Attachment B - Sample Contract, Insurance Requirements, Performance _ Payment Bonds.pdf

LARIMER COUNTY, COLORADO

Construction Services Agreement- ENGINEERING

Bid No. B25-13 Project No. 5025

Timnath Pedestrian Bridge and Trail

MTF C060-089 (23647)

THIS AGREEMENT is made by and between the Board of County Commissioners of Larimer County, Colorado, located at 200 W. Oak, Fort Collins, Colorado 80521 ("County"), and , located at , (“Contractor”). County and Contractor agree to the following terms and conditions:

1. CONTRACT DOCUMENTS

a. The following documents are incorporated into this Agreement by this reference and are on file in the Office of Engineering Department, Larimer County, Colorado (collectively the “Contract Documents”):

i. Invitation for Bids No. B25-13 and Contractor’s Proposal in response, including but not limited to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction; Colorado Department of Transportation Special Provisions; Larimer County Engineering Special Provisions; the Insurance Requirements; the Plans, Payment and Performance bonds, together with all alterations and modifications thereto (the “Bid Documents”);

ii. Bid Schedule attached hereto as Attachment A (the “Bid Schedule”);

iii. Insurance Requirements attached hereto as Attachment B;

iv. FHWA 1273 Required Contract Provisions and Wage Decision (CO20250014, 1/3/2025), attached hereto as Attachment C;

v. Larimer County Required Contract Provisions, attached hereto as Attachment

D;

vi. Contract Provisions for Non-Federal Entity Contract Under Federal Awards, attached hereto as Attachment E.

2. STATEMENT OF WORK

a. Contractor shall, in a good and workmanlike manner, at his/her own cost and expense and strictly in accordance with this Agreement, furnish all materials and do all work necessary or incidental to the complete construction of the Larimer County project referenced by the Bid and Project No. in the caption above (the “Work”).

b. County’s Contract Administrator (identified in §7(a) below), has the authority to approve changes to the scope of the Work and specifications in the Bid Documents, subject to the following:

i. The specific changes at issue shall be described in a Change Order and signed by County’s Contract Administrator and Contractor; and

ii. Any increase or decrease in costs to County shall be documented in the Change Order. If the Change Order will result in a cost increase to County exceeding 10% of the total maximum cost as stated in the Bid Schedule, the Change Order must also be signed by the Larimer County Board of County Commissioners,SAMPLE

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unless otherwise provided for in the Larimer County Policy addressing Signature Authority for County Expenditure and Revenue Commitments.

3. SCHEDULE OF WORK & LIQUIDATED DAMAGES

a. This Agreement shall be effective on the date it becomes fully executed by the parties and

Contractor has delivered to County payment and performance surety bonds, acceptable to County in penal sums equal to the estimated contract price as shown on the Bid Schedule, duly executed by a corporate surety, qualified and licensed to do business and maintaining a general agent in Colorado (“Effective Date”).

b. Contingent on County issuing a Notice to Proceed to Contractor, Contractor shall begin the Work no later than the ___ day of ______________, 2025 (or such later date as may be stated in the Notice to Proceed).

c. Contractor shall complete the Work by March 31, 2025 (the “Completion Date”).

d. Time is of the essence of this Agreement. Subject to §3(e) below, in the event Contractor fails to complete any Work by the Completion Date, County may withhold, as liquidated damages and not as a penalty, the sum of $_______ for each calendar day after the Completion Date that the Work remains incomplete.

e. If Contractor is delayed for any reason beyond its control, Contractor shall submit the reason for the delay in writing to County’s Contract Administrator who shall decide whether there is sufficient justification for an extension of the Completion Date. This decision shall be made in writing and shall be final.

4. PAYMENT

a. All charges, prices, fees, and discounts related to the Work are set forth in the Bid

Schedule. In no event shall County be liable to pay any money more than the total maximum cost stated in the Bid Schedule, unless County agrees otherwise in writing.

b. Contractor shall initiate payment requests by invoice to County in the amounts, form and manner stated in the Bid Schedule. With each request for payment, Contractor shall warrant that all subcontractors and material suppliers have been timely paid in accordance with Colorado Revised Statutes, §24-91-103, as now in effect or as may be amended from time to time.

c. Within forty-five (45) calendar days of its receipt of a complete and proper invoice, County shall pay the invoice so long as the amount invoiced correctly represents Work completed by Contractor in compliance with the terms of this Agreement. Payment of any invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement. Prior to payment, County reserves the right to require such additional documentation that it reasonably deems necessary to support invoices and payments to Contractor. In such event, payment deadlines shall be tolled and non-payment pending receipt and review of such additional documentation shall not constitute a breach by County.

d. Contractor agrees that all invoices shall be exclusive of all excise, sale, use and other taxes for which County is exempt. Upon request, County shall provide Contractor a tax-exempt certificate or other similar form demonstrating its tax-exempt status.

e. County represents that sufficient appropriations exist to pay its obligations under this Agreement, and that no Change Orders will issue unless appropriations exist to cover any increased costs.

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5. BREACH & EARLY TERMINATION

a. The failure of either party to perform any of its obligations in accordance with this

Agreement, in whole or in part, shall be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach.

b. In the event of a breach, the non-breaching party shall give written notice of the breach to the other party in accordance with §7. If the notified party does not cure the breach within forty-five (45) days after the effective date of the notice pursuant to §7, the non-breaching party may exercise any of the remedies described in §6 for that party.

c. County may, at its sole option, terminate this Agreement at any time for its convenience and without cause, in which case:

i. County shall provide Contractor written notice of such termination in accordance with §7, and such notice shall specify the effective date of the termination.

ii. If County terminates for convenience, Contractor will be paid for Work completed and unpaid prior to the effective date of termination as follows:

1. Lump Sum Contracts: The percentage of the total lump sum fee that represents the ratio of Work completed to the total amount of Work;

2. Specific Rate of Compensation Contract: Incurred cost of actual Work performed;

3. Per Unit of Work Contract: The cost of each completed unit of Work and/or a percentage of each partially completed unit of Work.

4. Cost Plus Fixed Fee Contracts: Incurred cost of actual Work performed plus a percentage of the fixed fee that represents the ratio of Work completed to the total amount of Work;

iii. In no event shall County be liable for costs incurred by Contractor after the specified termination date, including but not limited to anticipated profits on this Agreement, post-termination employee salaries, post-termination administrative expenses, or post-termination overhead or unabsorbed overhead.

6. REMEDIES FOR BREACH

a. County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach as provided in §5(b) above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Seek specific performance; Withhold payment to Contractor until Contractor cures its breach; Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work.

i. If County terminates this Agreement for breach or convenience, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following:

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1. Halting performance of all services and other Work on the date(s) and in the manner specified by County;

2. Not placing any further orders or subcontracts for materials, services, equipment, or other items;

3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances;

4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated.

Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts;

6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County;

7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.

ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.

b. Contractor Remedies. If County is in breach under any provision of this Agreement and fails to cure such breach as provided in §5 above, Contractor may terminate this Agreement and shall have all remedies available by law and equity.

c. No Binding Arbitration. Larimer County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement, whether expressly stated or by incorporation, shall be null and void. Any provision rendered null and void by this provision shall not invalidate the reminder of this Agreement.

7. NOTICE & REPRESENTATIVES

a. All notices required or permitted under this Agreement shall be in writing and delivered in person, or by certified or registered mail to the following designated party representatives (“Contract Administrator”):

i. If to County: Clint Jones, Project Manager Larimer County Engineering Department 200 West Oak Street, Suite 3000 PO Box 1190 Fort Collins CO 80522

ii. If to Contractor:

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b. Notices delivered in person or by certified or registered mail are effective upon delivery.

8. LIABILITY

a. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of the monetary limits, notice requirements, immunities, rights, benefits, defenses, limitations and protections available to County under any applicable law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et. seq., as currently written or hereafter amended or implemented.

b. General Liability & Intellectual Property Indemnification.

i. Contractor shall be responsible for and hold harmless County, its employees, officials, and agents for any losses and liabilities incurred by County, its employees, officials, and/or agents, that are attributable to the negligence or fault of Contractor, its employees, agents, subcontractors, or assignees in connection with this Agreement; and

ii. Contractor shall indemnify and hold harmless County, it’s employees, officials, and agents for any losses and liabilities incurred by County, it’s employees, officials, and/or agents, in relation to any claim that any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right.

c. Duty to Defend. Contractor shall defend the County, it’s employees, officials, and agents, by attorneys and other professionals reasonably approved by them against any claims, suits, actions or proceedings related to the losses, liabilities, and indemnity set forth in §8(b)(i) and (ii) above. In no event shall any matter be settled without prior approval by the County.

d. Insurance. Contractor shall obtain, and maintain continuously for the term of this Agreement, at its expense, the insurance types and amounts set forth in Bid Documents.

Contractor is not relieved of any liability or other obligations due to its failure to obtain or maintain insurance in sufficient amounts, durations, or types.

e. No Pledge of Credit or Aid to Corporations. Pursuant to Colorado Constitution Article XI, §1 and 2, and Article X, §20, County shall not indemnify or hold harmless Contractor, or any party related to or operating under this Agreement. No provision of this Agreement shall limit or set the amount of damages available to County to any amount other than the actual direct and indirect damages to County, regardless of the theory or basis for such damages. Any provision included or incorporated in this Agreement by reference which purports to negate this provision in whole or in part, or which conflicts with its terms, shall not be valid or enforceable or available in any action at law or equity, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by this provision shall not invalidate the remainder of this Agreement.

9. GENERAL PROVISIONS

a. Independent Contractor. Contractor is an independent contractor and under no circumstance will Contractor or any agent or employee of Contractor be deemed an employee of County. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through County, and Contractor is solely responsible to provide such benefits at its sole cost.

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b. No Assignment. All rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior written consent by the other party, and any such transfer or assignment shall subject the transferee/assignee to all provisions of this Agreement.

c. Standard and Manner of Performance. Contractor shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession.

d. Not Exclusive. Contractor is not guaranteed any work except as expressly stated herein, and this Agreement does not create an exclusive contract for the Work.

e. Choice of Law, Jurisdiction and Venue. Colorado law shall be applied in the interpretation, execution and enforcement of this Agreement. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and venue shall be in Larimer County, Colorado.

f. Contractor’s Records. Contractor shall maintain a file of all documents, records, communications, notes, accounting records and other materials relating to the Work, including documents, records, communications, notes, and other materials related to the Work performed by subcontractors or agents (collectively the “Contractor’s Records”), for a minimum of three (3) years from the date of final payment to Contractor under this Agreement. During performance of the Work and for the required record retention period, Contractor shall permit duly authorized agents and employees of County to enter Contractor’s offices to inspect, review, copy, examine, and/or audit Contractor’s Records at all reasonable times with a minimum of two (2) business days’ notice from County.

g. Debarment. Contractor certifies by signing this Agreement that neither Contractor, the organization, nor its principals are suspended or debarred or otherwise excluded from procurement by the Federal government and do not appear on the System for Award Management (SAM) exclusions list maintained by the General Services Administration

(GSA).

h. Authority. Each party represents and warrants that the execution and delivery of this Agreement and the performance of such party’s obligations have been duly authorized.

i. No Third-Party Beneficiaries. This Agreement is for the sole benefit of County and Contractor and nothing herein shall be construed as giving any benefits, rights, remedies, or claims to any other person or entity. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to County and Contractor. Any services or benefits which third parties receive as a result of this Agreement are incidental.

j. Public Records. County is subject to the Colorado’s Open Records Act (“CORA”) and Contractor acknowledges that this Agreement is disclosable to the public pursuant to CORA. Additionally, Contractor understands that other records and information related to this Agreement may be subject to public disclosure pursuant to CORA, and County will release any such records per the requirements of CORA. County shall not be responsible for any damages or claims related to its disclosure of records or information it determines must be disclosed pursuant to CORA or any other applicable law.

k. Laws and Regulations. Contractor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, Title II of the Americans with Disabilities Act of 1990, as amended, as well as laws applicable to discrimination and unfair employment practices. SAMPLE

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l. Ownership of Work Product. The tangible and intangible products of the Work performed under this Agreement, including but not limited to documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, pictures, negatives, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work (“Work Product”), are intended to be works made for hire and shall be solely owned by County. Contractor assigns to County all right, title, and interest to all Work Product, and agrees to cooperate and execute any documents in furtherance of County securing and/or protecting its intellectual property rights related to the Work Product. Work Product does not include any material developed by Contractor prior to the effective date of this Agreement that is used, without modification, in performance of the Work.

m. Counterparts and Signatures. This Agreement may be executed in several identical counterparts, all of which taken together shall constitute one single agreement between the parties. Facsimile signatures and signatures transmitted via portable document format (PDF) shall be considered as original signatures.

n. Warranty. The Contractor warrants and represents that it shall perform services in a timely, competent, and professional manner, and that all products and/or services furnished hereunder: (1) will conform in all respects to the terms of the contract documents, including any drawings, specifications or standards incorporated herein; (2) are in good working order and condition; (3) are free from defects in design, materials, and workmanship; and

(4) are merchantable and fit for their particular purpose. All provisions and remedies of the Colorado Uniform Commercial Code, C.R.S. Title 4, relating to implied and express warranties are incorporated herein, in addition to any warranties contained in the contract documents.

o. Right of Removal. The County retains the right to demand, at any time, regardless of whether Contractor is in breach, the immediate removal of any of Contractor’s employees, agents, or subcontractors from the work whom the County, in its sole discretion, deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the County to be contrary to the public interest or the County’s best interest.

p. Digital Accessibility. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (“ADA”), as amended (42 U.S.C. Sec. 1201 et seq.), programs, services and other activities provided by a public entity to the public, whether directly or through a vendor, must be accessible to people with disabilities. Contractor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation at all times and at no additional cost to County, including but not limited to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et. seq.; and the Colorado Anti-Discrimination Act, C.R.S. 24-34-401 et. seq., as amended; and the Colorado Accessibility Standards for Individuals with a Disability, C.R.S. 24-85-101 et. seq., C.R.S. § 24-34-802 and C.R.S. § 24-85-103. Such compliance may include, but not be limited to supporting assistive software or devices such as large print interfaces, text-to-speech output, voice activated input, refreshable braille displays, and alternative keyboard or pointer interfaces, in a manner that, at minimum, is consistent with 8 CCR 1501-11, and version 2.1 Level AA of the Web Content Accessibility Guidelines (https://www.w3.org/TR/WCAG21/#background-on-wcag-2) or its successor standard as updated and adopted by any regulatory entity of competent jurisdiction.

Contractor shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility at any time. The only exception to

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the WCAG 2.1 Level AA compliance requirement is if making such modifications would fundamentally alter the nature of the service, program, or activity or present an undue financial, technical, or administrative burden.

q. Invoices. Unless a shorter time period is stated in another provision of the Contract, all invoices from the Contractor to County requesting payment for services/goods provided must be received by County sixty (60) days following the month in which such services/goods were provided or conducted. Failure to ensure that the County receives such invoices within this period of time shall result in all payment obligations associated with such services/goods identified in the delinquent invoice(s), even if reinserted or reclaimed in another invoice, being waived and County shall have no obligation to pay for such services/goods.

Remainder of Page Left Intentionally Blank Signature Page Follows

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BOARD OF COUNTY COMMISSIONERS

OF LARIMER COUNTY

By: ___ Chair

Date:________________________________________

Attest:

Deputy Clerk

CONTRACTOR

Company Name

By:

Signature

Date:________________________________________

Printed Name Title

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Project No. 5025 Timnath Pedestrian Trail Bridge

BID SCHEDULE

BID No. B25-13

Date: June 4, 2025

Revision Date: ___________

REF

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CONT

ITEM CONTRACT ITEM

APPROX.

QUAN. UNITS

UNIT PRICE

(2 decimals only)

EXTENDED

AMOUNT

1 201 Clear and Grub 1 L S -$

2 202 Removal of Tree 9 EACH -$

3 202 Tree Trimming 8 EACH -$

4 202 Removal of Concrete 82 SY -$

5 202 Removal of Fence 125 LF -$

6 203 Unclassified Excavation 487 CY -$

7 203 Unsuitable Material (Complete In Place) 1287 TON -$

8 203 Borrow (R<40) (Complete In Place) 700 CY -$

9 203 Blading 50 HOUR -$

10 206 Structure Excavation 110 CY -$

11 206 Structure Backfill (Special) 90 CY -$

12 207 Topsoil 2017 CY -$

13 207 Stockpile Topsoil 2017 CY -$

14 207 Wetland Topsoil 393 CY -$

15 207 Stockpile Wetland Topsoil 393 CY -$

16 208 Silt Fence 1300 LF -$

17 208 Erosion Log Type 3 (12 Inch) 8900 LF -$

18 208 Concrete Washout Structure 2 EACH -$

19 208 Vehicle Tracking Pad 2 EACH -$

20 208 Erosion Control Management 10 DAY -$

21 210 Adjust Manhole 1 EACH -$

22 211 Dewatering 1 L S -$

23 216 Soil Retention Blanket (Special) 1315 SY -$

24 217 Herbicide Treatment 40 HOUR -$

25 240 Wildlife Biologist 20 HOUR -$

26 240 Prairie Dog Management 1 L S -$

27 304 Aggregate Base Course (Class 6) 3658 TON -$

28 304 Crusher Fines 1000 TON -$

29 420 Geotextile (Erosion Control) (Class 1) 775 SY -$

ATTACHMENT A

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BID SCHEDULE

BID No. B25-13

Date: June 4, 2025

Revision Date: ___________

REF

NO.

CONT

ITEM CONTRACT ITEM

APPROX.

QUAN. UNITS

UNIT PRICE

(2 decimals only)

EXTENDED

AMOUNT

30 503 Micropile (5 Inch) 270 LF -$

31 503 Verification Test Pile 2 EACH -$

32 506 Riprap (12 Inch) 175 CY -$

33 509 Prefabricated Steel Structure with Concrete Deck 1 L S -$

34 514 Pedestrian Railing (Steel Tubing) 60 LF -$

35 601 Concrete Class D (Wall) 54 CY -$

36 602 Reinforcing Steel 8365 LB -$

37 603 42 Inch Equivalent Corrugated Steel Pipe Arch (Complete In Place) 72 LF -$

38 603 12 Inch Steel End Section (Complete In Place) 8 EACH -$

39 603 18 Inch Steel End Section (Complete In Place) 4 EACH -$

40 603 12 Inch Plastic Pipe (Complete In Place) 92 LF -$

41 603 18 Inch Plastic Pipe (Complete In Place) 140 LF -$

42 607 End Post (Wood) 10 EACH -$

43 607 Fence Wire wit Metal Posts 1250 LF -$

44 607 16 Foot Gate (Metal) 4 EACH -$

45 608 Detectable Warnings 32 SF -$

46 608 Concrete Bikeway (6 Inch) (Fiber) 4575 SY -$

47 608 Concrete Bikeway (8 Inch) (Fiber) 942 SY -$

48 614 Ground Sign Panel and Post 4 EACH -$

49 614 Pedestrian Crossing Signal System 1 EACH -$

50 620 Field Office (Class 2) 1 EACH -$

51 620 Sanitary Facility 2 EACH -$

52 625 Construction Surveying 1 L S -$

53 626 Mobilization 1 L S -$

54 627 Preformd Thermoplastic Pavement Mkg (125 Mils) 120 SF -$

55 630 Flagging 160 HOUR -$

56 630 Construction Traffic Control 1 L S -$

57 630 Traffic Control Inspection 60 DAY -$

58 630 Traffic Control Management 20 DAY -$

59 700 Force Account - Minor Contract Revisions 1 F A $ 140,000.00 140,000.00$

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BID SCHEDULE

BID No. B25-13

Date: June 4, 2025

Revision Date: ___________

REF

NO.

CONT

ITEM CONTRACT ITEM

APPROX.

QUAN. UNITS

UNIT PRICE

(2 decimals only)

EXTENDED

AMOUNT

60 700 Force Account - On-The-Job Trainee 1 F A $ 2,000.00 2,000.00$

61 700 Force Account - Erosion Control 1 F A $ 5,000.00 5,000.00$

62 700 Force Account - Weed Management 1 F A $ 2,000.00 2,000.00$

63 700 Force Account - Wildlife Mgmt 1 F A $ 10,000.00 10,000.00$

TOTAL……

Contractor's Name

159,000.00$ (Please Print)

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June 4, 2025 RISK MANAGEMENT DIVISION |

ATTACHMENT B

INSURANCE REQUIREMENTS

PN 5025: Timnath Poudre River Trail

Prior to commencement of any work, contractor/vendor shall provide a Certificate of Insurance issued to Larimer County, 200 West Oak St., Suite 4000, Fort Collins, Colorado 80521 as the Certificate Holder. The insurance required herein shall be procured and maintained in full force and effect for the duration of the Contract or Agreement and shall be written for not less than the following amounts, or greater if required by law. Such certificate shall be delivered to InsuranceCert@larimer.org.

I. Workers' Compensation and Employers' Liability

A. Workers’ Compensation: Statutory B. Employer's Liability: $100,000 Each Accident

$500,000 Disease-Policy Limit $100,000 Disease-Each Employee

C. Waiver of Subrogation in favor of Larimer County D. If the contractor/vendor is not required to carry Workers’ Compensation coverage per Colorado

Workers’ Compensation Act 8-40-202(2)(b) a signed Workers’ Compensation waiver must be provided.

II. Commercial General Liability on an Occurrence Form with minimum limits as follows:

A. Per Occurrence Limit $1,000,000 B. General Aggregate Limit $2,000,000 C. Contractor/Vendor agrees that the insurance afforded the County is primary non-contributory.

III. Automobile Liability Insurance including coverage for all owned, non-owned, & hired autos. Limits to be as follows:

A. Bodily Injury & Property Damage Combined Single Limit $1,000,000 B. Lower limits may be accepted if automobiles are not used for transport in relation to goods/service provided as outlined in agreement (i.e. only commuting to job site).

IV. Minimum required limits set forth herein may be met by utilizing a combination of excess/umbrella policies in conjunction with primary insurance policies if necessary.

V. General Liability and Automobile Liability insurance policies shall include Larimer County and its elected and appointed officials and employees and CDOT as additional insureds as their interests may appear.

VI. The County reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Insurance Companies shall be licensed to do business in the State of Colorado and shall have an AM Best rating of not less than A- VII.

VII. Notice of Cancellation: Each insurance policy required by the insurance provision of this Contract or Agreement shall provide the required coverage and shall not be suspended, voided, or canceled.

Should any of the required policies be cancelled before the expiration date, notice shall be delivered to Larimer County, 200 West Oak St. Suite 4000, Fort Collins, CO 80521 or InsuranceCert@larimer.org.

VIII. Subcontractors: If subcontractors are used by contractor/vendor in the performance of contracted services, all subcontractors are required to carry insurance coverage consistent with the limits as listed in this document and the subcontractor must include Larimer County an additional insured as described in section V.

ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE APPROVED BY THE

LARIMER COUNTY RISK MANAGEMENT DIVISION.

mailto:InsuranceCert@larimer.org

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

ATTACHMENT C

1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR

230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability;

making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data.