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C 0 N T R A C T
J1177) .
TEiIS CONTRACT, made and entered into the 14th day of February, 1977,
by and between Pitkin County, Colorado, hereinafter referred to as the
"Connty," Party of the First Part, and L.G. Copley Associates, an individual
proprietorship with offices at 10 Bowers Street, Newton, Massachusetts 02160,
hereinafter referred to as the "Consultant," Party of the Second Part;
W I T N E S S E T H:
WHEREAS, the County desires to employ the services of the Consultant
to prepare certain data� and regulations reZating to the Aspen-Pitkin County
Airport (Sardy Field); and
Wf�RBAS,.,the Consultant is ready, willing and able to undertake the
work required hereunder;
NOW, THEREFORE, for and in cansideration of the prem3.ses and covenants
and agreements hereinafter contained; it is agreed by and between the parties
hereto as follows:
Article 1: Contract Description
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The services to be performed under this contract 6y the Consu?tant are
outlined in detail in Appendix 1, Scope of Work hereby incorporated by
�� reference, and are summarized as:
PHASE I - Review ptevious studies and correspondence compiled by the
County concerning noise and noise regulations,
PHASE ZI - Develop technical data necessary to imple�.nt noise regula-
� tions.
P13ASE III - Consultation for draft regulations with County staff and �'
F.A.A,
PAASE IV - Briefing of County Co�issioners.
PHA5E V - Consultation and presentation of final regulationa. �
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Products to be produced by the Consultant and delivered to the County �
consist of a written report reflecting findings of non-regulation information, �
documentation of noise levels obtained i¢ technical readings and._wr3tten ,'�j
, rules aad regulations covering the noise legislatinn, (prepared with the help �
3 of County staff), � :
e:
In consideration of the performance hy the Consultant of the services q
to be rendered as described above in Appendix 1, the County agrees to pay
the Consultant in accordance with the following schedule with the Pee based
on actual effort charged at the following hou=ly rates: $30,00 for Senior
ConsuZtant (Copley); $2p,OQ for Acoustical Englneer; $10,00 for Technical
Staff Assistant; for labor associated with accomplishing the work tasks:
PHASE I - Review previous information $ 600.00
PHASE II - Develop technical data 3,000.00
PHASE III - Consultation for draft regulations 1,000.00
- PHASE IV - Briefing foz County Co�nissioners 300.00
PHASE V - Cons�ltation and presentation of final
regulatione , 600.00
- TOTAL $5,500.00
All out-of-pocket expenses will be =eimbursed to the consultant by the
County at cost. These costs would be in addition to the labor costs noted
above and will not exceed $1500.00 without prior County approval. •
Article 2: Period of Performance
The period of performance of this contract shall be from the date of
approval or signing of this contract, whichever is earlier, to February 24,
��� 1977. �.
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� Article 3: Method of Payment
.`�: .
a) The County agrees to pay the Consultant within two weeks of
receiving the Consultant's invoice which shall be submitted at the completion
of the work described herein.
b) Pinancial Settlement
Prior to final payment under this contract, the Consultant ehall
execute and deliver:
1) an assignment to the County of refunds, xebatesi credits or
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other amounts, including any interest thereon, properly allocable
to cost for which the Consultant has been reimbursed by the County
under this contract; and
2) a release discharging the County for all liabilities, obligations �
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t and claims arising out of or imder this contract except for
specified claims in estimated amounts where the amounts are not
susceptible to exact statement by Consultant.
ArticYe 4: Termination for DefauTt or foY'Conveniecice of County
a) The performance of work under the contract may be terminated by
the County;
1) [�Thenever tfie Consultant ahall default in performance of this
contract in accordance with its terms, and fails to cure or
show cause why such tailure to perform should be excused
wi,thin 10 days (or longer as the County may allow) after
receipt:of a notice specifying the default from the County,
or
2) Whenever for any reason the Coimty sfiall determine that such
termination is in 3ts best interest,
The Consultant shall not be in default by reasan of any failure in
performance of this contract in accordance with its terms if such failure
arises out of causes beyond the control an@ without the £ault or negligence
of the Consultant, Such causes may inc2ude, but are not restricted to,
acts of 6od, natural disasters, strikes.or freight embargoes, but in every case
the failure to perform must be beyond the control and without the fault or
negligence of the Consultant. Upon request of the Consultant, the County shall �<
.. asceztain the facts and failure and if he shall determine that any failure to �
.� perform const�tuted excusable delay, the delivery schedule shall be revised
according2y and notice of default withdrawn, �i
b) Notice o£ Termination �;
Zn each event of termination, the County shall deliver to the
Consultant a written notice of terminat�on, specifying the reasons therefore,
and the effective date of such te;mination. The effectiVe date shall not be
earlier than the date of delivery of the notice,
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c) Termination Procedure
After receipt of the notice of termination, unless otherwise d3rected
by the County, the Consultant shall:
1) Stop work under'the contract on the date specif3ed in the noEice
of termination; �
2) place no farther orders for materials, services or facilities;
3) terminate all orders and subcontracts to the extent that they
relate to the performance of work.terminated bq the notice of
termination;
4) with the approval or rat3fication of the County to the extent
it may requ3re, settle all outstanding liabilities and all
claims arisi.ng out af such termination of orders or subcontracts,
the cost of which would be reimbursable in whole or in part in
accordance with this contract.
d) Termiination Payment
Aftez receipt of a notice bf termination, the Consultant shall
submit to the County his terminat3.on c2aim in the form of a f3na1 iavnice in
accordance with Article 3. including costs incurred to the date of termination
and including costs incurred because of tetmination, but not to exceed lOX of
• the total shown i.n Article 1, provided however, that in the event of default
by the Consultant, no extra costs incurred because of termination shall be paid
to the Consultant. and the final payment will be less the amount of the fixed
£ee paid to the ConsuJ.tant in accordance with Article 3, Such claim must be
suhmitted pxomptly, but in no event la[er than three montfis from the effective
date of tezminatian, unleas one or more extensions are granted in writing by
the County. Upon the Con$ultant`s failure to submit a claim in the time allowed, g
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the Cv�ty may xeviecZ the information available to him and determine the amount �
e.
" due the ConBultant, if any, and pay the Consultant Che amount as determined. �'
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e) Settlement
Subject to paragraph (d), the Consultant and the County may agree �,
upon the whole or. any part of the amount or amounts to be paid, including an ,
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all.owance for the fee to Consultant by reasoa of the termination of work,
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f) Ttemedies
The ConsultanC sha12 have the right of appeal from any determination
made by the County under paragraph..(d) or (e) above, except that if the
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Consultant has failed to submit his claim within the time provided in paragraph
(d) above and has failed to properly request extension, he shall have no such
right of appeal. In any case where the County has made a determination of the
amount due under paragraph (d) or (e) above, the County sha11 pay Consultant
(1) the amount the County has determined if there is no r3ght to appeal or if
� no timely appeal has been taken, or (2) the amount finally determi.ned on such .
appeal if an appeal has been taken,
g) Method of Appeal
Subject to paragraph (f), if the Consultant disagrees with the
County's determinations under paragraph (d) or (e), he can appeal this
" decision in writing to the County, Such appeal muat be made within 20 days
of receipt in writing of the County's determination, The County shall have
20 days in which to respond in writing to the appeaS. The County's response �.`
shall be final and concluszve unless within 30 days from the date of receipt � ,
of such response the Cottsultant submits the dispute to a court of competent t .
jurisdictipa.
AreicTe Sc Required'Clauses
The Consultant ahall be subject to the provisions outlined in Append�
2, Required Provisions, attached hereto and incorporated by referettce to this .
contract.
ArCicle 6: Subeontracts
Aaslgnment of any poztion of the woxk by subcontract muat be approved
3,n advance by the County. The Count'� will not be liable for the cost
assigned �ithout such approval.
x Article 7_ RighCS td'DOCUments
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A7.1 plans, speclficatione, documents and materials developed during the
couxse oE this contract shall adcrue to, and vest in the County.
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Article 8: Recorda t
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The Consultant aha11 maintain complete and accurate books, records
and documents concerning the actual time devoted to this project.
Article 9: Prfncipal ProfessionaIs'�nd'Time Proieetions �-
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The principal professionals identified in Appendix 1 are considered
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essential to the performance of this contract. In the event oE death,
disability or inability of one of these professionals to perform, the County
and Consultant shall mutnally agree on another professional to perform that
professiona2's work taskr„
Article 10; � Governin�'Taws
This contract shall be c6nstrued under the laws of the State of Colorado.
IN WITNESS of this agreement, the parties have set the3r handa this J 3�
� � day of , 1977.
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L.G. COPI,EY ASSOCIATES PITKIN COiTNTY, COLORADO �
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By: By� / .L:'' ;
Preside t Contr tpr) Chai an, Board of Pitk3��`1, ,;-`�
County Commissioners �` ''��;; �,�; ��
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ATTEST: ATTEST: �` •'�
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Approved as to form: �t„ �• //�����_ �
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County Attorney
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i �Appendix 1: Scope of Work
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The services to be performed under this contract by the Consultant I
conaist of the following Yhases or Tasks: �:
� Phase I - Review previous data and correspondeace. k
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• Phase II - Develop technical data.
'� Phase ZZI - Consultation with County Staff and the F.A.A.
Phase IV - Briefing for County Gommissioners.
Phase V - Consultation and presentation of final regulations.
Phase Y - The research phase of this contract would consist of reviewing
past information that has been completed by the County including:
1. BB 6 N work,
2; F,A,A. reports.
3. 1041 hearing material.
4. Past in-house correspondence.
5. Aspen Airway work (Aspen Times).
6. Reviewing night flight contract with R.M.A.
7. R.M.A. correspondence related to Aspen Airways application.
- 8. Aspen Airways night flight application and history of.
9. F,A.A. report of findings of discri.mination hearing.
10. Understanding goals of County.
' 11. E.I.S.
12. Topograph of the airport.
� 13. Land use code.
14. Other related informatior.
Phase II - The technical assistance used for proposed rules and
regulations wouTd include:
1. Decibel levels - establish points to take teadings from and monitor
at least a days worth of air traffic.
2. Footprint levels - develop footprints of aircraft going to be
regulated if necessary.
3. Monitor "quietness" of valley.
4. Record all readings for future reference.
1 Phase III - Consultation will include working with the County Manager,
County Attorney, County Airport Management, County Engineer, and the F,A.A.
to formulate the rules and regulations.
Phase IV - The briefing with the County Co�issioners will include:
1. Aircraft types relating to noise.
>,� 2. Past noise ordinances at other airports.
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3. F.A.A. involvement in passing naiae controls.
4. Any questions relating to noise in which the Co�nissioners may have
and the Consultant is capable of answering.
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Amendment 1
Yage Two
phase V — The Consultant will'.help draft the final rules and regulations
concerning:
1. The co�ercia2 night flight criteria.
2. Noise controls for private aircraft.
In addition to this, the Consultant wi11 be present for the presentation
to the F.A.A. of the fi.nal producf. Attached ar2 tHe resumes of the•principal �
professional staff that will be assigned to this project.
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� � LAWRENCE G. COPLEY (Registered Professional Engi.neer) �- � �� � .
Senior Consuitant
� EDUCATION � . � . . . .
B.E. Mechanical Engineering, Oniversity of Queensland, Austra2ia (1959)
Ph.D, Applied Physics, Harvard University (1965) '
� � PROFESSIONAL EXPERIL'IVCE . - � �
1970- . Zndependent Consultant
1469- _ Visiting T.ecturer, Harvard t)niversity `
1970-�5 . Partner, Cavanaugh Copley Associates
1965-66 . Research Engineer, Queensland Railways
1961-65 . Research Assistant and Teachinq Fellow, Harvard University;
ESiigneer, Cambridge Acoustical Associates, Inc.
1960-61 , F�gineer, Queensland Railways
� . � PROFESSIONAL AFFIT�IATIONS - � � . . � . . �
Acoustical Society of America
� American Society of Mechanical Engineeirs
�
� � . � Institnte o£ Noise. Control Engineering � � � � - ��: � � �
� insti,tutian of Mechanical Engineexs (LOndon)
�
National Council of Acoustical Consultants
Natj.onal Society of Professional Engineeis
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� . RICHARD G, CANN (Registered Professional Engineer) . . ; � . . . . � . .� -
Acoustical Engineer
Instrumentation for acoustics and vibration (aircraft, trucks, rapid transit,
and industriai plants); acoustical model studies for airports and highways;
noise abatement barzier design; muffler design,
EDUCATION
M.A. Mechanical Sciences, St. Johns College, Cambridge Universitg, Enqland,
First Class Honors (1962).
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� � PROFESSIONAL EXPERIENCE � . ' � � �- . �
'1976- . Consultant
1972-76 . Senior Acoustical Engineer, CamUridge Collaborative, Inc.
1970-72 . Acoustical Fligineer, Eichler FS�gineering
1969-70 . Marketing Manager, SchocK Elec�o Optics
1967-69 . Product Applications ESigineer, L.F..E, Eac_
1964-67 . Instrumentation II�gineer, Frocter and Gamble
1962-64 _ Teaching Assistant, tIIiiversity of California .
� �� PROFESSIONAL AFFILIATIONS . - � � � � � �
IEEE Mem6er
Private Pilot S.E.L,
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SDSAN E. Epff.EN (�echnical staff Assistant)
F�vironmental noise assessment, Acoustical data.collection and aiia).ysis.
Architectura7. acoustics and building noise control.
EDUCATION
, 1976- . Courses in noise control and physics.
� 1976 B.A. (Music) Smith College, Northampton, Massachusetts.
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. . � . PROFESSZO.*iAL EXPERIPSNCE . . � � . . .
1976- . Technical Staff Assistant,
1975 , Audiology 9ntern, Children's Hospital, Philadelphia, Pennsyloania,
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Appendix 2: Reguired'PYOViBions
(a) Audit and Inspection of Recorda �
The Consultant shall permit the authorized representative of the County
to inspect and audit aZl data and records of the ConsuZtattt relating to his
: per#ormance iatder the contract up to three years after completion of this
conCract.
(b) ProhibiEed Interest
No member, officer, or employee o£ the Public Body or of a local public
body during hia tenure or one year thereafter shall have any ineerest, direct _
or indirect, in this contract of the proceeds thereof.
(c) Equal Employment Opportunity
In connection with the execution of this contract, the Consultant ahall
not discriminate against any empinyee or applicant for employment because of _
race, religion, color, sex or national origin. The Consultant ahall take
affixmative action to insure that applicants are employed, and that employees
are treated during theiz employment, without regard to their race, reli,gion,
color, sex, ox national origin, Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, or termination;
rates of pay, or other forms of compensation;and sel.ection for training,
including apprenticeship.
� (d) Minority Busi.ness $nterprises
'; In connection with the performance of th3s contract, the Consultant will
'3 cooperate with the County in meeting his commitments and goals with regard to
the maximum utilization of minority husiness enterprises and will use its best
efforts to insure that the minority husiness enterprises shall have the maximum
practicable'.opportunity to compete for subcontract work if any under this
contract.
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