HomeMy WebLinkAboutbocc.res.017.2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING AMENDMENTS
ON CONTRACT WITH
WASHINGTON INFRASTRUCTURE
AND
THE ASPEN/PITKIN COUNTY AIRPORT
Resolution#017, Series of 2001
RECITALS
1. Pitkin County, a Colorado home-rule county, is the owner, sponsor and operator of the Aspen/Pitkin County Airport(Sardy
Field),located in the vicinity of Aspen,Colorado, and has the authority to regulate commercial activities and to lease and license
space at the Airport,pursuant to, inter alia, 1973 C.R.S.41-4-101 et seq.,30-35-202,Title IV of the Pitkin County Code,and Section
8.7 of the Pitkin County Home Rule Charter;and
2. The County entered into a contract with the Washington Infrastructure Services dated December 20, 1999 for improvements to
the Aspen-Pitkin County Airport,to include fees for engineering services;and
3. For each project year during the term of the Agreement, an Amendment to the base agreement is required to be executed which
specifies scope-of-work and contract fees for the specific project to be completed;and
4. Revised Amendment Number One replaces the original Amendment which was approved by BOCC on March 22, 2000 in the
amount of$449,416.50. The original amendment required revision due to the winter shut down of the AIP-20 general aviation ramp
project. The shut down not only increased the estimated project construction days but the professional service fees as well;and
5. Revised Amendment One also includes miscellaneous ad-hoc engineering projects in the amount of$21,000. $5,400 federally
reimbursable under AIP-21 (Burlingame Land Acq.),with the total services cost of$518,337.28;and
6. Amendment Number Two is for professional services associated with East Side Infrastructure Improvement (ESID) planning
and design project. This project has the strong support of the FAA based upon the goal of redesigning airport facilities as described in
some detail in the AIS attached;and
7. The anticipated costs for the ESID Plan was budgeted at a total project cost of$1,277,778(90%federal and 10%local). FAA is
now programming a total federal share of$1,200,000 that will increase the local share to $132,000 and give ESID a revised total project
budget of$1,320,000. The ESID plan is included in our approved FY 2001 budget and adequate funds are available to pay the County's
share of this federal grant.
8. On the recommendation of staff,the BOCC finds that the approval of these Contract Amendments for the referenced services is
in the best interest of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, THAT:
Section 1 Approval and Adoption. That the Revised Amendment Number One and Amendment Number Two to the Contact
between Pitkin County and the Washington Infrastructure, Inc., original copies available with Deputy Clerk, and incorporated
herein by this reference, is hereby approved and adopted by the Board of County Commissioners.
Section 2 Authority to Execute. The Chair(or Vice-Chair) of the Board of County Comrissioners is hereby authorized and
directed to execute on behalf of the County this Resolution and the subject documents to accomplish the transactions that have been
approved as to form by the County Manager and County Attorney.
APPROVED AND ADOPTED AT THE REGULAR MEETING ON THE )ft DAY OF Feb . , 2oo#.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF PITKIN COUNTY, COLORADO
t l�Y By:
JeanGtt ones, Deputy Clerk, Michael Irelan , Chairperson
Date Date
APPROVED AS TO FORM: MANAGER APPROVAL:
John El rney Hilary S , County Manager
RECOMMENDED FOR APPROVAL:
i� TCo
Peter Van Pelt, Director of Aviation Tom ken, Director of Mdministrative Services
ow
ASE-2208.72205.902
AIP PROJECT NO. 3-08-0003-20/-21
(REVISED) AMENDMENT NO. ONE TO CONTRACT
DATED December 20, 1999
BETWEEN
WASHINGTON INFRASTRUCTURE SERVICES, INC.
(Formerly)
ISBILL DIVISION,
Raytheon Infrastructure Inc.
AND
PITKIN COUNTY, COLORADO
The Sponsor and the Engineer agree to amend their contract for improvements to Aspen Pitkin County
Airport, Aspen, Colorado to include fees for engineering services associated with an extended
construction time period for the federally eligible work and separately for the non-federal work items.
The improvement Items No. 1 and 2 are included in the Scope of Work of the original contract. Items
16, 17, and 18 are added under this Amendment. The items covered by this amendment are described
as follows:
1. Relocate North GA Aircraft Parking out of ROFA.
2. Rehabilitate GA Apron Phase 1.
16. Taxiway Marker Layout/West Side Concepts/Rental Car Reconfiguration (Non-Federal)
17. Runway Lighting Trouble Shooting/Report(Non-Federal)
18. Update Exhibit "A" to depict Land Acquisition for Runway 33 RPZ and Road
Realignments (Federal under AIP-21)
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
DESIGN PHASE
A lump sum for Items 1 and 2 (No Change this Amendment)..........................$206,079.50
(Includes $24,100 for Planning Subconsultant)
Item No.16(Added to this Amendment) .............................. to a Maximum of$10,000.00
Item No. 17(Added to this Amendment) ............................... to a Maximum of$5,000.00
Item No. 18 (Added to this Amendment) ............................... to a Maximum of$6,000.00
Page I of 9
BIDDING PHASE
A lump sum for Items No. 1 and 2 (No Change this Amendment)...................... $18,184.65
Method of payment shall be as follows:
Interim payments up to 90 percent based on work performed by the Engineer and detailed in a
report submitted to the Sponsor with the request for payment. The remaining ten percent 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.
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 any administrative costs incurred, as listed under
PART B.
PART B - SPECIAL SERVICES
SOILS AND PAVEMENT INVESTIGATIONS (FOR DESIGN)
Item Nos. 1 and 2 (No Change this Amendment)........................................... $11,520.00
TESTING SERVICES (FOR CONSTRUCTION)
Item Nos. 1 and 2 (No Change this Amendment).............................................$2,000.00
TOPOGRAPHIC SURVEYS (FOR DESIGN)
Item Nos. 1 and 2 (No Change this Amendment)............................................$7,300.00
FINAL TOPOGRAPHICAL SURVEYING (CONSTRUCTION)
Item Nos. 1 and 2 (No Change this Amendment)............................................$5,000.00
CONSTRUCTION ADMINISTRATION/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.
Page 2 of 9
The estimated maximum for CONSTRUCTION ADMINISTRATION is:
For Item Nos. 1 and 2 (Increase this Amendment of$3,229.20 and include the original fixed fee
of$2,905.53)for the federal work ..................................... to a Maximum of$27,304.93
The estimated maximum for FIELD ENGINEERING is:
For Item Nos. 1 and 2 (Increase this Amendment of$44,691.58 and include the original fixed
fee of$17,515.32)for the federal work ............................. to a Maximum of$219,948.20
For this Amendment, the Sponsor shall pay the Engineer's costs for Construction Administration
and Field Engineering to a maximum of$222,052.20 plus a fixed fee of$25,200.93 for the
federal work.
In addition, the Sponsor shall pay the Engineer's costs for Field Engineering to a maximum of
$6,262.10 plus a fixed fee of$743.94 for the non-federal work.
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 125 working days for the
federally eligible work and 5 additional working days for the Non-Federal portion of the work.
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 or when the construction work has terminated. The "Record Drawings" and
"Construction Report" shall be submitted within a period of 90 days from the end of the
construction period. This Amendment shall be considered concurrent with completion of audit.
PART C - ASSURANCES
VII. 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
Page 3 of 9
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
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.
VIII. 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
Page 4 of 9
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 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.
XI. 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 23. It is the policy of the Department
of Transportation that disadvantaged business enterprise as defined in 49 CFR Part 23 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 23 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 23 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 23 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);
Page 5 of 9
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.
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.
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.
Page 6 of 9
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.
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.
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.
Page 7 of 9
IN WI2,tESS WHER F, the parties hereto have affixed their signatures this
—:day of 20,(�
SPONSOR: ENGINEER:
PITKIN COUNTY, COLORADO WASHINGTON INFRASTRUCTURE SERVICES INC.
By 1�i)64—(� By
V ' 6t Chairman Title: Vice President, Airpotrt Services
Attest
Deputy Cp my Clerk
APPROVED AS TO FORZ
By
County Attorney
RE MENDED FOR APPROVAL APPROVED AS TO BUDGET:
By By VI7 ✓L-U
Hilary Fletc Smith, County anager Thoma . Oken,
Admin trative Services Director
By
Peter Van Pelt, Director of Aviation
Page 8 of 9
0
WAS No. ASE 2208.72205.902
AIP No. 3-08-0003-20/-21
Attachment A
Established Hourly Rate* Schedule
Principal ........................................................................................................... $109.80
Staff Engineer/Planner............................................................................................. 92.10
Engineer/Planner/Construction Coordinator.................................................................. 58.50
Assoc. Engineer/Planner/Constr. Coordinator ................................................................ 44.60
Draftsman/CADD Operator....................................................................................... 36.10
Clerical/Data Processor............................................................................................ 42.80
Auto-CADD Work Station........................................................................................ 25.00
* Includes labor overhead, general and administrative costs (no profit).
Company car and Personal car usage will be billed at the rate of$27.70 per day (2-wheel drive),
$55.00 per day (4-wheel drive) and $0.32.5 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 cost.
Page 9 of 9
WIS No. ASE-2248.72205.904
AIP PROJECT NO. 3-08-0003-22
AMENDMENT NO. TWO TO CONTRACT
DATED DECEMBER 20, 1999
BETWEEN
WASHINGTON INFRASTRUCTURE SERVICES, INC.
(Formerly known as)
ISBILL DIVISION,
Raytheon Infrastructure Inc.
AND
PITKIN COUNTY, COLORADO
The Sponsor and the Engineer agree to amend their contract for improvements to Aspen-Pitkin County
Airport, Aspen, Colorado to include fees for engineering services. The improvement Item No's 4, 6, 9,
10, 11 (Partial), 12, 13 and 15 are included in the Scope of Work of the original contract. The items
covered by this amendment are described as follows:
Item No. 4 Rehabilitate GA Apron Phase 1I.
Item No. 6 Relocate GA Parking between ARFF Building and Air Carrier Apron.
Item No. 9 Construct North GA Apron/Relocate Aircraft Parking Out of ROFA.
Item No. 10 Relocate North Portion of Taxiway "A".
Item No. 11 Widen Runway 15/33 Runway Safety Area (Partial).
Item No. 12 Relocate South Portion of Taxiway "A".
Item No.13 Install Medium Intensity Taxiway Lights.
Item No. 15 Rehabilitate GA Apron Phase III.
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
PRELIMINARY PLANNING
A lump sum for planning associated with Item No's 4, 6, 9, 10, 11 (Partial), 12, 13 and 15, and
for overall conceptual design/preliminary planning associated with the East Side Infrastructure
Development (ESID), as described under Parts I, II, and III of the associated Scope of Work for
AIP 3-08-0003-22.................................................................................$318,200.00
DESIGN
A lump sum for Item No's 4, 6, 9, 10, 11 (Partial), 12, 13 and 15 for Preliminary Planning/Design
and Final Design. .................................................................................$855,033.00
Pagel of 8
BIDDING
A lump sum for Item No's 4, 6, 9, 10, 11 (Partial), 12, 13 and 15................................ $51,293.00
Method of payment shall be as follows:
Interim payments up to 90 percent based on work performed by the Engineer and detailed in a
report submitted to the Sponsor with the request for payment. The remaining ten percent to be
paid upon completion of the bidding process, or, in the event the Sponsor does not elect to proceed
with bidding, the remaining ten percent to be paid upon receipt of request for payment from the
Engineer.
PART B - SPECIAL SERVICES
The maximum estimated SPECIAL SERVICES engineering is as follows:
SOILS AND PAVEMENT INVESTIGATIONS (FOR DESIGN)
Item No's 4, 6, 9, 10, 11 (Partial), 12, 13, and 15, and overall site coverage as
required. ............................................................................................. $30,000.00
CONTROL SURVEYS (FOR AERIAL MAPPING) .........................................$8,000.00
TOPOGRAPHIC SURVEYS (FOR DESIGN)
Item No's 4, 6, 9, 10, 11 (Partial), 12, 13, and 15,supplemental to aerial mapping and for utility
investigation/documentation, as well as planning elements. ............................... $22,000.00
AERIAL SURVEYS/MAPPING................................................................ $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 aerial surveys/mapping 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, and billed by the consultant
and Subconsultants.
Page 2 of 8
PART C - ASSURANCES
VII. 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
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 I
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
Page 3 of 8
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.
VIII. 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 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.
XI. 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 23. It is the policy of the Department
of Transportation that disadvantaged business enterprise as defined in 49 CFR Part 23 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 23 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 23 have the maximum opportunity to participate
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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 23 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.
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.
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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.
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.
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IN WITjNESS WHE O , the pa ties hereto have affixed their signatures this
day of 2001.
SPONSOR: ENGINEER:
PITKIN COUNTY, COLORADO WASHINGTON INFRASTRUCTURE SERVICES INC.
By _ '4 By `
VUChairman, �_`� Title: Vice President, Airport Services
Attest
Deputy Obunty Clerk
APPROVED AS TO FORM:
By—
Cot orney
RECOMMENDED FOR APPROVAL APPROVED AS TO BUDGET:
By A By
Hilary Flekfier Smith,County Manager Tho C. Oken,
Admi istranve Services Director
C7 /
By
Peter Van Pelt, Directo of Aviation
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WAS No. ASE 2248.72205.904
AIP No. 3-08-0003-22
Attachment A
Established Hourly Rate* Schedule
(based on 2000 rates)
Principal ........................................................................................................... $135.00
StaffEngineer/Planner............................................................................................ 115.00
Engineer/Planner/Construction Coordinator.................................................................. 75.00
Assoc. Engineer/Planner/Constr. Coordinator ................................................................ 60.00
Draftsman/CADD Operator....................................................................................... 55.00
Clerical/Data Processor............................................................................................ 50.00
Auto-CADD Work Station ........................................................................................ 25.00
Company car and Personal car usage will be billed at the rate of$27.70 per day (2-wheel drive),
$55.00 per day (4-wheel drive)and$0.34.5 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 cost.
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