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Home My WebLink AboutC14-295 Jviation Amendment No. 4JVIATIONm EGE AIP 50 Construct Air Carrier Apron (Phase 1) AMENDMENT NO. FOUR (4) TO CONTRACT DATED MAY 14, 2013 BETWEEN JVIATION, 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, CO to include fees for engineering services. The improvement Item No. 1 is included in the Scope of Work of the original contract. The item covered by this amendment is described as follows: Air Carrier and General Aviation apron rehabilitation and/or new construction. 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 WARRANTY WORK COORDINATION Warranty Work Coordination.......................................................... Lump sum of $4,220.00 TOTAL BASIC SERVICES............................................................ Lump sum of $4,220.00 Method of payment shall be as follows: 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 amount to be paid upon Notice to Proceed for construction, or, in the event the Sponsor does not elect to proceed with construction, the remaining ten percent to be paid upon receipt of request for payment from the Engineer. PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) The maximum estimated SPECIAL SERVICES engineering is as follows: CONCRETE PAVEMENT TESTING Concrete Pavement Testing............................................................ Lump sum of $7,000.00 TOTAL SPECIAL SERVICES....................................................... Lump sum of $7,000.00 TOTAL.......................................................................................... Lump sum of $11,220.00 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. 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. The final ten 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 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. Page 2 of 10 • 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 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. Page 3 of 10 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 15015100-15, 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 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 (§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 (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. Page 4 of 10 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. 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(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. Page 5 of 10 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 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. Page 6 of 10 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. • 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 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 or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Page 7 of 10 XI. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR part 1910 All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. XII. CLEAN AIR AND WATER POLLUTION CONTROL (Reference: 49 CFR § 18.36(i)(12)) Note, when the DOT adopts 2 CFR 200, this reference will change to 2 CFR § 200 Appendix H(G)) Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. XIII. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (Reference: 2 CFR § 200 Appendix H (E)) • Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Page 8 of 10 • Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. • Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. • Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. Page 9 of 10 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 v, 201Y. SPONSOR: NAME LOCATION ENGINEER: JVIATION, INC. LI -3 Page 10 of 10 Eagle County Regional Airport AIP Pryea No. 3-08-0020-50 Contractor Warranty Work — Air CarrierApmn Construction (Phase I) July 3, 2014 SCOPE OF WORK FOR EAGLE COUNTY REGIONAL AIRPORT Eagle County, Colorado AIP Project No. 3-08-0020-50 Contractor Warranty Work — Air Carrier Apron Reconstruction (Phase I) This scope of work consists of coordinating the testing completed on the reconstructed concrete pavement on the air carrier apron under AIP Project No. 3-08-0020-50 and the warranty work to be completed by the Contractor. DESCRIPTION: The Air Carrier Apron Reconstruction (Phase I) project was constructed in the Summer/Fall of 2012 under AIP Project No. 3-08-0020-50. Several areas of the reconstructed concrete pavement on the air carrier apron are exhibiting scaling issues. Four cores were extracted from the reconstructed concrete pavement on the air carrier apron and will be tested to determine the potential cause of the scaling. The testing will be completed by DRP Consulting, Inc. (DRP) and DRP will be a subconsultant to Jviation. DRP's scope of work is provided as an attachment to this scope of work prepared by Jviation. The concrete pavement adjacent to the trench drain at the apron/Taxiway A4 intersection is also showing signs of distress. The area of concern is located near a spall repair which was previously repaired by the Contractor. The Engineering fees for the coordination of the warranty work associated with the Air Carrier Apron Reconstruction (Phase 1) project will consist of Part A -Basic Services, which includes; Warranty Work Coordination and Part B -Special Services, which includes; Concrete Pavement Testing. Parts A and B described in more detail below. PART A - BASIC SERVICES Part A - Basic Services will consist of coordinating the testing completed on the reconstructed concrete pavement on the air carrier apron under AIP Project No. 3-08-0020-50 and the warranty work to be completed by the Contractor. 1.0 Warrantv [Fork Coordination 1.1 Meetings with the Sponsor. This task includes meeting with the Sponsor to review the condition of the reconstructed concrete pavement on the air carrier apron. Also included in this task is meeting with the Sponsor to discuss the contractor's warranty period, potential corrective actions, and testing procedures. 1.2 Coordination with the Contractor. This task includes meeting with the Contractor, Villalobos Concrete, to review the condition of the reconstructed concrete pavement on the air carrier apron and potential corrective actions. This task also includes providing the Contractor with core locations and coordinating the Contractor's schedule to complete the coring operations. 1.3 Coordination with the Testing Firm. This task includes discussing the testing to be completed on the four cores extracted from the reconstructed concrete pavement with the testing firm, DRP Consulting. 1.4 Coordination with the Sponsor and Contractor. This task includes discussing the test results with the Sponsor and Contractor. This task also includes recommending corrective actions to the Sponsor and coordinating with the Contractor to complete those corrective actions. Eagle County RegionalAirporf AIP Project No. 3-08-0020-50 Contractor Warranty Work — Air CarrierApron Construction (Phare I) July 3, 2014 PART B - SPECIAL SERVICES Part B - Special Services will consist of the testing of the concrete pavement cores sampled from the areas exhibiting scaling. The testing will be completed by a subconsultant to the Engineer. The cost for this work will be included in the engineering contract agreement with the Sponsor and the costs are in addition to the engineering fees outlined in Part A. The concrete pavement testing will be completed by DRP Consulting, Inc. Four cores were extracted from the reconstructed concrete pavement on the air carrier apron and will be tested to determine the potential cause of the scaling. DRP's scope of work and fee is included with this scope of work. 2 of 2 3200 Carbon Place #104 Boulder, Colorado 80301 T303.938.0166 F303.938.0167 petro@drpcinc.com Project Name Eagle Co. Airport Pavement Scaling DRP Project No. DRP14.1194 Date: I 9 May 2014 The client referenced below, in authorizing fees for services, acknowledges and agrees that the Terms and Conditions set forth by DRP Consulting, Inc. (DRP) are incorporated herein by this reference and apply to this Order. Submitter: Mike Quinn, P.E. Company: Jviation Address: 900 S Broadway Ste 350 ity, State, Zip: Denver CO 80209 Email: I Mike.Quinn@jviation.com elephone: 1 303-524-3030 (Amount Authorized: $7000 I Invoice Frequency I Upon completion I PO # I I Signature: rint Name: 'lease state reasons for testing, problems observed, or other relevant information. Include the name and location o; ie project and the type of construction Please attach additional documents if necessary. Investigate potential cause(s) of premature scaling of airport pavement slabs. DRP will conduct comprehensive petrographic examinations (ASTM C856), air void analyses (ASTM C457) and acid - soluble chloride testing (ASTM C1152) on control samples to assess quality of finishing and curing, determine chloride exposure and to characterize the properties and quality of the concrete. DRP will conduct basic petrographic examinations (ASTM C856*) on the scaled samples to assess the nature and extent of damage associated with the scaling. Chloride analyses and air void work can be added to the scaled cores later if desired by the client. Sample Information DRP ID Client ID Description Testing Requested* 18YD6811 Core #1 Severe scaling, aver placement ASTM C856* 18YD6812 Core #2 Control sample, paver placement ASTM C856/C457/C1152 18YD6813 Core #3 Moderate to severs scaling, hand placement ASTM C856* 18YD6814 Core #4 1 Control sample, hand placement ASTM C856/C457/C1152 DRP WILL RETAIN SAMPLES FOR 30 DAYS AFTER THE COMPLETION OF WORK AND THEN DISPOSE OF THEM AT OUR DISCRETION. PLEASE NOTIFY US TO ARRANGE SAMPLE RETURN AT THE CLIENT'S COST OR TO ARRANGE FOR STORAGE AT A NOMINAL FEE DRP Consulting, Inc. Boulder, Colorado www.drpcinc.com 8 8 8 8 8 8 8 8 8 w 8 � s 0 0 0 0 8 a $8 » a S 8 $ W Q q4 a9i W �xx x 8 8 a 0 Ix� g a ~ 8 pp eV a � g � 8 c 8 c c 9 G �a �a �s a° i 0 o gu •H ti E .n Q00 8 8 8 6 a E `� a