HomeMy WebLinkAbout113109 WATERFORD CORPORATION - CONTRACT - AGREEMENT MISC - AIP PROJECT NO. 3-08-0023-23AGREEMENT FORM FOR IMPROVEMENTS TO
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
LOVELAND,COLORADO
AIP PROJECT NO.3-08-0023-23
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THIS AGREEMENT, made and entered into this Nq day off . ✓, 2008,
by and between the Cities of Loveland and Fort Collins, hereinafter referred to as the
"Owner" and Waterford Corporation
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, Security Fencing and Security Gate Improvements, under Alp Project
No. 3-08-0023-23, for portions of Schedules I and If based on Federal Funding, 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 60 calendar days, from the date when
contract times commence to run. The items of work and estimated quantities are those shown
in "Attachment A".
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,
Security Fencing and Security Gate Improvements, under Alp Project No. 3-08-0023-23, and
said "Contract Documents" are hereby made a part of this agreement as fully as if set out at
length herein.
DEN/369673.A1/PI APRIL 2008
00511I I AGREEMENT FORM
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, Security Fencing and Security Gate Improvements,
under AIP Project No. 3-08-0023-23, 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. 3-08-0023-23 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 VfI 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.
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.
DEN/369673.A 1 /P i APRIL 2008
00511I 2 AGREEMENT FORM
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.
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
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:
1. 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
DEN/369673.A 1 /P I APRIL 2008
005111 3 AGREEMENT FORM
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities,"
in accordance with its instructions.
The Contractor shall require that the language of paragraphs I 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:
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
DEN/369673.A t/P 1 APRIL 2008
005 t 11 4 AGREEMENT FORM
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:
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.
DEN/369673. A I /P 1 APRIL 2008
005111 5 AGREEMENT FORM
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
shall be deemed to have been effected for the convenience of the
Owner. fn 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 — 49 CFR Part 18. 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.
DEN/369673.A1/Pl APRIL 2008
005111 6 AGREEMENT FORM
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`h) Judicial District (Fort Collins, Larimer County, Colorado).
Article 1 t. 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 Security Fencing and Security Gate Improvements under AIP Project
No. 3-08-0023-23, thereof to be Three -Hundred Forty -Three Thousand dollars and Twenty -
Five Cents ($ 343,000.25 ).
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.
OWNER, First Party
ATTEST: 0,°V pVJF� gyp® City of Loveland
By,if sy
o
A®�COL0VA 1 �,.
e
/ ' p P
1 ASsiST(lrl r f 177 ATTof ,�1r
DEN/369673. A 1 /P I APRIL 2008
00511I 7 AGREEMENT FORM
1 C'
ATTEST:
A tatt)rney
By
J
Title A ��
City of Fort Collins
CONTRACTOR, Second Party
Byv�CLC(
Title'��
END OF SECTION r,, ,> v
DEN/369673. A l/P 1 APRIL 2008
005111 8 AGREEMENT FORM
Attachment A
Awarded Schedules and Estimated Quantities
Schedule I
SPEC.
BID ITEM
DESCRIPTION
UNIT
QUANTITY
F-162-5.1
--- —
1
Chain -Link Security Fence (6-Foot Chain -Link with 1-Foot Barbed Wire)
LF
3,233
F-162-5.2
2
— — - ----- -- --
24'-Wide Swing Gate
- -- —
E-A
-
3
F-162-5.3
3
Pedestrian Gate
EA
1
F-172-4.1
4
Gate #1: Power and Access Cotmd Modifications
LS
1
F-172-4.2 _
5 _Gate
#2: Power and Access Control Modifications
LS
1
18475a
- --
6
--
Install 24-Strand, Multi -Mode, Fiber Optic Cable
LF
_
1,000
18475b _
7
-- --- — ---
Install 3-Inch Directionally Drilled HDPE Conduit
-
LF
--
870
18475c 1
8
11ristall Polymer Concrete Handhole
EA
_
5
Schedule II
SPEC.
BID ITEM
DESCRIPTION
UNIT
QUANTITY
F-162-5.1
1
Chain -link Security Fence (6-foot Chain -Link with 1-toot Barbed ire)
LF
2,200
F-162-5.2
2
-Wire)
24'-Wide Swing Gate
EA
1
F-162-5.3
3
Pedestrian Gate
EA
1
F-162-5.5
4
Rehabilitate Smooth -Wire Fence along Existing Fenceline or Install Smooth-
Wire Fence with Removed On -site Materials
LF
2,100
F-172-4.3
5
Gate #3: Remove Existing Gate System and Install 24'-Wide Vertical Pivot
Gate, Complete
LS
1
F-172-4.4
6
Gate #4. Install 24'-Wide Vertical Pivot Gate, Complete
LS
1
_ F-1724.5
7
Gate #5: Install 24'-Wide Vertical Pivot Gate, Complete
LS
1
L-150-5.1
8
Install Area Light, 20-Foot Pole, 150W HPS Type III Fixture
EA
_
3
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