No preview available
HomeMy WebLinkAboutC02-158 Washington Infrastructure amendment 5WIS Job No. EGE 2286.02506.000 All? PROJECT NO. 3 -08- 0020 -29 (REVISED) AMENDMENT NO. FIVE TO CONTRACT DATED APRIL 27, 1998 BETWEEN WASHINGTON INFRASTRUCTURE SERVICES, INC. AND EAGLE COUNTY, COLORADO The Sponsor and the Engineer agree to amend their contract for improvements to Eagle County Regional Airport, Eagle, Colorado to include fees for engineering services. The improvement Item No. 3 is included in the Scope of Work of the original contract. The items covered by this amendment are described as follows: Item No. 3 Terminal Access Road The Sponsor agrees to pay the Engineer for the services listed under Article II of the original contract in the following manner: PART A - BASIC SERVICES A lump sum for Item No. 3 (No Change) ... lI � A limp sum for Item No. 3 (No Change) ......... ............................... $155,101.00 .......... ............................... $9,163.00 Method of payment shall be as follows: Interim payments up to 90 percent based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. The remaining ten percent to be paid upon Notice to Proceed for construction, or, in the event the Sponsor does not elect to proceed with construction, the remaining ten percent to be paid upon receipt of request for payment from the Engineer. PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/ TOPOGRAPHIC SURVEYS) The maximum estimated SPECIAL SERVICES engineering is as follows: TOPOGRAPHIC SURVEYS (FOR DESIGN) Item No. 3 (No Change) ............................................................. ............................... Not Applicable Page 1 of 8 Y TOPOGRAPHIC SURVEYS (FOR CONSTRUCTION) 3 3 Item No. 3 (No Change) ............................................................. ............................... Not Applicable MATERIAL TESTING (FOR CONSTRUCTION) Item No. 3 (No Change) ............... ............ ............................... Not Applicable If work is abandoned or terminated after obtaining approval by the Sponsor and the FAA of the final construction plans and specifications, the Sponsor shall reimburse up to 100 percent of the total lump sum as listed under PART A and 100 percent of the invoiced costs for soils and pavement investigations and topographic surveys listed under PART B. CONSTRUCTION ADMINISTRATION The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs shall be determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's standard hourly rates for each applicable employee classification, plus direct non - hourly expenses including labor, overhead, and general administrative costs. Overhead costs are based on the most recent audit on the Engineer's records. See attached page for hourly rates and billing procedure. The estimated maximum for CONSTRUCTION ADMINISTRATION is: For Item No. 3 (No Change) ........... ... ........................Maximum of $15,879.00 FIELD ENGINEERING The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs shall be determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's standard hourly rates for each applicable employee classification, plus direct non - hourly expenses including labor, overhead, and general administrative costs. Overhead costs are based on the most recent audit on the Engineer's records. See attached page for hourly rates and billing procedure. The estimated maximum for FIELD ENGINEERING is: For Item No. 3 (lump sum of $52, 371.60) ........... ........................Maximum of $147,383.60 For this Amendment, the Sponsor shall pay the Engineer's costs to a maximum of $144,719.00 plus a fixed fee of $18,543.60, for the Construction Administration and Field Engineering. The Engineer's costs, exclusive of the fixed fee, shall not be exceeded without the Sponsor's written prior approval. The above estimated maximum is based on a construction project taking 60 calendar days. We are asking for additional 37 calendar days with overall of 97 calendar days. Method of payment shall be as follows Page 2 of 8 TOPOGRAPHIC SURVEYS (FOR CONSTRUCTION) Item No. 3 (No Change) .................... ............................... MATERIAL TESTING (FOR CONSTRUCTION) Item No. 3 (No Change) .................... ............................... Not Applicable .... ............................... Not Applicable If work is abandoned or terminated after obtaining approval by the Sponsor and the FAA of the final construction plans and specifications, the Sponsor shall reimburse up to 100 percent of the total lump sum as listed under PART A and 100 percent of the invoiced costs for soils and pavement investigations and topographic surveys listed under PART B. CONSTRUCTION ADMINISTRATION The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs shall be determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's standard hourly rates for each applicable employee classification, plus direct non - hourly expenses including labor, overhead, and general administrative costs. Overhead costs are based on the most recent audit on the Engineer's records. See attached page for hourly rates and billing procedure. The estimated maximum for CONSTRUCTION ADMINISTRATION is: For Item No. 3 (No Change) ... ............................... ........................Maximum of $15,879.00 FIELD ENGINEERING The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs shall be determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's standard hourly rates for each applicable employee classification, plus direct non - hourly expenses including labor, overhead, and general administrative costs. Overhead costs are based on the most recent audit on the Engineer's records. See attached page for hourly rates and billing procedure. The estimated maximum for FIELD ENGINEERING is: For Item No. 3 (Additional $52, 371.60) .............. ........................Maximum of $147,383.60 For this Amendment, the Sponsor shall pay the Engineer's costs to a maximum of $144,719.00 plus a fixed fee of $18,543.60, for the Construction Administration and Field Engineering. The Engineer's costs, exclusive of the fixed fee, shall not be exceeded without the Sponsor's written prior approval. The above estimated maximum is based on a construction project taking 60 calendar days. We are asking for additional 37 calendar days with overall of 97 calendar days. Method of payment shall be as follows Page 2 of 8 For services rendered under PART B - SPECIAL SERVICES, the Sponsor agrees to make monthly payments based upon the work performed by the Engineer less 10 percent. The final 10 percent of the fee shall be due and payable when the project final inspection and the construction report have been completed, and when reproducible 'Record Drawings" have been submitted to the Sponsor and when the revised Airport Layout Plan has been approved by the FAA or when the construction work has terminated. The 'Record Drawings" and Construction Report shall be submitted within a period of 90 days from end of construction period. This Amendment shall be considered concurrent with completion of audit. PART C — ASSURANCES VII. Civil Rights Act of 1964, Title VI, 49 CFR Part 21. During the performance of this contract, the Engineer, for itself, its assignees and successors in interest agrees as follows: 1. Compliance with Regulations. The Engineer 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 for time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of lower tier Subcontractors, including procurement of materials and leases of equipment. The Engineer 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 Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential lower tier Subcontractor or supplier shall be notified by the Engineer of the Engineers obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Engineer shall provide all information and reports required by the Regulations of directives issued pursuant thereto 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 Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of an Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Engineer'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: Page 3 of 8 a. Withholding of payments to the Engineer under the contract until the Engineer complies, and /or b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Engineer shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations of directives issued pursuant thereto. The Engineer 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 the Engineer becomes involved in, or is threatened with, litigation with a lower tier Subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. VIII. General Civil Rights Provisions, Airport and Airways Improvement Act of 1982, Section 520. The Engineer 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 Engineer or its transferee for the period during which Federal assistance is extended to the Airport for a 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 Engineer, this provision binds the Engineer from the bid solicitation period through the completion of the contract. IX. Inspection of Records, 49 CFR Part 18. The Engineer shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The Engineer shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. X. Rights to Inventions, 49 CFR Part 18. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor and Sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. XI. Breach of Contract Items, 49 CFR Part 18. Any violation or breach of the terms of this contract on the part of the Engineer 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. XII. Disadvantaged Business Enterprises (DBE), 49 CFR Part 23. It is the policy of the Department of Transportation that disadvantaged business enterprise as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Page 4 of 8 Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. DBE Obligation. The recipient or its Sponsor and Engineer agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or Sponsors and Engineers shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their Sponsors and Engineers shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. XHI. Trade Restriction Clause, 49 CFR Part 30. The Engineer, by submission of an offer and /or execution of a subcontract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign county on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Engineer who is unable to certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective lower tier Subcontractor unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the Sponsor if the Engineer learns that its certification or that of a lower tier Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Engineer agrees to provide written notice if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Engineer knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be constructed to require establishment of a system of Page 5 of 8 records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. XIV. 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 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 engineer 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 terminations due to failure to fulfill the Engineer's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer 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, 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 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. XV. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, 49 CFR Part 29. The Engineer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation /proposal. Page 6 of 8 All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this Mal day of iz 2002. SPONSOR: Board of County Commissioners Eagle County, Colorado M e Attest o�tovtN ENGINEER: WASHINGTON INFRASTRUCTURE SERVICES, INC By Neil E. frood Vice President, Airport Services Page 7 of 8 WIS No. EGE 2286.02506.000 AIP No. 3-08-0020-29 Attachment A Established Hourly Rate* Schedule (based on 2000 rates) Principal....................................................................... ............................... Staff Engineer / Planner ................................................. ............................... Engineer/Planner /Construction Coordinator ................ ............................... Assoc. Engineer/Planner /Constr. Coordinator ............. ............................... Draftsman /CADD Operator ......................................... ............................... Clerical/Data Processor ................................................. ............................... Auto -CADD Work Station ........................................... ............................... * Includes labor overhead, general and administrative costs (no profit) ................. $118.00 .................. 100.00 ................... 66.00 .................... 53.00 .................... 48.00 .................... 44.00 .................... 25.00 Company car and Personal car usage will be billed at the rate of $27.70 per day (2 -wheel drive), $55.00 per day (4 -wheel drive) and $0.33 per mile. Auto rental and out -of -town expenses will be billed at actual costs. Out -of -town meals will not exceed the most current Federal Per Diem Rates. Soils and pavement investigations, topographic surveys, and other engineering support will be billed at actual costs. Page 8 of 8