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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - AGREEMENT MISC - CONNELL RESOURCES INCAGREEMENT FORM FOR IMPROVEM�NTS TO FORT COLLINS-LOVELAND MUNICIPAL AIRPORT 2010 AIRPORT IMPROVEMENTS LOVELAND,COLORADO AIP PROJECT NO.3-08-0023-28 THIS AGREEMENT is made and entered into this _� day of 5#C4,0 6*4i t&6,Z,2010, by and between the Cities of Loveland and Fort Collins, hereinafter together referred to as the "Owner," and Connell Resources, Inc., 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, 2010 Airport Improvements, under AIP Project No. 3-08-0023-28,' Schedules I, III,. IV, V, and VI, in strict accordance with the Contract Documents, Plans, and Specifications dated July 14, 2010, prepared by CH2M HILL, hereinafter referred to as the "Engineer." The Contractor shall complete this work in accordance with General Provision 80-1.8. 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/her 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 Section 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, 2010 Airport Improvements, under AIP Project No. 3-08-0023-28, 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 General Provisions, the FAA Special Provisions, and the Project Special Provisions issued in connection with the improvements to Fort Collins -Loveland Municipal Airport, 2010 Airport Improvements, under AIP Project No. 3-08-0023-28, 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: Bond No. 105470242 PAYIVII M BOND KNOW ALL PEOPLE BY THESE PRESENTS: That we, the undersigned, Connell Resources, Inc. as Principal, and Connell Resources, Inc. a corporation organized and existing under and by virtue of the laws of the State of Colorado , 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 together referred to as the Owner, in the penal sum of nine hundred sixty-eight thousand nine hundred seventy-two dollars and 50 cents ($968,972.50), lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the Cities of Loveland and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport under AIP Project No. 3-08-0023-28, in conformity with the Drawings, Plans, General and Special Provisions, and Specifications prepared by CH2M HILL of Englewood, Colorado, which contract, drawings, plans, General and Special Provisions, and specifications are hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof; NOW THEREFORE, THE CONDITIONS OF THE OBLIGATION are such that if the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by the Principal in the performance of said contract and any additions thereto, except that no change will be made which increases the total 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/her agents, or employees with relation to said work; and shall fully reimburse and repay to. the .Owner all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill his/her 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 persons supplying or furnishing him/her or his/her 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/her 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 this. day of 5 S 2010, A.D. Connell Resources, Inc. Principal tor) By: Attest: Travelers Casualty and Surety Company of America Surety Utvu By. ar a s, t e' -m-F t Attest: (S ) Witness (Accompany this bond with Attorney -In Fact's authority from the Surety to execute bond, "certified to include the date of the bond.) END OF SECTION POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance, Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221437 Certificate No. 0 0 3 2 2 3 0 9 6 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Donald B. Martin,. Darlene Krings, William C. Bensler, Kelly T. Urwiller, Diane F. Clementson, Valerie R. Coffin, Anthony P. Stimac, Royal R. Lovell, Jennifer Winter, Russell D. Lear, Katherine E. Dill, Brandi J. Tetley, and K'Anne E. Vogel of the City of Greeley , State of Colorado , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of„guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted m any actions or proceedings allowed by law. C A! a S a IOth IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this da of September 2009 ., Y Farmington Casualty Company ' St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance` Company �) " ` Travelers Casualty and Surety Company Fidelity and Guaranty Insurance`Underwrifers, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G,,SU,� FIRE 6 �N IN 1NS"'•""o TY AN �M Qom:°OPPORAT�`. ' � _ F. 5 i1 (1 y4 � wtf� m`s �t _ f;m ,:•.:. t SZ1 9 8 2 o s i f: --- :°- c NARTWRD, FNRTFtlR0. s�a/ .�� i �9%% $ - y.9J� �.,nut„� "m, � � �'l•"SIwEaA�I.;io". aaO7SEAL�.$ N�1 18A9N6C State of Connecticut City of Hartford ss. By: Georg Thompson, enJ.—c' President On this the 10th day of September 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. . 10.7 In Witness Whereof, I hereunto set my hand and official seal.ox My Commission expires the 30th day of June, 2011. G Marie C. Tetreault, Notary Public. 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID THE RED WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at anytime may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or 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, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary 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 and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, mpany, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said CommpA tesswh�rc in�fu11 force andreffect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the -seals of said`Companies this day of 20 v Kori M. JohanAssistant Secretary pI.SU,F F\0.E 4 0.W �Ng '� \NSU 11V ANp r y 02 OAf� L po 4� _ 7p ¢•. .; VJ. .............1 ,=. u G � � F� � �ORPrvRAIFf +•` RPORA O: 9, b" c\ N�OARDR41Ep m �f m W:co 7Et�± J �Y O' L•.. 6•. D l bey. AN .i � SURnNC6G �IS.•�'laj-i �1 -• d� yb6 �a � � v4 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com, Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Client#: 14427 GUNKtl ACORU. CERTIFICATE OF LIABILITY INSURANCE 9/02/2010"' ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Ins., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Corporate Mailing Address: ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 578 Greeley, CO 80632 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Insurance Company Connell Resources, Inc. INSURER B: Pinnacol Assurance 7785 Highland Meadows Parkway INSURERC: Fort Collins, CO 80528 INSURER D: INSURER E: rnvcnnr_ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION IY DATE MM/DDY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR DTC04794N532- TIL10 06/01/2010 06/01/2011 EACH OCCURRENCE $1 OOO 000 DPREMISES (Ea occu�rence) AMAGE TO RENTED $300 OOO MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET LOG X PRODUCTS - COMP/OP AGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Drive Other Car 8104794N532TIL10 06/01/2010 06/01/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ 10000 DTSMCUP4794N532- TIL10 06/01/2010 06/01/2011 EACH OCCURRENCE $1000O 000 AGGREGATE $1 O 000 000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 4029651 06/01/2010 06/01/2011 I X- WORY C LIMIT OTH- E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE s500,000 E.L. DISEASE - POLICY LIMIT $500 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: CRI# 2101039 - Ft Collins -Loveland Municipal Airport / AIP Project No. 3-08-0023-28 City of Loveland and City of Fort Collins are included as named insured with respects liability. City of Loveland and City of Fort Collins 500 E. Third St Loveland, CO 80537 For LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3p_. DAYS WRITTEN ;E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL M NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 1 #S557832/M531286 NIK 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #S5578321M531286 1. Airport iniprovement Program Project. The work..,, this Contract is included in Airport Improvement Program Project No. 3-08-0023-28 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. 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. Withholding, Owner from Contractor. 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. 7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any documents, work or materials used in the perf6rmance of this Contract. Subcontracts. The Contractor shall insert in each of his/her 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. ContracL i erminati6n: A breach of paragraphs 6, , , 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 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. 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: 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. Nondisciimination. 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 directives 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. 5. 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 Pam• 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 ContracLUr may request the United States to enter .,Ao 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 Contract. Termination of Contract — 49 CFR Part 18 a) The Owner may, by written notice, terminate this Contract in whole or in part at any time, either for the Owner's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Owner. b) If the termination is for the convenience of the Owner, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit.on unperformed services. c) If the termination is due to failure to fulfill the Contractor's obligations, the Owner may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the Owner for any additional cost occasioned to the Owner thereby. d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination 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 — 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. Article 9. As required by Colorado Revised Statutes Section 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 Eighth (8t`) Judicial District (Fort Collins, Larimer County, Colorado). Article 11. In the event of a breach of this Contract, the breaching parry 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 not -to -exceed cost (without approved change orders) for the 2010 Airport Improvements under AIP Project No. 3-08-0023-28, Schedules I, III, IV, V, and VI is nine hundred sixty-eight thousand nine hundred seventy-two dollars and 50 cents ($968,972.50). IN WITNESS WHEREOF, The parties have caused this Contract 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. APP . QVED AS TO FORM BY: ISTANT CITY ATTORNEY OWNER ATTEST: N. c�t•O R I0 Title LO City of Loveland i 1 r a, .„..0 City of Fort Collins B f _ Y As To Fwm. rrAW CONTRACTOR City AtIo BY Title V END OF SECTION Bond No. 105470242 PERFORMANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: That we, the undersigned, Connell Resources, Inc. as Principal, and Connell Resources, Inc. a corporation organized and existing under and by virtue of the laws of the State of Colorado , 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 together referred to as the Owner, in the penal sum of nine hundred sixty-eight thousand nine hundred seventy-two dollars and 50 cents ($968,972.50), lawful money of the United Sates of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a written contract with the Cities of Loveland and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport under AIP Project No. 3-08-0023-28, in conformity with the Drawings, Plans, General and Special Provisions, and Specifications prepared by CH2M HILL of Englewood, Colorado, which Contract, Drawings, Plans, General and Special Provisions, and Specifications are hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof; NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above bonded Principal shall well, truly, and faithfully perform said contract and any alterations in and additions thereto and comply with all of the terms and provisions thereof except that no change will be made which increases the total contract price by more than 25 percent in excess of the original contract price without notice to the Surety, then this obligation to be void, otherwise to remain in full force and virtue, and comply; and shall fully indemnify and save harmless the Owner from all damages, claims, demands, expense and charge of every kind (including claims of patent infiingement) arising from any act, omission, or neglect of said Principal, his/her agents, or employees with relation to said work; and shall fully reimburse and repay to the Owner all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill his/her 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/her 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 there under, 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 this � day of 5� t3 �2. , 2010, A.D. Connell Resources, Inc. Principal (C r) By: IfP. Attest: LS-Clk 1 Travelers Casualty and Surety Company of America Surety By. Dar ene nngs, o in- ct Attest: (SEAL) Witness (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