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HomeMy WebLinkAboutbocc.con.157.2008/121.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING /s~- 2008 oY+.i~ic.~-.~ Croxrrer-fir s'f~ CONTRACT ~o0 7 ORIGINATING DEPARTMENT/DIVISION: Airport CONTACT PERSON: David Ulane PHONE 429-2853 PROJECT NAME: Terminal Architecture ? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) CHECK PROCUREMENT TYPE: ?None ?Informa] ®Formal ?Sole Source ?Emergency ?State Bid ? ®Compliance with House Bills 06-1343 and 07-1073 (Under $10,000, Letters of Engagement, etc.) CHECK CONTRACT TYPE: DOLLAR AMOUNT: $345,853.16 BUDGET LINE ITEM/LEDGER NUMBER: 404.69.91451.86016 ?Services/Maintenance ?Employment (for county employees) ?License/Use ?Intergovernmental Agreement (Requires BOCC Action) ?Lease ?Non-Profit ?Construction ?Quasi-Public ?Goods, Equipment, Supplies ?Grant Agreements (Requires BOCC Action) ?Other (e.g. revenue) ®Change Order/Contract Amendment CONTRACTOR/BUSINESS:J3 Aviation Complete Legal of Name of Business J3 Aviation Consult c. Contract ~~ate:4/25/2008 Contract End Date: 7/30/2012 Automatic Renewal ?Yes ®No Term of Contract: 4!25/2008-7/3012012 All Contracts should be proofed for the following: ? ®No Pages Missing ? ?If a Page is Left Intentionally Blank -Note on Page ? ®Page numbered consecutively ? ®All Signatures Affixed ? ®All Dates Filled In ? ®All Other Blanks Filled In ? ®All Exhibits Attached ? ®HB 06-1343 and 07-1073 Legislation Included in RFP andlor Contract ? ®All Legal Descriptions Attached (if appropriate) ? ?Notice of Award/Proceed Attached (if appropriate) ? ?Wananty, if applicable ®Special Instructions for Finance Department: House Bill attached for original contract ®Sent to Clerk and Recorder for 5canning/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. (y rt~s' NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. AMENDED 04/01/08 ASE LOC 03 TERMINAL AREA PLAN PRELIMINARY PLANNING AMENDMENT NO~(1) TO CONTRACT FOR PROVISION OF SERVICES AS ASSIGNED IN THE FIRST AMENDMENT TO CONTRACT FOR PROVISION OF SERVICES WITH CARTER AND BURGESS, INC. DATED AUGUST 1, 2007 BETWEEN J3 AVIATION CONSULTANTS INC. AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO The Sponsor and the Consultant (hereafter referred to Consultant agree to amend their contract for improvements to Pitkin County Airport, Colorado to include fees for engineering services. The improvement is included in the Scope of Work of the original contract. The items covered by this amendment are detailed in the scope of work attached hereto as Exhibit A, which scope of work is incorporated herein by this reference, and are generally described as follows: Terminal Area Plan Preliminary Planning The Sponsor agrees to pay the Engineer for the services in the following manner: PART A -BASIC SERVICES- None PART B -SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) Terminal Area Plan: Items 1.1 through 2.1 Preliminary Planning ............................... Lump sum of $140,000.00 Item 2.2 Forecasting ...................................................................... Lump sum of $50,000.00 Item 9.0 Consulting Program Coordination ............................... Lump Sum of $155,853.16 Method of payment shall be as follows: Interim payments up to 90 percent based on work performed by the Consultant 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 Consultant. Page 1 of 7 2 PART C -ASSURANCES I. CIVIL RIGHTS ACT OF 1964, TITLE VI -CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant") agrees as follows: Compliance with Regulations. The Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which aze herein incorporated by reference and made a part of this contract. Nondiscrimination. The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant 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. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Consultant 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 Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Information and Reports. The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. • Sanctions for Noncompliance. In the event of the Consultant'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 Consultant under the contract until the Consultant complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. Page 2 of 7 .~ • Incorporation of Provisions. The Consultant shall include the provisions of paragraphs one through five (Compliance with Regulations, Nondiscrimination, Solicitations for Subcontracts, Information and Reports, and Sanctions for Noncompliance) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. II. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 -GENERAL CIVIL RIGHTS PROVISIONS Reference: Airport and Airway Improvement Act of 1982, Section 520;Title 49 47123;AC 150/5100-15, Para. IO.c. The Consultant 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 tenanUconcessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Consultants, this provision binds the Consultants from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. III. DISADVANTAGED BUSINESS ENTERPRISES Reference: 49 CFR Part 26 • Contract Assurance (§26.13) -The Consultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to cant' out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. • Prompt Payment (§26.29) -The prime Consultant agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Fifteen (IS) days from the receipt of each payment the prime Consultant receives from Sponsor. The Page 3 of 7 prime Consultant agrees further to return retainage payments to each subcontractor within Fifteen (15) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Boazd. This clause applies to both DBE and non- DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR Part 20, Appendix A • No Federal appropriated funds shall be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Consultant shall complete and submit Standazd Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. V. ACCESS TO RECORDS AND REPORTS Reference: 49 CFR Part 18.36(1); FAA Order 5100.38 The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Consultant which aze directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters aze closed. Page 4 of 7 5 vI. BREACH OF CONTRACT TERMS Reference: 49 CFR Part 18.36 Any violation or breach of terms of this contract on the part of the Consultant or their subcontractors may result in the suspension or ternunation of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(1)(8); FAA Order 5100.38 All rights to inventions and materials generated under this contract aze subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. VIII. TRADE RESTRICTION CLAUSE Reference: 49 CFR Part 30.13; FAA Order 5100.38 The Consultant or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause aze waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subcontractor who is unable to certify to the above. If the Consultant 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 Consultant agrees that, if awazded 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 Consultant may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. Page 5 of 7 ~0 The Consultant shall provide immediate written notice to the sponsor if the Consultant learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Consultant 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 awazd. If it is later determined that the Consultant or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant 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. IX. TERMINATION OF CONTRACT Reference: 49 CFR Part 18.36(1)(2); FAA Order 5100.38 • The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. • If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. • If the termination is due to failure to fulfill the Consultant's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Consultant shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. • If, after notice of termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the temunation shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. • The rights and remedies of the sponsor provided in this clause aze in addition to any other rights and remedies provided by law or under this contract. Page 6 of 7 X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Reference: 49 CFR Part 29; FAA Order 5100.38 The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debazred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/Consultant 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 of /~PKt'~- 2008 SPONSOR: PITKIN COUNTY COLORADO By David Ulane A.A.E. Assistant Director of Aviation CONSULTANT: J3 Aviation Cons By J.D. Ingi• Principal Page 7 of 7 ~! >a~y ~p/~Nt ~I-~EK 25 T ~{ day SCOPE OF WORK FOR ASPEN-PITffiN COUNTY AIRPORT ASPEN, COLORADO DESCRIPTION: TERMINAL AREA DEVELOPMENT PLAN -PRELIMINARY PLANNING Although it has undergone one major addition and major system repairs, at more than 30 years old, the terminal azea at Aspen-Pitkin County airport has been deemed through the Master Plan process to be in need of renovation ox replacement. The facilities need to be evaluated for potential altemadves to meet current and projected demand, requited code compliance upgrades, needed improvements to facility systems that aze in disxepau, an improved passenger experience, evaluation of intermodal transportation opporhinities and a desire to reduce the environmental footprint of the facility. With improvements to the FfVVY 82 comdor for Bus Rapid Transit and additional housing opposite the airport, it appeazs prudent to thoroughly evaluate the community's needs fox not just the terminal facility, but also the roadway access plan to the facilities. Understanding that the airport has exceeded its current facility based on typical space requirements and the time required to design and construct facility improvements, the airport desires a plan for improvements that will allow it to properly service the Roaring Fork Valley and surrounding areas. This plan will identify immediate potential improvements to alleviate some existing concerns, as well as a phased implementation plan for longer term improvements throughout the terminal azea. Capacities of various terminal azea functions will be identified as well as additional community needs that can be addressed through joint planning along the corridor. This method will validate needs, forecasts, etc. and provide opportunities for the community to proceed with improvements to the airport at the pace chosen by the community. This scope covers initial concepts, meetings and necessary preliminary work to develop a comprehensive scope, and fee, and attend necessary meetings through July 1, 2008. This scope also provides program management services for a period of one yeaz from date of execution, at a specified rate of time per month. To support the project development the following items are required to prepare the necessary deliverables. 1.0 Preliminary Planning Phase and Project Coordination Deliverables: Following the kick-off meeting, consultant will submit finalized scope, schedule, fees and meeting minutes. Task coordination with Master Plan Update, and Runway Extension Environmental Assessment. J3 Aviation Consultants Inc. ASE TAP Prelim SO W rev2 1 of 5 425!08 Ck~exall Scope of Work fox Terminal Development Plan (75% effort) Finalization of this scope will be inclusive in the approved TAP scope. Seven conceptual plan view alternative layouts for the east side site fox review and discussion. 1.1 Scope of Work and Fee Development -Task will consist of preparation of the scope of work for review by design team, other related planning consultants, sponsor and FAA. It is expected that four meetings and four revisions to scope will be necessary to arrive at the appropriate work scope for this effort. This effort includes negotiation of scope and fee with subconsultants. 1.2 Consultant Coordination -Task will consist of preliminary coordination with various other consulting efforts ongoing at ASE, including meetings in Denver, in Aspen, and via conference call. Meetings scheduled for the program manager include five day long RFTA meetings, foot consultant coordination meetings, in Denver, for three staff members, three meetings both in Aspen and via teleconference to coordinate efforts with various other stakeholders. 1.3 Preliminary Alternatives -Task includes development of 7 initial alternatives to schematic plan view, based upon preliminary terminal square footage fox review and discussion by county staff, to assist in completion of the scope development and beginning discussions within the community. 1.4 Project Management -Task includes three months of project management both onsite and remotely for a duration between January 2008 and July 1, 2008. 1.5 Preliminary development of Overall Scope of Work for Terminal Development Plan - Task includes prelittunary work to develop an overall scope of work, to be utilized as the basis for future task orders to be developed independently. Effort will provide approximately a 75% complete product, pending review and further scope refinement. 1.6 Project Initiation The project will commence with a "kick-off' meeting at the offices of the Airport. Prior to the meeting, the Consultants will prepare a draft work plan and schedule for discussion. The work plan and schedule will be our tool for measuring our progress during performance of the work and will be reviewed with airport staff at the kick-off meeting. The objectives of the meeting axe as follows: • Ensure that all parties clearly understand their roles in this study • Discuss the draft work plan and schedule • Review the work to be accomplished in approximately 45 days • Establish communication guidelines fox the team 2.0 Planning Phase Deliverables: • Working Paper #1 - A draft of the Inventory Chapter of the report will be submitted to the Airport fox review and comment at the completion of 2.1a - 2.1e. This includes a scaled AutoCAD drawing, suitable to the client, of the existing terminal layout. • Public Meeting #1 conducted to express the intent of the project to the community and gain community feedback on direction fox project. Meeting to take place after receiving review comments on Working Paper #1 ~J3 Aviation Consultants Inc. ASE TAP Prelim SO W rev2 2 of 5 '~~05 1~ • Aviation forecasts will be submitted to the Airport and FAA fox review and comment at the completion of item 2.2 2.1 Inventory Existing Facilities, Equipment and Activity This task includes reviewing existing drawings and documentation and conducting a site visit to collect information on the facility and current levels of activity. A Topographical survey is excluded from this scope. Existing basemaps, survey data and topographical information will be utilized. Specific inventory items will include the follow under section 2.1 a - 2.1 e 2.1a Existing Facility and Data Collection Data will be collected on all of the existing terminal facilities and how adequately they aze currently performing their needed functions. This effort will include an assessment of the size and condition of the facilities, as well as photography and current usage of the facilities. This analysis will include all landside and airside elements comprising the terminal complex, including ticketing; tenant office and storage spaces; baggage system and claim devices; passenger and inline baggage screening; passenger holdtooms; concessions; rental car counters and ready lot; parking and roadways; utilities and available geotechnical data, and airside aircraft and GSE parking. This task should include the verification of the existing terminal building, ie; size of building in its entirety as well as all individual spaces to create an accurate representation of the terminal. This will produce accurate plans of the existing terminal for all future use. 2.1b Community Socioeconomic/Surface Transportation Analysis Community growth will impact passenger levels at the airport and needs to be analyzed in order to develop accurate activity forecasts and understand the existing and future surface transportation trends in the Valley. 2.1c Observations Consultant will assess the terminal functions during a representative busy period (summer event weekend -food and wine ox similaz) in an attempt to develop a reasonable estimate of an acceptable level of service fox passenger space and seating requirements. Specific care will be taken to gather the following data to assist with work to be performed under separate scope related to energy and greenhouse gas inventories and reduction strategies: • Ground access o what mode of transportation did the passenger take to get to or from the airport (ie, private vehicle, rental caz, taxi, shuttle, etc)? o If they came by private caz/rental caz -- did they pazk at the airport or did someone drop them off? o Fox those pazking (even if they were dropped off), did they enter the pazking lot first ox did they use the curb and then park? o What type of vehicle did they come in (sedan, station wagon, Van, SW, truck, limo, motorryde)? o If a shuttle -- which hotel/provider? (this is so we can gauge distance and vehicle type/fuel type) o Fox those using the curb, is there a way to estimate then dwell time (ie, time that the ...~..... m,r.~ ~~.M..,,.~,&o- J3 Aviation Consultants Inc. ASE TAP Prelim SOW rev2 3 of 5 M25~08 \` vehicle waited on the curb fox the passenger)? o Where locally did the passenger begin (ox will they end) their travel? About how fax away is that by road travel? o How many passengers aze in this pazty (ie, people traveling together)? Did they take more than one vehicle? o Where is their au travel destination or origin (ie, which city)? If they connected/changed planes, where was that? • GSE Vehicle information: o Fot each vehicle type, collect vehicle type, the manufacturer, fuel type (diesel, gas, electric), the annual duty cycle or identify the number of minutes that each vehicle class is used pet flight/LTO. • Facilities o Identify all source of fuel/energy consumption to include number of meters, and associated services for heating, cooking, general building lighting, and related sources within the Terminal Atea, to include rental cat wash facilities, meters fox parking systems, and other standalone meters from the Fixed Base Operator to the southern (upvalley) extents of the airport. 2.1d Meetings with Tenants and Public The Consultants, along with member(s) of the airport staff, will meet with major terminal azea tenants. The purpose of these meetings will be to detertnnte tenant-desired improvements in the short and long team to maximise their revenue and efficiency. Potential tenants include airlines, rental car agencies, pazking, TSA and concessions. 2.1e Preliminary Geotechnical Evaluation The geotechnical consultant will perform G-8 exploratory borings based on reviewed alternative sites proposed for future structures on the East Side of the airport. Borings will be performed to a level of 60-80 feet below existing grade or to bedrock, to verify soil types, explore existence of groundwater, and feasibility of installation of structures below grade. 2.2 Airline Activity Forecasts This task will consist of reviewing and/ox modifying existing passenger enplanement and commercial aircraft activity forecasts to account for current trends at the airport, in the community, and in the nationwide air transportation system. The forecasts will project passenger numbers and aircraft types fox the 20 year period from the 2008-2028. Forecasts will be submitted to the Sponsor, and various other consulting teams fox review prior to the determination of facility requirements required meeting the projected demand. Finalization of forecasting documents will be completed upon concurrence of the Sponsor for review by the FAA. Specific elements of the forecast will include: • Existing and forecast passenger enplanements • Existing and forecast commercial aircraft operations • Existing and forecast peak hour/peak day determination • Existing and forecast commercial critical aircraft ~.. ~ J3 Aviation Consultants Inc. ASE TAP Prelim SO W rev2 4 of 5 42&08 \~ S~rdy Ri~ld Asp~n/Pitkin County Airport 0233 East Airport Road Aspen, Colorado 81 61 1 970/920-5384 FAX 970/920-5378 May 12, 2008 Scot Cary, PE J3 Aviation Consultants 1700 Lincoln St Suite 2920 Denver, CO 80203 RE: Aspen/Pitkin County Airport Contract 121-2007 Dear Scott: Per our discussions today, this correspondence hereby modifies the coverage limit of the Professional Errors and Omissions Coverage required in Section 12 of the above-referenced contract to $5,000,000. With additional regards to this contract, the following language was not included in the original contract dated August 1, 2007, but is now required to be certified by each Contractor in accordance with Colorado state law: 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, 108th 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 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 of job 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 (3) 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 (S) of C.R.S. § 8-17.5-102. Please accept these revisions to contract 121-2007 by signing where indicated below. If you have any questions please let me know. Sincerely, David R. Ulane, A.A.E. Assistant Aviation Director/Administration J3 AVIATION CONSULTANTS, INC. ACCEPTED: BY S /3 os Date