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HomeMy WebLinkAboutbocc.res.101.2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OR PITKIN COUNTY, COLORADO APPROVING THE EXECUTION OF A CONTRACT WITH PHD CONTRACTORS REHABILITATION OF THE NORTH GENERAL AVIATION AIRCRAFT APRON AIRPORT IMPROVEMENT PROJECT NO. 3-08-0003-20 Resolution# Series of 2000 RECITALS 1. Pitkin County, a Colorado home-rule county, is the owner, sponsor and operator of the Aspen/Pitkin County Airport (Sardy Field), located in the vicinity of Aspen, Colorado, and has the authority to enter into contracts at the Airport, pursuant to, inter alia, 1973 C.R.S. 30-11-107 (1) (aa) et seq., Title IV of the Pitkin County Code, and Section 8.7 of the Pitkin County Home rule charter; and 2. The County wishes to contract for certain airport improvements, for the relocation and rehabilitation of the North General Aviation Aircraft Apron at the Aspen/Pitkin County Airport (Sardy Field); and 3. The County has conducted a competitive selection process, pursuant to Department of Transportation Federal Aviation Administration requirements and the Pitkin County Procurement Code, to select the lowest responsible Bidder with whom to enter into a Contract Agreement for the work to be accomplished; and 4. The County has opened bids for the relocation and rehabilitation of the North General Aviation Aircraft Apron at the Aspen/Pitkin County Airport (Sardy Field); and 5. That the Airport's Engineer, Isbill Division, Ratheon Infrastructure, Inc., has reviewed the submitted bids and recommended the award of bid to PHD Contractors of Castle Rock, Colorado, for the improvements listed in Bid Schedule 1 in the amount of$2,400,000; and 6. On the recommendation of staff, the BOCC finds that the approval of this contract is in the best interest of the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, THAT: Section 1 Approval and Adoption. That the Resolution approving the Contract between Pitkin County and PHD Contractors of Castle Rock, Colorado, attached as Exhibit A, and incorporated herein by this reference, is hereby adopted by the Board of County Commissioners. Section 2 Authority to Execute. That the Chair (or Vice-Chair) of the Board of County Commissioners is hereby authorized and directed to execute, on behalf of the County, this Resolution and the subject documents to accomplish the transactions that have been approved as to form by the County Manager and County Attorney. Section 3 Copies for Public Inspection. A true copy of the Resolution approving the Contract Agreement(Exhibit "A") shall be kept available for public inspection during normal business hours in the office of the Pitkin County Clerk and Recorder, Pitkin County Courthouse, 530 E. Main, Aspen, Colorado 81611, and the office of the Director of Aviation, 0233 E. Airport Road, Suite A, Aspen, Colorado 81611. Section 4 Public Meeting. That the Board of County Commissioners will consider this resolution at a public meeting to be held at 11:00 a.m., local time, or soon thereafter as the conduct of business will allow, on April 18, 2000, in the Plaza 1 meeting room, Courthouse Plaza Building 530 East Main, Suite 101, Aspen, Colorado, 530 East Main, Aspen, Colorado 81611. APPROVED AND ADOPTED ON THE 18TH DAY OF APRIL 2000. sy � BOARD OF COUNTY COMMISSIONERS ATTE OF PITKIN COUNTY, COLORADO t 1 1/ By: �'1irr Jeanette Jd es, Deputy Clerk Shellie Roy Harper, airperson -.. 6 •Go Date Date APPROVED AS TO FORM: MANAGER APPROVAL: John Ely, County Attorney �! �d/� St han, County Manager RECOMMENDED FOR APPROVAL: Cf' ,- Peter Van Pelt, Director of Aviation Tom Oken, Director of Administrative Services Raytheon Raytheon Infrastructure,Inc. Raytheon Engineers &Constructors Suite 100 5555 Greenwood Plaza Blvd. Englewood,CO 80111 March 17, 2000 Mailing Address (Updated April 5, 2000) P.O.Box 5888 Denver,CO 80217 303.843.2200 303.843.2700 fax ASE-2208.72205.902 Mr. Peter Van Pelt Aviation Director Aspen-Pitkin County Airport 0233 Airport Road, East Concourse, Suite A Aspen, Colorado 81611 Subject: Aspen-Pitkin County Airport Aspen, Colorado AIP Project No. 3-08-0003-20 Schedule I -Relocation and Rehabilitation of North General Aviation Apron Letter of Recommendation Dear Mr. Van Pelt: Bid proposals for the above referenced project were received and opened on March 14, 2000, at the Airport Administrative Office. Three contractors submitted bids for the one schedule of work. The bids were tabulated for mathematical correctness and are summarized in the following table. Bidder Total Construction Costs PHD Contractors, Inc $2,400,000.00 Elam Construction, Inc. $2,845,676.00 Kiewit Western Co. $2,963,325.00 Engineer's Estimate $ 2,727,270.00 PHD Contractors, Inc. is the lowest bidder for the work. Their bid is $327,270.00 or approximately 12.0 percent below the engineer's estimate. The three bids, including the PHD Contractors, Inc. bid, did not have any errors. We also reviewed the bid proposals for compliance with the"Instructions to Bidders". PHD Contractors, Inc. submitted the required forms, including the EEO Statements,Debarment Certification, Certification of Non-Segregated Facilities, Buy American Verification, Statement of Qualifications, Proposed Equipment List, Pre-qualification Letter from the Colorado Department of Transportation, and Proposal Guaranty. We have reviewed the contractor's qualifications and consider this firm capable of completing the proposed work. PHD Contractors, Inc. submitted the required Disadvantaged Business Utilization Commitment with their proposal indicating 7.9% participation and the project goal was 7.9 %. PHD Contractors, Inc. is currently a certified DBE Firm and registered with the Small Business Administration. Their approval letter from SBA shows their participation in the 8(a) Program through September 25, 2003 (copy attached,) Mr. Peter Van Pelt March 17, 2000 (Updated April 5, 2000) Page 2 We have prepared an updated summary of estimated overall costs for this project(copy attached). The available FAA funds and allocated Passenger Facility Charges and local funds are approximately $410,000 less than the total of administrative, engineering and construction costs for Schedule I. The project shortfall needs to be considered and decisions made to allow construction for the entire work as designed. As you are aware, the items which increased the project costs include the deeper pavement structure to accommodate a potential heavier aircraft loading in the future; and grading of the runway safety area and apron expansion area to the north under this project. We have interviewed the low bidder on three occasions since opening of the bids. Even though several bid items were in question, the bidder is confident of their bidding approach and were able to explain the areas in question; including mobilization, clearing and grubbing, trench drains, concrete work, electrical items, and sanitary sewer cost elements. Based on the information provided by the contractor, we recommend the Pitkin County Board of County Commissioners award the planned improvements for Schedule I to PHD Contractors, Inc. of Castle Rock, Colorado in the amount of$2,400,000.00, subject to FAA concurrence and funding availability. It would appear that the contractor is available to begin work in late May or early June 2000, and hopefully we can support that cause with your help. A pre-construction meeting should be scheduled in late-May. This will be a demanding construction effort that will affect many entities, and utility companies. You should discuss potential pre- construction issues with your staff, the on-airport entities, and the appropriate utility companies, so that they can plan to be a part of the pre-construction meeting discussions. This project should be immediately discussed with utility companies in an effort to get schedule and cost issues resolved with them, as well as Airway Facilities personnel in the FAA. These items must progress without delay to assure an uninterrupted construction schedule and to avoid any resulting construction change orders. The following documents have been enclosed for your records: Planholders List Contractor's Original Proposals Tabulation of Bids If you need additional information, please feel free to contact us. Very truly yours, Isbill Division, Raytheon Infrastructure Inc. V/sS . Doak Enclosures cc: Mr. Brad Davis, FAA/ADO Ms. Christine Chambliss, FAA/CRO ASE-2208 Date: S�IDi OCR. NOTICE OF AWARD TO: PHD Contractors,Inc. 2 Oakwood Park Professional Center,Al00 Castle Rock, Colorado $0104 Pitkin County Board of Commissioners, having considered the Proposals submitted for iatprovements to Aspen-Pil kdn County Airport(Sandy Field),AIP Project No. 3-08-0003-20,and it appearing that your proposal of Two Million Four Hundred Thousand dollars($2,400,000.00)for Schedule I is fair, equitable and to,the best interest of Aspen,Colorado and having authorized the work to be performed,the said Proposal is hereby accepted at the bid prices contained therein. In accordance with,the,terms of the Contract Documents, you are.required to execute the formal Contract Agreement and famish the required Performance Bond and Payment Bond within 15 consecutive calendar days from and including the'date of this notice. The Proposal Guaranty submitted with your Proposal will be returned upon execution of the Contract Agreement and the furnishing of the Performance Bond and Payment Bond, in the event you should fail to execute the Contract Agreement and fturtish the Performance Bond and Payment Bond, within the time specified,said Proposal Guaranty will be forfeited to the Sponsor. This Award is subject to the concurrence from the Federal Aviation Administration: Pitkin County Board of Comnusisoners By uSA;OL V-1 ASE-2208 CONTRACT AGREEMENT ,'ROVED Rv SOCC FOR - �D0' IMPROVEMENTS TO ,L DDAor EN-PITKIN COUNTY AIRPORT(SARDY FIELD) ASPEN, COLORADO AIP PROJECT NO. 3-08-0003-20 THIS GREEMENT, made and entered into this �� day of _, by and between the Pitkin County Board of Commissioners, hereinafter refeffecUto as the "Sponsor"and PHD Contractors,Inc., Second Party, hereinafter referred to as the "Contractor." WITNESSETH: Article 1. STATEMENT OF THE WORK. The Contractor shall furnish all labor and materials and perform all work for improvements to Aspen-Pitkin County Airport(Sardy Field),under AIP Project No. 3-08-0003-20, in strict accordance with the Contract Documents, Plans, and Specifications dated February 10, 2000,prepared by Isbill Division, Raytheon Infrastructure Inc., for improvements to Aspen-Pitkin County Airport (Sardy Field). The Contractor shall complete this work within 100 working days from the effective date of the Notice to Proceed. Article 2. It is hereby further agreed, that, in consideration of the faithful performance of the work by the Contractor, the Sponsor shall pay the Contractor the compensation due him by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer in accordance with the provisions of this Contract. Article 3. It is hereby further agreed, that, in the completion of the work and its acceptance by the Sponsor all sums due the Contractor by reason of his faithful completion of the work, taking into consideration additions to or deductions from the contract price by reason of"Force Account"work authorized under this Contract in accordance with the provisions of this Contract, will be paid the Contractor by the Sponsor after said completion and acceptance. Final acceptance cannot be made by the Sponsor until any and all proper legal advertisements have been made. All payments shall be made in accordance with (Colorado Revised Statue 38-26-107) Article 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" as the same are listed and described in the General Provisions and Proposal of the Specifications, issued in connection with the improvements to Aspen-Pitkin County Airport (Sardy Field), under AIP Project No. 3-08-0003-20, and said"Contract Documents"are hereby made a part of this agreement as fully as if set out at length herein. Article 5. Contract Clauses and Requirements for Construction Contracts. A. General and Labor Clauses for All Construction Contracts and Subcontracts. VI-1 I. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Project No. 3-08-0003-20, which is being undertaken and accomplished by the Sponsor in accordance with the terms and conditions of a grant agreement between the Sponsor and the United States under the Title 49 U.S.C. Subtitle VII and the Rules and Regulations of the Federal Aviation Administration pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under the Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the Sponsor to any proposed assignment of any interest in or part of this contract. 3. Convict Labor. No convict labor shall be employed under this contract. 4. Veterans' Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to qualified individuals who have served in the military service of the United States [as defined in Section 101 (1) of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorably discharged from the service, except that preference may be given only where that labor is available locally and the individual is qualified to perform the work to which the employment relates. 5. Withholding, Sponsor from Contractor. Whether or not payments or advances to the Sponsor are withheld or suspended by the FAA,the Sponsor may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. 6. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract,the Sponsor may, after written notice to the Contractor,take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. 7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. 8. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which VI-2 they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 9. Contract Termination. A breach of paragraphs 6, 7 and/or 8 may be grounds for termination of the contract. B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts Unless Otherwise Indicated. 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 shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21), as they may be amended from time to time, (hereinafter referred to as the Regulations), which are incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor,with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, age, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors 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 shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, sex, age, color, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such VI-3 contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7. Breach of Contract Terms - Sanctions. Any violation or breach of the terms of this contract on the part of the Contractor/Subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. The terms and conditions of paragraph 80- 09 of the General Provisions of these Contract Documents are hereby made a part of this agreement as fully as if set out at length herein. 8. Contract Termination. (For contracts in excess of$10,000.) This contract may be terminated by the Sponsor for default or any other conditions or circumstances beyond the control of the Contractor. Termination conditions, the manner by which it will be effected and the basis for settlement are as follows: "In the event that the Sponsor is prohibited from completing the project because of conditions or circumstances beyond the control of either the Sponsor or the Contractor such as, but not limited to, an Executive Order of the President with respect to the prosecution of war or in the interest of national defense or an order of any State or Federal Court permanently prohibiting the construction of the project, the Sponsor, acting by and through its Airport Manager, may terminate the Contract or portion thereof by giving at least ten (10) days written notice thereof to the Contractor. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price. On items or units which are only partially completed, payment will be made in proportion to the completed work as VI-4 determined by the Engineer in his sole and absolute discretion, bears to the total bid price. Acceptable materials, obtained or ordered in the work at the time of such termination, shall at the option of the Sponsor be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at the point of delivery. The intent of this provision is to provide a method of equitable settlement with the Contractor in the event of termination of the Contract because of conditions or circumstances beyond the control of either party. Loss of anticipated profits shall not be considered. It is also the intent of this provision that a settlement for the work performed shall not relieve the Contractor or his surety from responsibility for defective work and/or materials on the completed portion of the work, nor for labor and materials as expressed in the surety bond or bonds. The Airport Manager or his authorized representatives shall be given full access to all books, correspondence and papers of the Contractor relating to this Contract in order to determine the amounts to be paid on account of the termination of the Contract." 9. Rights to Inventions - Materials. (For contracts or agreements involving imported products, processes, methods, etc.) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the recipient of the Federal grant under which this contract is executed. hiformation regarding these rights is available from the FAA and the Sponsor. C. Access to Documents, Records, Etc. 1. For All Cost Reimbursement Type of Contracts. The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the Administrator of the FAA and the Comptroller General of the United States, or an authorized representative of either, shall be allowed access to the Contractor's records which are pertinent to the contract for the purpose of accounting and audit. The Contractor shall maintain all required records for three years after the Sponsor makes final payment and all other ending matters are closed. 2. For All Negotiated Contracts in Excess of$10,000. The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, the Comptroller General of the United States, or any of their duly authorized representatives, shall be allowed access to any books, documents, papers and records of the Contractor which are directly pertinent to an AIP project(s) for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall maintain all required rewards for three years after the Sponsor makes final payment and all other pending matters are closed. VI-5 D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess of $2,000. 1. Minimum Wages. a. All laborers and mechanics employed or working on the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such 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(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period. (but 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 sent 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 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. b. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and VI-6 (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. C. 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, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). d. 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 detennination. 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). e. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(c) or(d) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. f. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. g. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic V I-7 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 as in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 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. h1 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. Payroll and Basic Records. a. 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 fide fringe benefits or cash equivalents thereof as described in I(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 I(b)(2)(B)of the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and VI-8 certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). b. The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, Sponsor, or owner, as the case maybe, 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 paragraph (3)(a) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of the Management and Budget under OMB Control Number 1215-0149). C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph(3)(a) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. d. The weekly submission of a properly executed certification set forth of the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(3)(c)(2) of this section. VI-9 C. 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. The Contractor or subcontractor shall make the records required under paragraph(3)(a) 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. a. 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, of 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 VI-10 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 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. b. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed 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 Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who 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. VI-11 C. 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 shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through(10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and subcontractor as provided in 29 CFR 5.12. 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 l 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 of 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 of 29 CFR 5.12(a)(1). V142 (iii) The penalty for malting false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. E. Contract Work Hours and Safety Standards 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 above, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (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 I above, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. 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 any monies 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 above. 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 I through 4. 5. Working Conditions. No Contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or VI-13 under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. F. Equal Employment Opportunity Clause For All Construction Contracts and Subcontracts Exceeding $10,000. During the performance of this Contract, the Contractor agrees as follows, except any contracts/subcontracts(or certifications preliminary thereto) with a state or local government or any agency, instrumentality or subdivision of such governments which does not participate in work on or under the Contract or subcontract. 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, 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 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 consideration for employment without regard to race, color, religion, sex, age, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the Contractors' commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 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 provision of this nondiscrimination clause. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, 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, as amended, and by rules, regulations and others of the Secretary of Labor, or pursuant, thereto, and will permit access to his books, VI-14 records and accounts by the FAA 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, as amended, 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 to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor of Vendor. The Contractor will take such action with respect to any subcontract or purchase order, enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor may request the United States to enter into such litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor may request the United States to enter into such litigation to protect the interests of the United States. G. Disadvantaged Business Enterprises (DBE) 1. Contractor Responsibilities: The Contractor shall agree to the below stated Department of Transportation Policy and Disadvantaged Business Enterprises Obligation and further agree to insert the following clauses a, b, and c in any subcontracts. a. Policy. It is the policy of the Department of Transportation (DOT) that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE requirements of 49 CFR Part 26 apply to this contract. b. DBE Obligation. The Contractor shall agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE requirements of 49 CFR Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Contractors VI-15 shall not discriminate of the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. c. Compliance. Failure by the Contractor or subcontractors to carry out the DOT Policy and DBE Obligation as set forth above shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Sponsor. d. Prompt Payment. Colorado's Prompt Payment Law (CRS 24-91-103(2)), requires contractors to pay all subcontractors within seven days of receipt of payment from a public entity, providing the subcontractor complies with the requirements of the law. Consistent with this requirements, the County will include the following clause in each DOT-assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the prime contractor receives from the County. The prime contractor agrees further to return retainage payments to each subcontractor within seven (7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the County. This clause applies to both DBE and non- DEB subcontractors. The County, directly or through its engineer or construction manager, will investigate and act on complaints regarding lack of prompt payment. If it is determined that the prime contractor is delinquent, it will be recommended that its pre-qualification to bid on future projects, be suspended. 2. Documentation. The Contractor shall keep such records as are necessary to show compliance with the Sponsor's DBE Program and, on the request of the Sponsor, shall make such records available for review by the Sponsor and the FAA. H. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000. Contractors and Subcontractors agree: 1. That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) list of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution VI-16 Control Act, as amended, 33 U.S.C. 1251 ct seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder. 3. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. I. Bonding Clauses for Construction Contracts and Subcontracts. 1. The Contractor agrees to furnish a performance bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all the Contractor's obligation under such contract. 2. The Contractor agrees to furnish a payment bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. J. Buy American - Steel and Manufactured Products for Construction Contracts (Jan 1991). 1. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: a. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or(2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b)(1) or (2) shall be treated as domestic. b. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. VI-17 C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. 2. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those a. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. b. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall proiect contract by more than 25 percent. K. Lobbying and Influencing Federal Employees. 1. No Federal appropriated funds shall be paid,by or On behalf of the Contractor,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 the making of any Federal grant and the amendment or modification of any Federal grant. 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 cornection with any Federal grant, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Article 6. The Contractor agrees to accept as his full and only compensation for the performance of all the work required under this Contract such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal attached hereto and made a part hereof covering all of the items. Article 7. To the extent allowed by law, the Contractor agrees to indemnify, defend and hold harmless the Sponsor, from any and all claims and damages to property and injury to persons which may arise both of and during operations under this Contract, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about, of in connection with, the construction. VI-18 Article 8. Venue and jurisdiction of any action will only be brought in the District Court in and for the Ninth Judicial District, (Aspen, Pitkin, Colorado) Attorney Fees, Costs, and Expenses of Litigation. In the event of a breach of this agreement, the breaching party shall pay to the non-breaching party all reasonable Attorney fees, cost and other expenses, incurred by the non-breaching party enforcing its rights as a result of said breach. REQUIRED CLAUSES For purposes of these required clauses, "Contractor"means the bidder/proposer or other party who may eventually enter into a contract with the County. The Bidder/Proposer shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW a. The contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter,Resolution No. 82-37,April 12, 1982). As such,the Contractor agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference. b. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered a breach of this Agreement. Further, such failure to notify the County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. 2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST a. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program VI-19 requirement or a purchase request, influencing the content of any specification or procurement standard,rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy,or other particular matter, pertaining to this Contract or Subcontract, or to any solicitation or proposal therefor. C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. d. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. e. Prohibited Conflict of Interest. No official, officer, employee or representative of the County during the term of this Contract or one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). f. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest prescribed in this Contract shall be made a condition of and conspicuously set forth in every sub-contract and solicitation therefor. g. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. h. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to: (1) Terminate this Contract without liability by the County; (2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration, or otherwise recover,the value of anything transferred or received by the Contractor; and (4) Recover such value from the other offending parties. VI-20 3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED /MINORITY / WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) a. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises (DME/MBE/WBE). b. In connection with the execution and administration of this Contract, and any subcontracts, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, handicap or status as a veteran. C. In connection with the performance of this Contract, the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work, if any, under this Contract. d. The Contractor will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. e. Employment Data and Affirmative Action Plan. If requested,the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty (50) or more employees or it is participating in contracts with the County which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the County when requested by the County Attorney's Office within ten(10) days after selection. f. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of payments under the Contract until the Contractor complies, and/or (2) Cancellation, termination, or suspension of the Contract, in whole or in part. VI-21 4. 'TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY a. The performance of work under the Contract may be terminated by the County: (1) Whenever the Contractor shall default in performance of this Contract in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten(10) days (or longer as the County may allow or shorter, but not less than three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand-delivery or mailing to the Contractor of a notice specifying the default. If mailed, said notice shall be sent by certified mail, return receipt requested, to the address specified herein for the Contractor. The Contractor shall not be in default by reasons of any failure in performance of this Contract in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the Contractor,the County shall ascertain the facts and failure, and, if the County shall determine that any failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or (2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its best interest and convenience. b. Notice of Termination. In the event of termination for the convenience of the County, the County shall deliver to the Contractor a written notice of termination, specifying the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3)business days. The notice of termination shall be sent regular first-class mail to the address of the Contractor herein provided. C. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of the County, unless otherwise directed by the County,the Contractor shall: (1) Stop work under the Contract on the date specified in the notice of termination. (2) Place no further orders for materials, services or facilities. (3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. V I-22 (4) With the approval or ratification of the County, settle all outstanding liabilities and all claims arising out of such termination on orders or subcontracts,the cost of which would be compensable or reimbursable in whole or in part in accordance with this Contract. d. Termination Payment. After the effective date of a notice of termination for the convenience of the County,the Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with the provisions in "Method of Payment," including costs incurred to the date of termination, and costs incurred because of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the Contractor on account of any default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions are granted in writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the County may review the information available to it and determine the amount due the Contractor, if any, and pay the Contractor the amount as determined. e. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, upon termination for default or for the convenience of the County. f. Remedies. The Contractor shall have the right of appeal from any determination made by the County under"Termination for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no such right of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amount the County has determined if there is no right to appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been taken. g. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.D. or 4.E., he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within thirty (30)days from the date of receipt of such response the Contractor submits the dispute to a court of competent .jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. INTEGRATION AND MODIFICATION a. This Contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value less VI-23 than $25,000, no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting,has authority to enter into a contract or to modify the terms of this contract on behalf of the County, Any such contract or modification to this contract must be in writing and be executed by the parties hereto. b. With respect to change orders under the Contract,the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Contract, subject to the requirements of the Procurement Code and the Finance Office. 6. INDEMNITY/INSURANCE a. The Contractor(including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. 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. C. To fund this indemnity, in whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County (with the County named as additional insured), and others as specified, from claims for bodily injuries, death, personal injury or property damage,which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (1) Statutory Worker's Compensation: Colorado statutory minimums (2) Comprehensive General Liability: Bodily Injury/Each Occurrence Property Damage/Aggregate Endorsements (check as appropriate): V1-24 ^ a Comprehensive Form (All risks) Premises/Operations Underground, Explosion & Collapse Hazard Products/Completed Operations Broad Form Blanket Contractual (Hold Harmless Coverage) Independent Contractors and Subcontractors Broad Form Property Damage Personal Injury, with Employment Exclusion Deleted (3) Comprehensive Motor Vehicle Liability Insurance: Bodily Injury/Each Occurrence Property Damage/Aggregate Endorsements (check as appropriate): Any Auto All Owned Autos Hired Autos Non-Owned Autos Garage Liability (4) Special Cover's (check as appropriate): (1) Performance Bond Labor Material Payment Bond (2) Profession Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk amount of project (6) Boiler and Machinery (7) Loss of Use Insurance (8) Fidelity Bonds d. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the Project Manager)no later than ten(10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the Project Manager). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage=s required herein, including a change to policy limits as set out in the then- current policy declarations page). VI-25 Simultaneously with the Certificates of Insurance, the Bidder/Proposer shall file with the County (and promptly update, as necessary) a certified statement as to claims pending against the required coverage=s, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. e. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) 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. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." f. Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least fifteen(15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. 7. EXEMPTIONS AND PREFERENCES a. All purchases of construction or building or any other materials for any Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. b. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent(80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at least equal to non-local services and labor. V I-26 8. RECORDS The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Project for a period of three (3)years after final payment on the Project and the County shall have the right within the three-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 Contract and applicable law. 9. ANNUAL APPROPRIATIONS If the contract awarded as a result of a bid 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 appropriation of funds by said governing body and that before providing services, the Contractor, if he so requests,will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. 10. SUCCESSORS AND ASSIGNS This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the County and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the County nor the Contractor shall have the right to assign or transfer its interest or obligations hereunder without the written consent of the other party, which consent shall not be unreasonably withheld. 11. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 12. AGREEMENT MADE 1N 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. VI-27 13. ATTORNEY'S FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees. 14. NOTICES Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be sent certified mail, return receipt requested, and shall be effective upon receipt or three (3)business days after mailing, whichever is first. The total estimated cost for AIP Project No. 3-08-0003-20, Schedule I thereof to be Two Million Four Hundred Thousand dollars ($2,400,000.00). IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused this agreement to be duly executed the day and year first herein written in six(6) copies, all of which to all intents and purposes shall be considered as the original. SPONSOR, First Party ATTE Pitkin County Board of Commissioners Aspen, Colorado By Byf hkc_ APPR ED AS TO FORM: By Y CONTRACTOR, Second Party PHD Contractors Inc. 2 Oakwood Park Professional Center, Suite 100 Castle Rock, Colorado 80104 By By Title Title VI-28 e ASE-2208 PERFORMANCE BOND Bond #CBA 6612 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, PHD Contractors Inc. as Principal, and National American Insurance Company a corporation organized and existing under and by virtue of the laws of the State of NE and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the Pitkin County Board of Commissioners, Aspen, Colorado, hereinafter referred to as the Sponsor, in the penal sum of Two Million Four Hundred Thousand dollars ($2,400,000.00), lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the Pitkin County Board of Commissioners, for improvements to Aspen-Pitkin County Airport(Sardy Field), under AIP Project No. 3-08-0003-20, Schedule I in conformity with the plans, general conditions, and specifications prepared by Isbill Division, Raytheon Infrastructure Inc.,of Englewood, Colorado which contract, plans, general conditions, and specifications are hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof, NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above beaded Principal shall well,truly, and faithfully perform said contract and any alterations in and additions thereto and comply with all of the terms and provisions thereof except that no change will be made which increases the total contract price by more than 25 percent in excess of the original contract price without notice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue,and comply; and shall fully indemnify and save harmless the Sponsor from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act, omission, or neglect of said Principal,his agents, or employees with relation to said work; and shall fully reimburse and repay to the Sponsor all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill his obligation to furnish maintenance,repairs or replacements for the full guarantee period provided in the specification contained herein then this obligation shall be null and void, otherwise it shall remain in full force and effect. VII-1 Further conditions of the foregoing obligations are such that the Principal and Surety will guarantee the work performed under this contract against defects in workmanship performed by the Principal and all defects in materials furnished by him which appear within a period of one calendar year after the final acceptance of the work by the Sponsor. Under this guarantee, the Principal and Surety shall repair or replace all defective workmanship and material provided by the Principal appearing within one year after the completion and acceptance of the work, at no cost to the Sponsor. PROVIDED FURTHER,that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work, or the specifications. IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at Engi Pwood , Co , this i str, day of May 2000 , A.D. PHD Contractors,Inc. Principal (Contrac or) By: ennet oy President Attest arol o c etary National American InsnranrP Company ((.. (Surety By /�l.Q.t,d�4 Sharon Bedwell , Attorney In Fact Attest: 'Z sL ,e � 1 Y n Ue (SEAL) NOTES: 1. Date of this bond must be prior to date of contract. 2. Accompany this bond with Attorney-In-Fact's authority from the Surety to execute bond, certified to include the date of the bond. VII-2 PAYMENT BOND Bond #CBA 6612 KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, PHD Contractors Inc. as Principal, and National American Insurance Company a corporation organized and existing under and by virtue of the laws of the State of NE and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the Pitkin County Board of Commissioners,Aspen, Colorado, hereinafter referred to as the Sponsor, in the penal sum of Two Million Four Hundred Thousand dollars ($2,400,000.00), lawful money of the United States of America,for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the Pitkin County Board of Commissioners, for improvements to Aspen-Pitkin County Airport(Sardy Field) under AIP Project No. 3-08-0003-20, Schedule I in conformity with the plans, general conditions, and specifications prepared by Isbill Division, Raytheon Infrastructure Inc., of Englewood, Colorado which contract, plans, general conditions, and specifications are hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof; NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by the Principal in the performance of said contract and any additions thereto,except that no change will be made which increases the total contract price by more than 25 percent in excess of the original contract price without notice to the Surety,then this obligation to be void, otherwise to remain in full force and virtue, and comply; and shall satisfy all claims and demands incurred in the performance of said contract and shall fully indemnify and save harmless the Sponsor from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement)arising from any act, omission, or neglect of said Principal, his agents, or employees with relation to said work; and shall fully reimburse and repay to the Sponsor all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill his obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the specification contained herein and a condition of this bond shall be that the Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing V II-3 him or his subcontractors with labor and materials used or performed in the prosecution of work provided for in the above contract, and that the undersigned will indemnify and save harmless the Sponsor for the extent of any and all payments in connection with the carrying out of such contract, then this obligation shall be null and void, othewise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor, materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuels, oils, grease, coal, or any other supplies or materials used or consumed by said Contractor or his subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount as provided by law. PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work, or the specifications. IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at Englewood , Co this 18th day of May 2000 , A.D. PHD Contractors, Inc. Principal (Co it ctor) By: neth t President Atte Carol o Secretary Nat.ienal A pr-ieanInsrzr-;;noQ Company (Sur B Sharon �Bedw�1Attorney InFact :Attest o r2 lgj.Aj� (SEAL) NOTES. 1. Date of this bond must be prior to date of contract. 2. Accompany this bond with Attorney-In-Fact's authority from the Surety to execute bond, certified to include the date of the bond. V 11-4 NATIONAL AMERICAN INSURANCE COMPANY Don ber 6 2 OMAHA, NEBRASKA PRINCIPAL: NAME,ADDRESS POWER OF ATTORNEY OTY,STATE,ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE PHD Contractors Inc. SAFETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE.AND EFFECTAS AN ORIGINALONLY WHEN ISSUED IN CONJUNCTION WITH #2 Oakwood 'Park Profes'sional Crltr # { THE ORIGINAL. Castle Rock, Co 80104' KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance Company,a corporation duly organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July. 1987,to wit: EFWCTIVE DATE.: "Resolved,that any officer of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or .May 18, 2000 corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority - = to the attomey(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or CONTRACT AMOUNT policies of insurance on behalf of National American Insurance Company. YYrr Be It Further Resolved,that the signature of any officer and the Seal of the Company may be $ 2,400,000.00 affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such faesimi le signature or facsimi le seal shall BOND AMOUNT: be valid and binding upon the Company and any such powers so executed and certified by @� facsimile signature and facsimile seal shall be valid and binding upon the Company in the $2 ,400,000.00 future with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make,constitute and appoint J.R.Misken,Sharon Bedwell,Richard Forsberg,or Douglas Engerman its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,places and stead,to sign,execute,acknowledge and deliver in its behalf,and its act and deed,as follows: The authority of said Attomey-in-fact to bind the company shall not exceed *Th r a a M i 1 1 i on* for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were,signed by the duly authorized officer of the National American Insurance Company,and all the acts of said Attorney(s)pursuant to the authority herein given,are hereby ratified and confirmed. IN WITNESS WHEREOF,the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. C�.N INStr� rj�lx°area ••yc� NATIONAL AMERICANINSURANCE COMPANY o �r SEAT �1'• l'd/l�t a r�4 * W.Brent LaGere,Chairman At Chef Executive Officer or.a• '`fall.aKr STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July,A.D.1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by orderof the Board of Directors of said corporation and that he signed his name,thereto by like order. 4,t0•Mrtf T.1 �9 PU6L1C ieorr Corr Notary Public STATE OF OKLAHOMA My Commission Expires August 31,2003 COUNTY OF LINCOLN ) SS: - I,the undersigned,Assistant Secretary of the National American Insurance Company,A Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Px0I,N INS& Dated the 1 8 t h day q§1 a y 2000 ev. Coaroe"e Z ; a -Y 'A+ >: Rrmfred E.Mendenhall,Assistant Secretary Or11Ma �'ruaaa. ACORD CERTIFICATE OF LIABILITY INSURANC ID GS OATEMIDDYYY) ao1 (M 05/16/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J. R. Misken, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3575 S. Sherman St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Englewood CO 80110 Phone: 303-762-1717 INSURERS AFFORDING COVERAGE INSURED INSURER A: Em to ers Mutual Companies INSURER B: Colorado Compensation Ins Auth PHD Contractors, Inc. and 53 Corporation, LLC INSURER C: GRE Insurance Group 1100 Whisper Oak Drive INSURER O: Castle Rock. CO 80104-8467 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOWREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MM(DOIYYV DATE MMPO ICY POD Y TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $1,000,000 A X COMMERCIALGENERAL LIABILITY 2D1-06-84---00 08/26/99 08/26/00 FIRE DAMAGE(Any one fire) $$ 50,000 CLAIMS MADE ❑]{ OCCUR MED EXP(Any one Person) S $ 5,000 PERSONAL 3 ADV INJURY $$1 OOO OOO GENERAL AGGREGATE $ $2,000 O00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ $2,000,000 POLICY }{ PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ;1 aOa OOa A X ANY AUTO 2E1-06-84---00 08/26/99 08/26/00 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ 1 AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $1,00O,000 A OCCUR CLAIMSMADE 2J1-06-89---00 08/26/99 08/26/00 AGGREGATE $ 1 000,000 S DEDUCTIBLE $ X RETENTION $ 10 000 $ WORKERS COMPENSATION AND X I TORY LIMITS ER B EMPLOYERS'LIABILITY 3112180 10/01/99 10/01/00 E.L EACH ACCIDENT $100 000 E.L.DISEASE-EA EMPLOYEI $ 100,000 E.L.DISEASE-POLICY LIMIT $500 000 OTHER C Cont. Equipment IM19904 08/26/99 08/26/00 $500. Ded $780,682 C Lease/Rented Equip IM19904 08/26/99 08/26/00 $500. Ded $15 000. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Project: Aspen-Pitkin County Airport (Sardy Field) AIP Project No. 3-08-0003-20 CERTIFICATE HOLDER IN I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PITKINC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Pi tkin County Board DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN of Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL C/o Director of Aviation IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IN URER,ITS AGENTS OR 0233 E. Airport Rd. , Ste. A c Aspen CO 81611 REPRESENTATIVES. Richard M. Fors r ACORD 25S(7/97) @AQW CORPORA I 1988