HomeMy WebLinkAboutbocc.con.102.252025.05.08 CDD
Contract Number
Project Name
Contractor
Budget Line Item Varies By Task Order !#BUDGET# $ -
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$ -
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Procurement Method:
Form:
Contract Effective Date:
Contract End Date
Contract Type
Retainage
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Contact Information:
Department:
Project Lead:Jeff Pendarvis Phone:(970) 618-3481
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
Per Task Order
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102.25
Pitkin County
Procurement Cover Sheet
Cover Sheets are to be included with the contract record to provide an accurate summary of the Contract type, amounts, budget(s), and dates.
Contract Information
No
General On‑Call Electrical Services for ASE and Pitkin County Facilities
Pinnacle Electric Limited
Additional Budget Line
Item(s)
(Please fully allocate Contract Total if multiple
lines apply)
Formal
Services/Maintenance
10/1/2025
9/30/2026
Master Service Agreement
Facilities
MSA for the provision of on-call electrical services for the Aspen/Pitkin County Airport and the various County
Facilities located throughout Pitkin County. Pricing shall be governed by Pinnacle Electric proposal (Attachment B)
and will be based on individual task orders, not to exceed $250,000.00 per task order
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
Project #: 102.25 Rev. 2022.08.04 CDD
NOTICE OF AWARD
Date: September 29, 2025 To: Pinnacle Electric Limited
Chance Larson, Owner/Master Electrician
10211 Hwy 82 Carbondale, CO 81623 RE: RFP 102.25: General On-Call Electrical Services for ASE and Pitkin County
Facilities The County, having duly evaluated the Proposal submitted on September 15, 2025 for the provision of on-call electrical services in response to the Request for Proposal Document titled RFP 102.25: General On-Call Electrical Services for ASE and Pitkin County
Facilities, and it appearing that the qualification, cost, and other information in your Proposal Form are fair, equitable, and in the best interest of the County, hereby accepts and awards the Project to your organization. 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 or within ten (10) days following successful Contract negotiations, whichever shall occur sooner. In addition, you are required to furnish in the said time a complete W-9 along with Certificates of Insurance evidencing compliance with the requirement for insurance as
stated in the Contract Documents. PITKIN COUNTY, COLORADO
_____________________________________________________ !#COUNTY REPRESENTATIVE#! Date Receipt of the above Notice of Award is hereby acknowledged
_____________________________________________________ !#VENDOR SIGNATURE#! Date
Jeff Pendarvis
Oct-01-2025
Facilities Operations Manager
Oct-03-2025
President
Chance Larson
Contract # 102.25 Revision: 2023.08.16 CDD
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MASTER SERVICE AGREEMENT FOR PROVISION OF
GENERAL ON-CALL ELECTRICAL SERVICES FOR ASE AND PITKIN COUNTY
FACILITIES
THIS MASTER SERVICE AGREEMENT (“Agreement”), 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 Pinnacle Electric Limited, 10211 HWY 82, Carbondale,
CO 81623 (hereinafter called the “Contractor”).
I. Term of Contract: The term of this contract is from October 1, 2025 to September 30,
2026. At the expiration of the initial term, the contract may be extended for additional
terms of one (1) year by the express written consent of both parties.
II. Contractor’s Obligations. Contractor shall provide General On-Call Electrical Services
for ASE and Pitkin County Facilities services for various County projects as set forth
herein and as set forth in the individual Task Orders, which Task Orders shall be made
a part of this contract upon execution by the County and the Contractor. Contractor
shall complete the scope of work as defined in the individual Task Orders issued by the
County, from time to time, and agreed upon by Contractor. The projects defined in the
individual Task Orders shall be the County’s engineering requirements for work with
an estimated value of under Two Hudred and Fifty Thousand dollars and Zero cents
($250,000.00). All projects that are estimated to be over Two Hudred and Fifty
Thousand dollars and Zero cents ($250,000.00) shall be subject to formal Request for
Proposal/Quotation.
The scope of services shall include, but is not limited to the following: providing on-call electrical services for various County-owned and/or operated facilities, including the Aspen/Pitkin County Airport. The Contractor shall perform electrical servicing, repairs, installation, preventative maintenance, and related work on an as-needed, per-task-order basis.
Services shall be provided in accordance with the requirements described in each
Task Order issued by the County, and pursuant to the following attachments, which are incorporated into this Agreement by reference:
• Attachment A – County RFP documents, outlining technical specifications,
badging requirements, and service expectations
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• Attachment B – Contractor’s proposal, including qualifications, response times, hourly rates, and percentage markups on parts
All work must be performed in a professional, timely, and code-compliant manner by
licensed personnel, and in accordance with applicable federal, state, and local regulations.
Contractor may utilize subcontractors on an as-needed basis to perform services under this Agreement. The names and qualifications of all subcontractors shall be
provided to the County upon request. All subcontractors must be properly licensed,
insured, and in good standing with the State of Colorado and Pitkin County. The County reserves the right to review and approve or reject any proposed subcontractor at its sole discretion. Use of any unapproved subcontractor may be grounds for termination of the applicable Task Order or this Agreement.
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budgets and Schedules set out in the
Task Orders. It is expressly understood and agreed that in no event will the total compensation
and reimbursement to be paid hereunder exceed the sum defined in the Task Orders. By Task
Order or Task Order Amendment, the County and Contractor may reallocate the budget among
project tasks if the total budget amount remains unchanged. Contractor shall invoice for the
project monthly based on hours worked, with payment expected within thirty (30) days of
invoice, but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this Agreement shall be the
property of the County. However, Contractor shall have the right to utilize 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 Agreement, 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
Agreement for marketing purposes and professional presentations, articles, speeches and other
business purposes.
V. Pitkin County’s Obligations. Pitkin County shall administer this Agreement through a
County Representative identified in the individual Task Orders. The services provided and
products delivered by the Contractor under this Agreement will be subject to review by the
County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to
final payment.
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VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate
this Agreement, 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 Agreement
shall become the County’s property. Contractor shall be entitled to receive compensation in
accordance with the Agreement 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.
VII. Independent Contractor Status.
A. The parties to this Agreement intend that the relationship between them contemplated by
the Agreement 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
Agreement. Contractor may choose to work for other individuals or entities during the
term of this contract, provided that the basic services and deliverable products required
under this Agreement are submitted in the manner and on the schedule defined under this
Agreement.
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
Agreement.
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 Agreement.
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.
VIII. Assignability. This Agreement is not assignable by either party. Any use of subcontractors
by the Contractor for performance of this Agreement must be accepted in writing by the
County.
IX. Severability. In the event that any provision of this Agreement shall be held to be invalid or
unenforceable, the remaining provisions of this Agreement shall remain valid and binding upon
the parties hereto.
X. Integration and Modification.
A. This Agreement represents the entire and integrated Agreement between the County and
the Contractor and supersedes all prior negotiations, representations, or Agreement, either
written or oral. This Agreement may be amended only by written Agreement 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
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the County and the Contractor, shall be in writing and upon execution shall become part of
this Agreement.
XI. 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 Agreement 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 Agreement of indemnity applies. In
consideration of the award of this Agreement, 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.
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, insurance against claims for injury to persons or damage to property which may 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 Agreement and in no
way limit the indemnity covenants contained in this Agreement.
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 Agreement 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 Agreement 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
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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
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”.
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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 $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
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
Agreement 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@pitkincounty.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.
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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 Agreement.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Agreement 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.
XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this Agreement for a period of
three (3) years after final payment under the Agreement 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 reasonable times, for the purpose of determining, by
accepted accounting and auditing standards, compliance with all provisions of the Agreement
and applicable law.
XV. Contract Made in Colorado. The parties agree that this Agreement 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.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of
this Agreement, the substantially prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this Agreement, 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 Agreement 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.
XVIII. 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
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on any class or source of Pitkin County’s moneys, nor shall any provision of this contract
restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class
or source of Pitkin County’s money.
XIX. Notice. Any notice required or permitted under this Agreement 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
To Contractor:
Pinnacle Electric Limited 10211 HWY 82 Carbondale, CO 81623 Phone: (970) 710-772 Email: chance@evsolutions.energy
XX. Access to Records and Reports.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, 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
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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.
XXI. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity.
1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. 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:
Timetables
Goals for minority participation for each trade:
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 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.
3. 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 the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor;
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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.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is the City of Aspen, located within Pitkin County, Colorado.
XXII. Breach of Contract Terms.
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed
with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
XXIII. Buy American Preferences.
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 Federal Aviation Administration 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.
A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not
include a completed Certificate of Buy American Compliance.
XXIV. General Civil Rights Provisions.
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or
benefiting from Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
XXV. Civil Rights – Title VI Clauses for Compliance with Nondiscrimination Requirements.
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:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
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may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, 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.
3. 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.
4. 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.
5. 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:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six 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 sponsor to enter into any litigation to protect the
interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
XXVII. Title VI List of Pertinent Nondiscrimination and Authorities. During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the
following non-discrimination statutes and authorities; including but not limited to:
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• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);
• 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);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• 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);
• 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);
• 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 USC §§ 12131 – 12189) as implemented by U.S. Department of
Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• 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);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
XXVIII. Clean Air/Water Pollution Control.
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the
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Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
XXIX. Contract Work Hours and Safety Standards Act Requirements.
1. 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.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, 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 (1) of this clause, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner 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 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 (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) 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 (1) through (4) of this clause.
XXX. Copeland “Anti-Kickback” Act.
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 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 Owner, a weekly statement
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on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.
XXXI. Davis-Bacon Requirements.
1. Minimum Wages.
(i) 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 incurred 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 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 prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer 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:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of
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receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) 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 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.
(D) 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 benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) 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.
2. 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 laborer 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.
3. Payrolls and Basic Records.
(i) 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 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
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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 that 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 that show the costs anticipated or the actual costs incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) 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 www.dol.gov/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).
(B) 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:
(1) 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;
(2) 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
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directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) 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.
(C) 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.
(D) 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.
(iii) 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.
4. Apprentices and Trainees.
(i) 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
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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.
(ii) 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, 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 that 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.
(iii) 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.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
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shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 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.
8. Compliance with Davis-Bacon and Related Act Requirements.
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.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor
(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) 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).
(ii) 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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
XXXII. Debarment and Suspension.
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither
it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, 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
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the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder 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 Certification of Offerer /Bidder
Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies,
including suspension and debarment of the non-compliant participant
XXXIII. Disadvantages Business Enterprise.
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 Department of Transportation-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 Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
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 90 days from the receipt
of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 90 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 Owner. This clause applies to both DBE and non-DBE subcontractors.
XXXIV. Distracted Driving – Texting While Driving.
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 Federal Aviation Administration 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 subgrant.
In support of this initiative, the Owner 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
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substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.
XXXV. Energy Conservation Requirements.
Contractor and Subcontractor agree to comply with mandatory standards and policies relating
to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).
XXXVI. Equal Opportunity Clause.
During the performance of this contract, 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 it has a collective bargaining agreement 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 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
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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.
XXXVII. Standard Federal Equal Employment Opportunity Construction Contract Specifications.
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);
(3) 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
(4) 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).
2. 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.
3. If the Contractor is participating (pursuant to 41 CFR part 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
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covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p 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.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. 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.
7. 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:
a. 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 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.
b. 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.
c. 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,
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this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement 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.
e. 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 7b above.
f. 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 agreement; 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.
g. 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 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.
h. 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.
i. 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
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shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. 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.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. 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.
m. 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.
n. 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.
o. 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.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). 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 7a through 7p 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.
9. 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
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goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. 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.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. 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.
13. 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 7 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 part 60-4.8.
14. 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 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.
15. 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).
XXXVIII. Federal Fair Labor Standards Act.
All contracts and subcontracts that result from this solicitation 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 statute 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.
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XXXIX. Drug Free Workplace.
Contractor understands that Owner operates under a Drug Free Workplace policy and in compliance with Drug Free requirements as provided by the FAA. Contractor is expected to observe and respect any policies regarding drug and/or alcohol use while performing under
this Agreement.
XL. Trade Restriction Certification.
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –
1) 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 (USTR);
2) 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 USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
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 USC 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
USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such
USTR 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.
The Offeror agrees that, if awarded a contract resulting from this solicitation, 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
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a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror 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 (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
XLI. Lobbying and Influencing Federal Employees.
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, 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 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) 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 agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
(3) 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, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
XLII. Occupational Safety and Health Act.
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer 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). The
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employer 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.
XLIII. Prohibition of Segregated Facilities.
(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 Employment 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.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
XLIV. Procurement of Recovered Materials.
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:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
XLV. Rights to Inventions.
Contracts or agreements that include the performance of experimental, developmental, or
research work must provide for the rights of the Federal Government and the Owner 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
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Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
XLVI. Seismic Safety (Limited).
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 that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). 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.
Qualifying Construction Contracts
The Contractor agrees to ensure that all work performed under this 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.
XLVII. Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Conviction.
The applicant must complete the following two certification statements. The applicant must
indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it () is () is not a corporation that has any unpaid Federal
tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
2) The applicant represents that it () is () is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or
debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will
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then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four
(24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
XLVIII. Termination for Convenience.
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT
CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly
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directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the
notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1. completed and acceptable work executed in accordance with the contract documents
prior to the effective date of termination;
2. documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;
3. reasonable and substantiated claims, costs, and damages incurred in settlement of
terminated contracts with Subcontractors and Suppliers; and
4. reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its
convenience and without cause or default on the part of Consultant. Upon receipt of the notice
of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
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documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation
will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
A25.3.2 Termination for Default
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor.
TERMINATION FOR DEFAULT (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this
Contract if the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the Notice- to-Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract,
including any Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach
or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such
completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default.
Owner will not terminate the Contractor’s right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include:
acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with
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the Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor’s right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the
parties will be the same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its
obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the breach,
the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for
the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the
Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications,
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reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation
will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the
Owner issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the
Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the
effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
XLIX. Veteran’s Preference.
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 USC 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above. PINNACLE ELECTRIC LIMITED ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
COUNTY MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date ATTORNEY APPROVAL:
________________________________________________ !#COUNTY ATTORNEY#! Date
Oct-01-2025
Jeff Pendarvis
Facilities Operations Manager
Oct-02-2025
Ryan Mahoney
Deputy County Manager
Richard Neiley
Oct-02-2025
County Attorney
Chance Larson
Oct-03-2025
President
PUBLIC NOTICE Pitkin County is accepting proposals to provide GENERAL ON-CALL ELECTRICAL SERVICES
FOR ASE AND PITKIN COUNTY FACILITIES.
More information is available online at www.BidNetDirect.com/Colorado. Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on August 19, 2025. Questions and requests for clarification will only be accepted via email at procurement@pitkincounty.com.
Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 PM MT on September 15, 2025. Published in the Aspen Daily News: August 25, 2025 and September 1, 2025.
TITLE VI SOLICITATION NOTICE Pitkin County, in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d.4) and the applicable regulations, hereby notifies all submitters that it will affirmatively ensure that any contract entered into
pursuant to this Public Notice, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The requirements of 49 CFR part 26 will apply to any contract or services agreement awarded as a direct or indirect result of this RFP process. It is the policy of Pitkin County to practice nondiscrimination based on race, color, sex or national origin in the award or
performance of this contract. The County encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.
Attachment A
PITKIN COUNTY GENERAL ON-CALL ELECTRICAL SERVICES FOR ASE AND PITKIN COUNTY FACILITIES
Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3
III. SCOPE OF WORK 4
A. SPECIFICATIONS 4 B. BADGING REQUIREMENTS AND PROCESS 6 C. ADDITIONAL REQUIREMENTS 6 D. ADDITIONAL INFORMATION 7
IV. SELECTION PROCESS 8 A. SUBMITTALS 9 B. TIME SCHEDULE 9 C. EVALUATION CRITERIA AND WEIGHING 10
D. SELECTION COMMITTEE 10
E. CONTRACT G. FEDERAL REGULATIONS COMPLIANCE 11 PROPOSAL FORM 13 INSTRUCTIONS TO PROPOSERS 15
Attachment A
REQUEST FOR PROPOSALS GENERAL ON-CALL ELECTRICAL SERVICES FOR ASE AND PITKIN COUNTY FACILITIES GENERAL INFORMATION TO PROPOSERS
ISSUED: August 20, 2025 DUE: September 15, 2025 by no later than 2:00 PM MT I. INTRODUCTION
Pitkin County (hereinafter called the “County”) is qualifying interested parties for
the provision of on-call electrical services for the Aspen/Pitkin County Airport and the various County Facilities located throughout Pitkin County. The County intends to award one-year Master Services Agreement(s) with the
option to renew additional one-year terms as mutually agreeable. The County may
award multiple agreements depending on the qualifications, pricing, and variety of services deemed necessary to support the full scope of the County’s electrical on-call services needs. Work performed under any awarded Master Services Agreement will be defined by a mutually signed Task Order.
Pitkin County anticipates funding for the contract resulting from this RFP, all or in part, through Federal grant funds issued by the Federal Aviation Administrations (FAA). The project should be conducted in accordance with applicable FAA Advisory Circulars and other federal, state, and local requirements including but
not limited to AC 150/5070-6B (Airport Master Plans), AC 150/5300-13 (Airport
Design), AC 150/5050-4A (Community Involvement in Airport Planning), AC 150/5300-16 (Aeronautical Surveying), AC 150/5300-17 (Airport Imagery), and AC 150/5300-18 (Geographic Information System (GIS) Standards).
II. COUNTY BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen.
Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old
Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt.
Attachment A
As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations.
Organizational Values: Pitkin County embraces the following values to promote public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community, public assets, and organization in better condition than we found them for current and
future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the conduct of County business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community’s needs.
Collaboration: We work together as employees and with citizens and other
government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals. Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information.
Positive Work Environment: We appreciate dedicated and knowledgeable
employees and support their professional and personal growth. Additional information about the County may be found on the County’s website at: https://pitkincounty.com/DocumentCenter/View/21997/PC_brochure_2020_FFO_digital
III. SCOPE OF WORK A. SPECIFICATIONS Pitkin County is seeking proposals from qualified, licensed electrical contractors to provide on-call electrical servicing, repairs, installation, and preventative
maintenance for the Aspen/Pitkin County Airport and various County-owned
and/or operated facilities. The County intends to qualify and award a sole or multiple service providers to support the needs of the County’s increasingly electrified facilities. The County
will only evaluate proposals from respondents who are able to evidence that their
organization is properly licensed, sufficiently insured, and in good standing with the State of Colorado. The awarded contractor(s) shall provide timely, professional, and code-compliant services on an as-needed, per-task-order basis.
Airport:
The awarded service provider(s) will be required to sponsor their staff in the completion of the ASE badging process prior to accessing or servicing security-restricted areas on airport premises; this process includes a computer-based learning course, passing of a computer-based test, and the passing of a background
check for each staff member who will or may be deployed to work on Airport
projects. ASE staff will not, under normal circumstances, escort electrician staff in lieu of this requirement, and contractor staff must observe all FAA, TSA, ASE, or
Attachment A
other applicable security rules, laws, ordinances, and/or regulatory requirements while on airport premises.
The Aspen/Pitkin County Airport is made up of two primary facilities, the Terminal building and the Airport Operations Center, along with an extensive outdoor lighting and electrical vehicle charging system, airfield lighting system, and various auxiliary electrical systems across the property for which Pitkin County is
responsible for maintaining. These systems include, but are not limited to, electrical
components such as lighting systems, regulators, in-pavement systems, generators, and an electrical vault. The On-Call electrician is intended to work with the Airport’s on-staff electrician and facilities maintenance crew to support and supplement their efforts.
The Airport is staffed from 4:30 AM – 11:30 PM, seven days a week. While we endeavor to have most repairs and maintenance performed during regular business hours, there are circumstances that require immediate attention. In their proposals,
interested service providers should include a description of their standard hours and
whether they are available for after-hours or weekend services, and if so, what their typical response time is in those circumstances.
Pitkin County Facilities (General, Residential, and Commercial):
Pitkin County owns and/or is operationally responsible for a fairly large and diverse inventory of facilities and electrical systems. The inventory includes the County’s Administration and Sheriff’s Office Building, Pitkin County Justice Center (Jail), Pitkin County Library, Health and Human Services, Public Works, Solid Waste
Center, River Park Center, Senior Services, Ambulance Building, Regional
Dispatch Center(s), and Facilities along with an extensive number of Employee Housing residential units, mixed-use facilities (Telecommunications), leased properties, and a mobile home park; this listing is to provide an overview and is not to be interpreted as an exhaustive representation of the facilities and/or electrical
networks that the County is responsible for maintaining.
Due to the large and varying nature of electrical systems and needs, the County is seeking to qualify and secure agreements with licensed electrical services providers to work collaboratively with County staff, tenants, County contracted vendors, and/or leaseholders in order to maintain consistent and reliable electrical service in
all County-owned and/or operated locations. Contractors must be able to
demonstrate their organization’s capability, experience, and capacity to respond to a wide range of electrical service needs in a timely and professional manner. The selected service provider(s) will provide quality, professional repairs, preventative maintenance, demolition, and installation of electrical components and
all associated tasks. In addition, the selected provider will be required to have and
provide proof of proper licensing and insurance to work on electrical systems. The scope and expertise required may vary by service request.
Attachment A
Each proposal should also include:
• A list of hourly rates for personnel (e.g., electrician, journeyman,
apprentice, etc.)
• Percentage markup on parts
• Response time for emergency service calls
B. BADGING REQUIREMENTS AND PROCESS
If access to restricted areas where Airport Ops personnel will not be available to escort, Contractor will be required to badge appropriate personnel to meet project requirements securely. The below information is general guidance for the badging process and associated cost(s):
There is no cost for the initial badging process, including
background check. Contractor will be responsible for cost of sending personnel in for badging and any associated training, which typically requires two (2) separate visits. The first is to get fingerprinted and bring copies of two I-9 documents. Once the
results of the fingerprints and Security threat assessment are
received, then an appointment needs to be made to do security training. This appointment can take up to an hour and a half. Turn-around time is typically 7 to 10 business days once all
information is submitted for background checks.
Badging Fees for Damaged Badges: 1st Replacement $50.00 2nd Replacement $100.00
Badging Fees for Lost/Stolen Badges:
1st Lost $50.00 2nd Lost $100.00 All badges have to be returned at the end of the project. If not
returned within 30 days, then a $125.00 fee will be charged.
C. ADDITIONAL REQUIREMENTS 1. Material Standards & Code Compliance - All work must comply with
the latest edition of the National Electrical Code (NEC), local building
codes, and County specifications. 2. Subcontractor Use - Subcontractors may not be used without prior written approval from the County. All subcontractors must meet the same licensing and insurance requirements as the primary contractor.
Attachment A
3. Safety Requirements - All contractor personnel must comply with OSHA regulations and any additional County safety protocols. Job sites
must be left clean and hazard-free after work completion.
4. Environmental/Sustainability Considerations - Contractors are encouraged to use energy-efficient fixtures and materials whenever feasible, and to minimize waste in accordance with County sustainability goals.
D. ADDITIONAL INFORMATION It is the Contractors responsibility to provide any and all safety equipment and/or managerial oversight necessary to perform all work in a safe and workman-like manner. Pitkin County reserves the right to enter the working site for periodic
checks of safe working environments, as applicable.
Pitkin County expects that any Contractor providing goods or services will do so in compliance with Pitkin County policies, including, but not limited to, tobacco use policies, public health orders, permitting requirements, construction ordinances,
building access and safety requirements, and Pitkin County standards of conduct.
Pitkin County’s elected Board of County Commissioners have identified climate action and carbon footprint reduction as a priority for County projects. Pitkin County encourages all proposers to be environmentally conscious when preparing
their proposal documents, making travel plans, printing materials, selecting fleet
vehicles, designing/updating facilities systems, qualifying subcontractors, investing, and/or any other business activities wherever a less environmentally impactful solution may or could exist.
IV. SELECTION PROCESS The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above-described proposal. This process shall be through formal proposals submitted in
response to this Request for Proposals. A. SUBMITTALS 1. Proposer shall submit proposals for this Service as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed
by Proposer in response to and in accordance with this Request for Proposals and
Information to Proposers attached hereto. Proposal Format: Each response shall be 8½” X 11” in size. Font, Times New Roman, size shall be no smaller than 12 point. A sample contract has been included
for review and Template Contract revisions, if any, must be uploaded as a separate
file with any changes clearly highlighted. Template Contract change requests will
not be reviewed until scoring has been completed and, as such, any information that could be considered material to your proposed response to the solicitation should
Attachment A
not be included in the sample Contract. Proposals may include pages up to 11”x17” size, as needed.
a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional selection process requests should be communicated;
b. A proposed approach (basic description of how Proposer will
proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered; c. A statement of Qualifications of the Proposer and any
subcontractors anticipated to perform under the awarded contract;
d. References, especially those for significantly similar projects with local governments;
e. A completed Proposal Form (may indicate “In Attached
Documents” for Approach and Qualifications/References sections of the provided Proposal Form, if desired. The Proposal Form, however, will not be considered complete if any and all addenda are not acknowledged and the form has not been signed);
f. List of all subcontractors (including qualifications); g. Fee schedule of standard rates for any work that may not be included in provided Scope of Work, as applicable
2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary.
3. Any and all questions or comments shall be submitted via email to
procurement@pitkincounty.com no later than 4:00 PM MT on August 29, 2025. All requests must have the email subject line, “RFP 102.25 General On-Call Electrical Services for ASE and Pitkin County Facilities Request for Clarification and Questions.” All questions, comments and answers
provided shall be shared with all Proposers via addendum posted on
BidNet Direct. Addendum(s) will include the requests for clarification and questions, as written by the Proposer. 4. All Proposals must be uploaded to the BidNet Direct website. Proposals
will not be accepted in any other form or manner.
5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be
Attachment A
available to the public (which includes all Proposers) after an agreement is approved by the County, except those items for which confidentiality has
been requested in writing by the Proposer, and providing that the County
Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations.
B. TIME SCHEDULE The County will endeavor to use the following timetable:
August 20, 2025 Request for Proposals publicly advertised, posted on website
(www.bidnetdirect.com/colorado) August 29, 2025 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 4:00 PM MT
September 5, 2025 County’s response to request for clarification and questions posted on BidNet Direct via addendum September 15, 2025 PROPOSALS MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT
Week of Sept. 15, 2025 Meeting of Selection Committee; checking of references as necessary; requests for additional information or
clarifications, if necessary; scheduling of interviews, if
necessary September 23, 2025 Issuance of Notice of Award to top-ranked proposer
September 30, 2025 Notices sent to unsuccessful proposers
September 23, 2025 Anticipated Contract Start Date
C. EVALUATION CRITERIA AND WEIGHING
Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked Proposer will be based upon the following criteria and relative importance (or as the same may be amended or supplemented by published secondary selection criteria, if any):
1. Approach to Project 30% The Proposer shall prepare a brief statement as to their intention to address: A. The Project Scope of Work
Attachment A
B. The Project Schedule
2. List of Similar Work 20%
The Proposer shall submit examples of projects of similar size and scope, specifically with local governments when available. 3. Estimated Cost of Services, including Reimbursable Expenses 40%
A. The Proposer shall list all costs assumed necessary to successfully
complete and/or deliver the provided scope of work, services, and/or goods, including, but not necessarily limited to: i. Labor and material expenses ii. Reimbursable expenses for mileage and/or
administrative services
iii. Miscellaneous expenses B. The Proposer shall provide a list of standard fees/rates and material markup rates to include with the Contract for any additional services or goods that may not be covered in the
awarded Contract; billable only as incurred and as agreed upon in
advance by mutual signing of a change order. 4. References 10% The Proposer shall provide a list, including contact name and information,
of references/prior clients, especially local, state and federal government. D. SELECTION COMMITTEE Communications between Proposer and any member of the selection committee
during the selection process, except when and in the manner expressly authorized
by the Request for Proposals, is prohibited. Violation of this restriction is grounds for disqualification from the process. Voting Members of the
Selection Committee:
Nonvoting counsel to the
Selection Committee:
-Greg Boyd -Chad Mezzie -Austin Magruder - Jodie Grady
- Jeff Pendarvis
-County Attorney -County Procurement
E. SAMPLE CONTRACT A sample of the Pitkin County Master Services Agreement along with a templated Task Order form are included as Attachment A and Attachment B, respectively.
The Proposer must present any exceptions to the standard contract language, if
any, with their proposal, included as a separate document. If changes are not requested at the time of proposal submission, the County shall consider that terms and conditions are accepted by proposer. Requests for Contract alterations,
Attachment A
modifications, additions, or deletions will not be entertained following proposal submission. Submittal of contract change requests is for County’s information
only and will not be reviewed until selection committee scoring and vendor
selection has been completed; contract language change requests will not disqualify any proposer or be evaluated for partiality. This opportunity is offered so proposers may familiarize themselves with standard County terms and requirements, and change requests that are submitted at the time of proposal allow
the County to expedite the consideration of such requests during the award
process so as to avoid delays in contracting. As mentioned in Section IV.A, proposers should not include any information specific to their proposed approach, pricing, delivery schedule, etc. when
submitting language change requests as this information will not be reviewed
prior to final selection of a top-ranked proposer. Failure of proposer to review and abide by this guidance and any lack of conveyance of such information to the selection committee shall be construed as an error on the behalf of the proposer and not on behalf of the County or the selection committee.
F. FEDERAL REGULATIONS COMPLIANCE
Because this contract may be funded in whole or in part with federal funds, including FAA funding, the selected contractor and all subcontractors shall comply fully with all applicable federal, state, and local laws, regulations, ordinances, codes, and grant
requirements. This includes, but is not limited to:
• FAA and TSA regulations related to airport security
• Passenger Facility Charge (PFC) requirements
• Americans with Disabilities Act (ADA) requirements
• Colorado Department of Transportation (CDOT) security and grant
requirements
• Colorado licensing laws governing armed and unarmed security personnel
• Any other applicable federal, state, or local requirements related to the scope of services
The contractor and its subcontractors shall:
• Remain current with all applicable laws, regulations, and guidance throughout the term of the contract
• Ensure that all personnel performing services under this agreement are trained in and comply with applicable regulatory requirements
• Submit certifications of compliance as required by Pitkin County, the
FAA, TSA, CDOT, or any other regulatory agency
• Include all required FAA contract clauses and flow-down provisions in all subcontractor agreements
Attachment A
Pitkin County reserves the right to request documentation or conduct audits to verify compliance with these obligations at any time during the term of the
contract.
Attachment A
PROPOSAL FORM
Proposal Time: 2:00 PM MT Proposal Date: September 15, 2025 From:
Phone E-mail Address:
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611
For: RFP 102.25: General On-Call Electrical Services for ASE and Pitkin
County Facilities Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including familiarization of the site
and/or the conditions of the proposed Service environment, including the availability of
materials and labor hereby proposes to furnish all labor, materials, supplies, applicable permits, services, and supervision required to provide a completed product as detailed in this RFP and adjoining documentation for the sum of:
• $_ Please use the attached 102.25 Cost Worksheet (Attachment C)
Fee Schedule(s) for this project and any applicable work that may not have been included in the Scope of Work but may be necessary for successful completion must be included in the proposal documents.
Approach, Qualifications, and References may be submitted on your own proposal form;
please indicate “In attached documents” for any items omitted herein. A completed
proposal form including, at minimum, acknowledgement of all addenda and signature/corporate seal is required for proposals to be considered responsive.
Attachment A
Statement and Detailed Approach to Service:
Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for
Reference Checks. 1.
2.
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures)
Dated this day of , 2025 (Corporate seal) PROPOSER:
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposal Form should be signed by an officer, i.e. President or vice-president. The signature of the
officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed.
Attachment A
INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS
1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for in the Request for Proposals (“RFP”). b. Proposals must be submitted electronically in PDF format and submitted at the time and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award.
c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public
Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible. In the event that it is impossible to determine who the late Proposer is unless
the envelope is opened, the envelope will be opened, the address determined, and the envelope and Proposal returned immediately to the Proposer. d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information. e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is
material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below).
f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control. g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site inspection, pre-bid conference or interviews.
h. No person, firm, corporation or other entity shall be allowed to make, file or be interested in more than one Proposal for the same work, unless alternate proposals are called for. A person, firm, corporation or other entity who has submitted a sub-proposal to Proposer, or who has quoted prices on materials to a Proposer, is not
Attachment A
hereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification, explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions.
b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution
has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as
an alternative on a formal addendum available to all Proposers three (3) days prior to the deadline for Proposal submission, when possible. If approval of any substitute materials and/or processes has not been provided by County prior to the deadline for proposal submission, proposers may elect to submit an alternate bid with separate pricing and rationalization for the alternate materials and/or approach. County, at its sole discretion, will determine if the alternate meets the needs of the respective project. c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery
through e-mail, facsimile, web-posting or other electronic means. Neither the County nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted, a summary of the pre-proposal conference will be mailed or electronically
delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements of 2.a. and 2.c., above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal.
g. If specified in the RFP, a request for qualifications may precede the RFP process.
Attachment A
3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount
specified, payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work (see 10.a., below). The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two Proposers’ guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement
if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements.
c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it
shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b) substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.
e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The state in which the entity was formed and whose law governs the entity shall be shown below the signature.
f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements of the "Pitkin County Procurement Code," (Ordinance #009-2025, as previously amended by Ordinances #026-2005 & #03-2007 (copies available via the PitkinCounty website at https://pitkincounty.com/DocumentCenter/View/27059/title-03-revenue-and-finance or upon request for a nominal charge). As such, the Proposer agrees to comply with all applicable requirements of said Procurement Code relating to proposing, contract drafting, contract administration, and ethics. The requirements of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents, which violation is known or should have been known by Proposer, and failure to so notify the County of violations within
five (5) days of knowledge of such violations shall disqualify the Proposer from award
Attachment A
of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of
the Procurement Code. c. The submission of a Proposal shall be conclusive evidence and legal admission that the Proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents, the plans and specifications, the site and conditions under which the work
is to be performed, the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No
Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a Proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of Proposers results in delay in
receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening. b. All Proposals submitted must be valid for a minimum period of sixty (60) days after the date of the Proposal opening. During this time, Proposers are investigated, and Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms, conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County to determine, in the
County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal, the County does not award on price alone. The County may also consider the quality of product as judged by the County; past experience with Proposers, subcontractors, independent
contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations, all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors, independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation
necessary to perform the work and support any warranties in accordance with the Contract Documents in the prescribed manner and time.
Attachment A
d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets
the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible Proposer in the selection ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the rights to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County.
e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information
provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional pro-
posals. f. Any questions or disputes involving the documents or procedures not covered by these Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County. 7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents and in accordance with the Pitkin County Procurement Code. County standard practice is to first notice the top-ranked proposer and enter into a final contract agreement prior to notifying unsuccessful bidders.
Non-awarded bidders will be notified of the County’s decision and shall be offered an optional debrief conversation of the bidding and evaluation process; debrief conversations may be offered prior to contract signing but, in most cases, will not be scheduled until a contract has been finalized. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate
agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation or an extension of time to complete the work that is the subject of the Proposal. 9. If any contract awarded as a result of a Proposal extends beyond the calendar year, nothing herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that
payment under any Contract is conditional upon annual or supplemental statutory appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for
Attachment A
services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated.
Attachment A
MASTER SERVICE AGREEMENT FOR PROVISION OF
ENTER DESCRIPTION
THIS MASTER SERVICE AGREEMENT (“Agreement”), 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 Contractor Legal Entity, Contractor Street Address
(Include Suite/Unit), City, ST ZIP (hereinafter called the “Contractor”).
I.Term of Contract: The term of this contract is from Contract Start Date to Contract End
Date. Optional Contract Extension
II.Contractor’s Obligations. Contractor shall provide Enter Description of Services
services for various County projects as set forth herein and as set forth in the individual
Task Orders, which Task Orders shall be made a part of this contract upon execution
by the County and the Contractor. Contractor shall complete the scope of work as
defined in the individual Task Orders issued by the County, from time to time, and
agreed upon by Contractor. The projects defined in the individual Task Orders shall be
the County’s engineering requirements for work with an estimated value of under spell
out number of dollars dollars and spell out number of cents cents ($0.00). All projects
that are estimated to be over spell out number of dollars dollars and spell out number
of cents cents ($0.00) shall be subject to formal Request for Proposal/Quotation.
The scope of services shall include, but is not limited to the following:
If required, the Contractor shall utilize the following subcontractors to complete the
work defined in the Task Orders. Additional subcontractors may be added by written
agreement from both parties:
III.Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budgets and
Schedules set out in the Task Orders. It is expressly understood and agreed that in no
event will the total compensation and reimbursement to be paid hereunder exceed the
sum defined in the Task Orders. By Task Order or Task Order Amendment, the County
and Contractor may reallocate the budget among project tasks if the total budget
amount remains unchanged. Contractor shall invoice for the project monthly based on
hours worked, with payment expected within thirty (30) days of invoice, but any
Attachment A
payment by the County may be offset by any amount the Contractor owes the County
for any reason.
IV.County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this Agreement shall
be the property of the County. However, Contractor shall have the right to utilize 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 Agreement, 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 Agreement for marketing purposes and
professional presentations, articles, speeches and other business purposes.
V.Pitkin County’s Obligations. Pitkin County shall administer this Agreement
through a County Representative identified in the individual Task Orders. The services
provided and products delivered by the Contractor under this Agreement will be subject
to review by the County’s Representatives, or a designee, for compliance with
Contractor’s obligations prior to final payment.
VI.Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Agreement, 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 Agreement shall become the County’s property.
Contractor shall be entitled to receive compensation in accordance with the Agreement
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.
VII.Independent Contractor Status.
A.The parties to this Agreement intend that the relationship between them
contemplated by the Agreement 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 Agreement. Contractor may choose to work for other individuals or entities
during the term of this contract, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the
schedule defined under this Agreement.
Attachment A
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 Agreement.
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 Agreement.
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.
VIII.Assignability. This Agreement is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Agreement must be accepted
in writing by the County.
IX.Severability. In the event that any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this Agreement shall remain valid
and binding upon the parties hereto.
X.Integration and Modification.
A.This Agreement represents the entire and integrated Agreement between the
County and the Contractor and supersedes all prior negotiations, representations, or
Agreement, either written or oral. This Agreement may be amended only by written
Agreement 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 Agreement.
XI.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 Agreement 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 Agreement of indemnity
applies. In consideration of the award of this Agreement, the Contractor agrees to
Attachment A
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.
XII.Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this
Agreement are satisfied, insurance against claims for injury to persons or damage to
property which may 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 Agreement and
in no way limit the indemnity covenants contained in this Agreement.
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 Agreement 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 Agreement 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
Attachment A
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
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 $
b.☐ Professional Errors and Omissions
c.☐ Aircraft Liability
d.☐ Owner’s Protective
Attachment A
e.☐ Builder’s Risk
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
Agreement 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@pitkincounty.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
Agreement.
Attachment A
XIII.Exemptions and Preferences. All purchases of construction or building or any other
materials for this Agreement 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.
XIV.Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Agreement
for a period of three (3) years after final payment under the Agreement 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 reasonable times,
for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the Agreement and applicable law.
XV.Contract Made in Colorado. The parties agree that this Agreement 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.
XVI.Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII.Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Agreement, 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 Agreement 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.
XVIII.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
Attachment A
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 future issuance of Pitkin County’s bonds or any obligations payable
from any class or source of Pitkin County’s money.
XIX.Notice. Any notice required or permitted under this Agreement 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
To Contractor: Contractor Legal Entity Contractor Street Address (Include Suite/Unit) City, ST ZIP
Phone: ( ) - Email: first.last@emailserver.com
XX.Access to Records and Reports.
The Contractor must maintain an acceptable cost accounting system. The Contractor
agrees to provide the Owner, the Federal Aviation Administration and the ComptrollerGeneral of the United States or any of their duly authorized representatives access toany books, documents, papers and records of the Contractor which are directlypertinent to the specific contract for the purpose of making audit, examination, excerpts
and transcriptions. The Contractor agrees to maintain all books, records and reports
Attachment A
required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
XXI.Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity.
1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” andthe “Standard Federal Equal Employment Opportunity Construction ContractSpecifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor’s aggregate workforce in each trade on allconstruction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade:
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether ornot it is Federal or federally assisted) performed in the covered area. If theContractor performs construction work in a geographical area located outside of thecovered 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 involvedconstruction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFRPart 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 femaleemployment and training must be substantially uniform throughout the length of thecontract, and in each trade, and the Contractor shall make a good faith effort toemploy 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 violation ofthe 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.
3.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 workunder the contract resulting from this solicitation. The notification shall list the name,address, and telephone number of the subcontractor; employer identification numberof the subcontractor; estimated dollar amount of the subcontract; estimated starting
Attachment A
and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4.As used in this notice and in the contract resulting from this solicitation, the “covered
area” is the City of Aspen, located within Pitkin County, Colorado.
XXII.Breach of Contract Terms.
Any violation or breach of terms of this contract on the part of the Contractor or its
subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breachand corrective actions the Contractor must undertake in order to avoid termination ofthe contract. Owner reserves the right to withhold payments to Contractor until such
time the Contractor corrects the breach or the Owner elects to terminate the contract.
The Owner’s notice will identify a specific date by which the Contractor must correctthe breach. Owner may proceed with termination of the contract if the Contractor failsto correct the breach by the deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
XXIII.Buy American Preferences.
The Contractor agrees to comply with 49 USC § 50101, which provides that Federalfunds may not be obligated unless all steel and manufactured goods used in AIP funded
projects are produced in the United States, unless the Federal Aviation Administration
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 inthe FAA Nationwide Buy American Waivers Issued list.
A bidder or offeror must complete and submit the Buy America certification included
herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer
that does not include a completed Certificate of Buy American Compliance.
XXIV.General Civil Rights Provisions.
The Contractor agrees to comply with pertinent statutes, Executive Orders and suchrules as are promulgated to ensure that no person shall, on the grounds of race, creed,
Attachment A
color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period
through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
XXV.Civil Rights – Title VI Clauses for Compliance with Nondiscrimination Requirements.
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:
1.Compliance with Regulations: The Contractor (hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts andAuthorities, as they may be amended from time to time, which are hereinincorporated by reference and made a part of this contract.
2.Nondiscrimination: 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 inthe selection and retention of subcontractors, including procurements of materialsand leases of equipment. The Contractor will not participate directly or indirectlyin 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.
3.Solicitations for Subcontracts, including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding or negotiation made by theContractor 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 theNondiscrimination Acts and Authorities on the grounds of race, color, or nationalorigin.
4.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 itsfacilities as may be determined by the sponsor or the Federal AviationAdministration to be pertinent to ascertain compliance with such NondiscriminationActs 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 AviationAdministration, as appropriate, and will set forth what efforts it has made to obtainthe information.
5.Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with
the non-discrimination provisions of this contract, the sponsor will impose such
Attachment A
contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a.Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The Contractor will include the provisions ofparagraphs one through six 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 toany subcontract or procurement as the sponsor or the Federal AviationAdministration may direct as a means of enforcing such provisions includingsanctions 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 sponsor to enter into any litigation toprotect the interests of the sponsor. In addition, the Contractor may request theUnited States to enter into the litigation to protect the interests of the United States.
XXVII.Title VI List of Pertinent Nondiscrimination and Authorities.
During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
•Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
•49 CFR part 21 (Non-discrimination in Federally-assisted programs of theDepartment of Transportation—Effectuation of Title VI of the Civil Rights Act of1964);
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whoseproperty has been acquired because of Federal or Federal-aid programs andprojects);
•Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended(prohibits discrimination on the basis of disability); and 49 CFR part 27;
•The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)
(prohibits discrimination on the basis of age);
•Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), asamended (prohibits discrimination based on race, creed, color, national origin, orsex);
•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 AgeDiscrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, byexpanding the definition of the terms “programs or activities” to include all of theprograms or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
Attachment A
•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 certaintesting entities (42 USC §§ 12131 – 12189) as implemented by U.S. Departmentof Transportation regulations at 49 CFR parts 37 and 38;
•The Federal Aviation Administration’s Nondiscrimination statute (49 USC §
47123) (prohibits discrimination on the basis of race, color, national origin, andsex);
•Executive Order 12898, Federal Actions to Address Environmental Justice inMinority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health orenvironmental effects on minority and low-income populations;
•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 ensurecompliance with Title VI, you must take reasonable steps to ensure that LEPpersons have meaningful access to your programs (70 Fed. Reg. at 74087 to74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits youfrom discriminating because of sex in education programs or activities (20 USC1681 et seq).
XXVIII.Clean Air/Water Pollution Control.
Contractor agrees to comply with all applicable standards, orders, and regulationsissued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal WaterPollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees toreport any violation to the Owner immediately upon discovery. The Owner assumesresponsibility for notifying the Environmental Protection Agency (EPA) and the
Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
XXIX.Contract Work Hours and Safety Standards Act Requirements.
1. 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
Attachment A
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.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause,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 (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own actionor 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 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 (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) 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 (1) through (4) of this clause.
XXX.Copeland “Anti-Kickback” Act.
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act
(18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by anymeans, any person employed on the project to give up any part of the compensation towhich the employee is entitled. The Contractor and each Subcontractor must submit
to the Owner, a weekly statement on the wages paid to each employee performing on
Attachment A
covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.
XXXI.Davis-Bacon Requirements.
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work willbe paid unconditionally and not less often than once a week, and withoutsubsequent 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 wagedetermination of the Secretary of Labor which is attached hereto and made a parthereof, 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
incurred 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 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 prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer 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
Attachment A
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bearsa reasonable relationship to the wage rates contained in the wage
determination.
(B) If the Contractor and the laborers and mechanics to be employed in theclassification (if known), or their representatives, and the contracting officer agreeon the classification and wage rate (including the amount designated for fringebenefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington,DC 20210. The Administrator, or an authorized representative, will approve,modify, or disapprove every additional classification action within 30 days ofreceipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in theclassification, or their representatives, and the contracting officer do not agree onthe proposed classification and wage rate (including the amount designated forfringe 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 for determination. The Administrator, oran authorized representative, will issue a determination within 30 days of receiptand so advise the contracting officer or will notify the contracting officer within the30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to allworkers performing work in the classification under this contract from the first dayon 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 benefit as stated in the wage determinationor shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, theContractor 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 writtenrequest of the Contractor, that the applicable standards of the Davis-Bacon Act have
Attachment A
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.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action orupon 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
laborer 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.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractorduring the course of the work and preserved for a period of three years thereafterfor 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 ofcontributions or costs anticipated for bona fide fringe benefits or cash equivalentsthereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily andweekly 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 reasonablyanticipated in providing benefits under a plan or program described in section1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that showthat 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 that show thecosts anticipated or the actual costs incurred in providing such benefits. Contractorsemploying apprentices or trainees under approved programs shall maintain writtenevidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) 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
Attachment A
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 www.dol.gov/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).
(B) 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:
(1) The payroll for the payroll period contains the information required to beprovided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is beingmaintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and
complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weeklywages earned, without rebate, either directly or indirectly, and that no deductions
Attachment A
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;
(3) 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, asspecified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on thereverse 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.
(D) The falsification of any of the above certifications may subject the Contractoror subcontractor to civil or criminal prosecution under Section 1001 of Title 18 andSection 231 of Title 31 of the United States Code.
(iii) 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 interviewemployees during working hours on the job. If the Contractor or subcontractor failsto 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 recordsupon request or to make such records available may be grounds for debarmentaction pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than thepredetermined rate for the work they performed when they are employed pursuantto and individually registered in a bona fide apprenticeship program registered withthe 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 probationaryemployment as an apprentice in such an apprenticeship program, who is notindividually registered in the program, but who has been certified by the Bureau ofApprenticeship 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 begreater than the ratio permitted to the contractor as to the entire work force underthe 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 jobsite in excess of the ratio permitted under the registered program shall be paid notless than the applicable wage rate on the wage determination for the work actuallyperformed. 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
Attachment A
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.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted towork at less than the predetermined rate for the work performed unless they areemployed 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 onthe job site shall not be greater than permitted under the plan approved by theEmployment and Training Administration. Every trainee must be paid at not lessthan the rate specified in the approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with theprovisions of the trainee program. If the trainee program does not mention fringebenefits, trainees shall be paid the full amount of fringe benefits listed on the wagedetermination 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 that provides for less than fullfringe benefits for apprentices. Any employee listed on the payroll at a trainee ratethat is not registered and participating in a training plan approved by theEmployment 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 ofthe ratio permitted under the registered program shall be paid not less than theapplicable 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 anacceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, andjourneymen under this part shall be in conformity with the equal employment
Attachment A
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which areincorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the
Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the 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.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may begrounds for termination of the contract, and for debarment as a contractor and asubcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he orshe) nor any person or firm who has an interest in the Contractor’s firm is a person
Attachment A
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).
(ii) 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-BaconAct or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. CriminalCode, 18 USC 1001.
XXXII.Debarment and Suspension.
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies thatneither it nor its principals are presently debarred or suspended by any Federaldepartment or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, 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 successful bidder 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 Certification of Offerer
/Bidder Regarding Debarment, above.
3.Inserting a clause or condition in the covered transaction with the lower tiercontract.
If the Federal Aviation Administration later determines that a lower tier
participant failed to disclose to a higher tier participant that it was excluded or
disqualified at the time it entered the covered transaction, the FAA may pursueany available remedies, including suspension and debarment of the non-compliant participant
XXXIII.Disadvantages Business Enterprise.
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 carryout applicable requirements of 49 CFR part 26 in the award and administration ofDepartment of Transportation-assisted contracts. Failure by the Contractor to carry out
these requirements is a material breach of this contract, which may result in the
Attachment A
termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2)Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
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 90
days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 90 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 Owner. This clause applies to both DBE
and non-DBE subcontractors.
XXXIV. Distracted Driving – Texting While Driving.
In accordance with Executive Order 13513, “Federal Leadership on Reducing TextMessaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging
While Driving”, (12/30/2009), the Federal Aviation Administration encourages
recipients of Federal grant funds to adopt and enforce safety policies that decreasecrashes by distracted drivers, including policies to ban text messaging while drivingwhen performing work related to a grant or subgrant.
In support of this initiative, the Owner 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 motorvehicles while performing work activities associated with the project. The Contractormust include the substance of this clause in all sub-tier contracts exceeding $3,500 thatinvolve driving a motor vehicle in performance of work activities associated with the
project.
XXXV.Energy Conservation Requirements.
Contractor and Subcontractor agree to comply with mandatory standards and policiesrelating to energy efficiency as contained in the state energy conservation plan issuedin compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).
XXXVI. Equal Opportunity Clause.
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, or national origin. The Contractorwill 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 actionshall include, but not be limited to, the following: employment, upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff, or
Attachment A
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 byor on behalf of the Contractor, state that all qualified applicants will receiveconsiderations 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 withwhich it has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers’ representatives ofthe 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 ofSeptember 24, 1965, and of the rules, regulations, and relevant orders of theSecretary 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, andaccounts by the administering agency and the Secretary of Labor for purposes ofinvestigation 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 Contractormay be declared ineligible for further Government contracts or federally assistedconstruction contracts in accordance with procedures authorized in ExecutiveOrder 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
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw.
(7) The Contractor will include the portion of the sentence immediately precedingparagraph (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 September24, 1965, so that such provisions will be binding upon each subcontractor orvendor. The Contractor will take such action with respect to any subcontract orpurchase 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 asubcontractor or vendor as a result of such direction by the administering agency
Attachment A
the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
XXXVII.Standard Federal Equal Employment Opportunity Construction Contract
Specifications.
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation fromwhich this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs
(OFCCP), U.S. Department of Labor, or any person to whom the Directordelegates authority;
c. “Employer identification number” means the Federal social security number usedon the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department
Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups notof Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the originalpeoples of the Far East, Southeast Asia, the Indian Subcontinent, or the PacificIslands); and
(4) 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 communityidentification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion ofthe 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 andwhich is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a HometownPlan 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 thatPlan for those trades which have unions participating in the Plan. Contractors shallbe able to demonstrate their participation in and compliance with the provisions ofany 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 eachtrade in which it has employees. The overall good faith performance by othercontractors or subcontractors toward a goal in an approved Plan does not excuse any
Attachment A
covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in thesolicitation from which this contract resulted are expressed as percentages of thetotal hours of employment and training of minority and female utilization theContractor 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 orfederally assisted construction contract shall apply the minority and female goalsestablished for the geographical area where the work is being performed. Goals arepublished 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 makesubstantially uniform progress in meeting its goals in each craft during the periodspecified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a
union with whom the Contractor has a collective bargaining agreement to refer either
minorities or women shall excuse the Contractor’s obligations under thesespecifications, Executive Order 11246, or the regulations promulgated pursuantthereto.
6. 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 acommitment to employ the apprentices and trainees at the completion of theirtraining, subject to the availability of employment opportunities. Trainees shall betrained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor’s compliance with thesespecifications shall be based upon its effort to achieve maximum results from itsactions. The Contractor shall document these efforts fully and shall implementaffirmative action steps at least as extensive as the following:
a. 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 areassigned to work. The Contractor, where possible, will assign two or more womento each construction project. The Contractor shall specifically ensure that allforemen, 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 suchfacilities.
b. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to
Attachment A
community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
c. 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 aunion, a recruitment source, or community organization and of what action wastaken with respect to each such individual. If such individual was sent to the unionhiring 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 havetaken.
d. Provide immediate written notification to the Director when the union or unions withwhich the Contractor has a collective bargaining agreement 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 theContractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs forthe 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 theDepartment of Labor. The Contractor shall provide notice of these programs to thesources compiled under 7b above.
f. 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 collectivebargaining agreement; by publicizing it in the company newspaper, annual report,etc.; by specific review of the policy with all management personnel and with allminority 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.
g. Review, at least annually, the company’s EEO policy and affirmative actionobligations under these specifications with all employees having any responsibilityfor hiring, assignment, layoff, termination, or other employment decisions, including
specific review of these items, with onsite supervisory personnel such
superintendents, general foremen, etc., prior to the initiation of construction work atany job site. A written record shall be made and maintained identifying the time andplace of these meetings, persons attending, subject matter discussed, and dispositionof the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any
advertising in the news media, specifically including minority and female newsmedia, and providing written notification to and discussing the Contractor’s EEO
Attachment A
policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minority and female students; and tominority and female recruitment and training organizations serving the Contractor’srecruitment area and employment needs. Not later than one month prior to the datefor 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 beused in the selection process.
j. Encourage present minority and female employees to recruit other minority personsand 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.
k. Validate all tests and other selection requirements where there is an obligation to doso under 41 CFR part 60-3.
l. 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.
m. Ensure that seniority practices, job classifications, work assignments, and otherpersonnel practices do not have a discriminatory effect by continually monitoringall personnel and employment related activities to ensure that the EEO policy and
the Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except thatseparate or single user toilet and necessary changing facilities shall be provided toassure privacy between the sexes.
o. 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 businessassociations.
p.Conduct a review, at least annually, of all supervisor’s adherence to and performanceunder the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in
fulfilling one or more of their affirmative action obligations (7a through 7p). Theefforts of a contractor association, joint contractor union, contractor community, orother similar groups of which the Contractor is a member and participant may beasserted as fulfilling any one or more of its obligations under 7a through 7p 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 ofminorities and women in the industry, ensures that the concrete benefits of theprogram are reflected in the Contractor’s minority and female workforceparticipation, makes a good faith effort to meet its individual goals and timetables,
and can provide access to documentation which demonstrates the effectiveness of
Attachment A
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.
9. A single goal for minorities and a separate single goal for women have beenestablished. The Contractor, however, is required to provide equal employmentopportunity and to take affirmative action for all minority groups, both male andfemale, 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 Contractormay be in violation of the Executive Order if a specific minority group of women isunderutilized.
10.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.
11. The Contractor shall not enter into any subcontract with any person or firmdebarred from Government contracts pursuant to Executive Order 11246.
12. 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 orderedpursuant to Executive Order 11246, as amended, and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any contractor who failsto carry out such sanctions and penalties shall be in violation of these specifications
and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shallimplement specific affirmative action steps, at least as extensive as those standardsprescribed in paragraph 7 of these specifications, so as to achieve maximum resultsfrom 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 part60-4.8.
14. The Contractor shall designate a responsible official to monitor all employmentrelated activity to ensure that the company EEO policy is being carried out, to submit
reports 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, employeeidentification 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 andretrievable form; however, to the degree that existing records satisfy thisrequirement, contractors shall not be required to maintain separate records.
15. 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
Attachment A
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).
XXXVIII.Federal Fair Labor Standards Act.
All contracts and subcontracts that result from this solicitation 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 statute 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.
XXXIX. Drug Free Workplace.
Contractor understands that Owner operates under a Drug Free Workplace policy andin compliance with Drug Free requirements as provided by the FAA. Contractor isexpected to observe and respect any policies regarding drug and/or alcohol use while
performing under this Agreement.
XL.Trade Restriction Certification.
By submission of an offer, the Offeror certifies that with respect to this solicitation andany resultant contract, the Offeror –
1)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 theOffice of the United States Trade Representative (USTR);
2)has not knowingly entered into any contract or subcontract for this project with aperson that is a citizen or national of a foreign country included on the list ofcountries that discriminate against U.S. firms as published by the USTR; and
3)has not entered into any subcontract for any product to be used on the Federalproject that is produced in a foreign country included on the list of countries thatdiscriminate against U.S. firms published by the USTR.
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 USC 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
Attachment A
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 foreigncountry included on the list of countries that discriminate against U.S. firms
published by the USTR or
2)whose subcontractors are owned or controlled by one or more citizens or nationalsof a foreign country on such USTR list or
3)who incorporates in the public works project any product of a foreign country onsuch USTR 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.
The Offeror agrees that, if awarded a contract resulting from this solicitation, 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 USTR, unless the Offeror 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 (FAA) may direct through the Owner cancellation of the contract or subcontract for
default at no cost to the Owner or the FAA.
XLI.Lobbying and Influencing Federal Employees.
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to thebest of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Bidder or Offeror, to any person for influencing or attempting to influence anofficer or employee of an agency, a Member of Congress, an officer or employeeof Congress, or an employee of a Member of Congress in connection with theawarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
Attachment A
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2)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 ofany agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with this Federal contract, grant,loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instructions.
(3)The undersigned shall require that the language of this certification be included inthe award documents for all sub-awards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that
all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
XLII.Occupational Safety and Health Act.
All contracts and subcontracts that result from this solicitation incorporate by referencethe requirements of 29 CFR Part 1910 with the same force and effect as if given in full
text. The employer must provide a work environment that is free from recognized
hazards that may cause death or serious physical harm to the employee. The employerretains full responsibility to monitor its compliance and their subcontractor’scompliance with the applicable requirements of the Occupational Safety and HealthAct of 1970 (20 CFR Part 1910). The employer 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.
XLIII.Prohibition of Segregated Facilities.
(a) The Contractor agrees that it does not and will not maintain or provide for itsemployees 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 abreach of this clause is a violation of the Equal Employment Opportunity clause inthis 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 foremployees that are segregated by explicit directive or are in fact segregated on thebasis 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
Attachment A
rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order
that is subject to the Equal Employment Opportunity clause of this contract.
XLIV.Procurement of Recovered Materials.
Contractor and subcontractor agree to comply with Section 6002 of the Solid WasteDisposal 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 containingthe highest percentage of recovered materials for items designated by theEnvironmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during
the fiscal year; or
2)The contractor has procured $10,000 or more of a designated item using Federalfunding during the previous fiscal year.
The list of EPA-designated items is available atwww.epa.gov/smm/comprehensive-procurement-guidelines-construction-
products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a)Not reasonably available within a timeframe providing for compliance with thecontract performance schedule;
b)Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
XLV.Rights to Inventions.
Contracts or agreements that include the performance of experimental, developmental,or research work must provide for the rights of the Federal Government and the Owner
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 Agreements. This contract incorporates by reference thepatent and inventions rights as specified within 37 CFR §401.14. Contractor mustinclude this requirement in all sub-tier contracts involving experimental,
developmental, or research work.
XLVI.Seismic Safety (Limited).
In the performance of design services, the Consultant agrees to furnish a buildingdesign and associated construction specification that conform to a building codestandard that provides a level of seismic safety substantially equivalent to standards as
established by the National Earthquake Hazards Reduction Program (NEHRP). Local
building codes that model their building code after the current version of theInternational Building Code (IBC) meet the NEHRP equivalency level for seismic
Attachment A
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.
Qualifying Construction Contracts
The Contractor agrees to ensure that all work performed under this 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.
XLVII.Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Conviction.
The applicant must complete the following two certification statements. The applicantmust indicate its current status as it relates to tax delinquency and felony conviction byinserting a checkmark () in the space following the applicable response. The applicantagrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification in all lower tier subcontracts.
Certifications
1)The applicant represents that it () is () is not a corporation that has any unpaidFederal tax liability that has been assessed, for which all judicial and administrativeremedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the
tax liability.
2)The applicant represents that it () is () is not a corporation that was convictedof a criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the
applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the
owner about its tax liability or conviction to the Owner, who will then notify the FAA
Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding
twenty four (24) months of a felony criminal violation under any Federal law and
includes conviction of an offense defined in a section of the U.S. code that
Attachment A
specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
XLVIII.Termination for Convenience.
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT
CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providingwritten notice to the Contractor. Such action may be without cause and withoutprejudice to any other right or remedy of Owner. Upon receipt of a written notice of
termination, except as explicitly directed by the Owner, the Contractor shall
Attachment A
immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1.Contractor must immediately discontinue work as specified in the written notice.
2.Terminate all subcontracts to the extent they relate to the work terminated underthe notice.
3.Discontinue orders for materials and services except as directed by the writtennotice.
4.Deliver to the Owner all fabricated and partially fabricated parts, completed and
partially completed work, supplies, equipment and materials acquired prior totermination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6.Take action as directed by the Owner to protect and preserve property and work
related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1.completed and acceptable work executed in accordance with the contractdocuments prior to the effective date of termination;
2.documented expenses sustained prior to the effective date of termination in
performing work and furnishing labor, materials, or equipment as required by the
contract documents in connection with uncompleted work;
3.reasonable and substantiated claims, costs, and damages incurred in settlement ofterminated contracts with Subcontractors and Suppliers; and
4.reasonable and substantiated expenses to the Contractor directly attributable to
Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data,
surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for
satisfactory work completed up through the date the Consultant receives the
Attachment A
termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
A25.3.2 Termination for Default
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights,
and remedies associated with Owner termination of this contract due to default of the
Contractor.
TERMINATION FOR DEFAULT (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor:
1.Fails to commence the Work under the Contract within the time specified in the
Notice- to-Proceed;
2.Fails to make adequate progress as to endanger performance of this Contract inaccordance with its terms;
3.Fails to make delivery of the equipment within the time specified in the Contract,
including any Owner approved extensions;
4.Fails to comply with material provisions of the Contract;
5.Submits certifications made under the Contract and as part of their proposal thatinclude false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the
Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the
breach or default to the satisfaction of the Owner, the Owner has authority to acquire
equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the
Contractor for such completed equipment, such sum as the Owner determines to be
necessary to protect the Owner against loss because of Contractor default.
Owner will not terminate the Contractor’s right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such
acceptable causes include: acts of God, acts of the Owner, acts of another Contractor
Attachment A
in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor’s right to proceed, the Owner determines that the
Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights
and remedies provided by law or under this contract.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching
party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other
rights and remedies provided by law or under this agreement.
a)Termination by Owner: The Owner may terminate this Agreement in whole or inpart, for the failure of the Consultant to:
1.Perform the services within the time specified in this contract or by Ownerapproved extension;
2.Make adequate progress so as to endanger satisfactory performance of the
Project; or
3.Fulfill the obligations of the Agreement that are essential to the completion ofthe Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue
all services affected unless the notice directs otherwise. Upon termination of the
Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for
satisfactory work completed up through the date the Consultant receives the
Attachment A
termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
b)Termination by Consultant: The Consultant may terminate this Agreement in whole
or in part, if the Owner:
1.Defaults on its obligations under this Agreement;
2.Fails to make payment to the Consultant in accordance with the terms of thisAgreement;
3.Suspends the Project for more than [180] days due to reasons beyond the control
of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the
termination settlement, the Consultant may, without prejudice to any rights and
remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in
accordance with this Agreement and all justified reimbursable expenses incurred by the
Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
XLIX.Veteran’s Preference.
In the employment of labor (excluding executive, administrative, and supervisory
positions), the Contractor and all sub-tier contractors must give preference to coveredveterans as defined within Title 49 United States Code Section 47112. Coveredveterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq warveterans, disabled veterans, and small business concerns (as defined by 15 USC 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 theemployment relates.
Attachment A
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above.
CONTRACTOR LEGAL ENTITY
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date
ATTORNEY APPROVAL:
________________________________________________
!#COUNTY ATTORNEY#! Date
Attachment A
TASK ORDER
Task Order/Project Name: Enter Project Name Task Order Number: Letter - Number - Amendment (if applicable) Task Order Budget Line Item: xxx.xx.00000.82xxx
OWNER: CONTRACTOR: Pitkin County Vendor Legal Entity County Representative Vendor Contact Name Street Address, Including Suite Vendor Street Address, Including Suite Aspen, CO 81611 City, ST ZIP
Phone: (970) 920- Phone: ( ) - first.last@PitkinCounty.com first.last@domain.com PROJECT NAME: ENTER PROJECT NAME
START DATE: Click or tap to enter a date.
END DATE: Click or tap to enter a date.
The Title of Master Service Agreement (the “Agreement”) dated Agreement Start Date between the Board
of County Commissioners of Pitkin County (the “County”) and Vendor Legal Entity Vendor Street Address, Including Suite City, ST ZIP (the “Contractor”), shall include the following services. 1. Contractor’s Obligations. Contractor shall
2. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 1 of this Task Order. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of spell out number of dollars dollars and
spell out number of cents cents ($0.00) for all services rendered. By Task Order or Task Order
Amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason.
Any invoices not sent in the following manner may have payment delayed. All invoices for this Task Order shall reference Task Order Letter - Number - Amendment (if applicable) and Enter Project Name. Invoices shall be sent electronically in PDF format to Email address for invoices.
3. Pitkin County’s Obligations. Pitkin County shall administer this contract through a County
Representative. County Representative, Title will manage the project as the County’s Representative.
Attachment A
The services provided and products delivered by the Contractor under this contract will be subject to
review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. 4. Formation of Task Order. This Task Order is issued in accordance with the provisions of the
Agreement. Contractor agrees to provide services subject to the terms of this Task Order and for the
avoidance of doubt this Task Order consists of the terms set out in the Agreement. In all other respects the Agreement is in full force and effect and remains unchanged by this Task Order.
VENDOR LEGAL ENTITY ________________________________________________
!#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
________________________________________________ !#DEPARTMENT REPRESENTATIVE#!Date
DIRECTOR APPROVAL:
________________________________________________ !#SECTION LEADER#! Date
COUNTY MANAGER:
________________________________________________
!#COUNTY MANAGER#! Date
Attachment A
RFP 102.25 Cost Worksheet
Unit:Rate:
Hour -$
Hour -$
Day -$
Hour -$
Per Event -$
Hour
Hour -$
Mark-up %
Mark-up %
Unit:Rate:
Submitted by (Company Name):
Representative (Name and Title):
Rep. Email:
Rep. Phone:
Description:
Labor: Journeyman
Labor: Master
Per Diem
Travel (all levels)
Material Costs: Material invoices are to be included with billing statements.
*Above rates reflect standard 7:00 AM - 5:00 PM rates. OT, holiday, or after-hour rates may not exceed time-and-one-half of above rates for any work
performed
Materials for Repair and/or Replacement GREATER than $500
Insert any additional Reimbursable Items and Rates Necessary Below:
Description:
Administrative: Logs, Reporting, Monitoring
Materials for Repair and/or Replacement LESS than $500
Emergency
Response time for emergency service calls
Attachment A
PROPOSAL FORM
Proposal Time: 2:00 PM MT
Proposal Date: September 15, 2025
From: Pinnacle Electric Limited
Chance Larson, Owner/Master Electrician
P.O. Box 1766, Carbondale, CO 81623
Phone: 970-710-0772
E-mail Address: chance@evsolutions.energy
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS ℅
Procurement
530 E Main Street, Suite #304
Aspen, CO 81611
For: RFP 102.25: General On-Call Electrical Services for ASE and Pitkin County
Facilities
Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer
having examined this Request for Proposals (RFP), including familiarization of the site
and/or the conditions of the proposed Service environment, including the availability of
materials and labor hereby proposes to furnish all labor, materials, supplies, applicable
permits, services, and supervision required to provide a completed product as detailed in
this RFP and adjoining documentation for the sum of:
•$_ Please use the attached 102.25 Cost Worksheet (Attachment C) SEE ATTACHED
BELOW
Attachment B
a. Pinnacle Electric Limited
Johanna Geary
P.O. Box 1766
Carbondale, CO 81623
johanna@evsolutions.energy
970-930-5588
b. Statement and Detailed Approach to Service:
Pinnacle Electric Limited will provide general on-call electrical services for ASE and
Pitkin County facilities from acceptance of proposal until agreed-upon end date, as decided
between ASE and Pitkin County and Pinnacle Electric upon acceptance of this proposal.
Pinnacle Electric will complete task orders as requested and provide expert electrical
services on an as-needed basis. This may range from consulting to specific projects, as
well as maintenance and general electrical needs. Timeframe of work will be determined
based on project needs and availability of resources. Critical emergency calls will be
dispatched within four hours.
We strive for excellence on every project, and will complete them with a high sense of
urgency. Integrity, accuracy, and professionalism are at the core of our values. We pride
ourselves on being highly reliable and versatile, no matter the job.
Pinnacle Electric will maintain familiarization with the applicable sites, maintain
appropriate insurance coverage, hire subcontractors as needed for applicable work, and
adhere to guidelines set forth in the Master Service Agreement. Subcontractors will be
hired on an as-needed basis, and their names and qualifications can be provided upon
request.
We will send an invoice for each task order via email once tasks are completed, per the
rates outlined in RFP 102.25 Cost Worksheet.
c. Qualifications of Proposer:
Chance Larson holds a Colorado Master Electrician license, #ME.0601366, and an
Electrical Contractor’s license, Electrical Contractor #EC.0101526. Chance hails from
Northern Minnesota, where he performed heavy industrial and commercial work as well as
residential. He holds a degree in electrical construction and maintenance.
Pinnacle Electric is able to obtain and execute permits anywhere within Pitkin County and
beyond. Pinnacle Electric has a proven track record around the state of Colorado, having
worked with numerous towns and municipalities on a variety of electrical projects. We
have an AC/DC certification as partners with ChargePoint, performing EV service work all
over the state.
Pinnacle Electric currently has badging to access ASE.
Attachment B
d. Please insert names, address, phone numbers and description of similar Service for
Reference Checks. SEE ATTACHED DOCUMENT FOR PROJECT
DETAILS/DESCRIPTION OF SIMILAR SERVICES
1. City of Aspen, Pinnacle currently has a service agreement with COA and have done
numerous projects with them, ranging from installing new services and equipment to
maintenance.
Contact: Tim Karfs, phone 970-379-7389, email tim.karfs@aaspen.gov
427 Rio Grande Place
Aspen, CO 81611
2. Town of Carbondale, Pinnacle currently has a service agreement with TOC. Have done
numerous projects with them, ranging from installing new services and equipment to
maintenance.
Contact: Kevin Schorzman, phone 970-618-2545, email kschorzman@carbondaleco.net
511 Colorado Avenue
Carbondale, CO 81623
3. Town of Vail, Wired bus depot for DCFC infrastructure
Contacts: Jeff Darnall, phone 970-376-0258, email jdarnall@vailgov.com
Cameron Millard, phone 970-412-3981, email CMillard@vail.gov
75 South Frontage Road
Vail, CO 81657
e. It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10)
days from specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Proposal.
Dated this day of September 12th, 2025
PROPOSER:
Chance L. Larson
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposal Form
should be signed by an officer, i.e. President or vice-president. The signature of the
officer signing shall be attested to by the secretary and properly sealed. If the proposal is
being submitted by an individual or a partnership, the proposal shall so indicate and be
properly signed.
Attachment B
RFP 102.25 Cost Worksheet
Description: Unit: Rate:
Labor: Journeyman Hour $ 135
Labor: Master Hour $200
Per Diem Day $ 120
Travel (all levels) Hour $ 100
Emergency Per Event $ 500
Response time for emergency service calls Hour 4
Administrative: Logs, Reporting, Monitoring Hour $ 135
*Above rates reflect standard 7:00 AM - 5:00 PM rates. OT, holiday, or after-hour rates may not exceed time-and-one-half of above rates for any
work performed
Material Costs: Material invoices are to be included with billing statements.
Materials for Repair and/or Replacement LESS than $500 Mark-up % 1.35
Materials for Repair and/or Replacement GREATER than $500 Mark-up % 1.25
Insert any additional Reimbursable Items and Rates Necessary Below:
Description:
Unit: Rate:
Data logging Fluke: 1736 with review consulting 7 days $2,000
Consulting 1 hour $250
Submitted by (Company Name): Pinnacle Electric
Representative (Name and Title): Chance Larson, President
Rep. Email: chance@evsolutions.energy
Rep. Phone: 970-710-0772
Attachment B
Attachment B
Completed projects:
a. Town Of Vail: Installed comprehensive electrical infrastructure to supply
600,000 watts DCFC for electric bus charging, including 3 power blocks
and 6 power links. Contact is Jeff Darnall with the Town of Vail.
b. City Of Aspen: Completed multiple projects for the city. Most recently we
completed a level 2 project at Koch park. There were 2x CT4021 EVSE
installed and a dedicated EV service. We have also installed other level 2
equipment and multiple DCFC in the city. We also are working on future
projects with them. Contact is Tim Karfs with the Town of Aspen.
c. Pitkin County: Pinnacle has completed multiple projects with them. Most
recently we have installed 4 x CPF50 at the public works building. We have
worked with Holy Cross to install a 1600amp and a 2000amp 3 phase
480/277v outdoor service panel boards for EV infrastructure. Contact Matt
Bergstresser of Pitkin County.
d. Viceroy Hotel Snowmass: Install 4 level 2 EVSE plugs as well as 150 KVA
480-240 step down transformer. This project involved less work overall.
However the arrangement of 150KVA transformer and 450 available amps
is the same.
e. Town of Carbondale: Install their first DCFC which was a ChargePoint
CPE250 and a service. Working on multiple other projects and have
installed other level 2 EVSE for them. Contact Kevin Schorzman T.O.C..
f. Vail Resorts: Install new 400 amp EVSE service and 5 ChargePoint
CP4021. Working on more projects with them now. Contact Chris Burns
with Vail Resorts.
g. ChargePoint: We have completed over 1000 maintenance projects. These
projects have been completed all across the State of Colorado.
h. Town of Snowmass Village: Installed new 800 amp service, DCFC
infrastructure and level 2 infrastructure. Includes 480V 3 Phase service as
well as step down transformer. We consulted with the town, determined their
Attachment B
needs, designed the project, procured the equipment and parts, and executed
the project.
i. Eagle County: Recently contracted to be a consultant for Eagle County.
Provided guidance as well as civil drawings.
j. City of Durango: Executed level 2 charging projects at both the police
department and transit center, including installation of new 800amp 3 phase
subpanel and 480V step down transformer.
k. Colorado Parks and Wildlife: Completed multiple projects across the state.
Attachment B
Certificate Of Completion
Envelope Id: 8E6C1A9D-441D-4298-82A2-885BF13323E1 Status: Completed
Subject: Pinnacle Electric Limited| Pitkin County MSA 102 .25 for Review & Signature
Source Envelope:
Document Pages: 108 Signatures: 6 Envelope Originator:
Certificate Pages: 5 Initials: 1 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 76.154.154.213
Record Tracking
Status: Original
9/29/2025 2:56:45 PM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Connie Baker
connie.baker@pitkincounty.com
Budget Director
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 9/29/2025 3:04:51 PM
Resent: 10/1/2025 11:34:27 AM
Viewed: 10/1/2025 12:26:28 PM
Signed: 10/1/2025 12:26:42 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jeff Pendarvis
jeff.pendarvis@pitkincounty.com
Facilities Operations Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 10/1/2025 12:26:44 PM
Viewed: 10/1/2025 12:51:00 PM
Signed: 10/1/2025 12:51:34 PM
Electronic Record and Signature Disclosure:
Accepted: 10/1/2025 12:51:00 PM
ID: 6c7e8d10-dfa8-48eb-bf99-593bc0406c65
Company Name: Pitkin County, Colorado
Ryan Mahoney
ryan.mahoney@pitkincounty.com
Deputy County Manager
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 10/1/2025 12:51:37 PM
Viewed: 10/2/2025 9:44:44 AM
Signed: 10/2/2025 9:45:08 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Richard Neiley
richard.neiley@pitkincounty.com
County Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 65.38.144.66
Sent: 10/2/2025 9:45:11 AM
Viewed: 10/2/2025 9:46:34 AM
Signed: 10/2/2025 9:46:58 AM
Electronic Record and Signature Disclosure:
Accepted: 10/2/2025 9:46:34 AM
ID: 525a61c4-bc2e-4d85-b3c5-60d06d289fb9
Company Name: Pitkin County, Colorado
Signer Events Signature Timestamp
Chance Larson
chance@evsolutions.energy
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 73.14.105.28
Signed using mobile
Sent: 10/2/2025 9:47:01 AM
Viewed: 10/2/2025 9:52:01 AM
Signed: 10/3/2025 6:49:23 AM
Electronic Record and Signature Disclosure:
Accepted: 10/2/2025 9:52:01 AM
ID: 4fc35343-5121-4a4e-a100-6632e208417a
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Ruslana Ivanova, Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 10/3/2025 6:49:25 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 10/3/2025 6:49:26 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/29/2025 3:04:51 PM
Envelope Updated Security Checked 9/29/2025 3:06:20 PM
Envelope Updated Security Checked 9/29/2025 3:06:20 PM
Envelope Updated Security Checked 9/29/2025 3:06:20 PM
Certified Delivered Security Checked 10/2/2025 9:52:01 AM
Signing Complete Security Checked 10/3/2025 6:49:23 AM
Completed Security Checked 10/3/2025 6:49:26 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Jeff Pendarvis, Richard Neiley, Chance Larson
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