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CONTRACT AGREEMENT EGE-2113
FOR
IMPROVEMENTS TO
EAGLE COUNTY REGIONAL AIRPORT
EAGLE, COLORADO
THIS AGREEMENT, made and entered into this 24' day of May 1999, by and between
Eagle County Commissioners, Eagle, Colorado, hereinafter referred to as the "Owner" and Best
Access Systems, Second Party, hereinafter referred to as the "Contractor."
WITNESSETH:
Article 1. STATEMENT OF THE WORK. The Contractor shall furnish all labor and
materials and perform all work for improvements to Eagle County Regional Airport, in strict
accordance with the Plans and Specifications dated April 16, 1999 prepared by Isbill Associates,
Raytheon Infrastructure Inc., for improvements to Eagle County Regional Airport. He shall complete
this work within 40 working days from the effective date of the Notice to Proceed.
Article 2. It is hereby further agreed, that, in consideration of the faithful performance of
the work by the Contractor, the Owner shall pay the Contractor the compensation due him by reason
of said faithful performance of the work, at stated intervals and in the amounts certified by the
Engineer in accordance with the provisions of this Contract.
Article 3. It is hereby further agreed, that, in the completion of the work and its acceptance
by the Owner all sums due the Contractor by reason of his faithful completion of the work, taking
into consideration additions to or deductions from the contract price by reason of "Force Account"
work authorized under this Contract in accordance with the provisions of this Contract, will be paid
the Contractor by the Owner after said completion and acceptance. Final acceptance cannot be made
by the Sponsor until any and all proper legal advertisements have been made. All payments shall
be made in accordance with Colorado Revised Statute 38-26-107.
Article 4. It is hereby further agreed that any reference herein to the "Contract" shall include
all "Contract Documents" as the same are listed and described in the General Provisions of the
Specifications, issued in connection with the improvements to Eagle County Regional Airport, and
said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length
herein.
Article 5. Contract Clauses and Requirements for Construction Contracts.
Consent to Assignment. The Contractor shall obtain the prior written consent of the
Owner to any proposed assignment of any interest in or part of this contract.
2. Withholding, Owner from. Contractor. The Owner may withhold or cause to be
withheld from the Contractor so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics employed by the Contractor
or any subcontractor on the work the full amount of wages required by this contract.
3. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any
laborer or mechanic employed or working on the site of the work any of the wages
required by this contract, the Owner may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment or
advance of funds until the violations cease.
4. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions
contained in paragraphs 1, 2 and 3, of this section and also a clause requiring the
subcontractors to include these provisions in any lower tier subcontracts which they
may enter into, together with a clause requiring this insertion in any further
subcontracts that may in turn be made.
5. Contract Termination. A breach of paragraphs 4 and 5 may be grounds for
termination of the contract.
B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts unless
Otherwise Indicated.
During the performance of this contract, the Contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "Contractor") agrees as follows:
1. Nondiscrimination. The Contractor, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, sex, age, color, or
national origin in the selection and retention of subcontractors, including procurements
of materials and leases of equipment.
2. Solicitations for Subcontractors including Procurements of Materials and Eauinment.
In all solicitations either by competitive bidding or negotiation made by the Contractor
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 Contractor of the Contractor's obligations under this contract relative to
nondiscrimination on the grounds of race, sex, age, color, or national origin.
3. Information and Reports. The Contractor shall provide all information and reports
required and shall permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Owner to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of a Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor shall so certify to the
Owner and shall set forth what efforts it has made to obtain the information.
4. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this contract, the Owner shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
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a. Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
5. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs
1 through 5 in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives issued pursuant thereto.
The Contractor shall take action with respect to any subcontract or procurement as
the Owner may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a Contractor becomes involved
in, or is threatened with, litigation with a subcontractor or supplier as a result of such
direction, the Contractor may request the Owner to enter into such litigation to protect
the interests of the Owner.
6. Breach of Contract Terms - Sanctions. Any violation or breach of the terms of this
contract on the part of the Contractor/subcontractor 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. The terms and conditions of paragraph
80-09 of the General Provisions of these Contract Documents are hereby made a part
of this agreement as fully as if set out at length herein.
7. Contract Termination. (For contracts in excess of $10,000.) This contract may be
terminated by the Owner for default or any other conditions or circumstances beyond
the control of the Contractor. Termination conditions, the manner by which it will
be effected and the basis for settlement are as follows:
"In the event that the Owner is prohibited from completing the project because of
conditions or circumstances beyond the control of either the Owner or the Contractor
such as, but not limited to, an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense or an order of any State or
Federal Court permanently prohibiting the construction of the project, the Owner,
acting by and through its Airport Manager, may terminate the Contract or portion
thereof by giving at least ten (10) days' written notice thereof to the Contractor.
When the Contract, or any portion thereof, is terminated before completion of all
items of work in the Contract, payment will be made for the actual number of units
or items of work completed at the Contract price. On items or units which are only
partially completed, payment will be made in proportion to the completed work as
determined by the Engineer in his sole and absolute discretion, bears to the total bid
price. Acceptable materials, obtained or ordered in the work at the time of such
termination, shall at the option of the Owner be purchased from the Contractor at
actual cost as shown by receipted bills and actual cost records at the point of
delivery.
The intent of this provision is to provide a method of equitable settlement with the
Contractor in the event of termination of the Contract because of conditions or
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circumstances beyond the control of either party. Loss of anticipated profits shall not
be considered. It is also the intent of this provision that a settlement for the work
performed shall not relieve the Contractor or his surety from responsibility for
defective work and/or materials on the completed portion of the work, nor for labor
and materials as expressed in the surety bond or bonds. The Airport Manager or his
authorized representatives shall be given full access to all books, correspondence and
papers of the Contractor relating to this Contract in order to determine the amounts
to be paid on account of the termination of the Contract."
C. Access to Documents. Records, etc.
1. For All Cost -reimbursement Type of Contracts.
The Owner or an authorized representative of either shall be allowed access to the
Contractor's records which are pertinent to the contract for the purpose of accounting
and audit.
2. For All Negotiated Contracts in Excess of $10,000.
The Owner, or any of the Owners duly authorized representatives, shall be allowed
access to any books, documents, papers and records of the Contractor which are
directly pertinent to this project(s) for the purpose of making audit, examination,
excerpts and transcriptions.
D. Bonding Clauses for Construction Contracts and Subcontracts.
1. The Contractor agrees to furnish a performance bond for 100 percent of the Contract
price. This bond is one that is executed in connection with a contract to secure
fulfillment of all the Contractor's obligations under such contract.
2. The Contractor agrees to furnish a payment bond for 100 percent of the Contract
price. This bond is one that is executed in connection with a contract to assure
payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the Contract.
Article 6. The Contractor agrees to accept as his full and only compensation for the
performance of all the work required under this Contract such sum or sums of money as may be
proper in accordance with the price or prices set forth in the Contractor's Proposal attached hereto
and made a part hereof covering all of the items.
Article 7. The Contractor agrees to indemnify, defend and hold harmless the Owner, from
any and all claims and damages to property and injury to persons which may arise both of and
during operations under this Contract, whether such operations be by the Contractor or by any
subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or
person employed or engaged on or about, or in connection with, the construction.
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Attorney Fees, Costs, and Expenses of Litigation. In the event of a breach of this agreement,
the breaching party shall pay to the non -breaching party all reasonable Attorney fees, cost and other
expenses, incurred by the non -breaching party enforcing its rights as a result of said breach.
The total cost for Schedules III thereof to be One Hundred Eight Thousand, Two Hundred
Twenty -Three and, 00/100 dollars ($108,223.00).
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused this
agreement to be duly executed the day and year first herein written in six (6) copies, all of which
to all intents and purposes shall be considered as the original.
SPONSOR, First Party
ATTEST: Eagle County Commissioners
Eagle, Colorado
B
APPROVED AS TO FORM:
Attorney
Title
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CONTRACTOR, Second Party
Best Access Systems
7076 South Alton Way, Building D
Englewood, Colorado 80112
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EGE-2113
NOTICE TO PROCEED
TO: Best Access Systems
7076 South .Alton Way, Building D
Englewood, Colorado 80112
You are hereby authorized to proceed on this date, 15 o? 7 � ,
with the improvements to Eagle County Regional Airport, Schedule III, in accordance with the
Contract Documents and your proposal. The work shall begin no later than ten days after the date
of this notice.
Eagle County Regional Airport, Eagle, Colorado
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DISTRIBUTION
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