HomeMy WebLinkAboutbocc.con.091.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 091-2010
ORIGINATING DEPARTMENT/DIVISION: Airport
CONTACT PERSON: Francey Jesson PHONE #: 429-1870
PROJECT NAME: Airport Wildlife Assessment/Management Plan
^ BOCC AGENDA ITEM ^STAFF AUTHORIZED SIGNATURE
(Requires I3C)CC Signature) (per Revised Procurement Code 7/2005)
~ Over $50,000 (Requires Count,y Mana~er's Signature)
/ CHECK PROCUREMENT TYPE:
^None ^Informal ~Formal ^Sole Source ~Emergency ~State Bid ^
^Compliance with House Bills 06-1343 and 07-1073 - Immigration Form (Under $10,000, Letters of Engagement, etc
DOI..LAR AMOUN'I': 176,851 t3i,"DGt±:'C I..INF; I.~C'EMI[.~F:DGER NL~1Y113F..tt: 404.69.94791.82000
/ CHECK CONTRACT TYPE:
~ Serv ice s/Maintenance
^License/Use
^Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
^Employment (for county employees)
^Intergovernmental Agreement (Requires BOC'C Action)
QNon-Profit
^Quasi-Public
^Grant Agreements (Requires F30C'C~ Action}
^Change Order/Contract Amendment
CONTRACTOR: Mead & Hunt, Inc. COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor)
Contract Execution Date:6/28/10 Contract End Date: 6/31/2012
Automatic Renewal: ^Yes ~No Term of Contract: 2 years
°~.
S~T--~ All Contracts should be proofed for the following:
/
/ ~No Pages Missing ~ V
^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 (Immigration Legislation) Included in RFP and/or Contract
/ ^All Legal Descriptions Attached (if applicable)
/ ~Notice of Award/Notice to Proceed Attached (if applicable)
/ ^Warranty (if applicable)
/ ^Special Instructions for Finance Department:
/ ~Sent to Clerk and Recorder for Scanning/Archiving
/ ~Authorized Staff Person's Name: Francey Jesson
13Y CHF...CKING AI30VF; ANI) EN'I'T?RING NAME:,'I'kiF; AU"1'H012III±:I) S'I'AHF 1'ERSON INI.)ICATES'I'HA'I`
'CH.E A'I'7'ACHF..D 1)OCUME:N'I' H.AS 13EEN 1'RC)OE'E:D ANI) ItEADY FOR SC'ANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
Contract #091-2010
Ledger#404.69.94791.82000
NOTICE TO PROCEED
DATE: June 29, 2010
TO: Tom Schnetzer
Vice President
Mead & Hunt, Inc
FROM: Francey Jesson, C.M.
Assistant Aviation Director/Operations
Aspen/Pitkin County Airport
Rev. 12/10/09 jls
You are hereby authorized to proceed with the work covered in Task Orders 1 through
7 by Pitkin County Contract #091-2010.
All required permitting sh ld be approved and on site prior to commencement of work.
By:
Francey Jesson, ' ant Aviation Director/Operations
Procurement Officer
~ :,
Contract #091-2010
Line Item #404.69.94791.82000
~ r ~c
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Mead & Hunt, Inc. (hereinafter "Contractor").
1. Term. The term of this contract is from June 28, 2010 to June 31, 2012.
2. Contractor's Obli~ations. Contractor shall perform services as described in Task Orders
as outlined in Exhibit A- Scope of Services of this contract. Each task order shall include a scope
of services, a project budget, a project schedule and other mutually agreed upon terms. In the
event of any conflict between the terms of this Contract and the terms of Exhibit B, this
Contract shall control with the exception of Federally required clauses located within Exhibit B
identified as:
A. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS,
B. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL
RIGHTS PROVISIONS
C. DISADVANTA6ED BUSINESS ENTERPRISES,
D. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES,
E. ACCESS TO RECORDS AND REPORTS,
F. BREACH OF CONTRACT TERMS,
G. RIGHTS TO INVENTIONS
H. TRADE RESTRICTION CLAUSE
I. TERMINATION OF CONTRACT
J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
The parties recognize that these Federal Clauses may be revised from time to time by
the Federal Government.
3. Compensation and Expenses, Invoicin~, Pavment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set
Page 1 of 26
CONTRACT FOR PROVISION OF SERVICES
Contract #090-2010
Contract #091-2010
Line Item #404.69.94791.82000
forth in Exhibit A. The total compensation and reimbursement to be paid hereunder shall be
defined as set forth in Exhibit A and amendments thereto. In the event the Contractor incurs
time and expenses in excess of the total compensation provided for in Exhibit A and
amendments, no compensation for said additional time and expenses shall be required to be
paid by the County without written amendment to this contract executed by the County.
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. Reuse by County of any documents and/or services pertaining to this project or
extensions of this project or on any other project shall be at County's sole risk. 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 5) to display the work publicly. Contractor shall then have a
right to use materials produced in the course of this contract for marketing purposes and
professional presentations, articles, speeches and other business purposes.
5. Pitkin Countv's Obli~ations. Pitkin County shall administer this contract through a
County Representative. Francey Jesson will manage the project as the County's Representative.
In the event that Ms. Jesson is not available, David Ulane 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 Contractor's 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 County's 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. Notwithstanding 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. Additionally, Contractor shall provide
the County with electronic copies of all data 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.
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.
Pa~e 2 of 26
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Contract #091-2010
Line Item #404.69.94791.82000
B. Contractor is not required to offer its 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 services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. All work produced and services provided in the performance of the Contractor's
obligations under this contract will conform to the highest levels of care, skill and diligence
exercised by similarly situated, qualified and experienced professionals under similar
circumstances.
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.
8 Assi~nabilitv. 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. Bindin~ 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. Inte~ration 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. Indemnitv.
The Contractor (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subcontractors and suppliers), shall and hereby does release, discharge,
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Contract #091-2010
Line Item #404.69.94791.82000
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, property damage, delay damages, contract damages, and any other
damages or judgment of any kind arising out of, related to, or connected arising out of or in
connection with any negligent act, intentional act, error or omission by the Contractor, and for any
liability alleged to accrue against the County on account of the Contractor's acts, errors or omis-
sions; provided, however, that such indemnity shall not be construed as an indemnity for bodily
injury or property damage or any of the aforementioned liability claims arising from the sole negli-
gence 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, unless the claim is a result of the County's negligence for which
these costs will be prorated based on percent of fault.
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, 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 omissions. 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 $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include:
X 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) $1,000,000.00
Page 4 of 26
Contract #091-2010
Line Item #404.69.94791.82000
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
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."
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Contract #091-2010
Line Item #404.69.94791.82000
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's 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
or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624
a n d 84-78000-5 K.
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. Contract 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. In the event that legal action is
necessary to enforce any of the provisions of this contract beyond the arbitration described in
Paragraph 9, Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
17. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions
of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party
shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunitv. 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 of the 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, or from which the County otherwise would
itself be immune pursuant to the CGIA.
19. Current Year Obli~ations. 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
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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.
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
Francey Jesson
Aspen/Pitkin County Airport
0233 E. Airport Rd.
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:
Thomas Schnetzer
Mead and Hunt, Inc.
7900 W. 78th St. Suite 370
Minneapolis, MN 55439
21. XXI. Compliance with House Bill 06-1343.
A. In compliance with House Bill 06-1343, 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 contract or;
2. 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 enacted by the General Assembly of the State of
Colorado:
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Contract #091-2010
Line Item #404.69.94791.82000
1. The Contractor shall verify or attempt to verify through participation in
the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and
expanded in Pubtic Law 156, 108th Congress, as amended, that is administered by the
United States Department of Homeland Security] that the Centractor does not employ
any illegal aliens 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 subcontr.actor 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.
ONTRACT .
--~
Title ~lCr 1° ~s~ T- ~j' /!~
Date
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Contract #091-2010
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BOARD OF COUNTY COMMISIONERS OF PITKIN COUNTY, COLORADO:
BY: z3~'~ i o
Ja . wood, A.A.E. Date
By 1 ~'~--~ • I O
Hilary tcher, Count Manager
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EXHIBIT A
SCOPE OF SERVICES
TASKS 1- 5 BUDGET $109.146.33
Task 1. Scoping
This task includes development of the scope of services and preparation of the work effort and
cost budgets for completing the work. It also serves to organize the Project Team, which
includes Mead & Hunt, its sub-consultants (specifically CWS and Shannon Murphy), and Airport
Management, so that the necessary study effort is effectively comprehensive and the
participant roles and responsibilities are clearly defined.
The deliverables for this element will be draft and final scopes of work, schedule, an agreed-
upon project planning budget and a task order contract for the proposed planning work.
Specialty sub-consultants and their scopes of work will be identified and included in the
process. The budget will be identified using rates by role, labor hours by task, person-trips,
reimbursable costs and specialty sub-consultant's allowances. These documents will form the
basis of our contract for work with Pitkin County.
Deliverables for this task include:
• Draft Scope of services and project budget
• Final Scope of Services and project budget
• Contractual agreement
• Agreements with sub-consultants
Task 2. Project Management, Coordination, and Communication
Projects such as this study demand a refined approach to project management to achieve
success. This is especially true at the beginning of the process when the goals, direction,
criteria, assumptions, roles, and expectations are developed. Continuous and timely
coordination with the Airport and its designated Project Manager will be provided throughout
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the study. Project management tasks will continue throughout all aspects of the anticipated
project schedule.
Regular project status briefings will take place throughout the study process. These briefings
will take via a telephone call or an email between the Airport Project Manager and Mead &
Hunt's Project Manager. These briefings will include status reports of current work, upcoming
meetings and work effort and discussion of any challenges in the study effort which may affect
the schedule, process or budget.
Aspen/Pitkin Countv Airport Point of Contact
Francey Jesson, CM
Assistant Aviation Direction/Operations
Aspen/Pitkin County Airport
0233 East Airport Road Suite A
Aspen, CO 81611
ph: (970) 429-1870
fax: (970) 920-5378
Secondary Point of Contact
David Ulane
Aviation Assistant Director/Administration
Ph: (970) 429-2853
Consultant Team Point of Contact
Dan Hirchert
Project Manager
Mead & Hunt
6501 Watts Road
Madison, WI
ph: (608) 273-6380
fax: (608) 273-6391
Secondary Point of Contact
Tom Schnetzer
Principal-in-Charge
Ph: (952) 941-5619
Effort for this task also includes assisting the Airport with preparation of the Grant Application;
including completion of Form 424 (project application form). Mead & Hunt will also prepare
the monthly Requests for Reimbursement (RFR), on behalf of the sponsor.
Mead & Hunt will coordinate activities with Airport staff. Standard project management
activities will include:
• Ongoing coordination and communication with internal and external team members
• Monthly invoices and progress reports, including wildlife observations that may require
immediate attention from Airport management.
• Coordination, oversight, and quality control for all deliverables to ensure that they meet
regulatory requirements.
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Deliverables:
• Completed grant application
• Monthly RFRs
• Monthly invoices and progress reports
Task 3. Project Initiation and Kickoff
Task 3.1 Prepare for and Attend Project Kick-off Meeting
To initiate the project, Mead and Hunt will facilitate a kick-off ineeting at ASE for the proposed
project. During the meeting we will discuss the project schedule, reporting and communication
protocol, site access and security requirements, site-specific issues associated with the
Assessment, etc. Prior to the meeting, the Mead & Hunt team will review data pertaining to
the wildlife management promulgated by FAA and review existing data pertaining to wildlife
hazards at ASE. Such data will include:
• Title 14 Federal Aviation Regulations (FAR), part 139.337, Wildlife Hazard Management,
which prescribes the specific issues that a wildlife hazard management plan must
address for FAA approval;
• FAA AC 150.5200-33B, Wildlife Hazard Attractants on and NearAirports;
• AC 150/5200-32A, Reporting Wildlife Aircraft Strikes;
• Applicable portions of Federal Aviation Regulation (FAR) Part 139, Airport Certification;
• Wildlife Hazard Management at Airports: A Manual for Airport Personnel, prepared by
FAA and USDA, Wildlife Services; and
• FAA Wildlife Strike Database information for ASE.
• Airport Landscape Master Plan
• Master Plan Update documents (as they become available)
Following the kick-off ineeting with Airport management, Mead & Hunt team will fulfill ASE
requirements to receive Secure Identification Display Area (SIDA) badges and perform a site
reconnaissance visit with airport staff. The purpose of the site reconnaissance visit is to:
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• Identify monitoring locations for incorporation into the study design; and
• Identify safe access and no entry areas; and
• Identify any maintenance activities or short-term actions that can be implemented by
the airport to reduce hazards prior to completion of the 12-month Assessment,
• Familiarize team with off-airport lands within the potential study area
3.2 Prepare Study Design
Based upon the data review and site visit, the Mead & Hunt Team will prepare a study design to
meet all statutory requirements. FAA and USDA/WS recommends the following standardized
survey procedures to provide an objective assessment of hazardous wildlife in the airport
environment that can be repeated in future years for comparative purposes. The guidance
suggests the following:
• The establishment of standardized survey points located at approximately 0.5-mile
intervals throughout the AOA. Additional survey points may be established in nearby
off-airport areas suspected of attracting hazardous birds that move across the AOA. A
maximum of 15 data points are included for the study at ASE.
• Standardized bird surveys twice monthly.
• Nocturnal surveys, to document mid- to large-sized mammals, such as deer, (from
vehicle using spotlight or night vision equipment) on the airport. These specialized
mammal surveys will be conducted twice during the 12-month Assessment.
• Small mammal surveys, to document variety and abundance of small mammals on
airport grounds. These three day monitoring events will be conducted twice during the
12-month Assessment.
The number of monitoring events described above and included in the scope is based on
guidance from the FAA's Wildlife Hazard Management at Airports manual and meets current
requirements.
The study design prepared by Mead & Hunt will include, at minimum, the following data:
• Definition of Study Area including all items identified in FAA AC 150/5200-33B, Wildlife
Hazards On and Near Airports, and 14 CFR 139.337, Wildlife Hazard Management, such
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as the General Area, Airport Operations Area (AOA), Critical Zone, and Approach,
Departure and Circling Airspace;
• Frequency and schedule for biological monitoring to address daily cycles, seasonal
variations, etc;
• A map or aerial photography identifying standardized monitoring locations and
• Recording and reporting protocols and forms.
Deliverables:
• Attendance at a kick-off ineeting and site visit to discuss project schedule, contact
protocols, etc;
• Meeting notes;
• Summary of existing conditions and recommendations; and
• Draft study design.
Task 4: Perform and Document Biological Studies
As described in FAR Part 139.337 (c) (2), the Assessment must include the "identification of the
wildlife species observed and their numbers, locations, local movements, and daily and
seasonal occurrences." In most cases, a 12-month assessment is required to identify seasonal
patterns of activity for birds and other wildlife inhabiting the airport and surrounding area.
Mead & Hunt proposes bi-monthly monitoring, or a total of 32 monitoring events throughout
the course of the 12-month biological study including 24 point surveys, two nocturnal and two
small mammal surveys (three days each) to meet the FAA study requirements.
4.1 Initial Monitoring Event
After the initial monitoring event, a brief survey memo will be provided to summarize the
results of the initial site review or to identify necessary changes to the proposed study design or
protocols.
4.2 Perform Bi-Monthly Surveys
Mead & Hunt will perform bi-monthly field surveys, two nocturnal and two small mammal
surveys to record the presence, extent, and movement of wildlife on and near the airport. Each
survey will seek to identify:
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• Wildlife species observed and their numbers, locations, local movements, and daily and
seasonal occurrences.
• Types and locations of features on and near the airport that attract wildlife.
Mead & Hunt assumes that monitoring events will average seven hours, including one hour
travel and access, require four hours of monitoring and two hours to document field
observations. Each site will be documented on standardized forms and maps developed as part
of the study design. All field data will be included in the final Assessment report.
4.3 Prepare Mid-Project Summary Report
This task includes preparation of an interim report after the first six months of field monitoring
has been completed.
Deliverables:
• Memo to summarize initial monitoring event
• Final study design
• Thirty-two surveys 24 point-count, 2 nocturnal and 2 small mammal including local
travel, recorded field observations, and documentation;
• Interim report after six months of field monitoring to summarize the results of biological
monitoring performed to date.
Task 5. Prepare Wildlife Hazard Assessment Report
5.1 Prepare Draft Assessment Report
The purpose of the Assessment is to provide sufficient data to determine whether a Wildlife
Hazard Management Plan (Plans) is needed. Title 14 CFR 139.337 (c) (1-5) provides specific
guidance regarding Assessment contents to ensure that its contents are sufficient in the event
that FAA requires a Plan. As described in the FAA/USDA Wildlife Hazard Management Manual
forAirport Operators, the Assessment must contain the items included on the following table:
Wildlife Hazard Assessment Report Components
Requirement Description
Analysis of the event or circumstances that
prompted the study. For example, who, what, when, where, and why the Assessment is
required, including a description of triggering events or site-specific
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Wildlife Hazard Assessment Report Components
Requirement Description
conditions that pose concern.
Identification of the wildlife species observed and Description of wildlife species that have access to the airport
their numbers, locations, local movements, and including their:
daily and seasonal occurrences. • legal status,
• movement patterns, and
• seasonal patterns.
A description of the degree of risk posed by each species (e.g.,
observed behavior, hazard ranking per FAA guidance).
Identification and location of features on and Description of features on or near the airport that attract wildlife,
near the airport that attract wildlife. such as large open areas where they can loaf in relative safety;
abundant food or water; and escape, loafing, or nesting cover.
Each attractant shall be identified and evaluated, and the person or
agency responsible for its operation should be identified (e.g.,
airport tenant, local agency, etc.)
Description of the wildlife hazards to air carrier The Wildlife Hazard Damage biologist must identify the wildlife that
operations. poses the greatest hazards to aircraft.
Recommended actions for reducing identified The biologist preparing the Assessment must provide prioritized
wildlife hazards to air carrier operations. recommendations for mitigating the hazardous wildlife attractants
identified.
The Mead & Hunt team will prepare a Draft Assessment Report for ASE that complies with Part
139 Requirements. An administrative-draft version of the report will be provided for ASE
review within six weeks of survey completion. In addition to the items identified in the table,
the report will contain the following:
• The legal framework and need for the study;
• Study design and survey process;
• Survey area, including maps and photographic data;
• Tables to describe habitat distribution and variations in their numbers, locations,
movement, etc;
• Recommendations and priorities for reducing potential wildlife strike hazards; and
• Appropriate appendices including pertinent regulatory data, background data, and
copies of all survey reports.
Mead & Hunt assumes that ASE will provide comments within two weeks of report receipt, and
we will hold a telephone conference to discuss comments or questions. We will incorporate
the comments within one week.
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5.2 Final Assessment Report
Mead & Hunt wil) provide the revised draft Assessment report incorporating ASE comments to
FAA for its review and comment.
Deliverables:
• Draft Assessment Report for ASE;
• Participation in one telephone conference to address comments on the Draft Report;
• Final Assessment Report (5 copies).
TASK 6 BUDGET - $40,877.33
Task 6. Prepare Wildlife Hazard Management Plan
If a Wildlife Hazard Management Plan (Plan) is determined to be required after the completion
of the Assessment, Mead & Hunt will prepare this plan. The Plan outlines steps for monitoring,
documenting, and reporting potential wildlife hazards and strikes at ASE. Protocols for
responding to hazardous wildlife situations are presented, including roles and responsibilities of
airport personnel. Wildlife management procedures for birds and mammals are included.
The Plan outlines priorities for habitat management, including target dates for completion. The
legal status of wildlife is described, including laws and regulations pertaining to permits needed
for management actions, including harassment and take of animals. Monitoring and
management of wildlife hazards requires application of management techniques conducted in a
coordinated and accountable manner. It also identifies personnel trained to properly identify
wildlife and apply wildlife management techniques in a safe, effective and efficient manner.
Based on the results of the FAA-reviewed Assessment, the Mead & Hunt team will prepare an
Administrative Draft Plan in accordance with FAA regulations set forth at 14 CFR 139.337 (f) (1-
7). The Plan will be build upon the results of the Assessment with input from airport operations
staff. The following summarizes the specific guidance set forth in CFR 139.337 (f) (107) and its
relationship to the contents of the Plan. It basically documents the "who, what, where and
why" of the plan. The Plan will include tables and figures to identify such information as:
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• The individuals having authority and responsibility for implementing each aspect of the
plan
• Prioritization of the actions identified in the Assessment and target dates for their
initiation and completion. Recommendations for species-specific population
management plans and habitat modification; and land use changes.
• Requirements for and, where applicable, copies of local, state, and federal wildlife
control permits.
• Identification of resources that the certificate holder will provide to implement the plan.
• Procedures to be followed during air carrier operations that include: Designation of
personnel responsible for implementing the procedures; Provisions to conduct physical
inspections of the aircraft movement areas and other areas critical to successfully
manage known wildlife hazards before air carrier operations begin; Wildlife hazard
control measures; and ways to communicate effectively between personnel conducting
wildlife control or observing wildlife hazards and the air traffic control tower.
• Procedures to review and evaluate the wildlife hazard management plan annually or
following an event including: The plans effectiveness in dealing with known wildlife
hazards on and in the airport's vicinity and aspects of the wildlife hazards described in
the wildlife hazard assessment that should be reevaluated.
• The training program conducted by a qualified wildlife damage management biologist to
provide airport personnel with the knowledge and skills needed to successfully carry out
the wildlife hazard management plan.
Mead & Hunt will distribute a draft of the Plan to the Airport for their review. Following
completion of Airport's review, members of the Mead & Hunt team will meet with the airport's
staff to go over the Draft Plan and to gain input on revisions or modifications to the Draft Plan.
We will provide an agenda, meeting materials, and meeting documentation. The scope assumes
ASE will provide a meeting venue and distribute invitations to appropriate personnel. Following
the meeting, Mead & Hunt will make any required revisions and resubmit to the Airport. The
Airport would then submit the report to the FAA. Based on comments received from FAA,
Mead & Hunt will incorporate any proposed changes, in coordination with the Airport, to create
a Final WHMP for incorporation into the Airport Certification Manual.
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Deliverables
• Draft Wildlife Hazard Management Plan within 3 months of FAA approval of the
Assessment
• One meeting and participation in up to three conference calls to coordinate and address
comments on the draft Plan from ASE.
Mead & Hunt will provide the reviewed administrative draft WHMP report incorporating ASE
comments to FAA for its review and comment.
• Incorporate FAA comments into administrative draft Plan report.
• Provide FAA approved Plan Report (5 copies).
TASK 7 BUDGET - $26,827.33
Task 7. Public Involvement
As requested by the Airport, this scope includes a public involvement component. Although
there is no requirement for public involvement for an Assessment or Plan, the Airport wishes to
be proactive in this area based on its role in the community. To accomplish this goal, we
propose the following effort:
Public Notification
Mead & Hunt will prepare a draft news release for the Airport, to be post on the
"aspenairportplanning.com" website, announcing that the Airport is starting its Wildlife Hazard
Assessment; describing both the process and schedule.
Public Information Meetings
Two public information meetings are proposed. This scope assumes that the meetings will be
attended by three Mead & Hunt team members. The meeting effort includes two days for
travel and preparation in addition to meeting attendance.
• One meeting is included associated with the Assessment. This meeting could be a
council/county/commission briefing or public information meeting to educate the public
on the process of an Assessment and subsequent Plan.
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A second meeting is proposed associated with the Plan. It is anticipated that there may be
more public interest in the Plan contents and recommendations. Mead & Hunt recommends
that this meeting be held after the Draft Plan has been completed and reviewed by Airport and
FAA.
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EXHIBIT B
REQUIRED FEDERAL CLAUSES
for
PROFESSIONAL SERVICES CONTRACTS
1. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors
in interest (hereinafter referred to as the "contractor") agrees as follows:
1.1 Compliance with Regulations. The contractor 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 are herein incorporated
by reference and made a part of this contract.
1.2 Nondiscrimination. The contractor, 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 contractor 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.
1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the
grounds of race, color, or national origin.
1.4 Information and Reports. The contractor 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 contractor
is in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
1.5 Sanctions for Noncompliance. In the event of the contractor'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:
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a. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall
take 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 contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in
addition, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS
PROVISIONS - Title 49/47123, AC 150/5100-15, Para. 10.c
The contractor 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
tenant/concessionaire/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 persona) 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
contractors, this provision binds the contractors 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.
3. ACCESS TO RECORDS AND REPORTS - 49 CFR Part 18.36 (i), FAA Order 5100.38
The Contractor shall maintain an acceptable cost accounting system. The Contractor 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 contractor which are directly pertinent to the specific contract for
the purpose of making audit, examination, excerpts and transcriptions. The Contractor 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 are closed.
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4. RIGHTS TO INVENTIONS - 49 CFR Part 18.36 (i)(8), FAA Order 5100.38
All rights to inventions and materials generated under this contract are subject to regulations
issued by the FAA and the Sponsor of the Federal grant under which this contract is executed.
5. BREACH OF CONTRACT TERMS - 49 CFR Part 18.36
Any violation or breach of terms of this contract on the part of the contractor or their
subcontractors may result in the suspension or termination 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.
6. DISADVANTAGED BUSINESS ENTERPRISES - 49 CFR Part 26
Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT assisted contracts. Failure by the contractor to carry 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 contractor agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later than [specify number] days
from the receipt of each payment the prime contractor receives from [Name of recipient]. The
prime contractor agrees further to return retainage payments to each subcontractor within
[specify the same number as above] 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 [Name of Recipient]. This clause
applies to both DBE and non-DBE subcontractors.
7. TRADE RESTRICTION CLAUSE - 49 CFR Part 30.13, FAA Order 5100.38
The contractor 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);
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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 are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor
who is unable to certify to the above. If the contractor 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 contractor 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 contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor 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 contractor 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 contractor 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 contractor 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.
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8. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION - 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 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
bidder/offeror/contractor or any lower tier participant is unable to certify to this
statement, it shall attach an explanation to this solicitation/proposal.
9. TERMINATION OF CONTRACT - 49 CFR Part 18.36(i)(2), FAA Order 5100.38
a. 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.
b. 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.
c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take
over the work and prosecute the same to completion by contract or otherwise. In such case,
the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor
thereby.
d. 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.
e.The rights and remedies of the sponsor provided in this clause are in addition to any other
rights and remedies provided by law or under this contract.
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10. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES - 49 CFR Part 20, Appendix A
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, 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.
(2) 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 contractor shall complete and submit Standard Form-LLL,
"Disclosure of Lobby Activities," in accordance with its instructions.
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Exhibit C to Pitkin County Contract #091-2010
Com_pliance with House Bi1106-1343 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:
Knowingly employ or contract with an illegal alien to perform work under this contract or;
2. 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 [ereated
in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108~" 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 iliegal 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 Deparhnent of Labor and Employment is undertaking pursuant to the
authority established in Subsection (5) of C.R.S. § 8-17.5-102.
p~ /
Signed and dated this (~ day of ~ 20 l U .
CONTRA ' . J'~
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Title:
Company Name : ~~~ / ~/ ~~~
Authorized Signer