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HomeMy WebLinkAboutC14-148 Jviation, Inc. Modification No. 1 to Amendment 1 JV IATI O N® Jviation PROJECT NO.EGE AIP 51 SRE Facility AIP PROJECT NO.3-08-0020-51 MODIFICATION NO. 1 to AMENDMENT NO. ONE (1)TO CONTRACT DATED MAY 14, 2013 BETWEEN JVIATION, INC. AND EAGLE COUNTY, COLORADO The Sponsor and the Engineer agree to modify Amendment No. 1 to their contract for improvements to the Eagle County Regional Airport, Gypsum, Colorado, dated May 14, 2013 (the "Original Contract"), to include additional fees for engineering services for Item No. 8, SFRR/SRE facility expansion or replacement, included in the Scope of Work of the Original Contract NOW THEREFORE,in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: Amendment No. 1 to the Original Contract shall be amended to include the following provisions: (1)FEES: The Sponsor agrees to pay the Engineer for the services relating to the ARFF/SRE facility expansion or replacement(the"Project") according to the schedule under Article II of the Original Contract in the following manner: PART A- BASIC SERVICES DESIGN Preliminary Re-Design Efforts Time and Materials not to exceed $8,500.00 Preliminary Design Lump sum of$118,938.00 Design Lump sum of$306,540.00 TOTAL BASIC SERVICES $433,978.00 Method of payment shall be as follows: For services rendered under PART A— BASIC SERVICES the S onsor agrees to make p interim payments based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. A retainer of ten percent of the total contract pricefor Basic Services 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 13-SPECIAL SERVICES(SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) The maximum estimated SPECIAL SERVICES engineering is as follows: GEOTECHNICAL INVESTIGATIONS Geotechnical Investigations Lump sum of$8,802.50 TOPOGRAPHIC SURVEYS Topographic Surveys Lump sum of$5,203.17 ARCHITECTURAL Structural Engineering Services Lump sum of$52,100.00 Mechanical, Electrical and Plumbing Engineering Services Lump sum of$54,500.00 ACCEPTANCE TESTING Acceptance Testing Lump sum of$30,000.00 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,topographic surveys,and hydrological studies,or other studies as listed under PART B. CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING The estimated maximum for CONSTRUCTION ADMINISTRATION and FIELD ENGINEERING is: Pre-Construction Coordination Lump sum of$9,514.00 Construction Coordination Lump sum of$150,232.00 Post Construction Lump sum of$13,373.00 TOTAL SPECIAL SERVICES Lump sum of$323,724.67 SUB-TOTAL Lump sum of$749,202.67 PLUS A NOT TO EXCEED Time and Materials of$8,500.00 TOTAL CONTRACT PRICE For a total not to exceed amount of$757,702.67 Page 2 of 9 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,up to 90 percent of the total contract price for Special Services. The final ten percent of the total contract price for Special Services shall be due and payable when the project final inspection and the Construction Report have been completed, 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, whichever is earlier. The "Record Drawings" and Construction Report shall be submitted within a period of 90 days from end of construction period. (2)ASSURANCES: 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: I. CIVIL RIGHTS ACT OF 1964,TITLE VI—CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 • 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 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, Page 3 of 9 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. • 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 above (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 150/5100-15,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 Page 4 of 9 • III 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. III. DISADVANTAGED BUSINESS ENTERPRISES Reference: 49 CFR Part 26 • Contract Assurance 026.13)-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 (1 S) 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 20,Appendix A • 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. Page 5 of 9 V. ACCESS TO RECORDS AND REPORTS Reference: 49 CFR Part 18.36(i);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. 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(i)(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 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 Page 6 of 9 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. 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 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 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(i)(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. Page 7 of 9 • 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. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Reference: 49 CFR Part 29;FAA Order 5100.38 The bidder/offeror/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 acceptance of this contract that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. (3) TERMS: Capitalized terms in this Modification No. 1 to Amendment No. 1 will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of this Modification No. 1 to Amendment No. 1 conflict with, modify or supplement portions of the Original Agreement or Amendment No. 1,the terms and provisions contained in this Modification No. 1 to Amendment No. 1 shall govern and control the rights and obligations of the parties. (4) FULL FORCE AND EFFECT: Except as expressly altered, modified and changed in this Modification No. 1 to Amendment No. 1, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. (5) BINDING NATURE: This Modification No. 1 to Amendment No. 1 shall be binding on the parties hereto, their heirs, executors, successors, and assigns. Page 8 of 9 IN WITNESS W REOF,the parties hereto have affixed their signatures this day of A�''4'C 2014. SPONSOR: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUN Y COMMISSIONERS 4111. By: VAILV Jil 1. ► . 'yan, Chairman o� � Attest: 1 * . By: j' • 400".- ...ir� c°tondoo Teak J. Simonton,' lerk to the Board ENGINEER: JVIATION, INC. By: fir' Name: Jim Trott Title: Principal Page 9 of 9