HomeMy WebLinkAboutKEITH CONSOLIDATED - CONTRACT - CONTRACT - FORT COLLINS AIRPORTCONTRACT AGREEMENT
ADA COMPLIANT AIRPLANE PASSENGER RAMP FOR
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
LOVELAND,COLORADO
AIP PROJECT NO. 03-08-0023-19
THIS AGREEMENT, made and entered into this 7_4� day of , 20� by
and between Cities of Loveland and Fort Collins, hereinafter referred to as the "Owner",
or , alternatively, "Sponsor" and KEITH CONSOLIDATED Second Party,
hereinafter referred to as the "Contractor." INDUSTRIES INC.
WITNESSETH:
Article 1. STATEMENT OF THE WORK The Contractor shall fumish all labor
and materials and perform all work for the ADA Compliant Airplane Passenger Ramp for
Fort Collins -Loveland Municipal Airport, Loveland, Colorado, under AIP Project
No. 03-08-0023-19, in strict accordance with the Contract Documents and Specifications
dated July 8, 2005, prepared by CH2M HILL hereinafter referred to as the "Engineer",
for the ADA Compliant Airplane Passenger Ramp for Fort Collins -Loveland Municipal
Airport, Loveland, Colorado. He shall complete this work within 150 calendar days from
the effective date of the Notice to Proceed.
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 any reference herein to the "Contract' shall
include all "Contract Documents" as the same are listed and described in the General
Provisions and Proposal of the Specifications, issued in connection with the ADA
Compliant Airplane Passenger Ramp for Fort Collins -Loveland Municipal Airport,
Loveland, Colorado, under AIP Project No.03-08-0023-19, and said "Contract
Documents" are hereby made part of this agreement as fully as if set out at length herein.
Article 4 - Contract Clauses and Requirements for Construction Contracts
General and Labor Clauses for All Construction Contracts and Subcontracts.
a. Airport Improvement Program Project. The work in this contract is
included in Airport Improvement Program Project No. 03-08-0023-19,
which is being undertaken and accomplished by the Sponsor in accordance
with the terms and conditions of a grant agreement between the Sponsor
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
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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.
b. Consent to Assignment. The Contractor shall obtain the prior written
consent of the Sponsor to any proposed assignment of any interest in or
part of this contract.
C. Airport and Airway Improvement Act of 1982_ Section 520 General Civil
Rights Provisions. The contractor/tenant/concessionaire/lessee assures that
it will comply with pertinent statutes, Executive orders and such rules as
are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from Federal
assistance. This provision obligates the tenant/concessionaire/lessee or its
transferee for the period during which Federal assistance is extended to the
airport program, except where Federal assistance is to provide, or is in the
form of personal property or real property or interest therein or structures
or improvements thereon. In these cases the provision obligates the party
or any transferee for the longer of the following periods: (a) the period
during which the property is used by the airport sponsor or any transferee
for a purpose for which Federal assistance is extended, or for another
purpose involving the provision of similar services or benefits or (b) the
period during which the airport sponsor or any transferee retains
ownership or possession of the property. In the case of contractors, this
provision binds the contractors from the bid solicitation period through the
completion of the contract.
d. Convict Labor. No convict labor shall be employed under this contract.
e. Airport and Airway Improvement Act of 1982_ Section 515 Veteran's
Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to
veterans of the Vietnam era and disabled veterans. However, this
preference shall apply only where the individuals are available and
qualified to perform the work to which the employment relates.
f. Withholding, Sponsor from Contractor. Whether or not payments or
advances to the Sponsor are withheld or suspended by the FAA, the
Sponsor 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.
g. 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 Sponsor may, after written
notice to the Contractor, take such action as may be necessary to cause the
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suspension of any further payment or advance of funds until the violations
cease.
h. 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.
i. Subcontracts. The Contractor shall insert in each of his subcontracts the
provisions contained in paragraphs 1. a, c., d., e., and f. 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.
j.. Contract Termination. A breach of paragraphs 1. d or a may be grounds
for termination of the contract.
2. 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:
a. 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.
b. 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.
C. 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.
d. 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
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appropriate, and shall set forth what efforts it has made to obtain the
information.
e. 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:
1) Withholding of payments to the Contractor under the contract until
the Contractor complies, and/or
2) Cancellation, termination or suspension of the contract, in whole or
in part.
f. Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs 2.& through e. 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.
g. 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.
h. Termination of Contract — 49 CFR Part 18
1) 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.
2) 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.
3) 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.
4) If, after notice of termination for failure to fulfill contract
obligations, it is determined that the contractor had not so failed,
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the termination shall be deemed to have been effected for the
convenience of the Sponsor. In such event, adjustment in the
contract price shall be made as provided in paragraph 2.h.2) of this
clause.
5) 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.
i. 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.
j. 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.
3. Equal Employment Opportunity — 41 CFR Part 60-1.4(b). During the performance
of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: 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. The Contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive considerations for employment without regard to race, color,
religion, sex, or national origin.
C. The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
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5.
d. The Contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, as amended, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by Hiles, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part
and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedure authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
g. The Contractor will include the portion of the sentence immediately
preceding paragraph 5.a and the provisions of paragraphs 3.a. through 3.g.
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provision, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request the
United States to enter into such litigation to protect the interests of the
United States.
Bonding Clauses for Construction Contracts and Subcontracts
a. The Contractor agrees to fumish a performance bond acceptable to the
Owner 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.
Buy American - Steel and Manufactured Products for Construction Contracts
(Jan 1991)
a. The Contractor agrees that only domestic steel and manufactured products
will be used by the Contractor, subcontractors, materialmen, and suppliers
in the performance of this contract, as defined in b. below.
b. The following terms apply to this clause:
(1) Steel and manufactured products. As used in this clause, steel and
manufactured products include (1) those produced in the United
DEN/331092.AA.AD VI-6
States or (2) a manufactured product produced in the United States,
if the cost of its components mined, produced or manufactured in
the United States exceeds 60 percent of the cost of all its
components and final assembly has taken place in the United
States.
(2) Components. As used in this clause, components means those
articles, materials, and supplies incorporated directly into steel and
manufactured products.
(3) Cost of components. This means the costs for production of the
components, exclusive of final assembly labor costs.
6. Buy American — Steel and Manufactured Products (Jan 1991)
a. The Contractor shall deliver only domestic steel and manufactured
products under this contract as defined in paragraph b. below.
b. The following terms apply to this clause:
(1) Steel and manufactured products. As used in this clause, steel and
manufactured products include (1) those produced in the United
States or (2) a manufactured product produced in the United States,
if the cost of its components mined, produced or manufactured in
the United States exceeds 60 percent of the cost of all its
components and final assembly has taken place in the United
States.
(2) Components. As used in this clause, components means those
articles, materials, and supplies incorporated directly into steel and
manufactured products.
(3) Cost of components. This means the costs for production of the
components, exclusive of final assembly labor costs.
7. Lobbying and Influencing Federal Employees
a. 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 or any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant and the amendment or
modification of any Federal grant.
b. If any funds other than Federal appropriate funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
any Federal grant, the Contractor shall complete and submit Standard
Form LLL, "Disclosure of Lobby Activities" in accordance with its
instruction.
Article 6. 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.
DEN/331092.AA.AD VI-7
Article 7. To the extent allowed by law, the Contractor agrees to indemnify, defend and
hold harmless the Sponsor, 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 8. Venue and jurisdiction of any action will only be brought in the District Court
in and for the 8th Judicial District, Fort Collins, Larimer County, Colorado. In the event
of a breach of this agreement, the breaching party shall pay to the nonbreaching party all
reasonable Attorney fees, cost and other expenses, incurred by the nonbreaching party
enforcing its rights as a result of said breach.
Article 9. As required by Colorado Revised Statutes 24-91-103.6, the Owner hereby
provides assurance that finds 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.
The total estimated cost for AIP 3-08-0023-19, for the ADA Compliant Airplane
Passenger Ramp for Fort Collins -Loveland Municipal Airport, Loveland, Colorado,
hereoftobe Thirty-five Thousand, Three Hundred and
Seventy-three dollars ($ 35, 37$.
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:
By
DEN/331092.AA.AD
SPONSOR, First Party
Cities of Loveland and Fort Collins
Title: S fi?t'-C 7C,i ��� `� �.iAS+✓L'�
i
By:
s
V1_8 PRIMED AS TO FORM
BY:
ASSISTANT CITY ATTORNEY v1A
CONTRACTOR, Second Party
By:
Title:
DEN/331092.AA.AD VI-9