HomeMy WebLinkAboutC08-170J3 PROJECT NO. EGE 08-01 Cooley Mesa Road
AMENDMENT NO. TWO (2) TO CONTRACT
DATED MAY 27, 2008
BETWEEN
J3 AVIATION CONSULTANTS, INC.
AND
EAGLE COUNTY
EAGLE, CO
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 No.
14 is included in the Scope of Work of the original contract. The items covered by this amendment are
described as follows:
Item No. 14 Airport landside access roads or airside service roads new construction and / or
rehabilitation
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
None
PART B -SPECIAL SERVICES (ACCEPTANCE TESTING/CONSTRUCTIONADMINISTRATION
AND FIELD ENGINEERING)
The maximum estimated SPECIAL SERVICES engineering is as follows:
ACCEPTANCE TESTING (FOR CONSTRUCTION)
Acceptance Testing ...........................................................T&M Not-to-Exceed $27,000.00
CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING
The estimated maximum for CONSTRUCTION ADMINISTRATION and FIELD
ENGINEERING is:
Construction Administration ..........................................
Construction Coordination (based on 150 days)............
Post Construction ...........................................................
.. T&M Not-to-Exceed $32,720.00
T&M Not-to-Exceed $197,388.75
.. T&M Not-to-Exceed $34,401.50
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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 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
I.
CIVIL RIGHTS ACT OF 1964, TITLE VI -CONTRACTOR CONTRACTUAL
REQUIREMENTS
Reference: 49 CFR PART 21
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "Engineer") agrees as follows:
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 maybe amended
from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
• 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 subcontractors, including procurements 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.
• Solicitations for Subcontracts, Including Procurements 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 procurements of materials or leases of equipment,
each potential 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.
Information and Reports. The Engineer 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 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
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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.
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:
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.
Incorporation of Provisions. The Engineer shall include the provisions of paragraphs one
through five (Compliance with Regulations, Nondiscrimination, Solicitations for Subcontracts,
Information and Reports, and Sanctions for Noncompliance) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the Regulations or
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 a
Engineer becomes involved in, or is threatened with, litigation with a 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.
II.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 -GENERAL
CIVIL RIGHTS PROVISIONS
Reference: Airport and Airway Improvement Act of 1982, Section 520; Title 49 47123;AC
1 SO/5100-I5, Para. 10. c.
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 tenant/concessionaire/lessee or its transferee for the
period during which Federal assistance is extended to the airport 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 Engineers, this
provision binds the Engineers from the bid solicitation period through the completion of the contract.
This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
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III.
DISADVANTAGED BUSINESS ENTERPRISES
Reference: 49 CFR Part 26
• Contract Assurance (§26.13) -The Engineer or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract. The Engineer
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT assisted contracts. Failure by the Engineer to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) -The prime Engineer agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later than Fifteen (15) days from
the receipt of each payment the prime Engineer receives from Sponsor. The prime Engineer
agrees further to return retainage payments to each subcontractor within Fifteen (15) days after
the subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written approval
of the Board. This clause applies to both DBE and non-DBE subcontractors.
IV.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 49 CFR Part Z0, AppendixA
• No Federal appropriated funds shall be paid, by or on behalf of the Engineer, 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 making of any Federal grant and the amendment or modification of any
Federal grant.
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 grant, the Engineer shall complete and submit Standard Form-LLL,
"Disclosure of Lobby Activities," in accordance with its instructions.
V.
ACCESS TO RECORDS AND REPORTS
Reference: 49 CFR Part 18.36(1); FAA Order 5100.38
The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees to provide the
Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representative's access to any books, documents, papers, and records of the
Engineer which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
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VI.
BREACH OF CONTRACT TERMS
Reference: 49 CFR Part 18.36
Any violation or breach of terms of this contract on the part of the Engineer or their subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law.
VII.
RIGHTS TO INVENTIONS
Reference: 49 CFR Part 18.36(1)(8); FAA Order 5100.38
All rights to inventions and materials generated under this contract are subject to regulations issued by
the FAA and the Sponsor of the Federal grant under which this contract is executed.
VIII.
TRADE RESTRICTION CLAUSE
Reference: 49 CFR Part 30.13; FAA Order 5100.38
The Engineer or subcontractor, by submission of an offer and/or execution of a contract, 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 contractor subcontract for this prof ect 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 country 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 a Engineer or subcontractor 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 subcontractor unless it has
knowledge that the certification is erroneous.
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The Engineer shall provide immediate written notice to the sponsor if the Engineer learns that its
certification or that of a subcontractor was erroneous when submitted or has become erroneous by
reason of changed circumstances. The subcontractor agrees to provide written notice to the Engineer 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 or subcontractor 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 construed to require establishment of a system ofrecords 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 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.
IX.
TERMINATION OF CONTRACT
Reference: 49 CFR Part 18.36(1)(2); FAA Order 5100.38
• The Sponsor may, by written notice, terminate this contract in whole or in part at any time,
either for the Sponsor'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 Sponsor.
• If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed
services.
• If the termination is 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.
• If, after notice of termination for failure to fulfill contract obligations, it is determined that the
Engineer 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.
• 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.
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X.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
Reference: 49 CFR Part 29; FAA Order 5100.38
The bidder/offeror 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
bidder/offeror/Engineer orany lower tier participant is unable to certify to this statement, it shall attach
an explanation to this solicitation/proposal.
All other terms and conditions of the original contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this ~ day of
~~,V1.Q 2008.
SPONSOR:
EAGLE COUNTY, COLORADO
ENGINEER:
J3 AVIATION CONSULTANTS, INC.
By
ATTACHMENTS:
Exhibit A -Scope of Work
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~ _
By ~%~ -' 1 ~ ,
Eagle County Regional Airport March 28, 2008
Airport Access Road Improvements
AMENDMENT N0.2 -EXHIBIT "A"
SCOPE OF WORK
FOR
EAGLE COUNTY REGIONAL AIRPORT
Eagle, Colorado
Airport Access Road Improvements
This project will consist of Construction Administration, On-site Coordination, and Post Construction
Coordination Phases for the project described below.
DESCRIPTION: (provided by Sponsor)
The reconstruction of the one-mile portion of Airport Access Road is needed to provide wider and safer
access to the airport entrance. The existing road had two narrow lanes, small shoulders, few and undersized
drainage facilities, and a large quantity of buried and overhead utility lines. The design (by the engineering
firm of record) involved widening the road to four 12-foot lanes with new grading, curb, gutter, and storm
sewer facilities; relocating utilities; and grading and paving for a recreational trail on the north side of the
road.
Since the construction of the roadway improvements would temporarily impact the main airport entrance,
other project enhancements were added to the project scope. Eldon Wilson Road was relocated to better
align with the intersection of Cooley Mesa and Spring Creek Roads. The engineering firm of record also
designed a new, fully paved employee parking area for airport staff with improved drainage, curb and gutter,
and delineated parking spaces.
Funding for the Airport Access Road Improvements was provided by Eagle County. Once constructed, the
Town of Gypsum will assume ownership and maintenance of the roadway.
Construction Drawings and Specifications will be provided by the engineering firm of record, whom will also
assist with Construction Administration of the project.
The Engineering fees for the Airport Access Road Improvement Project are as follows:
Part B-Special Services; 1) Construction Administration Phase, 2) Construction Coordination Phase,
or Field Engineering, and 3) Post Construction Phase.
Quality Assurance (QA) testing verification during the construction phase of the project is covered under
Part B-Special Services. Part B phases are described in more detail below. The actual bid amount for this
project is $3.2M.
PART A -BASIC SERVICES: Airport Access Road Improvements
Part A -Basic Services consisted of the preliminary design phase, design phase, and bidding phase for this
project. This work was completed by the engineering firm of record.
Special Considerations
The following special considerations were required for this project. They were previously completed by the
engineering firm of record and will be supplied by the Sponsor for informational purposes only.
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Eagle County Regional Airport March 28, 2008
Airport Access Road Improvements
Topographical Surveying. Survey completed by the engineering firm of record to include:
~ The existing ground elevations, infrastructure and utilities located within the project limits, which
include the project limits of the rehabilitation/reconstruction of Airport Access Road.
Geotechnical and/or Pavement Investigation. Copies of the final geotechnical and pavement
investigations will be provided by the Sponsor and should include the following information:
~ Final geotechnical reports utilized during the design phase of this project, including soil
classifications, Atterberg limits, swell/consolidation, and California Bearing Ratio (CBR) Values.
~ Final pavement reports based on testing including conclusions/recommendations, various
recommended pavement section designs, testing area map, testing data, and back calculation data to
determine pavement strength.
Traffic Count Study. Copies of the traffic count studies will be provided by the Sponsor.
PART B -SPECIAL SERVICES: Airport Access Road Improvements
Part B -Special Services will consist of the construction administration phase, on-site construcrion
coordination phase, and post-construction/project close out phase. Also included are direct subcontract
costs such as Quality Assurance testing verification during construction.
1.0 Construction Administration Phase
1.1 Coordination with the Engineering Firm of Record. Project coordination between both office and
resident engineering staff and the engineering firm of record will be periodically required to assure the
successful completion of the project.
1.2 Office Assistance. Office Engineering staff, CAD personnel, and clerical staff will be required to assist
the Resident Engineer as necessary during construction. Specific items to be accomplished include compiling
and sending additional information requested from the office to the project site, providing secondary
Engineering opinions on issues arising during construction, maintaining project files as necessary (field files
are mirrored in the office for continuity) and various other items necessary in the day to day operations.
Coordination with the design firm as required.
1.3 Weekly Reports. The Project Manager will review progress reports weekly.
1.4 Change Orders/Supplemental Agreements. Clerical and drafting personnel will assist the Project
Manager with change orders and supplemental agreements as necessary.
Z.0 On-Site Construction Coordination Phase
This phase will consist of providing one full time lead field Engineer for 150 calendar days. It will be the
responsibility of the Engineer to have sufficient on-site construction coordination to ensure that the project is
completed according to good construction practice and is consistent with the Engineer's direction. Overhead
costs, travel costs, and per diem are in addition to the engineering hours expended.
2.1 Field Inspection/Coordination. The Project Manager will make on-site visits, as required, to deal with
construction issues as necessary for the duration of the project. As of now, it is estimated that the Project
Manager will be required to make a minimum of six site visits for the project.
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Eagle County Regional Airport March 28, 2008
Airport Access Road Improvements
2.2 Resident Engineering. The Resident Engineer (1) will work approximately 10 hours per day. It is
assumed that the Engineer will be able to complete daily documentation in the course of the 10 hour day and
that total inspection on-site time is anticipated to be 150 calendar days.
2.3 Review Construction Submittals. The construction coordination will consist of reviewing and
approving the shop drawings and material submittal data from the Contractor. The Engineer will review
copies of the Contractor's survey data for pavement grades and structure locations. The Resident Engineer
will review other construction items for general compliance with the construction documents. Coordination
and/or clarification from the design firm may be required.
2.4 Calculate Construction Quantities. The Engineer will maintain record of the progress and will review
the quantity records with the Contractor on a periodic basis.
2.5 Periodic Cost Estimates. The Engineer will prepare the Periodic Cost Estimates and review the
quantities with the Contractor. The Engineer, Airport and Contractor will resolve discrepancies, or
disagreements with the Contractor's records.
2.6 Prepare Daily Reports. The Engineer will maintain a daily log of the construction activities for the
duration of time on site.
2.7 Prepare/Submit Weekly Reports. The Engineer will prepare a weekly status report and will submit
to the Sponsor and the office.
2.8 Review QC/QA Results provided by Contractor/Engineer. The Engineer will review and
coordinate revisions by the Contractor for Quality Control and the Engineer's Testing Firm for Quality
Assurance submittals performed as part of the acceptance testing required by the technical specifications.
Should any additional testing need to be accomplished, this will be coordinated with the Contractor who will
be responsible for completion.
3.0 Post Construction Coordination Phase
This phase will consist of project close out and site cleanup.
3.1 Conduct Final Inspection. The Engineer, along with the Sponsor, will conduct the final inspection.
3.2 Coordinate Final Surveys. The Engineer will coordinate with the Contractor's surveyor for the final
survey upon completion of construction.
3.3 Prepare Clean-up Item List. The Engineer will assure the Contractor has removed all construction
equipment and construction debris from the project and that the site is clean.
3.4 Engineering Record Drawings. The Engineer will prepare the Record Drawings indicating
modifications made during construction. All drafting for the Final Record Drawings will be prepared by the
office drafting personnel. One set of half size drawings (hard copy and electronic) will be submitted to the
Sponsor. Original "Issued for Construction" plans in an acceptable electronic format will be provided by the
Sponsor in order to complete this task.
3.5 Engineering Final Construction Report. The Engineer will prepare the final Construction Report.
Clerical will complete the typing for the final Construction Report. Clerical will prepare the Required Project
Closeout statements. A copy of the Construction Report, prepared according to all applicable sections of the
current Northwest Mountain Region's Construction/Final Report guidance, will be submitted to the Sponsor.
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Eagle County Regional Airport
Airport Access Road Improvements
March 28, 2008
3.6 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses,
Engineering fees and costs, surveying costs, testing costs and construction costs associated with project and
assemble a total project summary. The summary will be compared with the available funding.
3.7 Assist with Project Audits. When requested by the Sponsor, the Engineer will assist with the project,
or year-end audit. The Engineer will provide files requested that are pertinent to the project cost and
completion.
Special Considerations
The following special considerations are required for this project but will be completed by Sub-Consultants to
the Engineer.
Acceptance Testing. The acceptance testing will be performed under the direct supervision of the Resident
Field Engineer. Certified Materials Technicians will perform the necessary material acceptance testing as
detailed in the Project Specifications.
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