HomeMy WebLinkAboutbocc.con.156.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 156-2008
ORIGINATING DEPARTMENT/DIVISION: Airport
CONTACT PERSON: David Ulane PHONE #: 429-2853
PROJECT NAME: On-Going Fly Quiet
^ BOCC AGENDA ITEM ^STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
® Over $50,000 (Requires County Manager's Signature)
/ CHECK PROCUREMENT TYPE:
^None ^Infortnal ®Fonnal ^Sole Source ^Emergency ^State Bid ^
^Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc
DOLLARAMDUNT: $108,500/year
/ CHECK CONTRACT TYPE:
., Equipment, Supplies
(e.g. revenue)
BUDGET LINE ITEM/LEDGER NUMBER: 404.68.95708.82000
(for county employees)
sntal Agreement (Requires BOCC Action)
Agreements (Requires BOCC Action)
;e Order/Contract Amendment
CONTRACTOR: Bardnard Dunkelberg and Company COMPLETE LEGAL OF NAME OF BUSINESS (if
different from contractor)
Contract Execution Datea/1/08
Automatic Renewal: ^Yes ®No
S OP
Contract End Date: 12/31/11
Term of Contract: Three Years
-J~ All Contracts should be proofed for the following:
/ ®No Pages Missing
/ ®If a Page is Lefr Intentionally Blank-Note on Page
/ ®Page numbered consecutively
/ All Signatures Affixed
/ ®All Dates Filled In
/ ®All Other Blanks Filled In
/ 6ZIAl1 Exhibits Attached
/ ®HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
/ ^AlI Legal Descriptions Attached (if applicable)
/ ^Notice of Award/Notice to Proceed Attached (if applicable) ,QQy
/ ^Warranty (if applicable) `'7r \ ~!V
/ ^Special Instructions for Finance Department: ,`D
/ ®Sent to Clerk and Recorder for Scanning/Archiving
/ ®Authorized Staff Person's Name: David Ulane
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE.
Rev 03/OS/08js
Contract #156-2008
Ledger #404.68.95708.82000
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Barnard Dunkelberg & Company (hereinafter "Contractor").
1. Term. The term of this contract is from January 1, 2008 to December 31, 2011. At the
expiration of the initial term, the contract may be extended for an additional term of three (3)
years by the express written consent of both parties.
2. Contractor's Oblieations. Contractor shall continue the Aspen/Pitkin County Airport's
FlyQuiet/Noise Monitoring and Reporting Program as outlined in the attached Exhibit A.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set
out in Paragraph 2. It is expressly understood and agreed that unless mutually agreed to in
writing in advance, in no event will the total compensation and reimbursement to be paid
hereunder exceed the sum of $108,500 per calendar year for all services rendered. By contract
or amendment, the County and Contractor may reallocate the budget among project tasks if
the total budget amount remains unchanged. Contractor shall invoice for the project monthly
based on hours worked, with payment expected within thirty (30) days of invoice, but any
payment by the County may be offset by any amount the Contractor owes the County for any
reason
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this contract shall be the property
of the County. However, Contractor shall have the right to utilize such documents in the course
of its marketing, professional presentations, and for other business purposes. Contractor
assigns to County the copyrights to all work prepared, developed, or created pursuant to this
contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and S) to display the work
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketing purposes and professional presentations, articles, speeches and other business
purposes. Additionally, Contractor shall provide the County with electronic copies of all data
CONTRACT FOR PROVISION OF SERVICES
Rev 03/05/08 js
and information collected and prepared under this contract in a format viewable and editable
by County without the need for specialized computer software, as determined by the County's
representative.
5. Pitkin County's Oblieations. Pitkin County shall administer this contract through a
County Representative. David Ulane will manage the project as the County's Representative.
In the event that David Ulane is not available, Jim Elwood shall assume the County
Representative's duties. The services provided and products delivered by the Contractor under
this contract will be subject to review by the County's Representatives, or a designee, for
compliance with Contractors obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause, by giving written notice to the Contractor of
such termination and specifying the effective date thereof. Such notice shall be given at least
ten (10) days before the effective date of such termination. In such event all finished or
unfinished documents, data, studies and reports prepared by the Contractor pursuant to this
contract shall become the Countys property. Contractor shall be entitled to receive
compensation in accordance with the contract for any satisfactory work completed pursuant to
the terms of this contract prior to the date of termination. Not withstanding the above,
Contractor shall not be relieved of liability to the County for damages sustained by the County
by virtue of any breach of the contract by the Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent Contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant
of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during the term
of this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
Rev 03/OS/08js
8 Assisnability. This contract is not assignable by either party. Any use of subcontractors
by the Contractor for performance of this contract must be accepted in writing by the County.
9. Bindine Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon
the parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County
and the Contractor and supersedes all prior negotiations, representations, or contract, either
written or oral. This contract may be amended only by written contract signed by both the County
and the Contractor.
B. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder. Such changes, including the increase or decrease in
the amount of the Contractor's compensation, which are mutually agreed upon between the
County and the Contractor, shall be in writing and upon execution shall become part of this
contract.
12. Indemnity.
The Contractor (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subcontractors and suppliers), shall and hereby does release, discharge,
indemnify and hold harmless the County of Pitkin and its officials, employees, agents and
representatives from and against liability for any claim, demand, loss, damages, penalty, judgment,
expenses, costs (including costs of investigation and defense), fees (including reasonable attorney
and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury,
death, personal injury or property damage arising out of or in connection with any negligent act,
intentional act, error or omission by the Contractor, and for any consequential liability alleged to
accrue against the County on account of the Contractor's acts, errors or omissions; provided, how-
ever, that such indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sole negligence of the County or its employees.
The Contractor further shall investigate, process, respond to, adjust, provide defense for and
defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
Rev 03/OS/OSjs
13. Insurance.
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in
the State of Colorado, as will protect itself, the County and others as specified [INSERT NAMES
IF APPLICABLE see explanationl, from claims for bodily injuries, death, personal injury or
property damage, which may arise out of or result from the Contractor's acts, errors or omis-
sions. The following insurance coverage, at or above the limits indicated and including such
endorsements as are indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability- ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit 51,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit 52,000,000.00
Comprehensive Form (All risks) to include (place X by applicable provisions]:
Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personallnjury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) 51,000,000.00
4.
Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
_ (4) Owner's Protective
_ (5) Builder's Risk
_ (6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9)Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
Rev 03/05/08 js
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the
County through the representative identified in Paragraph 5, no later than ten (10)
calendar days prior to commencement of operations affecting the County. Failure to file
or maintain acceptable Certificates of Insurance with the County is agreed to be a
material breach of any contract. These Certificates of Insurance shall contain a
provision that coverage afforded under the policies will not be canceled or materially
altered unless at least thirty (30) calendar days prior written notice by certified mail,
return receipt requested (effective upon proper mailing), has been sent to the County
(through the County's Risk Department). (For purposes of this provision, "materially
altered" shall mean a change affecting the coverage's required herein, including a
change to policy limits as set out in the then-current policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
County's Risk Department (and promptly update, as necessary) a certified statement as to
claims pending against the required coverages, reserves established on account of such
claims, defense costs expended and amounts remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the following
clauses:
a. The clause "other insurance provisions;' in a policy in which the
County of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any premiums or
for assessments under any form of policy.
c. Any and all deductibles in the above-described insurance policies
shall be assumed by and be for the amount of, and at the sole expense of the
Contractor.
d. location of operations shall be: "all operations and locations at
which work for the referenced Project is being done:'
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policys expiration date except
for any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the term of this contract.
14. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales
Rev 03/05/08 js
or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624
and 84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of
three (3) years after final payment under the contract and the County shall have the right
within the three (3) year period to inspect and audit these books, records and documents, upon
demand, in a reasonable manner and at reasonable times, for the purpose of determining, by
accepted accounting and auditing standards, compliance with all provisions of the contract and
applicable law.
16. Contrail Made in Colorado. The parties agree that this contract was made in accordance
with the laws of the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this contrail beyond the arbitration described in Paragraph 9, the substantially prevailing parry
shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this contract, the monetary limitations or
terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101,
et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be construed or
interpreted to require or provide for indemnification ofthe Contractor by the County for any injury
to any person or any property damage whatsoever which is caused by the negligence or other
misconduct of the County or its agent or employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this
contract are subject to Pitkin County's annual right to budget and appropriate the sums
necessary to provide the services set forth herein. No provisions of the contract shall constitute
a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal
year of Pitkin County. No provision of the contract shall be construed or interpreted as creating
a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within
the meaning of any constitutional or statutory debt limitation. This contract shall not directly
or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin
County's then current fiscal year. No provisions of this contract shall be construed to pledge or
create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this
contract restrict the future issuance of Pitkin County's bonds or any obligations payable from
any class or source of Pitkin County's money.
6
Rev 03/OS/OSjs
20. Notice. Any written notice required by this contract shall be deemed delivered through
any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County
David Ulane
Aspen/Pitkin County Airport
0233 E. Airport Rd. Suite A
Aspen, CO 81611
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970)920-5198
B. To Contractor:
Barnard Dunkelberg and Company
Cherry Street Building
1616 E. 15`h St.
Tulsa, OK 74120
21. XXI. Compliance with House Bill 06-1343 and House Bill 07-1073
A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8
of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract
for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall
not:
1. Knowingly employ or contract with an illegal alien to perform work under
this contractor;
Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the
General Assembly of the State of Colorado:
1. The Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who are newly hired for employment in the United States
through participation in the Basic Pilot Program [created in Public Law 208, 104th
Congress, or its successor and expanded in Public Law 156, 108`h Congress, or its
successor, that is administered by the United States Department of Homeland Security]
and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into
this contract, the Contractor shall apply to participate in the Basic Pilot Program every
Rev 03/05/08 js
three months until the Contractor is accepted or this contract has been completed,
whichever is earlier. This provision shall not be required or effective if the Basic Pilot
Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening ofjob applicants while this
contract is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor
performing work under this contract knowingly employs or contracts with an illegal
alien, the Contractor shall be required to:
a. Notify the subcontractor and the County within three days that
the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (B) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
4. The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that the
Department of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. § 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRACTOR:
By: ~i I~~ YJJrJ~ ~8'~%/
Title E(. l9c(`L- YJ1F.s1OF-~ S' IS' ~~
Date
Rev 03/OS/08js
BOARD of COUNTY COMMISIONERS OF PITKIN COUNTY, COLORADO:
By: " ~31 ~0
Authorized Signer Date
By ~~ ~/2i~ ~O /.~ 6~
Hilary Flet r, County Manager
Rev 03/05/08 js
Exhibit A
Barnard Dunkelberg & Company ~~
Airport and Environmental Consultants Page 1 of 2
Cheny Street Building
1616 East Fifteenth Street
Tulsa, Oklahoma 74120
Phone: 918 585-8844
FAX: 918 585-8857
The following budget represents the Barnard Dunkelberg & Company and BridgeNet costs
to continue and expand upon the existing Fly Quiet/Noise Monitoring Program at
Aspen/Pitkin County Airport. The proposed budget is presented as an annual cost, to be
the same for three additional years.
Current Monitoring Program
2 one week periods per year
$28,000 per yeaz
Additional Noise Monitoring in support of Fly Quiet Program
Expand to 2 weeks per season $13,500 per yeaz
Add new site at Brush Creek $2,000 per yeaz
Establish one year-round site (Lemos) $3,000 per year
Passur Radar Data (paid through 08) $18,000 per year
(pass through purchase)
Fly Quiet Phase II Reporting
Develop Reporting System
Fly Quiet Reporting (historical trends/contour)
Meetings and Misc.
Summary of Annual Costs
Current Program
Expanded Monitoring
Passur Radar Purchase
Prepare Simi-Annual Fly Quiet Reports
Meeting and Misc Tasks (2 per year)
Tota12008
$25,000 (one time only)
$22,000 per yeaz
$22,000 per year
$28,000/yeaz
$18,500/year
$18,000/year
$22,000/year
$22,000/year
$108,500/year
10
Rev 03/OS/08js
Aspen/Pitkin County Airport Memo
2 oft
One Time Setup Costs
One time Cost of Setup of Reporting System $25,000
Tasks Paid in 2007
Passur Flight Track -Data 18 months of data $18,000
Fly Quiet Setup Costs (Base period analysis) $5,000
Total Cost in 2008 $108,500
Annual Cost $108,500
One time Setup Cost $25,000
Portion Paid in 2007 invoice, minus this -$23,000
Total Cost in three future years, 2009-2011 $108,500/year
Page
11