HomeMy WebLinkAboutC02-286 Washington Infrastructure Services_7th amendmentCoy-�7-!? _-76
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WIS Job No. EGE-2331F
AMENDMENT NO. SEVEN TO CONTRACT
DATED APRIL 27, 1998
BETWEEN
WASHINGTON INFRASTRUCTURE SERVICES, INC.
AND
EAGLE COUNTY, COLORADO
The Sponsor and the Engineer agree to amend their contract for improvements to Eagle County Regional
Airport, Eagle, Colorado to include fees for engineering services. The improvement for Apron Joint Sealant
and Spall Repair is included in the Scope of Work of the original contract. The items covered by this
amendment are described as follows:
Apron Joint Sealant and Spall Repair; Runway, Taxiway and Apron Painting.
The Sponsor agrees to pay the Engineer for the services listed under Article II of the original contract in the
following manner:
PART B - SPECIAL SERVICES
CONSTRUCTION ADMINISTRATION
The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs shall be
determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's
standard hourly rates for each applicable employee classification, plus direct non -hourly expenses
including labor, overhead, and general administrative costs. Overhead costs are based on the most
recent audit on the Engineer's records. See attached page for hourly rates and billing procedure.
The estimated maximum for CONSTRUCTION ADMINISTRATION is:
For Apron Joint Sealant and Spall Repair ........................................ Maximum of $1,753.00
Runway, Taxiway and Apron Painting
FIELD ENGINEERING
The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs shall be
determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's
standard hourly rates for each applicable employee classification, plus direct non -hourly expenses
including labor, overhead, and general administrative costs. Overhead costs are based on the most
recent audit on the Engineer's records. See attached page for hourly rates and billing procedure.
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The estimated maximum for FIELD ENGINEERING is:
For Apron Joint Sealant and Spall Repair ...................................... Maximum of $26,703.00
Runway, Taxiway and Apron Painting
For this Amendment, the Sponsor shall pay the Engineer's costs to a maximum of $25,194.00 plus a
fixed fee of $3,262.00.
The Engineer's costs, exclusive of the fixed fee, shall not be exceeded without the Sponsor's written
prior approval.
The above estimated maximum is based on a construction project taking 17 working days.
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
VIE[. 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 incorporated 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
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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 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.
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.
VM. 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
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Engineer shall maintain all required records for three years after the Sponsor makes final 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.
M. Breach of Contract Items, 49 CFR Part 18. Any violation or breach of the terms of this contract
on the part of the Engineer may result in the suspension or termination of this contract or such other
action which may be necessary to enforce the rights of the parties of this agreement.
XII. Disadvantaged 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 apply
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 CFR 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.
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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.
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 a 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.
XIV. Termination of Contract, 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 of termination 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.
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XV. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, 49 CFR
Part 29. The 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 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.
All other terms and conditions of the original contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this
(9cl /)n d day of 0C.L06 a .L 2002.
SPONSOR:
BOARD OF COUNTY CONMUSSIONERS
EAGLE COUNTY, COLORADO y
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Chauman
Wcotolt�RN
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DaAttest
ENGINEER:
WASHINGTON INFRASTRUCTURE SERVICES, INC.
By
112M��Rood'-
Vice President, Airport Services
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EGE-2331F
HOURLY RATES* AND BILLING PROCEDURES
Projects Billed with Fixed Fee
(2002 Rates)
Principal.............................................................................................................................................. $152.00
StaffEngineer/Planner..........................................................................................................................113.00
Engineer/Planner/Construction Coordinator.......................................................................................... 82.00
Assoc. Engineer/Planner/Constr. Coordinator........................................................................................63.00
Draftsman/CADD Operator....................................................................................................................52.00
Clerical/Data Processor...........................................................................................................................47.00
Auto-CADD Work Station.....................................................................................................................25.00
Includes labor overhead, general and administrative costs.
Company car and Personal car usage will be billed at the rate of $30.00 per day (2-wheel drive), $55.00 per
day (4-wheel drive) and $0.365 per mile. Auto rental and out-of-town expenses will be billed at actual costs.
Out-of-town meals will not exceed the most current Federal Per Diem Rates. Soils and pavement
investigations, topographic surveys, and other engineering support will be billed at actual costs.
(12.04.01)
OOrates.fld.2002
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DISTRIBUTION
Originals to:
1. Contract Book
2.
3.
4.
Copies to:
1. Accoanring
