HomeMy WebLinkAboutC05-124 Carter and Burgess_second amendment
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C-B No. 071184.102
AlP PROJECT NO. 3-08-0020-37
AMENDMENT NO. TWO (2) TO CONTRACT
DATED MARCH 31, 2004
BETWEEN
CARTER & BURGESS, INC.
AND
EAGLE COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
The Sponsor and the Engineer agree to amend their contract for improvements to the Eagle County
Regional Airport, Eagle, Colorado to include fees for engineering services. The improvement Item "A"
is in the Scope of Work of the original contract and is described as follows:
Item "A": Extension of Runway and Taxiways (Phase I)
The Sponsor agrees to pay the Engineer for the services listed under Section(s) 1.1 and 1.2 of the
original contract in the following manner:
PART A - BASIC SERVICES
Preliminary Design Phase ........ .................. .... ......... .......... .................... ............$ 83,356.00
Design Phase........... ......... ............. ......... ........ .... .......... ..... ............. ......... ..........$ 505,816.00
Bidding Phase ...................................................................................................$ 45,056.00
Survey..... ~...................... ................................................................ ...................$ 32,000.00
Geotechnical Investigation.................................................................. ..............$ 48,000.00
Quality Assurance Testing.................................................................................$ 123,380.00
Method of payment shall be as follows:
For services rendered under PART A - BASIC SERVICES, the Sponsor agrees to make interim
lump sum payments up to 90 percent based on work performed by the Engineer and submitted
to the Sponsor with the request for payment. The remaining lump sum ten percent to be paid
upon advertisement for bid of the contracts for Item "A", or in the event the Sponsor does not
elect to advertise for bidding, the remaining ten percent to be paid upon receipt of request for
payment from the Engineer.
PART B - SPECIAL SERVICES
Construction Administration Phase...... ..................... .................... ....................$ 47,000.00
Pre-Construction Phase....... ............................................... ......................... .... ..$ 20,314.00
Construction Coordination....... ............ ..... ..... ....................... ......................... ...$ 613,433.00
Post Construction Administration....................... ......... ........... ..................... ,....$ 60,028.00
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Method of payment shall be as follows:
For services rendered under PART B - SPECIAL SERVICES, the Sponsor agrees to make
monthly lump sum payments based upon the work performed by the Engineer less 10 percent.
The final 10 percent lump sum 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 of90 days from end of
construction period. This Amendment shall be considered concurrent with completion of audit.
VTI. 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 incoIporated 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 Engineer'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 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 detennine to be appropriate, including, but not limited to:
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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 fmal 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 ofthe Engineer may result in the suspension or tennination of this contract
or such other action which may be necessary to enforce the rights of the parties of this
agreement.
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XU. DisadvaDtaged Business Enterprises (DBE), 49 CFR Part 26. 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 Federal funds under this agreement. Consequently, the DBE
requirements of 49 CFR Part 26 applies 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 CPR 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.
XIII. 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.
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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
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of an Engineer is not required to exceed that which is nonnally
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.
XN. Termination of Contrac~ 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 oftermination 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 ofthis
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.
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All other terms and conditions of the original contract shall remain in effect.
IN ~SS WHEREOF, the parties hereto have affixed their signatures this ~&;~ day of
--b(~ 2005.
COLORADO
COMMISSIONERS
By ,
Attest
ENGINEER:
Carter & Burgess, 4
c
By
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