HomeMy WebLinkAboutKIEWIT WESTERN CO - CONTRACT - CONTRACT - FORT COLLINS AIRPORTAGREEMENT FORM FOR IMPROVEMENTS TO
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
LOVELAND,COLORADO
AIP PROJECT NO. 3-08-0023-19
THIS AGREEMENT, made and entered into this /�-� day of 12005,
by and between the Cities of Loveland and Fort Collins, hereinafter referred to as the
"Owner" and KIEWIT WESTERN CO.
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. 3-08-0023-19, Awarded
Schedule(s) one, two, and three in strict accordance with the
Contract Documents, Plans, and Specifications dated July 8, 2005, prepared by CH2M HILL,
for improvements to Fort Collins -Loveland Municipal Airport. The Contractor shall
complete this work within 15 working days, not to exceed 28 calendar days, from the
effective date of the Notice to Proceed for Phase 1.
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, will 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,
Commercial Apron Hardstand, under AIP Project No. 3-08-0023-19, 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, Commercial Apron Hardstand, under AIP Project
DEN/331092.AA.HS
00511I2 1 AGREEMENT FORM
GLOBAL SURETY & INSURANCE CO.
(A Stock Company)
Omaha, Nebraska 68131
Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact
KNOW ALL MEN BY THESE PRESENTS, That Global Surety & Insurance Co., a corporation duly organized under the laws of the
State of Nebraska, and having its principal office in the City of Omaha, County of Douglas, State of Nebraska, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
Philip G. Dehn, Paul A. Foss
Jennifer L. Miller, Janet R. Nielsen and Tammy J. Pike
Of Omaha, Nebraska, its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred tosign, execute and acknowledge, at
any place within the United States, the following instrument(s) for Global Surety & Insurance Co, as surety, by his or her sole signature and act;
Any and all bonds, undertakings and other writings obligatory in the nature of a bond and to bind Global Surety & Insurance Co., thereby as fully
and to the same extent as if the same were signed by the duly authorized officers of Global Surety & Insurance Co., and all the acts of said
Attorneys -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of the By-laws which are now in full force and effect and
are the only applicable provisions of said By-laws:
ARTICLE V — Section 6. The President, any Vice President, or any Secretary may from time to time appoint Attorneys -in -Fact to act for and on
behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the
Company's name and seal with the Company's seal, bonds, recognizances, contracts of indemnity, consents of surety, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertakings, and any of said officers or the Board of Directors may at
any time remove any such appointee and revoke the power and authority given him.
1R.TICLE V — Section 7. Any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President or a Vice President, and duly attested and
sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed under seal, if required, by one or more
Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority ofahe following resolution
dopted by the Board of Directors of Global Surety & Insurance Co., at a meeting duly called and held on the 9th day of August, 2004.
RESOLVED: That the signature of Philip G. Dehn, President, and the seal of the Company may be affixed by facsimile to any power of
ttorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings
ad other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile
;al shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
tall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, Global Surety & Insurance Co., has caused this instrument to be signed by its President and its corporate
:al to be hereto affixed, this 9th day of August, A.D., 2004.
lob Suret & I suranc Co.
By
Ph resident G. hn, President
ate of Nebraska, County of Douglas — as;
On this 9th day of August, 2004, before me personally came Philip G. Dehn, to me know, being by me duly sworn, did depose and say:
at he is the President of Global Surety & Insurance Co., the corporation described in and which executed the above instrument, at its Home
Tice; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he executed the said
;trument on behalf of the corporation by authority of his office under the By-laws thereof.
-- GENERAL NOTARY -State of Nebraska
LAURIE S. VIK ! l
My Comm. UP. March 5, 2007 Notary Public
My Commission Expires March 5, 2007
CERTIFICATE
I, Michael F. Norton, Secretary of Global Surety & Insurance Co., a stock corporation of the State of Nebraska, DO HEREBY CERTIFY
Lt the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore,
Lt Article V of Sections 6 and 7, of the By-laws of the Company, and the Resolution of the Board of Directors, as set forth in the Certificate of
thority, are now in force.
ned and Sealed at the Home Office of the Company, in the City of Omaha, State of Nebraska. Da this 29 day of
August 2005 .
Michael F. Norton, Secretar
v. w41
CO.
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes
a short-term program under which the Federal Government will share
in the payment of covered losses caused by certain acts of
international terrorism. We are providing. you with this notice to
inform you of the key features of the Act, and to let you know what
effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the Act.
The Act further provides that the Federal Government will pay a
share of such losses. Specifically, the Federal Government will pay
90% of the amount of covered losses caused. by certain acts of
terrorism which is in excess of Global's statutorily established
deductible for that year. The Act also caps the amount of terrorism -
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer has
met its deductible.
Please note that passage of the Act does not result in any change in
coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional premium
charge has been. made for the terrorism coverage required by the .
Act. The premium charge that is allocable to such coverage is
inseparable from and imbedded in your overall premium, and is no
more than one percent of your premium.
BOND NO. 4045
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Kiewit Western Co.
as Principal, and Global Surety & Insurance Co.
a corporation organized and existing under and by virtue of the laws of the State of
Nebraska , 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,
h ereinafter referred to as the Owner, in the penal sum of Three Hundred Seventy Seven
Thousand Nine Hundred Five 00/100---------- dollars
(100 percent of Contract. Value)
( 377,905.00 ),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, Commercial
Apron Hardstand, under A1P Project No. 3-08-0023-19, 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 CONDMONS 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 contract price by more than 25 percent in
excess of the original contract price without notice to the Surety, then this obligation to be
void, otherwise to remain in full force and virtue, and comply; and shall satisfy all claims and
demands incurred in the performance of said contract and shall fully indemnify and save
harmless the 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/331092.AA.HS
nn5 viT t PAYMENT BOND
any default based upon the failure of the Principal to fulfill his obligation to furnish
maintenance, repairs or replacements for the full guarantee period provided in the
specification contained herein and a condition of this bond shall be that the Contractor shall
at all times promptly make payments of all amounts lawfully due to all persofis 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 full force and effect.
PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor,
materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuels, oils,
grease, coal, or any other supplies or materials used or consumed by said Contractor or his
subcontractors in performance of the work contracted to be done, the Surety will pay the
same in any amount as provided by law -
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the contract or
the specifications accompanying the same shall in 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
Omaha, Nebraska , this 29
A.D.
Global Surety & Insurance Co.
Surety
day of August 2005,
Kiewit Western Co.
an'Ant1
Attest:
By: UP / ,
nni er i t y-in-Fact
_41
Attest:
(SEAL)
Michael F. Norton, Secretary
wwatic �. �
1 } 4SS4• 1�cc, ,
(Accompany this bond with Attomey4n-Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
END OF SECTION
DEN/331092.AA.HS
GLOBAL SURETY & INSURANCE CO.
(A Stock Company)
Omaha, Nebraska 68131
Power of Attorney and Certificate of Authority of Attorneys) -in -Fact
KNOW ALL MEN BY THESE PRESENTS, That Global Surety & Insurance Co., a corporation duly organized under the laws of the
State of Nebraska, and having its principal office in the City of Omaha, County of Douglas, State of Nebraska, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
Philip G. Dehn, Paul A. Foss
Jennifer L. Miller, Janet R. Nielsen and Tammy J. Pike
Of Omaha, Nebraska, its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at
any place within the United States, the following instrument(s) for Global Surety & Insurance Co. as surety, by his or her sole signature and act;
Any and all bonds, undertakings and other writings obligatory in the nature of a bond and to bind Global Surety & Insurance Co., thereby as fully
and to the same extent as if the same were signed by the duly authorized officers of Global Surety & Insurance Co., and all the acts of said
Attorneys -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of the By-laws which are now in full force and effect and
are the only applicable provisions of said By-laws:
ARTICLE V — Section 6. The President, any Vice President, or any Secretary may from time to time appoint Attorneys -in -Fact to act for and on
behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the
Company's name and seal with the Company's seal, bonds, recognizances, contracts of indemnity, consents of surety, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertakings, and any of said officers or the Board of Directors may at
anytime remove any such appointee and revoke the power and authority given him.
ARTICLE V — Section 7. Any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President or a Vice President, and duly attested and
sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed under seal, if required, by one or more
Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following resolution
}dopted by the Board of Directors of Global Surety & Insurance Co., at a meeting duly called and held on the 9th day of August, 2004.
RESOLVED: That the signature of Philip G. Dehn, President, and the seal of the Company may be affixed by facsimile to any power of
tttorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings
nd other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile
eal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
hall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, Global Surety & Insurance Co., has caused this instrument to be signed by its President and its corporate
aal to be hereto affixed, this 9th day of August, A.D., 2004.
lob b Suret &
Bliy , uranc Co.
President
ate of Nebraska, County of Douglas — as;
On this 9th day of August, 2004, before me personally came Philip G. Dehn, to me know, being by me duly sworn, did depose and say:
.at he is the President of .Global Surety & Insurance Co., the corporation described in and which executed the above instrument, at its Home
Bice; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he executed the said
strument on behalf of the corporation by authority of his office under the Bylaws thereof.
=XLAURIE
.late of Nebraska S. VIK L/Exp. March 5, 2001 j Notary Public
My Commission Expires March 5, 2007
CERTIFICATE
I, Michael F. Norton, Secretary of Global Surety & Insurance Co., a stock corporation of the State of Nebraska, DO HEREBY CERTIFY
at the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore,
at Article V of Sections 6 and 7, of the By-laws of the Company, and the Resolution of the Board of Directors, as set forth in the Certificate of
�thority, are now in force.
;ned and Sealed at the Home Office of the Company, in the City of Omaha, State of Nebraska. Da this 29 day of
August 2005.
Michael F. Norton, Secretar
ry R/n4)
Co.
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes
a short-term program under which the Federal Government will share
in the payment of covered losses caused by certain acts of
international terrorism. We are providing.. you with this notice to
inform you of the key features of the Act, and to let you know what
effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the Act.
The Act further provides that the Federal Government will pay a
share of such losses. Specifically, the Federal Government will pay
90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Global's statutorily established
deductible for that year. The Act also caps the amount of terrorism -
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer has
met its deductible.
Please note that passage of the Act does not result in any change in
coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional premium
charge has been. made for the terrorism coverage- required by the
Act. The premium charge that is allocable to such coverage is
inseparable from and imbedded in your overall premium, and is no
more than one percent of your premium.
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CITY OF FORT COLLINS, CO AND THE CITY OF LOVELAND, CO ARE NAMED AS ADDITIONAL
INSUREDS ON A PRIMARY BASIS WITS A WAIVER OF SUBROGATION
RE: PROJECT NO. 3-08-0023-19, IMPROVEMENTS TO FORT COLLINS-LOVELAND MUNICIPAL
AIRPORT, COMMERCIAL APRON HARDSTAND
JOB NO. 15-7914
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MUNICIPAL AIRPORT
4900 EARHART ROAD
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No. 3-08-0023-19, 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.
Airport Improvement Program Project. The work in this Contract is included
in Airport Improvement Program Project No. 3-08-0023-19 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.
2. 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.
3. Convict Labor. No convict labor shall be employed under this contract.
4. 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/331092.AA.HS
00511I2 2 AGREEMENT FORM
7. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used in
the performance of this contract.
8. Subcontracts. The Contractor shall insert in each of his subcontracts the
provisions contained in paragraphs 1, 3, 4, 5, 6. and 7 of this section and also
a clause requiring the subcontractors to include these provisions in any lower
tier subcontracts which 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. The 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/331092.AA.HS
00511I2 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 itself, 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.
2. Nondiscrimination. The Contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, sex, age,
color, or national origin in the selection and retention of subcontractors,
including 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
reports 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 Sponsor or the FAA
to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Sponsor or the FAA as
appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this contract, the Sponsor shall
impose such contract sanctions as it or the FAA may determine to be
appropriate, including, but not limited to:
DEN/331092.AA.HS
00511I2 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 Sponsor 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 Sponsor to enter into
such litigation to protect the interests of the Sponsor and, in addition, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
7. Breach of Contract Terms Sanctions — 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.
8. Termination of Contract — 49 CFR Part 18
a) The Sponsor may, by written notice, terminate this contract in whole
or in part at any time, either for the Sponsor's convenience or because
of failure to fulfill the contract obligations. Upon receipt of such
notice services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered
to the Sponsor.
b) If the termination is for the convenience of the Sponsor, an equitable
adjustment in the contract price shall be made, but no amount shall be
allowed for anticipated profit on unperformed services.
c) If the termination is due to failure to fulfill the contractor's
obligations, the Sponsor 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 sponsor for any additional cost
occasioned to the Sponsor 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/331092.AA.HS
00511I2 5 AGREEMENT FORM
shall be deemed to have been effected for the convenience of the
Sponsor. In such event, adjustment in the contract price shall be made
as provided in paragraph D.8.b) of this clause.
e) The rights and remedies of the sponsor provided in this clause are in
addition to any other rights and remedies provided by law or under this
contract.
9. 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 Sponsor.
10. Inspection of Records — 49 CFR Part 18. The contractor shall maintain an
acceptable cost accounting system. The Sponsor, 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 Sponsor 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 (81h) Judicial District (Fort Collins, Latimer County, Colorado).
DEN/331092.AA.HS
00511I2 6 AGREEMENT FORM
L Y
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.
The total estimated cost for the Commercial Apron Hardstand under AIP Project
No. 3-08-0023-19, thereof to be Three Hundred Seventy-seven Thousand
Nine Hundred and Five
Dollars ($_377 , 905. 00
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused
this agreement to be duly executed the day and year first herein written in six (6) copies, all
of which to all intents and.purposes shall be considered as the original.
OWNER, First Party
p.T
9 �
ATTEST:
City of Fort Collins
(
ATT T :
By
By/'/z/Zt
i
Title Mark P. Campbell, Asst. Secry.
City of Loveland
By F-- W
City Manager
CONTRACTOR, Second Party
Kiewit Western Co.
7926 S. Platte Canyon Road
Littleton, CO 80128
Iitle ieiirey n. &resi, area manager
END OF SECTION
APP VED AS TO FORM
sr:
AWWMNT cmr AT CR&Y - Lqa4MA
DEN/331092.AA.HS
00511I2 7 AGREEMENT FORM
BOND NO. 4045
PERFORMANCE BOND
KNOW ALL MIEN BY THESE PRESENTS:
That we, the undersigned, Kiewit Western Co.
as Principal, and Global Surety & Insurance Co.
a corporation organized and existing under and by virtue of the laws of the State of
Nebraska , 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
Thousand Nine Hundred Five 00/100---------
Three Hundred Seventy Seven
(100 percent of Contract Value)
dollars
($ 377 ,905.001, 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,
Commercial Apron Hardstand; under AIP Project No. 3-08-0023-19, 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 sayp 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
DEN/331092.AA.HS
+ vFRF(1RMAN(`F RC1Nt)
they may incur in making good any default based upon the failure of the Principal to fulfill
his obligation to furnish maintenance, repairs or replacements for the full guarantee period
provided in the specification contained herein then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
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 after the completion and
acceptance of the work, at no cost to the Owner.
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the Contract
or to the work to be performed thereunder, or the specifications accompanying the same shall
in 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
Omaha, Nebraska
this 29 day of August
Global Surety & Insurance Co.
2005, A.D.
Kiewit Western Co.
Principa Contractor))
By: C��>
�n 4Itk Y• J9Mn wwry � V.
Attest:
�rxv oil ' ssi-
Surety
r L
i
e ni er 1 o ney-in-Fact
Attest.
(S L
Michael F. Norton, Secretary
(Accompany this bond with Attomey-In-Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
END OF SECTION
DEN/331092.AA.HS