HomeMy WebLinkAboutbocc.con.amended.121.2007F Rev. 08 -30 -11 jls
ligor COUNTY CLERK'S
C ONTRACT COVERSHEET pinto avr
CONTRACT #: 121 -2007F
ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Jim Elwood PHONE #: 9704292851
PROJECT NAME: Terminal Area Planning CONTRACTOR: Jviation
DOLLAR AMOUNT: $153,598.00 LINE ITEM # 404.69.91451.86016
CONTRACT EXECUTION DATE: 11/15/2011 CONTRACT END DATE: 1/31/2013
AUTOMATIC RENEWAL: ❑ YES ® NO TERM: 11/15/2011 - 1/31/2013
❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ® Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency /State Bid
❑ Compliance with C.R.S. 8 -17 -5 -101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE: 3
® Services/Maintenance ❑ Employment 11
❑ License/Use ❑ Intergovernmental Agreement (Resolution Required)
❑ Lease ❑ Non - Profit
❑ Construction ❑ Quasi - Public (e.g. -AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other (e.g. revenue) ® Change Order /Contract Amendment
(C /O: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing ✓® All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank —Note on Page ✓® All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable)
✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable)
✓ ❑ All Dates Filled In ✓❑ Warranty (if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ Authorized Procurement Officer'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. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
JVIATION®
Jviation Project No. ASE LOC 11 -04
Pitkin County Task Order #
AMENDMENT NO. SIX (6) TO CONTRACT
DATED AUGUST 1, 2007
BETWEEN
JVIATION, INC.
AND
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
The Sponsor and the Engineer (here after referred to as Engineer or Contractor interchangeably)
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 as follows:
This project will consist of updating the Exhibit "A" property map based on research,
analysis and relevant legal survey work to more accurately depict the Aspen - Pitkin County
Airport's property interests.
The Sponsor agrees to pay the Engineer for the services in the following manner:
PART A - BASIC SERVICES
Preliminary Project Phase Lump Sum of $11,515.00
Data Collection Phase Lump sum of $39,104.00
Resolution of Discrepancies Lump sum of $69,783.00
Mapping Lump sum of $33,196.00
TOTAL BASIC SERVICES Lump sum of $153,598.00
Method of payment shall be as follows:
Interim payments up to 100 percent based on work performed by the Engineer and detailed
in a report submitted to the Sponsor with the request for payment.
PART B - SPECIAL SERVICES
None.
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 "Engineer ") agrees as follows:
• Compliance with Regulations. The Engineer shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
• Nondiscrimination. The Engineer, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Engineer shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
• Solicitations for Subcontracts, Including Procurements of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the Engineer for
work to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the Engineer of the
Engineer's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, or national origin.
• Information and Reports. The Engineer 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 Engineer is in the exclusive possession of another who fails or refuses to furnish this
information, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and
shall set forth what efforts it has made to obtain the information.
• Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Engineer under the contract until the
Engineer complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in
part.
• Incorporation of Provisions. The Engineer 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 Engineer shall take such action
with respect to any subcontract or procurement as the sponsor or the FAA may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a Engineer becomes involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction, the Engineer may request the
Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition,
the Engineer may request the United States to enter into such litigation to protect the
interests of the United States.
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. 10.c.
The Engineer assures that it will comply with pertinent statutes, Executive orders and such rules as
are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap be excluded from participating in any activity conducted with or benefiting
from Federal assistance. This provision obligates the 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 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 Engineers, this provision binds the Engineers 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 026.13) - The Engineer or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract. The Engineer
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT assisted contracts. Failure by the Engineer 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 026.29) - The prime Engineer agrees to pay each subcontractor under
this prime contract for satisfactory performance of its contract no later than Fifteen (15)
days from the receipt of each payment the prime Engineer receives from Sponsor. The prime
Engineer 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 Board. 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 Engineer, 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 Engineer shall complete and submit
Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions.
V.
ACCESS TO RECORDS AND REPORTS
Reference: 49 CFR Part 18.36(i); FAA Order 5100.38
The Engineer shall maintain an acceptable cost accounting system. The Engineer 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 Engineer which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Engineer 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.
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 Engineer 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.
VII.
RIGHTS TO INVENTIONS
Reference: 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.
VIII.
TRADE RESTRICTION CLAUSE
Reference: 49 CFR Part 30.13; FAA Order 5100.38
The Engineer 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 are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract shall be awarded to a Engineer or subcontractor who is unable to
certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any
product or service of a foreign country on said list for use on the project, the Federal Aviation
Administration may direct through the Sponsor cancellation of the contract at no cost to the
Government.
Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower tier
subcontracts. The Engineer may rely on the certification of a prospective subcontractor unless it
has knowledge that the certification is erroneous.
The Engineer shall provide immediate written notice to the sponsor if the Engineer learns that its
certification or that of a subcontractor was erroneous when submitted or has become erroneous by
reason of changed circumstances. The subcontractor agrees to provide written notice to the
Engineer if at any time it learns that its certification was erroneous by reason of changed
circumstances.
This certification is a material representation of fact upon which reliance was placed when making
the award. If it is later determined that the Engineer 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 an Engineer is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
IX.
TERMINATION OF CONTRACT
Reference: 49 CFR Part 18.36(i)(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 Engineer's obligations, the Sponsor may take
over the work and prosecute the same to completion by contract or otherwise. In such case,
the Engineer shall be liable to the Sponsor for any additional cost occasioned to the Sponsor
thereby.
• If, after notice of termination for failure to fulfill contract obligations, it is determined that
the Engineer 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.
• 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.
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 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/Engineer or any lower tier participant is unable to certify to this statement,
it shall attach an explanation to this solicitation/proposal.
All other terms and conditions of the original contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this day
of , 2011.
SPONSOR:
PITKIN COUNTY
COLORAD. •
1 \
By 0/10 J .21ToT
Jim Elwood
Director of Aviation
By olfPeacock
County Manager
ENGINEER:
Jviation, Inc.
By J.D. .
In',
Pri cipal
Aspen- Pitkin County Airport October 18, 2011
LOC -11 -06
SCOPE OF WORK
FOR
ASPEN- PITKIN COUNTY AIRPORT
Aspen, Colorado
LOC -11 -05
This project will consist of updating the Exhibit "A" property map based on research, analysis and relevant
legal survey work to more accurately depict the Aspen - Pitkin County Airport's property interests.
DESCRIPTION:
Analysis of Exhibit "A" Documents
The Consultants have conducted a preliminary review of the Exhibit "A" Property Map and identified
possible deficiencies in the map that warrant further examination and revisions to the map. This project will
involve updating the Exhibit "A" Property Map, and the Airport Layout Plan property map, based upon
analysis of property records and other County, Airport and FAA records, as well as relevant legal survey work
necessary to validate discrepancies. This work will be broken out into several phases based on priorities
agreed to by the Sponsor.
The Consultants will also research and gather all available federal grants in coordination with the airport and
the FAA Airports District office. Any ambiguities will be identified and recommendations will be provided to
the Sponsor for further action. Any parcels that require field work to determine limits of defined parcels will
be coordinated and performed as deemed necessary.
Depending on the results of the planned research and analysis, this project may not resolve all issues
associated with the Exhibit "A" Property Map and title to the parcels that comprise the Airport. It is intended
to correct any minor discrepancies that may exist and to provide guidance for more complex issues that may
arise.
SCOPE OF WORK:
1.0 Preliminary Project Phase
1.1 Preliminary Meetings with the Sponsor. Meeting(s) with the Sponsor to determine critical dates and
the feasibility of the proposed work. Meeting(s) during the design phase will also be conducted to review the
progress of the work and discuss project details, proposed time frame of the project, and special requirements
of the project. It is anticipated that there will be a minimum of one (1) meeting with the Sponsor; the meeting
will occur in Aspen in conjunction with other meetings.
1.2 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work
through review and meetings with the Sponsor. This also includes drafting the contract for the work to be
completed by the Engineer for the Sponsor.
2.0 Data Collection Phase
2.1 Obtain Title Commitment of Airport Property. The Engineer will coordinate with a title company to
obtain a title commitment for all parcels held by the Airport. The title commitment will contain all documents
that have been recorded for Airport property back to a period of relative certainty. The title commitment will
also provide any documented easements on the Airport properties. The cost of the title commitment will be
included under this line item.
Jviation, Inc. 1 of3 ASE LOC -11 -06
Aspen- Pitkin County Airport October 18, 2011
LOC -11 -06
2.2 Review of Title Commitment. The Engineer and Attorney will review the title commitment obtained
under Item 2.1 and make recommendations on priorities of moving forward with analysis of Exhibit A. A list
of discrepancies will be prepared to help the Airport understand the potential impacts of the information
gathered with the title commitment. Recommendations may include more research of recorded documents,
field work by a licensed surveyor, or legal actions, among many other possibilities.
2.3 Research of FAA Grants. The Engineer and Attorney will coordinate with the FAA Airport District
Office to obtain copies of all available Grants used to purchase airport property
3.0 Resolution of Discrepancies
3.1 Determination of Course of Action. The Consultants shall work with the Sponsor to determine what
course of action will be taken, after review of Title Commitments and available Federal grants. This will
include setting the priority of work, determining how different scenarios should be addressed, and defining
timelines in which the work should be completed. This work will include coordination with the Sponsor,
Engineer, Attorney, and a potential Surveyor. A work plan will be developed to describe how to proceed.
This work plan will be a dynamic document that will be updated periodically to address any changes in
priority or methods that may be determined throughout the life of the project.
3.2 Legal Recommendations. The Attorney shall work with the Sponsor, including the County Attorney, to
determine whether the findings of the Data Collection Phase warrant corrective or other legal action by the
Sponsor.
3.3 Survey Research. The Consultants shall research any additional documents deemed necessary to
properly determine boundary lines of parcels identified in the title commitment. This may require research of
deeds for property surrounding the airport to establish actual boundary lines. Additional research may also be
required to accurately tie down easements across airport property. The Consultants shall coordinate with
jurisdictions as appropriate to gather any additional information necessary.
3.4 Survey Field Work. The Consultants shall coordinate and perform survey work as necessary to locate
existing monuments, property lines, easements, and right -of -ways to accurately define the parcels identified in
the title commitment. Field work will be based on the priorities set in Item 3.1, unless efficiency exists in
combining specific parcels.
3.5 Survey Exhibits. The Consultants shall prepare exhibits or reports that document the findings of the
individual parcel surveys. Any areas of concern will be noted and recommendations for resolution will be
provided to the Sponsor for consideration.
3.6 FAA Coordination. The FAA dictates the content of the Exhibit "A" Property Map. The Consultants
shall assist the Sponsor in coordinating with the FAA Airport District Office on the findings from the Data
Collection Phase, any corrective action, and planned revisions to the property map. It is anticipated that there
will be a minimum on one (1) meeting among the Sponsor, the Consultants and FAA Airport District Office
personnel.
4.0 Mapping
4.1 Boundary Map. The Consultants shall prepare a boundary map defining the exterior boundary of the
Airport. Although previous efforts to define the boundary were completed in the past five years, the data
available indicates that title commitments identifying any and all encumbrances were not obtained. The
Jviation, Inc. 2 of3 ASE LOC -11 -06
Aspen- Pitkin County Airport October 18, 2011
LOC -11 -06
boundary will be monumented in the field. The boundary map will include all easements that exist on the
Airport property. The owners of all easements will be presented on the boundary map, which will also include
a written legal description of the Airport boundary.
4.2 Update Exhibit A Property Map. The Consultants will update the Exhibit A property map during the
course of the project. Updates will be provided once sufficient information has been obtained through
research and field work. Several updates to the map are anticipated throughout the process. Electronic and
hard copy data will be provided to the airport and master planning consultant for discussions with the FAA
as necessary.
4.3 GIS Mapping and Comprehensive Catalog. The Consultants will prepare a GIS database that catalogs
relevant information that is obtained during the research phase of the project. The GIS will catalog parcel
history as provided in the title commitment of the property. Any specific documentation for various parcels
will also be logged in the GIS database. Data will be compiled to allow integration into the county's GIS
system, and as appropriate current FAA database formats at time of completion.
A paper copy of all documents will also be assembled into a catalog developed to create an accurate history of
the parcels researched. This catalog will include recorded deeds, easements, letters, and maps obtained and
create throughout the course of the project. Survey notes will also be documented in this catalog.
4.4 Airport Layout Plan Property Map. The Exhibit "A" Property Map serves as the property map sheet
included in the Airport Layout Plan. Accordingly, the Consultants will provide to the Master Planning
consultant, necessary linework to include any revisions to the Exhibit "A" in the Airport Layout Plan when
submitted for the upcoming Master Plan.
Special Considerations
The following special considerations are required for this project but will be completed by Subconsultants to
the Engineer. The costs for this work will be included in the Engineering Contract Agreement with the
Sponsor and are in addition to the Engineering Fees.
Legal Support. Specific legal counsel will be required in order to complete the scope of work for the project.
These components shall include the following:
> Interpretation of documents provided with the title commitment
> Assist with recommendations for course of action throughout the project
> Meetings with the Sponsor and other subconsultants
Title Work. A title company will be required in order to complete the scope of work for the project. These
components shall include the following:
> Prepare a title commitment of all property currently owned by the Airport, as indicated on the
existing Exhibit A property map
Land Surveyor. A land surveying company will be required in order to complete the scope of work for the
project. These components shall include the following:
• Research of deeds and other documents
> Survey field work to establish accuracy of existing deeds and documents
> Preparation of maps of legal parcels
• Preparation of a boundary map of the Airport property
• Recordation of documents as deemed necessary throughout the course of the project
Jviation, Inc. 3 of 3 ASE LOC -11 -06
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