HomeMy WebLinkAboutC04-117 Carter & Burgess, Inc.~ C:o~-~~~-~~
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
. AT THE EAGLE COUNTY REGIONAL AIlZPORT
BETWEEN EAGLE COUNTY, COLORADO
AND
CARTER BURGESS
THIS AGREEMENT for Professional Engineering Services at the Eagle County
Regional Airport (hereinafter "Agreement") is made and entered into this3~ day of March,
2004 by and between Eagle County, Colorado, a body corporate and politic acting by and
through its Boazd of County Commissioners (hereinafter "County") and Carter & Burgess, Inc. a
Texas Corporation (hereinafter "Engineer").
RECITALS
A. County is duly authorized to administer and govern the property known as the
Eagle County Regional Airport ("Airport"); and
B. County has identified a number of engineering projects to be accomplished at the
Airport and desires to retain an Engineer to assist with the various projects; and
C. Because engineering projects may occur over an extended period of time, County
desires to retain Engineer under this Agreement with the understanding that amendments to this
Agreement will be necessary for each project. Such amendment will identify the specific terms
and conditions for each project; and
D. Engineer is a corporation authorized to do business in the State of Colorado; and
Engineer employs registered professional engineers authorized to act as such in the State of
Colorado including Jim Trott, J.D. Ingram and Jim Fluhr, who have expertise in airport
engineering; and
E. Engineer has represented that it has the expertise and personnel necessary to
properly and timely perform the Work identified in paragraphs 1.0, 1.I and 1.2; and
F. Engineer and County intend by this Agreement to set forth the scope of the
responsibilities of the Engineer in connection with the Work and related terms and conditions to
govern the relationship between the Engineer and County in connection with the Work.
AGREEMENT
THEREFORE, for good and valuable consideration, including the promises set forth
herein, the parties agree to the following:
1.0 SCOPE OF WORK: The Engineer's Work consists of those services performed
by the Engineer, Engineer's Employees and Engineers' sub-consultants. The Engineer shall
provide all labor, materials and equipment necessary to perform and complete the Work
described herein. The Work contemplated under this Agreement may include, but is not limited
•
to the following items as well as the services identified in pazagraphs 1.1 and 1.2 hereof
(hereinafter collectively "Work"):
A. Extension of runway and taxiways;
B. Construction of taxi lanes;
C. Airport Layout Plan update;
D. Rehabilitation of runway and taxiways;
E. Acquisition of snow removal equipment and ARFF equipment;
F. Land acquisition;
G. Relocation of runway approach lights;
H. Storm water management plan update and revisions;
I. Construction of general aviation azeas, deicing apron, FBO apron, and stop ways;
J. Additions to ARFF/Maintenance building;
K. Rehabilitation of north apron;
L. Installation of lighting on Taxiway Alpha;
M. GPS service;
N. Installation of Approach Radaz System;
O. Rehabilitation, extension, and upgrade runway and taxiway lighting systems;
P. Construction of new Airport access roads and parking facilities;
Q. Construction of ARFF SRE facility;
R. Rental Car maintenance facility;
S. Airfield pavement maintenance;
T. Installation of Navigational Aides;
U. Installation of pazking management system;
V. Installation of electric gates, service equipment, and other related security
equipment;
W. Instrument Land System (ILS).
1.1 BASIC SERVICES: In addition to the Work identified in pazagraph 1.0 A
through W hereof, County may also request that Engineer provide some or all of the following
Basic Services:
A. As requested, Engineer shall assist the County in the preparation of any Pre-
Application. As requested, Engineer shall prepare any Program Sketch, Program Narrative, and
Engineer's Estimate and assist the County with the required Statements and Notifications, the
Environmental Documentation, and the Federal, State and Regional Reviews as required; and
B. As requested, Engineer shall consult/coordinate with Airport users, FAA, Airport
Staff, City, County, and other interested parties; and
C. As requested, Engineer shall review, and revise as necessary, the Airport
drawings, which provide the basis for any Project design; (Note: Engineer understands that the
Airport is preparing to convert to GIS and that the Engineer may need to supply data in a form
to assist this conversion); and
•
D. As requested, Engineer shall prepare preliminary plans, specifications, contract
documents, and cost estimates for any design to be approved by the County and the FAA; and
E As requested, Engineer shall provide acceptable Airport Layout Plan, and
associated drawings, as required; and
F. As requested, Engineer shall prepare and submit final plans, specifications, and
contract documents for approval by the County and the FAA prior to advertising for bids; and
G. As requested, Engineer shall prepare a Design Engineer's Report including
estimates of final quantities and construction costs. The report will be submitted with the final
plans and specifications to the County and the FAA; and
H. As requested, Engineer shall prepare or assist in the preparation of any
Application for Federal Funds and the Property Map; and
I. As requested, Engineer shall coordinate the establishment of bid proposals into
schedules to allow flexibility of award to match the funds available; and
J. As requested, Engineer shall provide complete sets of approved plans,
specifications, and contract documents for the bidding Project; and
K. As requested, Engineer shall arrange for and conduct Pre-bid Conference and job
showing; and
L. As requested, Engineer shall assist with the bid opening and processing of bid
documents and make recommendations to the County for award of contract schedules; and
M. As requested, Engineer shall perform miscellaneous engineering services as
requested by Airport management.
N. Engineer shall maintain record and as-built drawings of projects, ALP and all
facility improvements in accordance with FAA requirements and shall keep all such documents
and drawings current and up to date. Engineer shall make such drawings and documents
immediately available to County upon request.
1.2 SPECIAL SERVICES: In addition to the Work identified in paragraph 1.0 A
through W and the Basic Services identified paragraph 1.1 above, County may also request that
Engineer perform some or all of the following Special Services:
A. As requested, soils and pavement investigations (For Design): Perform soils
and/or pavement testing and investigation of proposed construction areas as required for design.
B. As requested, topographic surveys (For Design): Perform topographic surveys of
proposed construction areas as required for design.
C. As requested, field engineering: Arrange far and conduct Pre-Construction
Conference.' Provide complete resident engineering coordination of any construction work with
sufficient qualified inspectors who shall be present during all construction operations, to observe
that construction is accomplished in accordance with the plans and specifications. It is expressly
understood that the term "engineering coordination" does not mean that the Engineer will
assume any responsibility that usurps or replaces the duties and authority of a construction
superintendent or other contractor chazged with responsibility for the construction operation.
The Engineer, in carrying out his responsibilities for engineering coordination, shall endeavor to
guard the County against defects and deficiencies in the permanent work constructed by the
contractor, but does not guazantee the performance of the contractor. The above disclaimers do
not in any way abrogate the responsibility of the Engineer to exercise technical competence,
expertise, skill and engineering judgment so that the contractor's construction products aze
provided in accordance with any construction contract documents. The Engineer shall issue such
instructions to the contractor's construction superintendent as aze necessary to protect the
County's interest. The Engineer shall provide sufficient surveys, observe and check surveys
conducted by the contractor, to assure construction is in accordance with any plans and
specifications.
D. As requested Engineer shall conduct materials tests required by the FAA and/or
observe and evaluate all such tests made by the Contractor in the field and in the laboratory as
necessary in accordance with any plans and specifications. Copies of all test reports shall be
furnished to the County and the FAA. Test results will be available on the day tests aze taken.
E. As requested Engineer shall have the authority to recommend to the County that
the construction be stopped if not in accordance with the plans and specifications. As requested,
the Engineer will furnish the County and the FAA a weekly construction progress and inspection
report if requested.
F. As requested, Engineer shall prepare all addition and deletion change orders and
supplemental agreements as required. After acceptance of any Construction Contract by the
Contractor, copies will be submitted to the County and the FAA for approval and signature
before proceeding with any Work.
G. As requested, Engineer shall prepare periodic estimates during the construction of
any Work and shall prepaze the final estimate when the Work is completed. Periodic estimates
shall be submitted regularly to the County for the concurrence and submittal to the FAA for
Federal participation payment requests.
H. As requested, Engineer shall review the submitted weekly contractor's payrolls,
check shop drawings, and construction submittal; and prepare and maintain necessary records of
construction progress.
I. As requested, when the Work has been completed and is ready for final
acceptance, the Engineer shall arrange for inspection of the finished Work by the FAA, the
County, the Contractor, and the Engineer, following which the final estimate for the Work will
be considered by the County.
4
J. As requested, upon acceptance of the Work, the Engineer shall prepaze the
"Record Drawing," including any field surveying required to compute final quantities, and the
Construction Engineering Report, and shall provide the County and the FAA with one (1) set of
reproducible "Record Drawings," and one (1) copy of the Construction Report.
K. As requested, upon completion of any Work, the Engineer shall prepaze and
supply the County with an Airport Maintenance Program for the improvements constructed.
1.3 The parties agree that the term Work shall mean all items identified in paragraphs
1.0, 1.1 and 1.2 hereof.
1.4 Nothing herein is intended to or constitutes a representation or guazantee by
County that it will request that any or all of the Work be performed by Engineer or that County
will construct any or all of the proposed improvements or that it will do so at a particulaz time.
1.5 The parties agree that this Agreement sets forth the understanding of the parties
with respect to the Work but that an amendment to this Agreement shall be required for each task
or multiple tasks to be undertaken by Engineer. Specifically, Engineer shall undertake each task
identified in paragraph 1.0 A through W, pazagraph 1.1 or paragraph 1.2 hereof only after
entering into an Amendment with respect to that Work. Such amendment shall set forth the
agreed upon maximum cost to complete the Work and applicable hourly rates of Engineer's staff
assigned to the Work. Further the amendment shall identify the time necessary to complete the
Work and any other services that may be required.
1.6 The Parties hereto recognize that the scope of the Work may change. When the
Engineer believes that the scope of the Work has been changed or that by reason of a decision of
County it will be required to redo properly completed Work, the Engineer shall immediately
advise County of such belief and shall also provide a statement of the maximum additional
chazges for such work. The Engineer shall not be entitled to be paid for any such additional
work unless and until County agrees in writing that the scope of Work has changed and accepts
the statement of maximum additional chazges.
1.7 Engineer shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Work and the general and local conditions which can
affect the Work or the cost thereof. Any failure of Engineer to do so will not relieve him from
responsibility for successfully performing the Services without additional expense to the County.
2.0 ENGINEER'S PROFESSIONAL LEVEL OF CARE: The Engineer shall be
responsible for the completeness and accuracy of the Work, including all supporting data and
other documents prepazed or compiled in performance of the Work, and shall correct, at its sole
expense, all significant errors and omissions therein. The fact that the County has accepted or
approved the Engineer's Work shall not relieve the Engineer of any of its responsibilities. The
Engineer and its professional consultants shall perform the Work in a skillful, professional and
competent manner and in accordance with prevailing standazds of care, skill and diligence
•
applicable to engineers, airport, structural, electrical and mechanical engineers, as the case may
be, with respect to similaz work.
3.0 TERM OF AGREEMENT: The term of this Agreement shall be for a period of
one (1) yeaz commencing on the date set forth above and continuing until Mazch _, 2005, unless
temvnated eazlier pursuant hereto. The Agreement shall be automatically extended for up to
four (4) additional one-yeaz terms on the same terms and conditions as set forth in this
Agreement. In the event that County does not wish to extend the Agreement, County shall
provide a notice of cancellation to Engineer thirty (30) days prior to the end of the then current
term. In no event shall the Agreement extend beyond Mazch _ 2010.
3.1 T1ME OF PERFORMANCE: The Engineer shall complete the individual tasks in
conformity with separate amendments that will be executed by the parties as indicated in
paragraph 1.5 hereof. In the event Work extends beyond the term of this Agreement, as herein
defined or as a result of an eazly termination, the County may elect, by notice in writing to
Engineer, that the term of the Agreement or any amendment hereto be extended to allow for
completion of the incomplete Work.
3.2 TERMINATION: County may terminate this Agreement, in whole or in part, for
its convenience upon providing notice to the Engineer. Upon termination, County shall be liable
only for Work satisfactorily completed prior to the notice and for unavoidable expense directly
incurred for performance of those parts of the Work which have not been satisfactorily
completed, provided that, at its sole option, County may require the Engineer complete particulaz
portions of the Work on a time and reimbursable expenses basis consistent with paragraph 4.0
hereof. Upon termination Engineer shall deliver to County all drawings, illustrations, text, data
and other documents entirely or partially completed, together with all material supplied to
Engineer by County. Payment will be due within thirty (30) days after Engineer has delivered
the last of the completed or partially completed documents, together with any records that may
be required to determine the amount due. In no event shall the Engineer be liable for any use of
partially completed documents by County or any other third party.
4.0 COMPENSATION AND PAYMENT: In consideration of its performance of the
Work, the Engineer shall be paid for professional time and reimbursable expenses actually and
directly spent on or incurred in performing the Work. Payment shall be made in accordance with
the following:
A) Engineer shall submit to County monthly invoices of the progress made and
expenses incurred during the previous calendaz month. Such invoices shall segregate the chazges
for Work done by task as described in pazagraph 1.0 A through W and paragraphs 1.1 and 1.2,
and shall describe the Work performed, including the percentage of completion Engineer
contends was accomplished during the month, and expenses incurred. Upon request, the
Engineer shall provide County with such other supporting information as County may request.
B) One Hundred Percent (100%) of the appropriate professional fees and
reimbursable expenses shall be due and payable within thirty (30) days after submittal by
Engineer together with submission of any required clarification and documentation.
6
C) For purposes of this Agreement, the term "reimbursable costs" shall include
only actual out-of-pocket expenses. Reimbursable costs will include local travel within
Colorado, telephone, postal, or air freight charges. Reimbursable costs will include
blueprint/plan printing (Sufficient copies as directed by County for bid package preparation and
distribution, County use, building inspection use, and the General Contractors use) fax and
photo-reproduction costs.
D) The County shall pay publishing costs for advertisements of notices, public
hearings, requests for bids, and other similar items; County shall pay for all permits and licenses
that maybe required by local, state or federal authorities; and shall secure the necessary land,
easements, and rights of way required for the Project.
E) Notwithstanding anything to the contrary contained in this Agreement, no
chazges shall be made to the County nor shall any payment be made to Engineer for any Work
done after December 31, 2004, without the written approval of the County in accordance with a
budget adopted by the Board of County Commissioners in accordance with the provisions of
Article 25 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law
(C.R.S. 29-1-101 et.seq.). The parties recognize that the County is a governmental entity and
that all financial obligations beyond the current fiscal year are subject to funds being budgeted
and appropriated.
5.0 PROJECT MANAGEMENT: Jim Trott, JD Ingram and Jim Fluhr shall be
designated as Engineer's Project Managers for the Work. Eagle County Director of Facilities
Management shall be County's manager responsible for this Agreement. Either party may
designate a different project manager by notice in writing.
6.0 INDEPENDENT CONTRACTOR: It is expressly acknowledged and understood
by the parties hereto that nothing contained in this Agreement shall result in, or be construed as
establishing an employment relationship. Engineer shall be, and shall perform as, an
independent contractor. No agent, subcontractor, employee or servant of Engineer shall be, or
shall be deemed to be, the employee, agent or servant of County.
7.0 PERSONNEL: The Engineer understands and hereby acknowledges that County
is relying primarily upon the expertise and personal abilities of Jim Trott, JD Ingram and Jim
Fluhr. This Agreement is conditioned upon the continuing direct personal involvement of these
persons in the Work. Engineer may not subcontract or delegate any part of the Work or
substitute subcontractors without County's written consent, which consent County may exercise
in its sole discretion. Any final plans to be provided by Engineer shall be completely reviewed
by JD Ingram. In the event that Engineer and any identified subcontractor aze unable to remain
involved in the Work, Contractor shall immediately notify County and County shall have the
option to terminate this Agreement.
8.0 OWNERSHIP OF DOCUMENTS: All documents (Including electronic files)
which are obtained during or prepared, partially or wholly, in the performance of the Services are
instruments of professional service. Nevertheless, any plans and specifications prepazed under
this Agreement shall be delivered to County upon request, completion of the Work or
termination of this Agreement, and, in any event, before final payment of moneys due Carter
Burgess and shall at all times be deemed the property of the County, whether or not the Work
under this Agreement is complete.
9.0 RECORDS RETENTION: The Engineer shall maintain complete and accurate
records and accounts of its performance relating to this Agreement for„-period of three (3)
years following final payment hereunder, «~hichperic~d 5ha11 he extended_as required by
applicable-law. County shall have the right within such period to inspect such books, records
and documents upon demand, with reasonable notice and at reasonable time, for the purpose of
determining in accordance with acceptable accounting and auditing standards, compliance with
the requirements of this Agreement and the law.
10.0 NO ASSIGNMENT: The parties to the Agreement recognize that the services to
be provided pursuant to this Agreement are professional in nature and that in entering into the
Agreement County is relying upon the professional services and reputation of Jim Trott, JD
Ingram and Jim Fluhr. Therefore, neither Engineer nor its subcontractors may assign its interest
in this Agreement or any subcontract, including the assignment of any rights or delegation of
any obligations provided therein, without the prior written consent of County, which consent
County may withhold in its sole discretion. Except as so provided, this Agreement shall be
binding on and shall inure to the benefit of the parties hereto, and their respective successors
and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party.
Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Agreement.
11.0 INSURANCE: At all times during the term of this Agreement, Engineer shall
maintain the following insurance:
Type of Insurance
a) Professional Liability
b) Workers Compensation
Coverage Limits
$2,000,000 minimum
As required by Colorado Law
All insurance required hereby shall be issued by an insurance company or
companies authorized to do business in the State of Colorado. The Engineer shall deliver
certificates of required insurance to the County within fifteen (15) calendar days of execution of
this Agreement.
Before permitting any subcontractor to perform any work under this Agreement,
Engineer shall either (1) require each of his subcontractors to procure and maintain, during the
life of his subcontracts, insurance which meets the requirements for the Engineer herein, or (2)
provide for insurance of the subcontractor in Engineer's own policies in the amounts required
hereinabove.
12.0 INDEMNIFICATION: Engineer shall indemnify and hold the County and its
officials, boards, officers, principals and employees, harmless from all costs, claims and
~ ~
expenses, including reasonable attorney's fees, to the extent caused by any person in connection
with the acts or omissions of, or representations by, the Engineer in the performance of this
Agreement. This indemnification shall not apply to claims by third parties against the County to
the extent that the County is liable to such third party for such claim without regard to the
involvement of the Engineer. Nothing contained herein waives or is intended to waive any
protections that may be applicable to the County under the Governmental Immunity Act, Section
24-10-101, et. Seq., C.R.S., or any other rights, protections, immunities, defenses or limitations
on liability provided by law, and subject to any applicable provisions of the Colorado
Constitution and other applicable laws.
13.0 NOTICES: Any notice and all written communications required under this
Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party
at the following addresses:
A) Engineer: Jim Trott
Carter Burgess
707 17`" Street
Suite 2300
Denver, CO 80202
Tel. (303) 820-5255
Fax. (303) 820-4819
B) County: Director of Facilities Management
Post Office Box 850
Eagle, CO 81631
Tel. (970) 328-8880
Fax. (970) 328-8899
C) Notices shall be deemed given on the date of delivery; on the date the fax is
transmitted and confirmed received, or, if transmitted after normal business hours, on the next
business day after transmission, provided that a paper copy is mailed the same date; or three days
after the date of deposit, first class postage prepaid, in an official depository of the US Postal
Service.
14.0 MISCELLANEOUS:
A. The ENGINEER fiurther agrees that:
1. The County, the Federal Aviation Administration, and the Comptroller
General of the United States or any of their designated representatives shall have access to any
books, documents, papers and records of the Engineer which are directly pertinent to the grant
program for the purpose of making audit examination, excerpts, and transcriptions.
2. The Engineer has formulated, adopted, and actively maintain an
affirmative action plan in compliance with Executive Order No. 11246 entitled, "Equal
Employment Opportunity." The Engineer does not discriminate on the basis of race, color,
• •
religion, creed, national origin, sex, or age. Goals and targets are specified in the affirmative
action plan to assure its implementation. The Engineer shall require all consultants to agree to the
provisions of this subparagraph.
3. All services Work shall be in conformance with any and all applicable
rules and regulations of the Federal Aviation Administration and in accordance with the
customary standard of care.
4. Engineer shall comply with all standard State and Federal Assurances
identified in Exhibit A hereto.
B. The County agrees that:
1. The County shall make available to the Engineer all technical data that is
in the County's possession including maps, surveys, property descriptions, borings, and other
information required by the Engineer in relation to his work.
2. The County agrees to cooperate with the Engineer in the approval of all
plans and specifications, or should they disapprove of any part of said plans and specifications,
shall make a timely decision in order that no undue expense will be caused the Engineer because
of lack of decisions. If the Engineer incurs other expenses such as extra drafting, due to changes
ordered by the County after completion and approval of the plans and specifications, the
Engineer will be equitably paid for such extra expenses and services involved.
C. The making, execution and delivery of this Agreement by the parties hereto has
not been induced by any prior or contemporaneous representation, statement, warranty or
agreement as to any matter other than those herein expressed. This Agreement embodies the
entire understanding and agreement of the parties, and there are not further or other agreements
or understandings, written or oral, in effect between them relating to the subject matter hereof.
This Agreement may not be amended, including any modification or deletion from or addition to
the scope of the Work except by written document of equal formality executed by both parties
hereto.
D. This Agreement shall be governed and construed in accordance with the internal
laws of the State of Colorado without reference to choice of law rules. The parties agree that
venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5~'
District for the State of Colorado.
E. This Agreement does not and shall not be deemed to confer upon or grant to any
third party any right enforceable at law or equity arising out of any term, covenant, or condition
herein or the breach hereof.
F. If any portion of this Agreement shall be declared invalid or unenforceable, the
remainder of the Agreement shall continue in full force and effect.
io
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and
year first set forth above.
EAGLE COUNTY, STATE OF COLORADO
BY AND THROUGH ITS
BOARD OF COUNTY CONIlVIISSIONERS
By:
Tom tone, C airman
~~~.
d~r~it~ ~~-~~°G
y ~ ~
eak J. Simonton, Clerk to the Board
County Commissioners cotoRa.6.~'
CARTER &
Corporation
By:
Its
ATTEST:
Its ~ ;,,;s u ~
11
~ ~
EXHIBIT A
STANDARD STATE AND FEDERAL ASSURANCES
During the term of the Agreement, the Engineer, for itself, its assignees and successors in interest
(hereinafter referred to as "Contractor") agrees as follows:
1. Compliance with Re ations. 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 herein
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, color, sex, creed 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 negotiations 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, color or national origin.
4. Information and Reports. The Contractor and all subcontractors shall make and maintain
all records concerning the costs and performance of the work and allow the State or FAA
to inspect, examine and audit such records. The Contractor shall provide all information
and reports required by the Regulations or 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 of the Federal Aviation Administration
(FAA) to be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall
so certify to the sponsor of 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 Agreement, the sponsor 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
12
•
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 I
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
sponsor or the FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided however, that in the event a Contractor becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a result of
such direction the Contractor may request the sponsor to enter into such litigation to
protect the interests of the sponsor and in addition the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
G:~DHM~carterburgess.doc
13
