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HomeMy WebLinkAboutbocc.con.204.2010CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 204-2010 ORIGINATING DEPARTMENT/DIVISION: Airport CONTACT PERSON: Jim Elwood PROJECT NAME: Localizer Relocation ❑ BOCC AGENDA ITEM (Requires BOCC Signature) CHECK PROCUREMENT TYPE: PHONE #: 970-429-2851 �STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) ❑None ❑Informal �Formal ❑Sole Source �Emergency ❑State Bid ❑ ❑Compliance with House Bills 06-1343 and 07-1073 (Under $1QOOQ Letters of Engagement, etc.) CHECK CONTRACT TYPE: DOLLAR AMOUNT: $251,686.93 BUDGET LINE ITEM/LEDGER NUMBER: ❑ S ervices/Maintenance ❑License/Use ❑Lease ❑Construction ❑Goods, Equipment, Supplies �Other (e.g. revenue) ❑Employment (for county employees) ❑Intergovernmental Agreement (Requires BOCC Action) ❑Non-Profit ❑Quasi-Public ❑Grant Agreements (Requires BOCC Action) ❑Change OrdedContract Amendment CONTRACTOR/BUSINESS:FAA Complete Legal of Name of Business Federal Aviatoin Administration Contract Execution Date:8/19/2010 Contract End Date: 8/19/2012 Automatic Renewal ❑Yes �No Term of Contract: 8/19/2010-8/19/2012 All Contracts should be roofed for the followin : ��,Q� p S �w"0 ✓ �No Pages Missing V ✓❑If a Page is Left Intentionally Blank —Note on Page 1� � ✓ �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 and/or Contract ✓ ❑All Legal Descriptions Attached (if appropriate) ✓ ❑Notice of Awazd/Proceed Attached (if appropriate) ✓ ❑Warranty, if applicable ❑Special Instrucfions for Finance Department: �Sentto Clerk and Recorderfor Scanning/Archiving �Authorized Staff Person's Name: Jim Elwood BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. AMENDED 04/Ol/08 a� i P� ,�-� F'�' o �`� Agreement Number �' AJW-FN-WSA-10-S020 NON-FEDERAL REIMBURSABLE AGREEMENT i� 2o�-LOlO BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION F-\►117 ASPEN- PITHIN COUNTY AIRPORT/SARDY FIELD PITHIN COUNTY ASPEN,COLORADO WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which Pitkin County (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA's mission; WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. 106 (1)(6) on such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and Pitkin County. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 USC 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. FAA Finaneial Manual March 2010 Page 1 of 17 Agreement Number AJW-FN-WSA-10-S020 ARTICLE 3. Scope A. Purpose. The purpose of this Agreement beriveen the FAA and the Sponsor is to facilitate the relocation of FAA Runway IS Localizer (LOC) facility and Distance Measuring Equipment (DME) impacted by the Sponsor's runway extension (1000' to the south). This Agreement provides funding for the FAA to establish these services. With this in mind, this project is titled: Aspen-Pitkin County Airport Relocation of FAA Runway 15 Localizer and DME B. The FAA will perform the following activities: 1. Review the airports design plans for work impacting the existing FAA facilities. 2. Approve the Airport's designs for the Sponsor performed work. 3. Remove the existing Localizer Antenna and DME equipment. 4. Design and construct the foundations for the new Localizer and DME Antennas. Install the new Localizer and DME Antennas and equipment. This includes the installation of the power, control, and RF conductors between the equipment building and the antennas. 6. Perform the necessary system checks and tests to confirm the newly relocated equipment is ready to be returned to service. 7. Insure the systems are operational and in compliance with FAA standards, conduct the required flight checks, complete all documentation for facility publication, and turn the systems over for maintenance and operation to the appropriate local FAA offices (includes JAI and commissioning). 8. Provide design documentation for the relocation of the existing FAA Equipment building. Design must be acceptable to be use for bidding by the sponsor. C. The Sponsor will perform the following activities: 1. Provide a full set of plans, including scaled electronic drawings, showing the proposed airpoR work where FAA facilities are impacted. 2. Provide coordinates and elevations oFthe existing and ultimate runway/taxiway configuration. 3. Provide the existing and ultimate dimensions of the runway and taxiway safety areas. FAA Flnanclal Manual March 2070 Page 2 of 11 Agreement Number AJW-FN-WSA-10-S020 4. Provide survey information, as available and as reasonably requested, for existing FAA and/or airport owned facilities and infrastructure. 5. Allow airfield access to FAA Engineering Services personnel who are associated with the project. This includes airport gate access; access for government owned and leased vehicles, and provisions for any required training necessaty far obtaining badges. Access shall be in accordance with airpoR's approved security program. Sponsor does not have the resources to escoR non-badged employees or contractors of the FAA. 6. Provide grading and compaction as required, to shape the area where the FAA facilities will be located. Coordinate Localizer Critical Area protection in cooperation with Airfield and FAA requirement. Insure it is clear and protected. This includes providing the necessary signage for such. 8. Relocate the existing FAA equipment building, as approved. Existing equipment inside the building will be secured and protected during relocation. Grounding for the relocated building shall meet FAA STD 019e. Install a new duct bank, as approved, between the LOC/DME equipment building and the LOC antenna. 10. Provide vehicular site access to the LOC/DME equipment building, and provide access and to the LOC antenna. 11. Provide a dedicated commercial power service to the LOC/DME equipment building. 12. Remove and dispose of the old foundations, duct work, and associated equipment and material. 13. Provide a full schedule showing periods where the existing FAA equipment will be impacted. 14. Incorporate the requirements and recommendations made by the FAA into the design drawings and specifications impacting FAA-owned systems. 15. Provide a no cost lease for the area occupied by the FAA facilities. FAA Financlal Manual Mareh 2010 Page 3 of 71 Agreement Number AJW-FN-WSA-10-S020 ARTICLE 4. Points of Contact A. FAA Points of Contact: 1. The NAVAIDS Engineering Center - Demer will perform the Scope of Work included in this Agreement. Bob Brown is the Technical Operations Systems Engineer and liaison with the Sponsor and can be reached at 303-809-6525 or via email at bob.brown@faa.gov. Additionally, the Lead Planner for this agreement is Jim Martinez he can be reached at 425-203-4616 or via email at jim.martinez@faa.gov. These liaisons are not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. FAA Contracting Officer. The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Patricia Workman who can be reached at 425-227-2863 or via email at pat.workman@ faa.gov. B. Sponsor Point(s) of Contact PITKIN COLTNTY Attn: David Ulane 0233 East Airport Road, Suite A Aspen, CO 81611 Phone: 970-920-5384 Email: david.ulane@co.pitkin.co.us ARTICLE 5. Non-Interference with Operations The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA's opinion interfere with the technical and/or operations characteristics of an FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the FAA paRies will determine funding responsibility. FAA Finanelal Manual March 2010 Page 4 of 71 Agreement Number AJW-FN-WSA-10-S020 ARTICLE 6. Transfer Agreement A. To the extent that the Sponsor provides any material associated with the project, all such material (buildings, equipment, systems, components, cable, enclosures, etc.) will become the property of the FAA. The Sponsor will enter into a transfer agreement with the FAA for all real and personal property being transfened to the FAA for conveyance of ownership. The Sponsor will provide a line item property listing in tabular format, consisting of all real and personal propeRy that will be included in the Project. Real property will be identified by each line item and cost (e.g, foundation size, building type and dimensions, systems, composition of access road and parking, linear feet of fencing and cabling, etc.). Personal property listing will include the bar code number (where applicable), manufacturer, full item description, part number and/or serial number, quantity, model number, cost, funding appropriation, etc. The cost data for each item will be supported by a copy of the original invoice or billing statement and a copy of the construction contract along with verification of the contract acceptance date. B. The itemized cost data will be compiled into FAA Form 4650-12(1/99), Material Transfer/Receipt Document. This completed document provides an opportunity for the FAA (whenever possible) to verify equipment accountability; to assign national or local stock numbers; to determine the breakout of installed faciliry equipment; to establish line item accountable property; and to assign bar codes to specific equipment prior to it being recorded in property records. Joint signatures are required from both the Sponsor and the FAA Property Custodian on the FAA Form 4650- 12(1/99) prior to recordation oFthe assets in the FAA's propeRy systems. ARTICLE 7. Estimated Costs The estimated FAA costs associated with this project are as follows: Description of Reimbursable Item WB4020 Engineering Support WB4050 Materials/Construction/RE WB4060 Site prep, Installation, Checkout WB4070 CommissioninQ/JAI Subtotal Overhead 26.5% Total Estimated Cost Estimated Cost $ 64,000.00 $ 113,962.00 $ 12,200.00 $ 8,H00.00 $ 198,962.00 $ 52,724.93 $ 251,686.93 FAA Financlal Manual March 2070 Page 5 of 17 Agreement Number AJW-FN-WSA-10-S020 ARTICLE 8. Period of Agreement and Effective Date This Agreement supersedes and nullifies any previous agreements between the padies on the subject matter. The effective date of this Agreement is the date of the last signature. The period of performance of this agreement is expected to be 24 months. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section A of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and full advance payment in the amount stated in Ar[icle 7 to the Accounting Division listed in Section C of this ARicle. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. In addition, in the event that a contractor performing wark pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the sponsor agrees to reimburse the FAA for the additional costs incuned whether or not a final bill or a refund has been sent. B. The Sponsor ceRifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is: FAA — Mike Monroney Aeronautical Center ATTN: Mattie Rutledge, AMZ-330, Reimbursable Project Team P.O. Box 25082 Oklahoma City OK 73125 Telephone (405) 954-3002 The overnight mailing address is: DOT/FAA/Mike Monroney Aeronautical Center Attn: Mattie Rutledge AMZ-330 Reimbursable Project Team 6500 S. MacARhur Blvd. Oklahoma City OK 73169 Telephone (405) 954-3002 FAA Flnaneial Manual Mareh 2070 Page 6 of 17 Agreement Number AJW-FN-WSA-10-S020 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: PITKIN COUNTY Attn: David Ulane 0233 East Airport Road, Suite A Aspen, CO 816ll Phone:970-920-5384 Email: david.ulane@co.pitkin.co.us D. The FAA will provide updates at least quaRerly of costs incurred against the advance payment. A Reimbursable Bill Support List (a summary of cost by object class) will accompany all updates. E. The cost estimates contained in ARicle 7 are expected to be the maximum costs associated with this Agreement, but may be modified to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor a modification to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed amendment to the Agreement to the FAA-Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, the FAA reserves the right to request additional funding in the event that a contractor brings a claim against the FAA resulting in additional costs. More so, the sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Modifications Changes and/or modifications to this Agreement will be formalized by an appropriate written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. FAA Financlal Manual March 2010 Page 7 of 71 Agreement Number AJW-FN-WSA-10-S020 ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termi�ation, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. 106(I)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Diaputes Where possible, disputes will be resobed by informal discussion between the parties. In the event the paRies are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by altemative dispute resolution using a method to be agreed upon by the parties. The outcome of the altemative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further FAA Flnancial Manual March 2010 Page 8 of 77 Agreement Number AJW-FN-WSA-10-S020 administrative review and, to the extent permitted by law, is final and binding (see 49 USC 46110). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particulaz purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third paRies arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions ofthe Federal Tort Claims Act, 28 USC, Section 2671, et seq, will controL The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civit Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for FAA Financlal Manual March 2010 Page 9 of 71 Agreement Number AJW-FN-WSA-10-S020 ensuring that security requirements, including compliance with AMS clause 314-2, Contractor Personnel Suitability Requirements (January 2009) aze met. FAA Financlal Manual Mareh 2010 Page 70 of 11 Agreement Number A,�W_�-WSA-10-S020 ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and that; accordingly this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 100 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. AGREED: FEDERAL AVIATION pITHIN COUNTY - COLORADO ADMINISTRATION ^ SIGNATIrR�/i,� iii� �//�.K�'��NATURE �� NAME ���-�i!/ Wd/�� NAME � �C�S� ��, TITLE ContractingOfficer TITLE �1������ DATE g/�q /�� DATE 1 3 L�cv�Fr 1(� ( � FAA Financial Manual March 2010 Page 77 of 11