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HomeMy WebLinkAbout111183 COULSON EXCAVATING CO INC - CONTRACT - AGREEMENT MISC - COULSON EXCAVATION COMPANY INCAGREEMENT FORM FOR IMPROVEMENTS TO FORT COLLINS-LOVELAND MUNICIPAL AIRPORT LOVELAND,COLORADO AIP PROJECT NO.3-08-0023-22 THIS AGREEMENT, made and entered into this day of , 2008, by and between the Cities of Loveland and Fort Collins, hereinafter referred to as the "Owner" and Coulson Excavating Company Inc 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, Utilities Relocation and Grading for Future Taxiway E, under AIP Project No. 3-08-0023-22, Awarded Schedule(s) I and II in strict accordance with the Contract Documents, Plans, and Specifications dated April, 2008, prepared by CH2M HILL, for improvements to Fort Collins -Loveland Municipal Airport. The Contractor shall complete this work within 33 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, 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, Utilities Relocation and Grading for Future Taxiway E, under AIP Project No. 3-08-0023-22, 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 DEN/369673.A1/P2 APRIL 2008 00511I I AGREEMENT FORM Fort Collins -Loveland Municipal Airport, Utilities Relocation and Grading for Future Taxiway E, under AIP Project No. 3-08-0023-22, 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. 3-08-0023-22 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 DEN/369673.A1/P2 APRIL 2008 00511I 2 AGREEMENT FORM Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. 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: 1. 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. DEN/369673.A1/P2 APRIL 2008 00511I 3 AGREEMENT FORM 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 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: 1. 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 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. DEN/369673.A1/P2 APRIL 2008 00511I 4 AGREEMENT FORM 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: a) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b) Cancellation, tennination 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 terns 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 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 DEN/369673.A1/P2 APRIL 2008 00511I 5 AGREEMENT FORM 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 detennined that the contractor had not so failed, the termination 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. 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 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. DEN/369673.A1/P2 APRIL 2008 00511I 6 AGREEMENT FORM 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). 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 Utilities Relocation and Grading for Future Taxiway E under AIP Project No. 3-08-0023-22, thereof to be Two -Hundred Fourteen Thousand, Five -Hundred Eleven Dollars ($ 214,511.00_). 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. ATTEST: ATTEST: By Appr As a a A sh8t1 CR4 i Attomay Title I I f I I I lilt! �ea�0°�y OF LO1,F e %2 `O ° y OWNER, First Party City of Loveland City of Fort Collins CONTRACTOR, Second Party Title END OF SECTION DEN/369673.A1/P2 APRIL 2008 00511I 7 AGREEMENT FORM