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HomeMy WebLinkAboutbocc.con.019.2007/154.2006CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 019-2oo7~isy. ~~~6 Originating Department/Division: Airport Contact Person: David Ulane Phone #: 429-2853 ~~ ((,, I /~1A'L- C..~~A~T Project Name: Stormwater Mgmt Pan 1 ~5 y ~ ~. o-c~ (~ ^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 712005) Check procurement type: ^None ^Informal ®Fotmal ^Sole Source ^Emergency ^State Bid ^ Check Contract Tvpe: Dollar Amount: 20,640 Services/Maintenance License/Use Goods, Equipment, Supplies Other (e.g. revenue) (for county employees) ental Agreement (Requires BOCC Action) Agreements (Requires BOCC Action) ;e Order/Contract Amendment ContractorlBusiness Carter Burgess Complete Name: Scott Cary Contract Execution Janaury 29, 2007 Contract End Date: N/A Automatic Renewal N Term of Contract: All Contracts should be proofed for the following: ®No Pages Missing ®If a Page is Left Intentionally Blank Note on Page ®Page numbered consecutively ®All Signatures Affixed ®All Dates Filled In ®All Other Blanks Filled In ®All Exhibits Attached ®All Legal Descriptions Attached (itappropriate) ®Notice of Award/Proceed Attached (itappropriate) ^Special Instructions for Finance Department: ®Sent to Clerk and Recorder for Scanning/Archiving ®Authorized Staff Person's Name: David Ulane BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Budget Line Item/Ledger Number 404.69.91408.86000 Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 10_16_06 o «~oa~ B No. 072431.122 AMENDMENT NO. TWO (2) TO c'c.~VTR~c~' DATED JANUARY I, 2006 BETWEEN CARTER & BURGESS, INC. AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO The Sponsor and the Engineer (here after referred to as Engineer or Contractor interchangeably) agree to amend their contract for improvements to Pitkin County Airport, Colorado to include fees for engineering services. The improvement Item No.S is included in the Scope of Work of the original contract. The items covered by this amendment are detailed in the scope of work attached hereto as Exhibit A, which scope of work is incorporated herein by this reference, and are generally described as follows: Item No. 5 Other Engineering Projects as Needed -Update the Storm Water Management Plan (SWMP) The Sponsor agrees to pay the Engineer for the services listed under Article II of the original contract in the following manner: PART A -BASIC SERVICES Item No 5: Task I Industrial Activity Description .............................................. Lump sum of $670.00 Task 2 Site Map ............................................................................. Lump sum of $1,600.00 Task 3 Stormwater Management Control .................................... Lump sum of $16,975.00 Task 4 Comprehensive Inspection .................................................... Lump sum of $620.00 Task 5 Consistency with Other Plans ................................................ Lump sum of $775.00 Method of payment shall be as follows: Interim payments up to 90 percent based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. The remaining ten percent to be paid upon Notice to Proceed for construction, or, in the event the Sponsor does not elect to proceed with construction, the remaining ten percent to be paid upon receipt of request for payment from the Engineer. Page 1 of 7 n ~ 1/~~~~ PART C -ASSURANCES ~~III a +~~ r vns c I. CIVIL RIGHTS ACT OF 1964, TITLE VI -CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: • Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they maybe amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. • Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regu]ations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. • Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer 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 Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. • Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives 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 Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Engineer is in the exclusive possession of another who fails or refuses to furnish this infomtation, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. • Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Engineer under the contract until the Engineer complies, andlor b. Cancellation, termination, or suspension of the contract, in whole or in part. Page 2 of 7 !1 • Incorporation of Provisions. The Engineer shall include the provisions of paragraphs one through five (Comhliat~ce tiritlr Regulations, No~rdiscrirniraatiojt, Solicitations /o~• Suhcontr•acts, Information crud Reports, and Sanctions for Noricofnpliance) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. II. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 -GENERAL CIVIL RIGHTS PROVISIONS Reference: Airport azzd Airway Improveznez:t Act of 1982, Section 520; Title 49 47123;AC 150/5100-1 S, Para. 10. c. The Engineer assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Engineers, this provision binds the Engineers from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. III. DISADVANTAGED BUSINESS ENTERPRISES Reference: 49 CFR Part 26 • Contract Assurance (§26.13) -The Engineer or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Engineer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. • Prompt Payment (§26.29) -The prime Engineer agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Fifteezz (1 S) days from the receipt of each payment the prime Engineer receives from Sponsor. The prune Engineer agrees further to return retainage payments to each subcontractor within Fifteen (15) days after Page 3 of 7 the subcontractor's work is satisfactorily completed. Any delay or postponement of payiuent from the above referenced time frame may occur only for good cause following written approval of the Board. This clause applies to both DBE and non-DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR Part 20, Appendix A • No Federal appropriated fiords shall be paid, by or on behalf of the Engineer, 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. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Engineer shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. V. ACCESS TO RECORDS AND REPORTS Reference: 49 CFR Part 18.36(1); FAA Order 5100.38 The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. VI. BREACH OF CONTRACT TERM5 Reference: 49 CFR Part 18.36 Any violation or breach of terms of this contract on the part of the Engineer or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. i~ Page 4 of 7 C VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(1)(8); FAA Order 5100.38 All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. VIII. TRADE RESTRICTION CLAUSE Reference: 49 CFR Part 30.13; FAA Order 5100.38 The Engineer or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office ofthe United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Engineer or subcontractor who is unable to certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the sponsor if the Engineer learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Engineer or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Page 5 of 7 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and inforniation of a Engineer is not required to exceed that which is normally possessed by a pnident person in the ordinary course of business dealings. This certification concerns a matter within the j urisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. IX. TERMINATION OF CONTRACT Reference: 49 CFR Part 18.36(1)(2); FAA Order 5100.38 • The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. • If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. • If the termination is due to failure to fulfill the Engineer's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. • If, after notice of termination for failure to fulfill contract obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. • The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided bylaw or under this contract. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Reference: 49 CFR Part 29; FAA Order 5100.38 The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Page 6 of 7 hidderJofferoriEngineer orany lower tier participant is unable to certi fy to this statement, it shall attach an explanation to this solicitationlproposal. All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signahires this 29~d day of Jpa~nc;y 2007 SPONSOR: PITKIN COUNTY COLORADO By of Aviation Attest .•~~""-_~ John Ely, County Attorney ENGINEER: Carter & Burgess, Inc By Randolph C. Pierce Vice President I~~ Page 7 of 7 SCOPE OF WORK FOR STORMWATER MANAGEMENT PLAN Overview Carter & Burgess has prepared the following scope to update the Stormwater Management Plan (SWMP) for the Aspen/Pitkin County Airport. The report will be prepared for the Airport to identify potential sources of pollution to stormwater and to select best management practices (BMPs) which will reduce pollutants in stormwater runoff and, when implemented, will meet the terms and conditions of the Airport's stormwater permit. The State of Colorado has prepared an acceptable format to receive a SWMP permit. Each of the following items shall be addressed in detail in the report using the best available knowledge. Industrial Activity Description. The plan shall provide a narrative description of the industrial activity taking place at the site. These may include manufacturing processes, equipment washing, materials storage, product assembly or disassembly, vehicle maintenance or fueling, incineration, power generation, waste treatment, storage or disposal, etc. 2. Site Map. The plan shall include a site map indicating an outline of the drainage area of each stormwater outfall (to the extent possible), each existing structural control measure to reduce pollutants in stormwater runoff, and surface water bodies. The drainage areas shown should include the portions of the site where the activities occur. 3. Stormwater Management Controls. Each facility covered by the permit shall have stormwater management controls appropriate for the facility, and implement such controls. The appropriateness and priorities of controls in the plan shall reflect identified potential sources of pollutants at the facility. The description of stormwater management controls shall address the following minimum components, including a schedule for implementing such controls: a. SWMP Administrator -The SWMP shall identify a specific individual(s) within the permitted facility who is responsible for developing the SWMP and assisting the airport manager in its implementation, maintenance, and revision. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. b. Identification of Potential Pollutant Sources and Best Management Practices -The SWMP shah identify potential sources of pollutants at the site and assess the potential of these sources to contribute pollutants to stormwater discharges associated with industrial activity. The SWMP must also describe appropriate Best Management Practices (BMPs) to reduce the potential of these sources to contribute pollutants to Aspen/Pitkin County Airport SWMP Proposal Page 1 of 4 September 21, 2006 stormwater discharges. At a minimum, each of the following shall be evaluated for the reasonable potential for contributing pollutants to runoff: i. Loading and unloading operations; ii. Outdoor storage activities; iii. Outdoor manufacturing or processing activities; iv. Significant dust or particulate generating processes; v. On-site waste disposal practices; vi. The presence of salt piles; vii. SARA Title III Section 313 Water Priority Chemicals; viii. Areas where significant spills and significant leaks or toxic or hazardous substances have occurred at the facility from three years prior to permit certification to the time of SWMP preparation. Factors to consider include the toxicity of chemicals; quantity of chemicals used, produced, or discharged; the likelihood of contact with stormwater; and the history of significant leaks or spills of toxic or hazardous substances. Where potential stormwater contamination sources are identified, appropriate preventive measures must be taken and documented. These will be discussed in the BMPs description. The description of the BMPs shall include: 1. stormwater diversion: Describe how and where stormwater will be diverted away from industrial areas to prevent stormwater contamination. 2. Materials handling and spill prevention: Where materials can impact stormwater runoff, existing practices that reduce the potential for contamination shall be described. For example, materials shall be stored and handled in covered areas to prevent contact with stormwater, and chemicals shall be stored within berms or secondary containment devices to prevent leaks and spills from entering stormwater runoff. 3. Sediment and erosion prevention: The plan shall identify areas which, due to topography, activities, or other factors, have a high potential for significant soil erosion, and identify measures taken to limit erosion. 4. Other pollution prevention measures: The plan shall identify any other structural and non-structural measures for stormwater quality control on-site. In each case where stormwater pollution potential exists, appropriate preventive measures must be taken and documented. Aspen/Pitkin County Airport SWMP Proposal September 21, 2006 Page 2 of 4 1C i c. Sampling Information - If monitoring is required, the plan shall include a summary of any existing discharge sampling data describing pollutants in stormwater discharges and a description of each proposed sampling point. Describe the basics of the drainage system (underground with inlets, surface runoff to swale, etc.), and where the sampling will take place and why. d. Preventive Maintenance - A preventive maintenance program is required, and shall involve inspection and maintenance of stormwater management devices (cleaning oil/water separators, catch basins, etc.) as well as inspecting and testing facility equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters. This part of the SWMP will also include maintenance of the BMPs which are used. If necessary, a schedule will be established which is appropriate to the activity and the BMP. Preventive maintenance should be coupled with periodic inspections. e. Good Housekeeping -Good housekeeping requires the maintenance of a clean, orderly facility. This part of the SWMP shall address cleaning and maintenance schedules, trash disposal and collection practices, grounds maintenance, and so forth. f. Spill Prevention and Response Procedures -Areas where potential spills can occur, and their accompanying drainage points, shall be identified clearly in the SWMP. Where appropriate, specifying materia{s `handling procedures and storage requirements in the plan shall be considered. Procedures for cleaning up spills shall be identified in the plan and made available to the appropriate personnel. The necessary equipment to implement a cleanup shall be available to personnel. Many industries are required by Federal law to have a Spill Prevention Control and Countermeasures (SPCC) Plan. This plan will be included in this section of the SWMP by reference. g. Employee Training -Employee training programs shall inform personnel at all levels of responsibility (who are involved with industrial activities that may impact stormwater runoff) of the components and goals of the SWMP. Training shall address topics such as spill response, good housekeeping and material management practices. The SWMP shall identify periodic dates for such training. Contractor or temporary personnel shall be informed of facility operation and design features in order to prevent discharges or spills from occurring. Aspen/Pitkin County Airport SWMP Proposal Page 3 of 4 September 21, 2006 h. Identification of Discharges other than stormwater -The stormwater conveyance system on the site shall be evaluated for the presence of discharges other than stormwater. The SWMP shall include a description of the results of any evaluation for the presence of discharges other than stormwater, the method used, the date of the evaluation, and the on-site drainage points that were directly observed during the evaluation. 4. Comprehensive Inspections. The SWMP shall identify qualified personnel that shall inspect designated equipment and plan areas. The procedures and intervals of the comprehensive inspection shall also be specified in the plan. The operator shall keep a record of inspections which shall be made available to the Colorado Department of Health and Environment (CDPHE) upon request and summarized in the Annual Report. 5. Consistency with Other Plans. SWMPs may reflect requirements for SPCC plans, or BMP Programs otherwise required by a Colorado Department of Public Safety (CDPS) permit, and may incorporate any part of such plans into the SWMP by reference. Aspen/Pitkin County Airport SWMP Proposal Page 4 of 4 September 21, 2006 ~~ ASPEN/PITKIN COUNTY AIRPORT SWMP Exhibit A -MANHOUR ESTIMATE ,~? _ . ~. ~~ ,~ „ , ~ ,. ,~ , .. u" ~.",a ~- _,. , . .., ..,_~ - : - ~ s~ ::~. -. , ~ F~I,.~ tit a xz~ ~ ,~ . ~:, _ m~«... qc ,w '"" N ~. _ .. ~ , LABOR CATEGORY Cecil Hil ers Anderson Admin. Total PROJECT Assistant Labor ODC's TOTAL our ate, r g ( v~ ~ _ ~~ ,"i... ... N~){ v.R ~'V'} ~M~n uia~.....r ",nti' 'Y ~ as 1 - n ustna Actnri Descri ton _ ':E. 2 i C'~'J'.. 4 ~ ~ ours roa.?.„`A° 6 cost fu' Subtotal -Task 1 2 4 6 $670 $670 Task 2 -Site Ma 4 16 20 Subtotal-Task2 4 i6 20 $1,600 $1,600 Task 3 -Stormwater Mana ement Control Task 3.a -SWMP Administrator 2 2 $200 $200 Task 3.b - Identification of Potential Pollutant Sources and BMPs 4 48 52 $5,340 $250 $5,590 Task 3.c-Sam Iin Information 2 8 10 $1,070 $1,070 Task 3.d -Preventive Maintenance 1 4 4 9 $755 $755 Task 3.e -Good Housekee in 1 4 5 $535 $535 Task 3.f - S ill Prevention Resonse Procedures 1 4 5 $535 $535 Task 3. - Em to ee Trainin 3..1 -Trainin Materials 4 16 8 12 $3,400 $100 $3,500 3..2 -Trainin Sessions (2 sessions 32 $3,200 $660 $3,860 Task 3.h -Identification of Dischar es other than Stormwater 3 Sam les $930 $930 Subtotal-Task4 13 118 8 16 83 $15,035 $1,940 $Y6,975 Task 4 -Cam rehensive Ins ection 4 4 4 $620 620 Subtotal -Task 5 4 4 4 620 $620 as 5 -Consistent with Other Plans 1 2 8 11 Subtotal -Task 6 1 2 8 i 1 $775 $775 PROJECT TOTALS 16 132 24 28 124 18,700 1,940 $20,640 Page 1 of 1 ~~ ~~~~ACT#Dl q. aoo7 Compliance with House Bi1106-1343 and House Bi1107-1073 A. In compliance with House Bill 06-1343 and House Bi1107-1073 amending Title 3 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens- Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the . Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. hi compliance with House Bi1106-1343 and House Bi1107-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment elib bility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108t1i Congress, or its successor, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective. if the Basic Pilot Program is discontinued.' 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge.that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. ~ 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: By' .~.s---~- Title ~Ev~>~2,,~ ~,~1(~ ~~~ Date PITKIN COUNTY: By: ~ Authorized Signer Date