STATE OF COLORADO CONSTRUCTION AGREEMENT

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT

Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature.

CONTRACTOR

Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc...

Signature: ________________________________

Printed Name: _____________________________

Title: ___________________________________

Date: _________________________

STATE OF COLORADO

Jared S. Polis, Governor

Colorado Department of Natural Resources Dan Gibbs, Executive Director

Division Name

2nd State or Contractor Signature if Needed

By: Name & Title of Person Signing for Signatory

LEGAL REVIEW

Phil Weiser, Attorney General

By:_________________________________________

Assistant Attorney General

In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate.

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

Effective Date: _________________________

Page 1 of 15 Rev. June 2024

Project Summary Table

State Agency Department of Natural Resources Division Name, (“Division Acronym”)

Bid Number:

Contractor Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc...

Address

Project Name and Purpose Project name and brief description of project work

Contract Maximum Amount

Performance Time # Days Calendar Days

OR

Month Day, Year

1. PARTIES

This Contract is entered into by and between Contractor named above and on the Signature Page for this Contract (the “Contractor”), and the State of Colorado acting by and through the State agency named above and on the Project Summary Table for this Contract (the “State” or “Division Acronym”). Contractor and the State agree to the terms and conditions in this Contract.

2. TERM AND EFFECTIVE DATE

a. The Effective Date for this Contract is the date on which this Contract is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Contract.

b. This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Contractor for any work performed or expense incurred before the Effective Date or after the expiration or earlier termination of this Contract.

c. Contractor’s performance under this Contract will not begin until the issuance of the Notice to Proceed as specified in the General Conditions (the “GCs”).

d. The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part.

3. AUTHORITY

Authority for the State to enter into this Contract exists in 33-10-107(1)(d) C.R.S. The Contractor was selected under the procurement code, 24-103-204 24-103-202 C.R.S.

4. CONTRACT DOCUMENTS

The GCs and the Contract Documents described therein are all incorporated by reference and made a part of this Contract.

In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority

1. Exhibit X, Federal Provisions

2. The Colorado Special Provisions included in the main body of this agreement

3. Contract or Purchase Order, Change Orders or Amendments

4. Purchase Order

Page 2 of 15 Rev. June 2024

5. Special Conditions

6. Specifications

7. Detailed Plans

8. Standard Plans

9. Calculated dimensions will govern over scaled dimensions

10. GCs

5. CONTRACTOR PERFORMANCE

a. Contractor shall perform its obligations under this Contract in accordance with the professional standards of care, skill and diligence in Contractor’s industry, trade, or profession to the satisfaction of the State and its Project Manager in strict accordance with the provisions of the Contract Documents.

b. The Contractor shall furnish all the work, labor and materials and perform all the work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents above described project.

c. The Contractor shall complete the entire project within the Performance Time as shown in the Project Summary Table. The Contractor shall begin work within ten days from the Notice to Proceed and to prosecute the work with due diligence to completion. The Contractor agrees that the completion of the project within the Performance Time is an essential feature of this Contract and agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to ensure the completion of the work within the prescribed time.

d. The Contractor agrees that failure to complete the work within the time allowed shall be considered as a breach of the Contract and entitle the State of Colorado to collect liquidated damages for delay in completion, in accordance with the bid documents.

6. PAYMENT

The State shall pay the Contractor an amount not to exceed the Contract Maximum Amount specified in the Project Summary Table for performance of this Contract, subject to any additions or deductions as provided in the Contract Documents. Payments under this Contract are subject to the terms and conditions outlined in the GCs.

7. INSURANCE

Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Contract. All insurance policies required by this Contract shall be issued by insurance companies as approved by the State.

A. Workers’ Compensation

Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Contractor or Subcontractor employees acting within the course and scope of their employment.

B. General Liability

Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

i. $1,000,000 each occurrence;

ii. $1,000,000 general aggregate;

iii. $1,000,000 products and completed operations aggregate; and

iv. $50,000 any one fire.

Page 3 of 15 Rev. June 2024

C. Automobile Liability

Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit.

D. Pollution Liability Insurance Pollution liability policy with minimum limits of $1,000,000 each occurrence and $1,000,000 Annual Aggregate covering any environmental damage caused by the contractor or subcontractor during the Work with the State included as an additionally insured party.

E. Professional Liability Insurance

Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows:

i. $1,000,000 each claim; and

ii. $1,000,000 general aggregate.

F. Additional Insured

The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Contractor and Subcontractors.

G. Primacy of Coverage

Coverage required of Contractor and each Subcontractor shall be primary and noncontributory over any insurance or self-insurance program carried by Contractor or the State.

H. Cancellation

The above insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §14 within seven days of Contractor’s receipt of such notice.

I. Subrogation Waiver

Except with respect to Professional Liability Insurance, all insurance policies secured or maintained by Contractor or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

J. Public Entities

If Contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall ensure that the Subcontractor maintains at all times during the terms of this Contract, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.

K. Certificates

Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage required in this Contract within seven Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within seven Business Days following the Effective Date, except that, if Contractor’s subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage required under this Contract within seven Business Days following Contractor’s

Page 4 of 15 Rev. June 2024 execution of the subcontract. No later than 15 days before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section.

8. GENERAL PROVISIONS

a. Binding Effect Except as otherwise provided in the GCs, all provisions of this Contract, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns.

b. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.

c. Counterparts This Contract may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

d. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the project, and all prior representations and understandings related to the project, oral or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein.

e. Jurisdiction and Venue All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

f. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules.

g. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Contract.

h. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of the Contract.

i. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of the Contract and shall be enforceable by the other Party.

j. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in this §7, this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are reserved solely

Page 5 of 15 Rev. June 2024 to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to the Contract, and do not create any rights for such third parties.

k. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.

l. Indemnification To the extend authorized by law, Contractor shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with this contract.

9. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)

These Special Provisions apply to all contracts except where noted in italics.

A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.

This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.

B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.

Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

Page 6 of 15 Rev. June 2024

C. GOVERNMENTAL IMMUNITY.

Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.

D. INDEPENDENT CONTRACTOR.

Contractor shall perform its duties hereunder as an independent contractor and not as an employee.

Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract.

Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.

E. COMPLIANCE WITH LAW.

Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

F. CHOICE OF LAW, JURISDICTION, AND VENUE.

Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

G. PROHIBITED TERMS.

Any term included in this Contract that requires the State to indemnify or hold Contractor harmless;

requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S.

H. SOFTWARE PIRACY PROHIBITION.

State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.

Page 7 of 15 Rev. June 2024

The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.

J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.

[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State.

10. FEDERAL FUNDING AND REGULATIONS

a. All or a portion of this Contract may be funded by federally provided funds pursuant to Assistance Listing Number #/Federal Agency if no Federal Assistance Listing Number #. This Contract is subject to and contingent upon the continuing availability of federal funds for the purposes hereof.

b. The Contractor shall comply with all applicable federal statutes, regulations, policies, guidelines, OMB Circulars and other requirements, including as they relate to the application, acceptance and use of federal funds for this federally assisted Project including, but not limited to, Office of Management and Budget Circular 2CFR200 and 32 CFR section 33.26, including Exhibit X, Federal Provisions, which is attached to this Contract.

c. Federal Audit -The Office of Management and Budgets (OMB) Circular No. 2CFR200 subpart F Audit Requirements defines audit requirements under the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) expending $750,000 or more from all sources (direct or from pass-through entities) are required to have a single audit under the circular. The OMB defines Federal financial assistance within the scope of the circular as assistance received or administered in the form of grants, cooperative agreements, loans, loan guarantees, property (including donated surplus property), interest subsidies, insurance, food commodities, direct appropriations and other assistance. The Circular also requires pass-through entities to monitor the activities of sub-recipients and ensure that sub-recipients meet the audit requirements.

d. Whistleblower Rights. The Contractor, any subcontractors, and all of their employees working on this Agreement are subject to the whistleblower rights and remedies in the pilot program on the Award Recipient employee whistleblower protections established at 41 USC 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). The Contractor and any subcontractor will inform its employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712.

e. Davis-Bacon Act

i. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts

Page 8 of 15 Rev. June 2024

Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

f. Build America, Buy America Note: This term effective as of January 13, 2023. For more information on DOI’s approved waiver, see: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.

i. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. All manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States;

and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;

and

3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

Page 9 of 15 Rev. June 2024

ii. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.

Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica.

Additional information can also be found at the White House Made in America Office website: https://www.whitehouse.gov/omb/management/madein-america .

iii. Waivers

When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:

https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.

If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department of Interior Bureau or Office who issued the award.

4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award).

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

Page 10 of 15 Rev. June 2024 https://www.whitehouse.gov/omb/management/madein-america

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.

11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation.

13. Anticipated impact if no waiver is issued. Approved waivers will be posted at https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.

Questions pertaining to waivers should be directed to the financial assistance awarding officer.

iv. Definitions

1. “Construction materials” includes an article, material, or supply that is or consists primarily of:

• non-ferrous metals;

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

• glass (including optic glass);

• lumber; or

• drywall.

2. “Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

3. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

4. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

5. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States.

11. CONTRACTOR CERTIFICATION AND ADJUSTMENTS FOR ERRORS

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In accordance with 24 30 1404 (1), C.R.S. as amended, the Contractor has executed a schedule, which is attached hereto and made a part hereof by reference as Exhibit X, Contractor Rate Schedule, in having a duly authorized representative of Contractor sign this Contract, Contractor hereby certifies that:

a. The wage rates and other factual unit costs supporting the compensation to be paid by the State for these professional services are accurate, complete and current; and

b. The Contractor understands the original Contract price and that any additions shall be adjusted to exclude any significant sums by which the State determines the contract price had been increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs; and

c. All such Contract adjustments shall be made within one year following the end of this Contract.

12. SPECIAL CONSIDERATIONS FOR PUBLIC PROJECTS

a. Applicable Prevailing Wages §24-92-203 CRS

i. The general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees to the welfare, pension, vacation, apprentice training, and education funds are attached to this Contract asExhibit X, Prevailing Wages. These rates shall remain the same for the duration of the work of this Project.

b. Posting of Prevailing Wage Rates §24-92-207 CRS

i. The Contractor and each subcontractor who performs work on this Project shall post in conspicuous places on the project site, where employees are employed, posters that contain the current prevailing rate of wages and the current prevailing rate of payments to the funds required to be paid for each employee employed to execute this Contract, and the rights and remedies of any employee described in §24-92-210 CRS for nonpayment of any wages earned pursuant to this section. The posters shall be furnished to the Contractor and subcontractors by the Colorado Department of Personnel and Administration in a form and manner to be determined by that department.

ii. Failure of the Contractor or subcontractor to comply with this section shall be deemed guilty of a class 3 misdemeanor and shall pay to the State one hundred dollars for each calendar day of noncompliance as determined by the State.

c. Payment of Wages and Unclaimed Prevailing Wages Special Trust Fund §24-92-204 CRS

i. The Contractor and any subcontractors shall pay all the employees employed directly on the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the competitive solicitation, regardless of any contractual relationships that may be alleged to exist between the Contractor or subcontractor and the employees.

ii. The Contractor and any subcontractors shall prepare and submit payroll reports to the State on a monthly basis that disclose all relevant payroll information, including the name and address of any entities to which fringe benefits are paid, and that the State is required to review the certified payroll reports in a timely manner as required by this Contract.

iii. The Contractor and any subcontractors shall maintain on the site where this public project is being constructed a daily log of employees employed each day on the public project.

The log shall include, at a minimum, for each employee his or her name, primary job title, and employer, and shall be kept on a form prescribed by the State through the Colorado Department of Personnel and Administration. The log shall be available for inspection on the site at all times by the State.

iv. If the Contractor or any subcontractor fails to pay wages as are required by this Contract, the State shall not approve a warrant or demand for payment to the Contractor until the

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Contractor furnishes the State with evidence satisfactory to the State that such wages so required by this Contract have been paid; except that the State shall approve and pay any portion of a warrant or demand for payment to the Contractor to the extent the State has been furnished evidence satisfactory to the State that the Contractor or one or more subcontractors has paid such wages required by this Contract, even if the Contractor has not furnished evidence that all of the subcontractors have paid wages as required by this Contract. Any Contractor or subcontractor may use the following procedure in order to satisfy the requirements of this section:

1. The Contractor or subcontractor may submit to the State, for each employee to whom such wages are due, a check as required by the State. Such check shall be payable to that employee or to the State so it is negotiable by either of those parties. Each such check shall be in an amount representing the difference between the accrued wages required to be paid to that employee by this Contract and the wages actually paid by the Contractor or subcontractor

2. If any check submitted as described above cannot be delivered to the employee within a reasonable period as determined by the State, then it shall be negotiated by the State and the proceeds deposited in the unclaimed property trust fund created in section §38-13-116.6 CRS. Nothing in this section shall be construed to lessen the responsibility of the Contractor or subcontractor to attempt to locate and pay any employee to whom wages are due.

d. Apprenticeship Contributions §24-92-208 CRS

i. The apprenticeship contribution rate and fringe benefit requirements applicable to this

Contract have been established in accordance with the apprenticeship contribution of the collective bargaining agreement of the applicable trade in the geographic locality of the Project. The Colorado Department of Personnel and Administration, Office of the State Architect publishes copies of the applicable rates and has made them available at <https://drive.google.com/file/d/1ZrsbxqMOdrcmx6yYe-QAs61ImqRJ7zfN/view>.

ii. In order to comply with the applicables apprenticeship contribution statutes, the Contractor must do one of the following:

1. If the Contractor is signatory to the applicable collective bargaining agreement, the Contractor shall pay no more than the apprenticeship contribution rates available above; or,

2. If the Contractor is not signatory to a collective bargaining agreement but is a member of a multi-employer trade association that sponsors an apprenticeship program registered with the United States Department of Labor’s Employment and Training Administration or recognized by the United States Department of Labor or directly sponsor such a program for their own employees, the Contractor shall pay the determined apprenticeship contribution to that program or to a state apprenticeship council registered with the United States Department of Labor; or,

3. If the Contractor does not qualify for either option specified above, the Contractor shall be required to pay the amount of the apprenticeship contribution to affected workers in cash payments in addition to the other components of the required prevailing wage and fringe benefit package.

iii. The apprenticeship contribution rate shall be deducted from the prevailing wage rate package to avoid double payment by the Contractor.

e. Apprenticeship Utilization §24-92-115 CRS

i. The Contractor shall submit to the State documentation in a form substantially similar to the template available at

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<https://docs.google.com/document/d/1J4MSGuLyZTO3FgTcvgKrybAoalDkC8am/edit> that each subcontractor used for mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work participates in apprenticeship programs registered with the United States Department of Labor’s Employment and Training Administration or state apprenticeship councils recognized by the United States Department of Labor and have a proven record of graduating apprentices as follows:

1. Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen percent of its apprentices for at least three of the past five years;

2. Beginning July 1, 2026, through June 30, 2031, a minimum of twenty percent of apprentices for at least three of the past five years; and

3. Beginning July 1, 2031, and each year thereafter, a minimum of thirty percent of apprentices for at least three of the past five years.

ii. The Contractor shall supply supporting documentation from the United States Department of Labor’s Office of Apprenticeship verifying the information provided. The Contractor agrees to provide additional documentation to the State regarding affected apprenticeship training programs relating to the requirements of this section as requested.

iii. If the States determines that a subcontractor subject to this section has willfully falsified documentation or willfully misrepresented their qualifications required to comply with this section, the State shall direct the Contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the Public Project.

At the discretion of the director of the Colorado Department of Personnel and Administration, the State may initiate the process to debar the Contractor pursuant to §24-109-105 CRS, and may pursue any other remedy provided by law.

13. BUY CLEAN COLORADO ACT (CRS 24-92-117 and CRS 24-92-118)

a. The Buy Clean Colorado (BCCO) Act is focused on reducing embodied carbon emissions of state

Public Projects by means of Eligible Material selection. Through design optimization and responsible selection of materials, the reduction of Embodied Carbon emissions from building materials can be accomplished. The BCCO Act requires the Office of the State Architect (OSA) to establish a maximum acceptable Global Warming Potential (GWP) limit for each category of Eligible Materials, which include: asphalt and asphalt mixtures, cement and concrete mixtures, glass, post-tension steel, reinforcing steel, structural steel, and wood structural elements.

b. During Eligible Material procurement, the Contractor shall work with material suppliers to collect compliant Environmental Product Declarations (EPDs) for all permanently installed Eligible Materials. Only third-party verified EPDs will be accepted. The Contractor shall furnish EPDs to the State prior to the installation of an Eligible Material. The EPD must show that the Eligible Material is within the established GWP limits applicable to this Contract, attached as Exhibit Z.

The State shall verify the installation of Eligible Materials.

c. If an EPD is unavailable, the Contractor shall notify the State, and with prior State approval, the Contractor may install an alternative Eligible Material with an EPD. The State may direct the Contractor to work with the State’s designated architect / engineer to determine alternative products with EPDs. If an Eligible Material that meets the maximum acceptable GWP limit for a category of Eligible Materials is not reasonably priced or is not available to the contractor on a reasonable basis, the Contractor shall submit to the State a Construction-Phase Waiver form in the template provided by OSA as Form EE-5.30 and in consideration of the EPD Exemption Justifications published by OSA as Form EE-5.1, both of which are available at <https://osa.colorado.gov/energy-environment/buy-clean-colorado-act>.

d. For Eligible Materials sourced over 100 miles (160 km) outside of the project site, the Contractor shall record and report information relating to the transportation of the Eligible Materials. The

Page 14 of 15 Rev. June 2024 https://osa.colorado.gov/energy-environment/buy-clean-colorado-act

Contractor shall record the weight of the cargo (lbs. or kg), the type of vehicle used for transporting the Eligible Materials, and the total distance traveled (miles or km) or the zip codes of the distributor and project site.

e. The Contractor shall certify compliance with its obligations related to BCCO by completing the “EPD Construction Submittal” and “Transportation” tabs of the EPD Submittal & Sign-Off Report, which is attached to the Contract as Exhibit XX.

f. Capitalized terms used in this section of the Contract shall be construed and interpreted in accordance with the “Important Definitions” section of the OSA BCCO Act website <https://osa.colorado.gov/energy-environment/buy-clean-colorado-act>.

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