HomeMy WebLinkAboutCOULSON CONNELL CH2M HILL - CONTRACT - CONTRACT - AIP PROJECT NO 3 08 0023 21TAXIWAY REIMBURSEMENT AGREEMENTAGREEMENT FORM FOR IMPROVEMENTS TO
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
LOVELAND,COLORADO
AIP PROJECT NO.3-08-0023-21
THIS AGREEMENT, made and entered into this _ day of 2007,
by and between the Cities of Loveland and Fort Collins, hereinafter referred to as the
"Owner" and Connell Resources, Second Party, hereinafter referred to as the "Contractor"
WITNESSETH
Article 1 STATEMENT OF THE WORK. The Contractor shall furnish all labor and
materials and perform all work for improvements to Fort Collins -Loveland Municipal
Airport, Commercial Apron Hardstand, under AIP Project No. 3-08-0023-21, Awarded
Schedule(s) I, II, and III in strict accordance with the Contract Documents, Plans, and
Specifications dated May, 2007, prepared by CH2M HILL, for improvements to Fort Collins -
Loveland Municipal Airport The Contractor shall complete this work within 50 calendar
days, from the date when contract times commence to run.
Article 2 It is hereby further agreed, that, in consideration of the faithful performance of the
work by the Contractor, the Owner shall pay the Contractor the compensation due him by
reason of said faithful performance of the work, at stated intervals and in the amounts
certified by the Engineer in accordance with the provisions of this Contract.
Article 3. It is hereby further agreed, that, in the completion of the work and its acceptance by
the Owner, all sums due the Contractor by reason of his faithful completion of the work,
taking into consideration additions to or deductions from the Contract price by reason of
"Force Account" work authorized under this Contract in accordance with the provisions of
this Contract, vvill be paid the Contractor by the Owner after said completion and acceptance.
Final acceptance cannot be made by the Owner until any and all proper legal advertisements
have been made All payments shall be made in accordance with Colorado Revised
Statute 38-26-107.
Article 4. It is hereby further agreed that any reference herein to the "Contract" shall include
all "Contract Documents" as the same are listed and described in the General Provisions,
issued in connection with the improvements to Fort Collins -Loveland Municipal Airport,
Taxiway A Rehabilitation and Commercial Apron Expansion, under AIP Project No 3-08-
0023-21, and said "Contract Documents" are hereby made a part of this agreement as fully as
if set out at length herein
Article 5. It is hereby further agreed that the FAA General Provisions, the FAA Special
Provisions, and the Project Special Provisions issued in connection with the improvements to
Fort Collins -Loveland Municipal Airport, Taxiway A Rehabilitation and Commercial Apron
DEN1357044 B1 MAY 2007
00511I 1 AGREEMENT FORM
Bond No 104945624
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, the undersigned,
Connell Resources, Inc
as Principal, and Travelers Casually and Surety Company of America, Hartford, CT 06183
a corporation organized and existing under and by virtue of the laws of the State of
Connecticut , and duly authorized to transact business in the State of Colorado,
as Surety, are held and firmly bound unto the Cities of Loveland and Fort Collins, Colorado,
hereinafter referred to as the Owner, in the penal sum of Eight hundred twenty-one thousand
two hundred eleven and 25/100---------------------------------------------------------------------------- dollars
(100 percent of Contract Value)
($ 821,211 25 ), lawful money of the United Sates of America, for the payment of which
well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents, as follows:
The condition of the above obligation 1s such that.
WHEREAS, the said Principal has entered into a written contract with the Cities of
Loveland and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport
under All' Project No. 3-08-0023-21, in conformity with the Drawings, Plans, General and
Special Provisions, and Specifications prepared by CH2M HILL of Englewood, Colorado,
which Contract, Drawings, Plans, General and Special Provisions, and Specifications are
hereby referred to and made a part hereof, the same to all Intents and purposes as if written at
length herein, In which contract the said Principal has contracted to perform the work
specified in said contract in accordance with the terms hereof;
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if
the above bonded Principal shall well, truly, and faithfully perform said contract and any
alterations in and additions thereto and comply with all of the terms and provisions thereof
except that no change will be made which increases the total contract price by more than
25 percent in excess of the original contract price without notice to the Surety, then this
obligation to be void, otherwise to remain in full force and virtue, and comply; and shall fully
Indemnify and save harmless the Owner from all damages, claims, demands, expense and
charge of every kind (including claims of patent infringement) arising from any act,
omission, or neglect of said Principal, his agents, or employees with relation to said work,
and shall fully reimburse and repay to the Owner all costs, damages, and expenses which
they may incur in making good any default based upon the failure of the Principal to Will
DEN/357044 B I MAY 2007
005121 1 PERFORMANCE BOND
his obligation to 4lmtsh maintenance, repairs or replacements for the full guardntee period
provided in the specification contained herein then this obligation shall be null and void
otherwise it shall remain in full force and effect.
Further conditions of the foregoing obligations are such that the Principal and Surety
will guarantee the work performed under this Contract against defects in workmanship
performed by the Principal and all defects in materials furnished by him which appear within
a period of one calendar year after the final acceptance of the work by the Owner Under this
guarantee, the Principal and Surety shall repair or replace all defective workmanship and
material provided by the Principal appearing within 1 year afterthe completion and
acceptance of the work, at no cost to the Owner
PROVIDED FUR I HER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the Contract
or to the work to be performed thereunder, or the specifications accompanying the same shall
to any way affect its obligations of this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition to the terms of the Contract or to the work,
or the specifications
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at
Fort Collins CO ,
this — day of 2007, A D
Connell Resources, Inc
Principal (font r)
By,
Attest; a+-tg� 4
Travelers Casualty and Surety Company of America
Sure)I
q,,ttpmey-m-Fact
Attest''JQ/1
(SEAL) Witness
'?(Aceq l" this bond with Attorney-In-Fact's authority from the Surety to execute bond,
cerfrft Ulhclude the date of the bond.)
END OF SECTION
DEN1757044 B I MAY 2007
005121 2 PERFORMANCh BOND
PAYMENT BOND
KNOW ALL MEN BY 1 HESE PRESENTS'
That we, the undersigned,
Connell Resources, Inc
Bond No 104945624
as Principal, and Travelers Casualty and Surety Company of America, Hartford, CT 06183
a corporation organized and existing under and by virtue of the laws of the State of
Connecticut , and duly authorized to transact business in the State of Colorado,
as Surety, are held and firmly bound unto the Cities of Loveland and Fort Collins, Colorado,
hereinafter referred to as the Owner, in the penal sum of Eight hundred twenty-one thousand
two hundred eleven and 25/100---------------------------------------------------------------------------- dollars
(100 percent of Contract Value)
($ 82t.z 1 i zs ), lawful money of the United Sates of America, for the payment of which
well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents, as follows -
The condition of the above obligation is such that:
WHEREAS, the said Principal has entered into a written contract with the Cities of Loveland
and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport under AIP
Project No 3-08-0023-21, in conformity with the Drawings, Plans, General and Special
Provisions, and Specifications prepared by CH2M HILL of Englewood, Colorado, which
contract, drawings, plans, General and Special Provisions, and specifications are hereby
referred to and made a part hereof, the same to all intents and purposes as if written at length
herein, in which contract the said Principal has contracted to perform the work specified in
said contract in accordance with the terms hereof;
NOW THEREFORE, THE CONDITIONS OF THE OBLIGATION are such that if
the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by
the Principal in the performance of said contract and any additions thereto, except that no
change will be made which increases the total contractprice by more than 25 percent In
excess of the original contract price without notice to the Surety, then this obligation to be
void, otherwise to remain in full force and virtue, and comply; and shall satisfy all claims and
demands Incurred in the performance of said contract and shall fully indemnify and save
harmless the Owner from all damages, claims, demands, expense and charge of every kind
(including claims of patent infringement) arising from any act, omission, or neglect of said
Principal, his agents or employees with relation to said work; and shall fully reimburse and
repay to the Owner all costs, damages, and expenses which they may incur in making good
DEN/357044 BI MAY 2007
005131 1 PAYMENT BOND
any default based upon the failure ofthe Principal to fulfill his obligation to furnish
maintenance repairs or replacements for the full guarantee period provided in the
specification iunt,uncd herein and a condition of this bond shall be that the Contractor she] I
at all times promptly make payments of all amounts lawfully due to all persons supplying or
furnishing him or his subcontractors with labor and materials used or performed in the
prosecution of work provided for in the above contract, and that the undersigned will
indemnify and save harmless the Owner for the extent of any and all payments in connection
with the carrying out of such contract, then this obligation shall be null and void, otherwise it
shall remain in till force and effect,
PROVIDED FUR I HER, that 1f the said Contractor fails to fully pay for any labor,
materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuels, oils,
grease, coal, or any other supplies or materials used or consumed by said Contractor or his
subcontractors in performance of the work contracted to be done, the Surety will pay the
same in any amount as provided by law
PROVIDED FURTHRR, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the contract or
the specifications accompanying the same shall in any way affect its obligations of this bond,
and it does hereby waive notice of any such change, extension of time, alteration, or addition
to the terms of the contract or to the work, or the specifications
IN WITNH'SS WHEREOF, said Principal and Surety have set their hands and seals at
Fort Collins, CO_ _ this day of__ - -- _ _ 2007,
A
Connell Resources, Inc
Principal (Co tor)
�,.
Attest, Uo to
-ff�
Travelers Casualty and Surety Company of America
Surety:`'
" u,
0.4 P+�f� 'AIJwU-
alto ey-m-Fact
id ✓ '°..„..-r,
''i
�AJfiCSt:vV"n aQi�) t% (/�/Li
(SrAI Witness
,;,r,,rase,
n
"?'4_,,gI(Acc0h416y
this bond with Attorney- In-Fact's authority from the
Surety to execute bond,
certrfi 2t malude the dace of the bond.)
END OF SECTION
DEN/357044 RI
00 S 131
MAY 2007
PAYMENT BOND
TRAVELERS
POWER OF ATTORNEY
RED BORDER
Attorney -In Fact No 217963
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Under writers, Inc
Seaboard Surety Company
St Paul Fire and Marine Insurance Company
St Paul Guardian Insurance Company
SI Paul Mercury Insurance Company
Travelers Casualty and Surely Company
Travelers Casualty and Surcfy Company of America
United Statcs Fidelity and Guaranty Company
Certificate No 001393121
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surely Company is a cm porauon duly organized under the laws of the State of New York, that St Paul
Fite and Marine Insuranec Company, St Paul Guardian Insurance Company and St Paul Mercury fi s nance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Trdieleis Casualty and Surely Company, and Travelers Casually and Surety Company of Am erica are
corporation, duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporauon duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insnrance Company n a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the `Compamies'),I and that
the Companies do hereby make, constitute and appoint
Connie K Boston, Donald B Martin, Chns S Richmond, Darlene Krings, William C Bensler, Kelly T Urwdler, Russell J Michels, Diane F Clementson,
Valerie R Partridge, Penny R Burkard, Anthony P Shmac, Royal R Lovell, and Jennifer Winter
of the City of Greeley State of Colorado , then trice and lawful Auomey(s)-m-Pact,
each in their separate capacity if more than one is named above to sign, exccuto, seal and acknowledge any and all bonds, recognizanees, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required m penmticd'rn any actmns or proceedings allowed by law
IN WITNESS WHEREOF, [he Comp�d�� hays caused this ins min,4lo be signed ei� ipporate seals to be hereto affixed, thus 18th
Y January 2007 r p. 'N
y �p g i
Farmington Casualty CompFany ac"_ a' g.� St Paul Guardian Insurance Company
Fidelity and Guaranty do ur ir w`(` ompanIN 7 St Paul Mercury Insurance Company
s Fidelity and Guaranty Insura'nee Underwriters, Inc 'Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surely Company of America
$ a St Paul Fire and Marine Insurame Company United Stales Fidelity and Guaranty Company
7
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' FD p �xPi L * �4 L P�Ox POP L9 )pJP 9y cs ynii 1 CdP
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Stat4iroP Connecticut f By
City, of Hanford 55 /Geoo;AjTlyere,.v enwr me Prescdi nt
On this the 18Ih day of January 2007 before are personally appeared George W Thompson, who ackrmlledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc Seaboard Surety Company, St Paul Fire and Maine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers
Casualty and Surety Company Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes thcrem contained by sigmng on behalf of the corporations by himself as a duly authorized officer
G T!T
In Witness Whereof, I hereunto set my hand and official seal ' TAq
My Commission expires the 10th day of June, 2011 O i0(1BUG�
CT�
M1 . _ Teea � crPubl
58440-8-06 Printed in U S A
OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I I ,
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwiters, Inc Swboard Surety Company, St Paul File and Marine Insuance Company,
St Paul Guardian insurance Company, St Paul Mercury Insurance Company, fraV6leR Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now to full force and effect reading as follows
RESOLVED, that the Chairman, the President, city Vice Chairman, any Executive Vice President any Semor Vice President any Vice President, an} Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and AgLn s to act for and on behalf
of the Company and may gne such appointee such authonty as his or her certificate of authority may prescribe to sign with the Company s name and sealll with the
Company's seal bonds, recogmzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any
of said officers of the Board of Directors at any time may remove any such appointee and revoke the power given him or her and it is i
FURTHER RESOLVED, that the Chairman the President, any Vice Channam, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Compare, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary, and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity or witting obligatory in the nature of a bond, n,coginzance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman, any Executive Vice President any Senior Vice President or any Vice
President, any Second Vice President, the Treasiner, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealedlwith die
Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate of their certificates of authority or by one m more Company officers pursuant to a written delegation of authority, and it its
FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-m-Pact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory ui the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and burning on the
Company in the future with respect to any bond or understanding to which nits attached
1, Kon M Johanson the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc, Seaboard Surety Company St Paul Fire and Marine Insurance C�,pmpanya St Paul Guardian Insurance Company, St Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur +`Qompa» 6 fornenca�md United States Fidelity and Guaranty Company do hereby
r,`t certify that the above and foregoing its a true and correct copy of the PoweHm oey Bxcutt Yd byysy�d Compames, which is in full force and effect and has not been
revoked
IN TESTIMONY WHEREOF, I have hereunto set my hand an fuse&th s s of s d' games)this day of 20 _
o
r
Kon M Johans Assistant Secretary
` �r'A Sa9Fry w. 4 C�E
i �._ H�f\ti0nn � MAMTM1951 1927 (", xrv
�/01 WO'
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www stpaultravelersbond corn Please refer to the Attomes-In-Fact number,
the above -named individuals and the details of the bond to which the power is attached
Expansion, under AIP Project No. 3-08-0023-21, are hereby made a part of this agreement as
fully as if set out at length herein
Article 6 Contract Clauses and Requirements for Construction Contracts.
A General and Labor Clauses for All Construction Contracts and Subcontracts
1. Airport Improvement Program Project. The work in this Contract is included
in Airport Improvement Program Project No 3-08-0023-21 which is being
undertaken and accomplished by the Owner in accordance with the terms and
conditions of a grant agreement between the Owner and the United States
under the Title 49 U S C Subtitle VII and the Rules and Regulations of the
Federal Aviation Administration pursuant to which the United States has
agreed to pay a certain percentage of the costs of the project that are
determined to be allowable project costs under the Act The United States is
not a party to this contract and no reference in this contract to the FAA or any
representative thereof, or to any rights granted to the FAA or any
representative thereof, or the United States, by the Contract, makes the United
States a party to this contract
Consent to Assignment. The Contractor shall obtain the prior written consent
of the Owner to any proposed assignment of any Interest in or part of this
Contract
Convict Labor. No convict labor shall be employed under this contract
Veteran's Preference In the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to
qualified individuals who have served in the military service of the United
States [as defined in Section 101 (1) of the Soldiers' and Sailors' Civil Relief
Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorably
discharged from the service, except that preference may be given only where
that labor is available locally and the individual is qualified to perform the
work to which the employment relates.
5. Withholding, Owner from Contract. Whether or not payments or advances to
the Owner are withheld or suspended by the FAA, the Owner may withhold or
cause to be withheld from the Contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics
employed by the Contractor or any subcontractor on the work the full amount
of wages required by this contract
6. Nonpayment of Wages If the Contractor or any subcontractor fails to pay any
laborer or mechanic employed or working on the site of the work any of the
wages required by this contract, the Owner may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension of
any further payment or advance of funds until the violations cease.
DEN/357044 B 1 MAY 2007
00511I 2 AGREEMENT FORM
FAA Inspection and Review The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used in
the performance of this contract
Subcontracts The Contractor shall insert in each of his subcontracts the
provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and also a
clause requiring the subcontractors to include these provisions in any lower
tier subcontracts which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made
9 Contract Termination- A breach of paragraphs 6, 7, and/or 8 may be grounds
for termination of the Contract.
B Bonding Clauses for Construction Contracts and Subcontracts
The Contractor agrees to furnish a performance bond for 100 percent of the
Contract price This bond is one that is executed in connection with a contract
to secure fulfillment of all the Contractor's obligation under such contract.
2 The Contractor agrees to furnish a payment bond for 100 percent of the
Contract price. This bond is one that is executed in connection with a contract
to assure payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the Contract.
C. Lobbying and Influencing Federal Employees
No Federal appropriated funds shall be paid, by or on behalf of the Contractor,
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal Grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. if any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any
]Federal contract, grant, loan, or cooperative agreement, the Contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities,"
in accordance with its instructions
3. 'Me Contractor shall require that the language of paragraphs 1 and 2 of this
section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and
DEN/357044 B t MAY 2007
00511I 3 AGREEMENT FORM
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly
D Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts
Unless Otherwise Indicated. During the performance of this contract, the Contractor,
for itse If, its assignees and successors in interest (hereinafter referred to as the
"Contractor") agrees as follows
Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are incorporated by reference and made
a part of this contract.
Nondiscrimination. The Contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, sex, age,
color, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment The Contractor
shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the
Regulations
3. Solicitations for Subcontractors Including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation
made by the Contractor for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, sex, age, color, or natural origin
4. Information and Reports The Contractor shall provide all information and
i eports required by the Regulations or directive issued pursuant hereto, and
shall permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Owner or the FAA
to be pertinent to ascertain compliance with such Regulations, orders and
instructions Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Owner or the FAA as
appropriate, and shall set forth what efforts it has made to obtain the
information
Sanctions for Noncompliance In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this contract, the Owner shall impose
such contract sanctions as it or the FAA may determine to be appropriate,
including, but not limited to.
DEN/357044 B 1 MAY 2007
00511I 4 AGREEMENT FORM
a) Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or
b) Cancellation, termination or suspension of the contract, in whole or in
part.
6. Incorporation of Provisions The Contractor shall include the provisions of
paragraphs D 1 through 5 in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto The Contractor shall take such action with
respect to any subcontract or procurement as the Owner or the FAA may direct
as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that, in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as
a result of such direction, the Contractor may request the Owner to enter into
such litigation to protect the interests of the Owner and, in addition, the
Contractor may request the United States to enter into such litigation to protect
the interests of the United States.
Breach of Contract Terms Sanctions — 49 CFR Part 18. Any Violation or
breach of the terms of this contract on the part of the Contractor/Subcontractor
may result in the suspension or termination of this contract or such other
action which may be necessary to enforce the rights of the parties of this
agreement
Termination of Contract — 49 CFR Part 18
a) The Owner may, by written notice, terminate this contract in whole or
in part at any time, either for the Owner's convenience or because of
failure to fulfill the contract obligations Upon receipt of such notice
services shall be immediately discontinued (unless the notice directs
otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered
to the Owner.
b) If the termination is for the convenience of the Owner, an equitable
adjustment in the contract price shall be made, but no amount shall be
allowed for anticipated profit on unperformed services
c) If the termination is due to failure to fulfill the contractor's obligations,
the Owner may take over the work and prosecute the same to
completion by contract or otherwise In such case, the contractor shall
be liable to the Owner for any additional cost occasioned to the Owner
thereby.
d) If, after notice of termination for failure to fulfill contract obligations,
it is determined that the contractor had not so failed, the termination
DEN/357044 B 1 MAY 2007
005111 5 AGREEMENT FORM
shall be deemed to have been effected for the convenience of the
Owner. In such event, adjustment in the contract price shall be made
as provided in paragraph D 8 b) of this clause
e) The rights and remedies of the Owner provided in this clause are in
addition to any other rights and remedies provided by law or under this
contract.
Rights to Inventions/Materials All rights to inventions and materials
generated under this contract are subject to regulations issued by the FAA and
the recipient of the Federal grant under which this contract is executed
Information regarding these rights is available from the FAA and the Owner.
10 Inspection of Records — 49 CFR Part 18. The contractor shall maintain an
acceptable cost accounting system. The Owner, the FAA, the Comptroller
General of the United States shall have access to any books, documents, paper,
and records of the contractor which are directly pertinent to the specific
contract for the purposes of making an audit, examination, excerpts, and
transcriptions. The contractor shall maintain all required records for three
years after the Owner makes final payment and all other pending matters are
closed
Article 7. The Contractor agrees to accept as his full and only compensation for the
performance of all the work required under this contract such sum or sums of money as may
be proper in accordance with the price or prices set forth in the Contractor's proposal
attached hereto and made a part hereof covering all of the items
Article 8. To the extent allowed by law, the Contractor agrees to indemnify, defend, and hold
harmless the Owner, from any and all claims and damages to property and injury to persons
which may arise both of and during operations under this Contract, whether such operations
be by the Contractor or by any subcontractor or anyone directly or indirectly employed by the
Contractor or any other employee or person employed or engaged on or about, or in
connection with, the construction
Article 9 As required by Colorado Revised Statutes 24-91-103.6, the Owner hereby provides
assurance that funds adequate to cover Contract Price have been appropriated
To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the
City of Loveland or the City of Fort Collins, it shall be subject to annual appropriation
pursuant to their respective charters and Article X, Section 20 of the Colorado Constitution
Neither the City of Loveland nor the City of Fort Collins shall have any obligation to
continue this Contract in any fiscal year in which no such appropriation is made
Article 10 Venue and jurisdiction of any action will only be brought in the District Court in
and for the Eight (8"') Judicial District (Fort Collins, Larimer County, Colorado)
DEN/357044 B1 MAY 2007
00511I 6 AGREEMENT FORM
Article 11 In the event of a breach of this agreement, the breaching party shall pay to the
non -breaching party all reasonable attorney fees, cost, and other expenses, incurred by the
non -breaching party enforcing its rights as a result of said breach
Total estimated cost for Taxiway Al Extension, Northeast Drainage Improvements, and T-
Hangar Taxilane Rehabilitation under AIP Project No 3-08-0023-21, thereof to be Nine
Hundred Forty -One Thousand, Eight Hundred Thirty -One dollars and Seventy Five cents
($941,831 75) with Change Order No. 1 reducing the contract by One Hundred Twenty
Thousand, Six Hundred Twenty dollars and Fifty cents ($120,620.50) for a revised contract
total of Eight Hundred Twenty -One Thousand, Two Hundred Eleven dollars and Twenty -
Five cents ($821,211.25)
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused
this agreement to be duly executed the day and year first herein written in six (6) copies, all
of which to all intents and purposes shall be considered as the original.
ATTEST
ATTEST
OWNER, First Party
City of Loveland
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CONTRACTOR, Second Parry
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END OF SECTION
DEN/357044 B 1 MAY 2007
005111 7 AGREEMENT FORM
Client# 14427
CONRE1
ACORD,M CERTIFICATE OF LIABILITY
INSURANCE
9;S;Q; °°""""'
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4821 Wheaton Drive
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O Box 270370
Fort Collins, CO 80527
INSURERS AFFORDING COVERAGE
NAIC I#
INSURED
INSURER Zurich
Connell Resources, Inc
4305 E Harmony Rd
Fort Collins, CO 80528-9527
INSURERB American International Companies
INSURER C Pinnacol Assurance
NSURER D
NSURERE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
ADD ITYPE
NSR
OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDDIYY
POLICY EXPIRATION
DATE (MMOD
LIMITS
A
GENERAL LIABILITY
CP0375782404
06/01/07
06101/08
EACH OCCURRENCE
$1000000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$300000
CLAIMS MALE 51 OCCUR
MOD EXP (Any one person)
$10 000 I
PERSONAL &ADV INJURY
X PD Ded $5,000
GENERAL AGGREGATE
_
GEN L AGGREGATE LIMIT APPLIES PER
PRODUCTS -COMP/OP AGO
POLICY jE�LOGA
AUTOMOBILE
LIABILITY
ANY AUTO
CP0375782403
06/01/07
06/01/08
COMBINED SINGLE LIMITX
(Es accident)
rOOO
INJURY
(Per person)
ALL OWNED AUTOSBODILY
SCHEDULED AUTOS
X
BODILY INJURY
(Pa, ondo.nt)
$
HIRED AUTOS
NON -OWNED AUTOS
X
X
PROPERTY DAMAGE
(Per acGtlent)
$
Drive Other Car
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY AGG
B
EXCESSAIMBRELLA
LIABILnY
SE7274938
06/01/07
06/01108
EACH OCCURRENCE
$5 000 000
OCCUR CLAIMS MADE
X
AGGREGATE
$5 000 000
$
$
DEDUCTIBLE
X
$
RETENTION $ 1 Q 000
C
WORKERS COMPENSATION AND
4029651
06/01/07
06/01/08
X WC STATU- GTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
EL EACHACCIDENT
$500000
EL DISEASE - EA EMPLOYEE
s500000
OFFICER/MEMSER EXCLUDED?
"yyes desvibe under
SPECIALPROVISIONSb.i.
EL DISEASE -POLICY LIMIT
$500000
OTHER
II
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE CRI# 2071026 Ft Collins -Loveland Airport
Certificate holder(s) are named as additional Insured, but only as
respects liability arising out of work performed by the named insured
(Excluding Workers' Compensation)
Cities of Loveland and
Fort Collins
4900 Earhart Road
Loveland, CO 80538
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO $0 SHALL
IE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AGORD 25 )2001/0a) 1 of 2 #S3917451M388785 NIK o ACORD CORPORATION 1988
ACORD 25-S (2001/08) 2 of 2 #S3917451M388785