservation Requirements (FA Provision A14).Contractor and subcontractors
agree to comply with mandatory standards and policies relating to energy efficiency as
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contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq).
LIII. Equal Opportunity Clause (FAA Provision A15).
A. The Contractor agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identify or national origin. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or
national origin.
3) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining Contract or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this Section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
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by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
7) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however, that in the
event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency the
contractor may request the United States to enter into such litigation to protect the
interests of the United States.
B. As used in these specifications:
1) “Covered area” means the geographical area described in the solicitation from which
this Contract resulted;
2) "Director" means Director, Office of Federal Contract Compliance Programs
(OFCCP), U.S. Department of Labor, or any person to whom the Director delegates
authority;
3) "Employer identification number" means the Federal social security number used on
the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
4) "Minority" includes:
a. Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin);
b. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
c. Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the
Pacific Islands); and
d. American Indian or Alaskan native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
C. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract
in excess of $10,000 the provisions of these specifications and the Notice which
contains the applicable goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted.
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D. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors shall be able to demonstrate
their participation in and compliance with the provisions of any such Hometown Plan.
Each contractor or subcontractor participating in an approved plan is individually
required to comply with its obligations under the EEO clause and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a goal in
an approved Plan does not excuse any covered contractor's or subcontractor's failure to
take good faith efforts to achieve the Plan goals and timetables.
E. The Contractor shall implement the specific affirmative action standards provided in
paragraphs H1 through H16 of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the contractor
should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing
construction work in a geographical area where they do not have a Federal or federally
assisted construction contract shall apply the minority and female goals established for
the geographical area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and such notices may be obtained
from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The Contractor is expected to make substantially
uniform progress in meeting its goals in each craft during the period specified.
F. Neither the provisions of any collective bargaining Contract nor the failure by a union
with whom the contractor has a collective bargaining Contract to refer either minorities
or women shall excuse the Contractor's obligations under these specifications,
Executive Order 11246 or the regulations promulgated pursuant thereto.
G. In order for the non-working training hours of apprentices and trainees to be counted
in meeting the goals, such apprentices and trainees shall be employed by the contractor
during the training period and the contractor shall have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees shall be trained pursuant to
training programs approved by the U.S. Department of Labor.
H. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully and shall implement affirmative action
steps at least as extensive as the following:
1) Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor's employees are
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-48 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
assigned to work. The Contractor, where possible, will assign two or more women
to each construction project. The Contractor shall specifically ensure that all
foremen, superintendents, and other onsite supervisory personnel are aware of and
carry out the contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such
facilities.
2) Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
3) Maintain a current file of the names, addresses, and telephone numbers of each
minority and female off-the-street applicant and minority or female referral from a
union, a recruitment source, or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back to the contractor by the union or, if
referred, not employed by the contractor, this shall be documented in the file with
the reason therefore along with whatever additional actions the contractor may have
taken.
4) Provide immediate written notification to the Director when the union or unions with
which the contractor has a collective bargaining Contract has not referred to the
contractor a minority person or female sent by the contractor, or when the contractor
has other information that the union referral process has impeded the contractor's
efforts to meet its obligations.
5) Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading
programs and apprenticeship and trainee programs relevant to the contractor's
employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under H2 above.
6) Disseminate the contractor's EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining Contract; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where construction
work is performed.
7) Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility
for hiring, assignment, layoff, termination, or other employment decisions including
specific review of these items with onsite supervisory personnel such a
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-49 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
superintendents, general foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying the time
and place of these meetings, persons attending, subject matter discussed, and
disposition of the subject matter.
8) Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the contractor's EEO
policy with other contractors and subcontractors with whom the Contractor does or
anticipates doing business.
9) Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minority and female students; and to
minority and female recruitment and training organizations serving the Contractor's
recruitment area and employment needs. Not later than one month prior to the date
for the acceptance of applications for apprenticeship or other training by any
recruitment source, the contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and tests to be
used in the selection process.
10) Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer, and vacation
employment to minority and female youth both on the site and in other areas of a
contractor's workforce.
11) Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3.
12) Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel, for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
13) Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring
all personnel and employment related activities to ensure that the EEO policy and
the contractor's obligations under these specifications are being carried out.
14) Ensure that all facilities and company activities are non-segregated except that
separate or single user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
15) Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
16) Conduct a review, at least annually, of all supervisor's adherence to and performance
under the contractor's EEO policies and affirmative action obligations.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-50 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
I. Contractors are encouraged to participate in voluntary associations, which assist in
fulfilling one or more of their affirmative action obligations (H1 through H16). The
efforts of a contractor association, joint contractor union, contractor community, or
other similar groups of which the contractor is a member and participant, may be
asserted as fulfilling any one or more of its obligations under H1 through H16 of these
specifications provided that the Contractor actively participates in the group, makes
every effort to assure that the group has a positive impact on the employment of
minorities and women in the industry, ensures that the concrete benefits of the program
are reflected in the Contractor's minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the contractor's and failure of such
a group to fulfill an obligation shall not be a defense for the Contractor's
noncompliance.
J. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non-minority. Consequently, if the
particular group is employed in a substantially disparate manner (for example, even
though the contractor has achieved its goals for women generally,) the contractor may
be in violation of the Executive Order if a specific minority group of women is
underutilized.
K. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
L. The Contractor shall not enter into any subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
M. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office
of Federal Contract Compliance Programs. Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
N. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph H of these specifications, so as to achieve maximum results from its efforts
to ensure equal employment opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
O. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-51 CONSTRUCTION CONTRACT
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relating to the provisions hereof as may be required by the Government, and to keep
records. Records shall at least include for each employee, the name, address,
telephone number, construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per
week in the indicated trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
P. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant
Program).
LIV. Lobbying and Influencing Federal Employees (FAA Provision A17). The Contractor
certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer 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 grant, the making of any Federal loan, the entering
into of any cooperative Contract, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative Contract.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
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 Contract, the undersigned shall complete and submit Standard Form-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative Contracts) and that all sub-recipients
shall certify and disclose accordingly.
LV. Rights to Inventions (FAA Provision A21). Contracts or Contracts that include the
performance of experimental, developmental, or research work must provide for the
rights of the Federal Government and the County in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit
Organizations and Small Business Firms under Government Grants, Contracts, and
Cooperative Contracts. This Contract incorporates by reference the patent and
inventions rights as specified in 37 CFR §401.14. Contractor must include this
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-52 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
requirement in all sub-tier contracts involving experimental, developmental or research
work.
LVI. Veteran’s Preference (FAA Provision A25). In the employment of labor (excluding
executive, administrative, and supervisory positions), the Contractor and all sub-tier
contractors must give preference to covered veterans as defined within Title 49 United
States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian
Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business
concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and
qualified to perform the work to which the employment relates.
LVII. Trade Restriction Certification (FAA Provision A24). The Contractor certifies that with
respect to this Contract, the Contractor:
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-53 CONSTRUCTION CONTRACT
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A. Is not owned or controlled by one or more citizens of a foreign country included in the
list of countries that discriminate against U.S. firms as published by the Office of the
United States Trade Representative (U.S.T.R.);
B. Has not knowingly entered into any contract or subcontract for this project with a
person that is a citizen or national of a foreign country included on the list of countries
that discriminate against U.S. firms as published by the U.S.T.R; and
C. Has not entered into any subcontract for any product to be used on the project that is
produced in a foreign country included on the list of countries that discriminate against
U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous
when submitted or has become erroneous by reason of changed circumstances. The
Contractor must require subcontractors provide immediate written notice to the
Contractor if at any time it learns that its certification was erroneous by reason of
changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or
subcontractor:
1) Who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by
the U.S.T.R; or
2) Whose subcontractors are owned or controlled by one or more citizens or nationals
of a foreign country on such U.S.T.R. list; or
3) Who incorporates in the public works project any product of a foreign country on
such U.S.T.R. list.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-54 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
The Contractor agrees that it will incorporate this provision for certification without
modification in all lower tier subcontracts. The Contractor may rely on the certification
of a prospective subcontractor that it is not a firm from a foreign country included on
the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless
the Contractor has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed
when making an award. If it is later determined that the Contractor or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration
may direct through the Owner cancellation of the contract or subcontract for default at
no cost to the Owner or the FAA.
LVIII. Procurement of Recovered Materials (FAA Provision A20). Contractor and
subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory
provisions of 40 CFR Part 247. In the performance of this contract and to the extent
practicable, the Contractor and subcontractors are to use products containing the
highest percentage of recovered materials for items designated by the Environmental
Protection Agency (EPA) under 40 CFR Part 247 whenever:
A. The contract requires procurement of $10,000 or more of a designated item during
the fiscal year; or,
B. The Contractor has procured $10,000 or more of a designated item using Federal
funding during the previous fiscal year.
C. The list of EPA-designated items is available at
www.epa.gov/epawaste/conserve/tools/cpg/products/.
D. Section 6002(c) establishes exceptions to the preference for recovery of EPA-
designated products if the contractor can demonstrate the item is:
1) Not reasonably available within a timeframe providing for compliance with
the contract performance schedule;
2) Fails to meet reasonable contract performance requirements; or
3) Is only available at an unreasonable price.
LIX. Seismic Safety (FAA Provision A22).
A. In the performance of design services, the Consultant agrees to furnish a building
design and associated construction specification that conform to a building code
standard which provides a level of seismic safety substantially equivalent to standards
as established by the National Earthquake Hazards Reduction Program (NEHRP).
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-55 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
Local building codes that model their building code after the current version of the
International Building Code (IBC) meet the NEHRP equivalency level for seismic
safety. At the conclusion of the design services, the Consultant agrees to furnish the
Owner a “certification of compliance” that attests conformance of the building design
and the construction specifications with the seismic standards of NEHRP or an
equivalent building code.
B. The Contractor agrees to ensure that all work performed under the contract, including
work performed by subcontractors, conforms to a building code standard that provides
a level of seismic safety substantially equivalent to standards established by the
National Earthquake Hazards Reduction Program (NEHRP). Local building codes
that model their code after the current version of the International Building Code (IBC)
meet the NEHRP equivalency level for seismic safety.
LX. Distracted Driving (FAA Provision A13). In accordance with Executive Order 13513,
"Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and
DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the FAA
encourages recipients of Federal grant funds to adopt and enforce safety policies that
decrease crashes by distracted drivers, including policies to ban text messaging while
driving when performing work related to a grant or sub-grant.
In support of this initiative, the County encourages the Contractor to promote policies
and initiatives for its employees and other work personnel that decrease crashes by
distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The Contractor
must include the substance of this clause in all sub-tier contracts exceeding $3,500
which involve driving a motor vehicle in performance of work activities associated
with the project.
Contract # 040.2019
Budget Coding:404.69.92223.86000, 404.69.91470.82000 Revision: 2018.06.13 btf
ASPEN/PITKIN COUNTY AIRPORT C-56 CONSTRUCTION CONTRACT
COMMERCIAL APRON PAVEMENT REHABILITATION – PHASE 2
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out
herein above.
OLDCASTLE SW GROUP, INC. DBA UNITED COMPANIES
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
AIRPORT DIRECTOR APPROVAL:
________________________________________________
!#COUNTY ATTORNEY#! Date
ATTORNEY APPROVAL:
________________________________________________
!#COUNTY ATTORNEY#! Date
Mar-29-2019
Assistant Aviation Director
Aaron Buob
Airport Director
John Kinney
Mar-29-2019
County Manager
Apr-02-2019
Jon Peacock
Richard Neiley
Apr-02-2019
Asst. County Attorney
General Manager
Apr-03-2019
Kyle Alpha