HomeMy WebLinkAboutbocc.con.062.1988 .'a'.-` .
�� ..
_ .... �...��...... ._...-» ..�......- . .. . , m ..a—.� . .. .... . . 'l k.
1' ` C Sf8—G 2 �'��{:lx•::'
,, � !�°a;;:;
' .. ,_ �• . • 2,:.. .
• PITRIN COIINTY ENGINEEI2ING CONSIILTANT C�NTRACT
(AGREEMLNT)
THIS AGREII�:NT, is made and entered into as of this First
day of July, 1988, by and between Pitkin County, Colorado, a �
Colorado Iiome Rule County, ("Pitkin"), and Isbill Associates, •
Inc., a Colorado corporation, 10190 East MonCView Blvd., Denver, •
Colorado 80010-2231 ("Consultant"), wherein Pitkin and Consultant
may hereinafter be referred to jointly as °the Parties." '..�
;'Y'1:'.:`:'� .
:.�:.'�' .�
W�.S, Pitkin, as owner, operator and sponsor of the =
Aspen/Pitkin County Airport (Sardy Field), intends to accomplish ri�f' `-'
the 1988 Airpart Pavement-based Capacity Enhancement Project
("Project°), in accordance with the terms and conditions outlined
• hereinbelow and subject to all Federal Aviation Administration
("FAA") requirements and limitations; and � . �
k�. .
WFffitEAS, the Consultant hereby agrees to complete the � y
Project aocording to the terms set out in the Contract Documents
for the compensation set out herein; a �
NOW, Ti�REFORE, Pitkin and the Consultant, in consideration
of the premises and of the mutual covenants, terms, and
conditions hereinafter set forth, the sufficiency of which is
hereby acknowledged by each of the respective parties, agree as
follows:
_ I. SCOPE OF WORR
1.1 The Consultant shall perform all Basic Services as 4�
dePined below and such Speaial Services as are specifically �. .
requested in writing by Pitkin necessary or appropriata to the ' ��
completion of the followinq Project elements: •
} _.
a. Construction of a South Holding Apron
b. Construction of a Bypass Taxiway
� c. Rehabilitation of the existing General Aviation
Apron
d. Installation af Taxiway Guidance Signs •
e. Expand Air Carrier Apron , :;'-�
;`..
II. HASIC SERVICES ,
- 2.1 The Consultant shall perform the following Basic ?�
Servicea in relation to the Project. i j
v�
� a. As requested, assist Pitkin in the preparation of �
, 1 ?� 4;
i � :ti-,�
i � �7k`.
.'!Y�' �F.:
.�� �,�^'i ;
!. 7..".I�J' .
, �..' jf`_.
:
�.y,�� .,. . . . ' {�..
�>� - '� .. . '. . ' . e.- . '. . ... . . . . . . ... .
..
y ..,.:-. :.�... .... . �:: � I �.
_:�;,,.�a.� . ' � . . � „��
L,•�-+:tir,' . y�. . �'t:`_.
.-i� . � ..r.�"� -
'i-jr�,��..� � . . �— � , � _.
`�1::; �
;c;-,5,:.� . . i . .
".tf�,-.1�:�
' �.�_.�:i�i�;:�� .
�,_:?�.�.... .
r�`(�::�: . . ' .
� � _ ' u (
��F�fi,,�, - �
:.;4:o�r��% . ' .
.y,�-: _
�� .
� w :��
5��4� �
r���:..!. .
� _., .-
.
�
' ��;_i:tN`�>:r:5:
, E;
. ;'y�;4
t':
property of the Consultant; however, Pitkin shall ba prov3ded one �
(1) set of specifications and reproducible plans whether or not
tha project is executed. With the Consultant's prior consent,
Pitkin may use those plans in any manner it wishes, provided
Pitkin agrees to save and hold the Consultant harmless for any
liability resulting from such reuse, unless the Consultant's ,
services are engaged in the repeated project or projects.
7.4. This agreement may be terminated for default in '
accordance with the provisions of paragraph 6.2 hereof. Default ', ':
shall be defined to include, but is not limited to: inferlor or �; ��;Y;�,;:..
uncompleted work by the Consultant, laok of diligence by either !-!'.:j. .
party, inability to meet speci£ied time constraints by either i,�:i, �
party, or failure of Pitkin to provide civil, stntctural, ;ir'.:_-�'.:
mechanical or other details of systems existinq at the site.
7.5. The following documents are agreed to constitute the
Contract Documents and are incorporated herein by this '
reference. in the event that any provision of one Contract `
Document conFlicts with the provision of another, the provision % <
in the Contract Docwnent listed first below shall govern, except �� �
as otherwise specifica7.ly stated: ��, ;
a. Agreement (this document) and Addenda, if any; ' !
b. Pitkin County Required Clauses;
c. FAA Required Clauses;
d. Notice to Proceed.
7.6. The Consultant does not intend to employ sub- � �'
consultants or sub-contractora on this engineering groject; , �
however, if employed, Consultant agrees to bind every consultant ��
sub-contractor by the terms of the Contract Documents. The �
contract Dccuments shall not be construed as creating any ,�.:.
icontractual relationship between the sub-contractor and Pitk3n. � :
7.7. All services shall be performed under the general �' .
direction and observation of the Airport Manager or his designee.
Consultant agrees to fully cooperate with the Airport Manager and
promptly to respond to his inquiries and requests for
information. ThQ Airport Manager shall decide any and all
questions that may arise as to the quality and acceptability of �
services performed, materials furnished, rate of progress of the '
Pro�ect and related services, interpretation oP the Agreement and �'
- all questions as to the acceptable performance and completion of
the Agreement on the part of the Consultant.
7.8. a. It is acknowledged and agreed that the FAA is not �i
party to this Agreement. � ±
. �
7 j.
�� ;;.���.t
. . ��.u.� 0:4
1;�'
� y�'"y
_. . .__.._.__ .__........_._ .. .._. : .
� . .. . . _. .lL ..
� . .._ .. . . . . . . . .. _ . ... . . '!� �'`.
x '� : .
't�, ,
� � r ,
.t c •N S
t ._.
� tis�..
F :r'.�.-•� ` • ' ., -.
�!:� y.:`: . � , .
�f: i
���
:�s�:
Xti.,:
. .�'�fi,�. ' . . . .
_ . �
ti,':;%A�+;a"> � . .
-?�. - '
:,'.5•� _
�,Y..h`.''._�'''r�� .
.r�
'•'�=r..,�ti`� ri, .
n.5 f�
c��.�"
. •4""y�. . '
r x'>
. .._._.......,_.._ ._._....... ._..: .. .. . ...,,......—.._ . ' .... .
.�,.�.��. . . . ' . _ . . , . .
. f f��t��;�';'(,'
, ��.;:':.j�:';;:
?`
b. This Agreement is contingent upon receipt of FAA •
approval of the Project Grant Application and execution of
the Grant Agreement for same.
7.9. The Consultant agrees to comply with the regulations
relative to non-discrimination in Federally-assisted programs of .
the Department oP Transportation ('�DOT") Title 49, Code of
Federal Regulations, Part 21, as amended. The contract �
requirements contained in FAA Advisory Circular 15�/5100-14A,
Appendix 2, dated February 7, 1985, are hereby incorporated into
this Agreement by this reference. The contract is furtiher �.�.Y-:�. .
subject to the Office of Management and Budget Circular A-102 :����
Procurement Standards contained in FAA Advisory Circular ^:`;�',:
150/5900�iB, Appendix 3, dated January 31, 1979. .!�
7.10. Whereas, it is the policy of DOT that Minority r- �
Business Enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to part3cipate in the performance of ;°
contracta financed in whole or in part with Federal funds, i. � .
: consequently, the MBE requirements of 49 CFR, Part 23 apply to ': ! • �'
this Agreement. ��� �1'_� �-. .
�::
E.::
The Consultant shall agree to ensure that Minority Susiness ;,:, �'.
Enterprises, as defined in 49 CFR, Part 23, have the maximum
� opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In
this regard, all Contractors shall taka all necessary and
_ reasonable steps in accordance with 49 CFR, Part 23 Co ensure
� that Minority Business Enterprises have the maximum opportunity
to compete for and perform contracts. A Contractor shall not
' discriminate on the basis of race, color, religion, national �
oriqin, or sex in the award and performance of DOz assisted
contracts. ;v.
.�
7.11. It is understood that the FAA is not liable for any
expenses evolving from additional work to the Agreement '�
authorized by Pitkin.
°Zn the event Pitkin shall request work that in Consultant�s .
opinion is not included within the oriqinal terms and conditions
� of this Agreement, Consultant shall so notify Pitkin before
proceeding with such work. Thereafter, if Pitkin shall authorize
I such additional work, in writing, all Consultant work so
authorized unlesa otherwise agreed to by the Parties, shall be
billed to Pitkin on an hourly basis, using the following hourly ;;
rates: � :
_ Principal , $78.70/hour
' Staff Engineer/Planner $70.15/hour � �'`
EngineeY/Planner/
, Construotion Coordinator $49.10/hour Q �
. Associate Engineer/Planner $35.65/hour ; i -
�..:`�..-
� $ :
� �,�
s\- r-'. .
�
, �'..' �`
(i�E
� ,7Y �
: 5�± s�i'
I . ._._ .__._.� � . . . _. . .... .. . '.,�
t .. .. ........ . . . .. . .. � . . J�f�
���.;; .. i.
�,�� �
�..== - �,�, �,
=�:::�.-:��:;;,� •
.y_.;��:�r:,: .. . _.
.xr< < .
w � ,
,'";AS_�, -
k;y,,>..:::,...
�'a�;...,_,
5.x'� - n
._.�,�_ - � ,
;:_:..i,: ,
:�:�;;;:;:;=�: .
�:�,:_.;.
,zY,
�=tii`i .:�� . .
��
lr. 3. •
.i:�1��:1.' ', �'
r.FS..'3�:+n'v. . ..
. �.��':._li• .
.__--..,,_.,__ _.. __._...... . ,
� . • _ ,,,. .
��;...,,`
;� . �;����:.
-�; . �..:....:
i . !":�ri�:
i ,<,�.._.
' Draftsman $27.80/hour
Clerical/Data Processar $31.60/hour
These hour2y figures include labor overhead, general and
administrative costs (including insurance) and profit.
The cost of additional reproduction and similar costs, shall .
be billed as follows;
Prints (Blue Line) $0.25/Sq.Ft.
' Xerox Copy $o.2o/Sheet +�'s' -
.*_�
Additional services, including equipment rental, material, �i-fi :::
labor, travel, and per diem shall be billed at direct cost to ''` " "
� Consultant.
;_. . .
� 7.12. No waiver of default by either party of any or the _
' terms covenants or conditions hereo£ to be erformed, kept and '��•
� p i:°•,;;:..
� observed by the other party shall be construed, or operate as, a .,
' waiver of any subsequent default of any of the terms, covenants or � -
� conditions herein contained, to be performed, kept and observed by f
; the other party. �
,
; ;
` 7. 13. The Contract Documents were negotiated and reviewed
� through the mutual efforts of the parties hereto and the parties -
agree that no construction shall be made or presumption shall arise
� for or against either party based on any alleged unequal status of
g the parties in the negotiation, review or drafting of these
- 5 documents.
� 7. 14. The undersigned representative of Consultant, as an
� inducement to Pitkin to execute this Aqreement, represents that he
is an authorized representative of Consultant for the purposes of �v
s executing this Agreement and that he has full and complete
authority to enter into this Agreement on behalf of ConsuZtant upon �i
j the terms and conditions specified herein.
! IN WITNE88 W8ERE08, the parties have made and executed this
� Agreement as of the day and date first set out above.
� PITKIN COUNTY, COIARADO ISBILL ASSOCIAT� INC.
(PITKIN� (CONSULT )
; .
�
� Sy: By: ,
hairman, Board of Title ��;,?4
- County Commissioners
I
- � ATTEST. ATTE ��
� l.
/ �
I gy: By: i •iJ'�,� D4!e� v.�'
I eputy Coun Clerk �i/�Corporate Sec'retary � 1 , y�
9 � ��;�
v�..
' _'.i:,���'�:�'�
� -�;,..;r.
� k:;H
�: ;.:j�.4r
----..,� .- --__...__�.. . , , . _ . _ _.
;>� _ :�. �-
�:v�:;.•,=��< ..
��,,;: -
�-.�:, "
,x� - �
-:.. f F . ... -
��
t�� � .
,�Y1 {� �� � - - __
���..:;�{�+�ti�`4;`.'.� .
=c_=;c5�.::��o,_ . i .
'��v,.:
,u^•T'.�
��w�*�r�i ' • -
,�..;:`Y'� . . ,
.�AjS� - . . . . �� .
�i#.4R;i� 1 . . .
^�_?:.i.,"' ' .
d
't� �
'L� µ .
`Y,���:i}h y��� • . " .
.�'y'J'w
"�F;��:.: . �
Y?2'.F3.-.
;p. ..y.T-.`,' .
'i1:�{
_ — �...��.....��i.. __�—__.�.�._ _ __
�,.
• �-WS�; .
.
- x
r .
.
._. _ w._..,......_...... _..._._....___. ._ _ ,. .�.�Q.._,.._.,._.` .._.__ _
_ . ... .
. �
" ���.��, ,
�.#
7,.,�.,
• �`';-"",'�"rr...
..,F':,.��;
RECOHRSENDED FOR APPROVAL:
�
Sr�ph�
Airport Manager
APPRO D A TO FO -i';,'+;':,..
; �t , :,
Timoth itsit • � '
Assis nt o nty Attorney I����'•=
t;:�.�.,
F �
' APPROVED AS TO BUDGET: Mr;.: :
i f— �';` ;. �,.
� � G%�� ��
�
� Thomas Carl Oken i�� � .
� Administrative Services Director �)�, �
� E
�
tew.56 ' �? ;:` .
,.
_
j
�
_ . � _
� •
ti
. .
1 ,,'_t �
; _ �
� �`
�
� -
� , '`:
; ,
; ;
� �
.;
� .
-,w
_ ;,t
. �,
,
' 4
� �i 3 1
10 , s � �_�
•a,:
5 4,�
Y�} ��"
��t `�.
,} s
M,Y�:.
1,Y _
i�C "}�
i 5'.. `;.
. ....�--.��.u.�vc.....��.��.�
..:_.k._.....�_____... ._..,..._..�._._�._.�......_...�..�.._.�.�_
—r.i.�.�t.r�Y _ - . ...... �� . .. f,r
;.
r.._..w.«,... .�"."_'" ....:... �:..:�_...
'Y
�'t4,,, : ' .� .,
. _a'�..s fi�. � _ • -
. .,
,���✓.} . ' .. . ..
a.'t,: ,,, ' , " d �
����,�:. ' ,�' ,• :
.. ,-,
.�:���,,�. � - _
,K���.tsx._ � -
�����L_. . . . , ,
,�,y��,^ ' .
��: - ,
ti;'� ��� . 'o. �� .
S"T'f�7+.:: . ' . .
� -..R�:.ti�,�'• - . • ,
� "�=��.yy,��,'ii': � .
;:�.�,� ^ ..
y,�y�,.,;s,..�� .
.`�'y°k-•5_.k}�-; �,
'�:�s�'•���ri�` "
-;�':��� � .
���� ��'. � , . .
�:s::
� �,
. ��; .
��`
:t�•:�,�_�
;:c,a;.,.•
:. ::; .
� :.
(;;c`,'•�`.,
k,
' i'�';�:i°.'c
r':
PITKIN COUNTY PLANNING AND DESIGN CONSULTANT CONTRACT �
(REQUIRED CLAUSES)
For the Projact Entitled: 1988 Airport Pavement-based Capacity
Enhancement Project
Date of Propasal opening: September 22, Z98?
The Consultant shall be subject to the following provisions: •
.;*S ..
1. COMPLIANCE WITH PROCUREMEIIT CODE AND APPLICABLE STATE CON- ;�::i .
TRACTING LAW `
':�f.��,::
, ,�r : ,..
A. The Consultant acknowledqes that this Aqreement is entered
into subject to the requirements of the ��Pitkin County Pro-
curement Code,�� (Section 8.5 of the Pitkin County Home Rule
Charter, Resolution No. 82-37, April 12, 1982) . As such, the
Consultant agrees to comply with all requirements of said {;`;.:;
Procurement Code, and such requirements are incorporated :. � ,
herein by this reference (copies of the Code are available ��:",'�:.:;'::
from the County for a nominal charge}. The Consultant also �,c; ;
acknowledges that this Agreement is subject to applicable
: state contracting law including, without limitation,
C.R.S. Sections 38-26-101 et sea•, 24-92-101 et sev•, 43--2-101
et sea•, 43-2-201 et sea•
B. The Consultant shall immediately notify the County Manager in
- writing of any violation of said Code or statutes by the
County+s employees or aqents, which violation(s) is known or
should have been known by him, and failure to so notiEy the
County of any violation(s) within five (5) days of knowledge a
of such violations shall be considered a breach of this ' �2
Agreement. Further, failure to notify the County of any ,
violation of the Procurement Code or statutes within five (5) �
days of knowledge shall be deemed as a waiver of any action �:�.,
or defense that the Consultant may have against the county by '
reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT EEES GRATUITIES KICKBACKS AND
CONFLICT OF INTEFtEST
A. Covenant Against Contingent Fees. The Consultant warrants
, that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or ;
understanding for a commission, percentage, brokerage, or
contingeat fee, excepting bona fide employees or bona fide �!•;
established commercial or selling agencies maiatained by the
Consultant for the purpose of securing business.
B. Gratuities Prohibited. The Consultant agrees not to give any .,, ;�
employee or former employee of Pitkin County a gratuity or �°�,
� �.,.:.:_.f
# `� � .
�� '`
L::°:<�;
i �
`� { ��.
_ ___.__ �. __ .
a.,�'
_ . . �� ��
=��' ..
i
:�:,�`=�4. � .�x -' ` �4 .
��'. .
�� � ;,i -- .. _.
,`1�`.`,,:,.;._C, ` .
.:J"1-'.w�'
:'�r�4 _ ' � .
:�A}"` _
J '
�i,i " `
. (
li'� - � '
:?•t�-;,�� _ . .
'Yi�: _ -
"i-r?
},� .
'f,ir:�_:.•.' iy . .
��.'�,:- . �
r'f.}
-:i`. '_
� � �'` • � _ .
i • �',�;,;.j^':;.
. . �::-�:�;... ;:
any offer of employment in connection with any decision,
approval, disapproval, recommendation, preparation of any
part of a program requirement or a purchase request, influenc-
ing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other
advisory capacity in any proceeding or application, request
for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or Subcontract, �
or to any solicitation or proposal therefor. •
C. Gratuitv means a payment, loan, subscription, advance deposit •
',r.>.�: _
of money, services, or anything of more than nominal value, :F_.:3 _
present or promised, unless consideration of substantially •;'{f; .
equal or greater value is received. ;,;�:.
D. Kickbacks Prohibited. It shall be a breach of Contract for
any payment, gratuity, or offer of employment to be made by (.:..
' or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associ-
� ated therewith, as an inducement for the award of a subcon- j'- �'�.:,,.•
tract or order. The Consultant is prohibited from inducing,
by any means, any person emplayed under this Contract to give j��1��` �
up any part of the compensation to which he/she is otherwise
entitled. The Consultant shall comply with all applicable '. .
local, state and federal "anti-kickback" statutes or regula- ;.
I tions.
� E. Prohibited Conflict of Interest. No official, officer,
employee or representative of the County during the tarm of
- � this Contract or one (1) year thereafter shall have any
interest, direct or indirect, in this Contract or the proceeds
thereof. (Additional restrictions on present and former
, employees of County are found in Article 7 of the Procurement �
Code).
F. Sub-Contract Clause. The prohibitions against contingent �`
fees, gratuities, kickbacks and conflict of interest pre-
' scribed in thia Contract shall be made a condition of con- �
spicuously set forth in every sub-contract and solicitation
therefor.
�. Consvicuouslv means written in such special or distinctive
format, print, or manner that a reasonable person against
whom it is to operate ouqht to have noticed it.
S. Remedies. In addition to other remedies it may have for '-
breach of the prohibitions against contingent fees, gratui-
ties, kickbacks and conflict of interest, the County shall
have the right to:
- ',
(1) Terminate this Contract without liability by the County; ��
(2) Debar or suspend the offending parties from being a _ -
. , 2 1
� 4 �;
� ��
, �-
y� `
u,:
r � '�.
.._.. .-. ..... . .. . . . . ... `
.. ._. . ��t 3
.
� �\
._ ._'__.__._ ._._._,�. ..:...... .. . .. ...�.. . . .. . -,� .
� . .� , � _ J7 �..
',,�:. � . .. . � �,.�� .
.;i` . a'y '.
i w� , -
� r' ,;I �. - . ."
:EL-, :�:'.. ' `
'�,tiw,== . , . '
`-�y;_':,�:"� .
y��. _
r�,';•;; . . .
' ::"J'1���J-_ . �u �
.ny=:�_ . . ,
cr,':.' �
:_c�[:�.i_�f; � '
7l'..:��.�.i�..;n' '
�.4.
a. _
Y}. .
o�i�..�� �V'
;;;:i:j�'"
.�i':•:ki. . ' � .
t�
, .
._ . .
h .�C' .. � . .. ..._... � ... . . .
��.... . .. .._._. . , .. .._....._.._..., ... . .. �.
�`tit„��`
�'`
' r`
consultant or subconsultant under County contracts;
(3) Deduct from the contract price or consideration, or
otherwise recover, the value of anything transferred or
received by the Consultant; and
(4) Racover such value from tha other offending parties.
3. EQUAL EMPIAYMENT OPPORTUNITY AND MINORITY1WOMEN BUSINESS '
ENTERPRISES lMBE/WBE)
A. In connection with the execution and administration of this -"�
Contract, and any subcontracts, the Consultant shall not ',:i.�3 .
discriminate against any employee or applicant for employment ,,�l�t .
because of race, religion, color, sex, national oriqin, age, ,:,;,:;.�
handicap or status as a veteran. Affirmatfve action to
prevent such discrimination shall include, without limita- _.
tion, employment, upgrading, demotion or termination, rates
of pay, or other forms of compensation, and selection for -
training, including apprenticeship. :`
i +
B. In connection with the performance of this Contract, the � t1
Consultant will cooperate with the County in meeting the f,, �;
County's commitments and goals with regard to the maximum ;
utilization of minority and women business enterprises and
will use its best efforta to ensure that such business
enterprises shall have the maximum practicable opportunity to
• compete for employment and/or subcontract work, if any, under
this Contract.
� C. The Consultant will furnish all necessary information and
reports and will permit access to its books, records, and
accounts by Pitkin County for pnrpose of investigation to �+
ascertain compliance with the nondiscrimination/affirmative �.
action provisions of any resultant contract. ,
D. Employment Data and Affirmative Action Plan. If requested, =�,;1
the Consultant agrees to submit on an Employment Data Form to
be provided by the County, the data showing the utilization
of minoritfea and women by job category within its orqaniza-
tion. Where the Consultant has fifty (50) or more employees �
or it is partioipating in contracts with the County which
exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative
Action Plan must be submitted to the County when requested by
the Airport Manager's Office- within ten (10) days after
selection or request.
E. Noncompliance. In the event of the Consultant's noncompliance
with the nondiscrimination/affirmative action provisions of
� any resuitant contract, Pitkin County shall impose such
contract sanctions as it may determine to be appropriate, � 'i
including, but not limited to: �
Q:i
(1) Withholding of payments under the Contract until � �
3 '
��:.-:.. :s ,
� s�'
r �
j' ��' �����-
:-
. .. �i: •°��•:� .
w ` ��;
._-,_ .....___.___.._ . • ... . . ... . .. _. . . _. ... , .
. _. .,.. , .
l
_ i�. . r�
•.� . - � ..Y' ". �� � 4;:
�;�';'i.:'�_.•:� ` . _.
:i%�': _ . '
�1.=.i':4(��`�•' . 1
1�%.�.... _ . , �
�y s•:'_
''�n�. -
d��
�M1 .
- �
��:_�:.�?N'� � r .
:T t�� .
.i'� '
�.fy'�
M.,.
F.,}L`,k).' \
�:��.��
� _ ;''c.�� . .
/� Y. ' . .. .. . . . - . .
�.`� . .. .._.., ._ . _. .. . ......,_..._ ,. � i�i�
;i;:
�1
1 the Consultant complies, and/or
(2) Cancellation, termination, or suspension of the
Contract, in whole or in part.
4. TERMINATION FOR DEEAULT OR FOR CONVENIENCE OF COUNTY
A. The performance of work under the Contract may be terminated •
by the County:
�m::;.�:..
(1) Whenever the Consultant shall default in performance of r;.� ,
this Contract in accordance with its terms, and fails to i�;, ..
cure or show cause why such failure to perform should be
excused within ten (10) days (or longer as the County may
allow or shorter, but not less than three (3) days, for
failure to provide proof of insurance or maintenance of
i any dangerous condition) after hand-delivery or mailing
� to the Consultant of a notice sgecifying the default. If `
mailed, said notice shall be sent by certified mail, i�`
return receipt requested, to the address specified herein
� far the Consultant. �.� .�:'
a I'
' The Consultant shall not be in default by reasons of any ! `
; failure in performaace of this Contract in accordance
�ttt with its terms if such failure arises out of causes
;I beyond the control and without the fault or negligence of .
� the Consultant. Such causes may include, but are not
j restricted to, acts of God, natural disasters, sCrikes,
+ or freight embargoes, but in every case the failure to -
perform must be beyond the control and without the fault .
j or negligence of the Consultant. Upon request of the ��
� Consultant, the County shall ascertain the facts and
:; failure, and, if the County shall determine that any ,'�
failure to perform constituted a valid commercial excuse, �
the performance shall be revised accordingly and notice y�
of default withdrawn; or
; (2) Whenever for any reason and in its sole discretion the
� County shall determine that such termination is in its
best interest and convenient.
� B. Notice of Termination. In tha event of termination for the
I convenience of the County, the County shall deliver to the
Consultant a written notice of termination, specifying the
reasona therefor, and the effective date of such termination. -
The effective date shall not ba earlier than the date of
hand-delivery or the date of mailing oE the notica, plus
three (3) business days. The notice of termir►ation shall be
sent regular first-class mail to the address of trie Consultant � �,
herein provided, �
Q' �, :
C. Termination Procedure. After the effecCiva date of the
1 - .
4 �q , -.a::
'c .� �
� �Y
t-
' t .�r'.
�':L�'�'7�'�•�.,'.
��: �:.�.
. . _. . �� •. ' �•:
." .,"'___...._. . ...-,._ . _......�. . �, .:- .. -. . . : ._... _ . . . . .... ,
�- . .. . . . . '' . {:�.-
` : ' .. . � .�.
..., �'
:k r t3'w�. • � .1�
;�'?:�z� .,
-s.�� �~���,I.
.�Y S',_ � ` ` � _
�ti,:� ...r.
� ��r.l't:'=- - . � � .
}_iT,
�:
'����' � , .. . ! .
'��`;�:.:-r'::... . ,
`�:�i :�,a.... � -
•.3�.-:=:?�'�'f-;i.
,�" "
'1:��'.:�::..:.: .
,�.':. ,.y+: . .
��. s 'Y
:nc;,<�.:_`i„.... .
;��{:;
:_ :: :
�
� __ _ . , (�' p,
notice of termination for default or for the convenience of
the County, unless otherwise directed by the County, the
Consultant shall:
(1) Stop work under the Contract on the date specified in the
notice of termination.
(2) Place no further orders for materials, services or facil- ,
ities.
(3) Terminate all orders and subcontractors to tha extent :� �; -
that they relate to the performance of work terminated by �� '
the notice of termination. :�.�: ::
�; . .
� (4) With the approval or ratification of the County, settle
all outstanding liabilities and all claims arising out of '
` such termination on orders or subcontracts, the cost of
! which would be compensable or reimbursable in whole or in
part in accordance with this Contract. .,�"=. :
� :.
D. Termination Pa ent. After the effective date of a notice of ' � .
Ym .,�.�; .:
termination for the convenience of the County, the Consultant '
shall submit to the County his termination claim in the form
of a final invoice in accordance with the provisions in �� ,"
( "Method of Payment," including costs incurred and profit to
� the date of termination (but not future profit, which shall
� not be paid), and costa incurred because of termination,
I which termination costs shall not exceed lOt of the total
_ amount of proposal; provided, however, that in the event of
i default by the Consultant, no extra costs incurred because of
termination shall be paid to the Consultant and any costs �
� paid shall not be a waiver of any claim, counterclaim or set-
� off by the County against the Consultant on account of any :r �
default. Such claim must be submitted promptly, but in no '
event later than thirty (30) days from the effective date of I;
termination, unless one or more extensions are granted in �'`
writing by the County. Upon the Consultant's failure to
submit a claim in the time allowed, the County may review the
; information available to it and determine the amount due the
Consultant, if any, and pay tha Consultant the amount as
determined.
E. Termination Settlement. Subject to Paragraph 4.D., the
Conaultant and County may negotiate the whole or any part of
' the amount or amounts to be paid, upon termination for default
or for the convenience of the County. Y
J
F. Remedies. The Consultant shall have the right of appeal from
� any determination made by the County under "Termination for
Default or for Convenience of County;" except that if the �!
Consultant has failed to submit his claim within the time ��
provided in Paragraph 4.D., above, and has failed to properly '3�
, � 1
5
��`;:�'. �y.�.
s�+;�;`��::�.
�, �F^�
�:�
�- � :
.„�, . --_-- _ __ _ +r `.
,r . `_L
�- - � ,
.;:- �, � ,; r E
.�, _ �:
;�, _
f}�;��};-:, _ " . -.
�i.J.:^i,,_*.
:s;i:,�,:- ,
;y�-;w�:.r. _ . .
:a';. _
.;:;,; _
�;_:�;'`�,,;-- • `
;.; - , �
��. , '
:y':
e'i•
�,
r� �
ry�?t �^`
4�r:;�'
:�.-; ..
. �., � �--- .�.. - . _._......_ ....._ � ,
� ..Ly�'4S`�....
. . �'�' (,�,
,�;;';+":''<•;,: �.
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 Paragraphs 4.D. or 4.E., above, the County
shall pay the Consultant: (i) the amount the County has
determined if there is no right to appeal or if no timely
appeal has beea taken, or (2) the amount finally determined
on such appeal if an appeal has been taken.
G. Method of Appeal. If the Consultant disagrees with the
County's detarmination under Paragraphs 4.b. or 4.E., he can '
appeal this decision in writing to the County. Such appeal
must be made within twenty (20) days of reaeipt in writing of �;-:.;;: .
the County�s determination. The County shall have twenty -+=-a
(20) days in which to respond in writing to the appeal. The •:'��,';
County's response shall be £inal and conclusiva unless within :!! :.
thirty (30) days from the date of receipt of such response -
the Consultant submits the dispute to a court of competent -
jurisdiction. -"�
, � r=.`__ `
5. METHOD OF PAYMENT
A. Once each four (4} weeks, or whenever convenient to •both the J � ,
County and the Consultant or as otherwise provided in the _E;; ;
contract documents, the Consultant shall submit to tha County ,
a certified Application For Payment for percentage of work •
: completed. +:
B. After recaipt and approval of the Application, which approval i
� - shall be reasonably prompt, the County shall make payment
thereon within thirty (30) days of receipt and approval.
C. Prior to a final payment under this Contract, the Consultant
shall execute and deliver:
L �
�(1) An assignment to the County of refunds, rebates, credits �
or other amounts, including the interest thereon, properly j�`1
allocable to cost for which the Consultant has been
reimbursed by the County under this Contract; and
(2) A release or waiver discharginq the County for a21 liabil- f, .
ities, obligations and claims arising out of or under this 1"
Contract on behalf of the Consultant (and his successors �
and assigns) and of all subconsultants and suppliers, and
an indemnity protecting the County against any such
liabilities, obligations and claims; and
(3j An assignment to the County for all warranties for pro- `�`
ducts and operations provided under this Agreement; and
(4) A written representation from the Consultant in a form
agreeable to the County that the services provided have i
, met the standards for the profession in the Aspen and '
i.� j
6 �,,i;. `;
y�,'.
�'�-,�:
.�;.. r
i� 1-i'��:
z � :r�.
i
� .
, . ._�.__.... ... ._....... . . _._.. . _.. . .... .. .._ . . . . . . � � xt
, - . .f�.
k:�..��M .. .. 'A ('..� .
��- �.� � . I..� �
H.
:`5':??,'?".1 ` ' ".
.r_,.��^
,:,. .
�`-.-acw^�,
.Y`_Y.�> r ,
�=,k.�:s X . . "
;�
a<..,, ,
_ o
4 - . . � , " 1 - .
:=p' _
`�'_;- �"�.., .
�
i � r j r_
Y
�:.�_•,'�":
4..>:�
. �{`.n�:��y:'
x _
"f: -
�.. .-°... . .,,_ .. _. ._.. .... _ _ _. _ ._.,..-., ' .. k,
�� '-4:!7.,t,•
• , :.i'.,,
�
Denver Metropolitan areas and an agreement for a walk-
through inspection by Consultant eleven (il) months after
a Certificate of Substantial Completion is issued to
review contractor performance, for the purpose of making
warranty claims, and to review Consultant's performance.
6. INTEGRATION AND MODIFICATION .
A. This Contract constitutes the full and complete agreement of
the parties and supercedes or incorporates any prior written
and oral agreements, representations or understandings of the ••t`�<
parties. In addition, the Consultant understands that no `�` '
County official or employee, other than the Board of County ;:�.J�;..
Commissioners acting as a body at a Board meeting, has
authority to enter into a contract or to modify the terms of !``�''
this contract on behalf of the County. Any such contract or
+ modification to this contract must be in writing and be
� executed by the parties hereto.
H. With respect to change orders under the Contract, the County ;�t,,:: :.':.
�; and the Consultant shall process and approve/disapprove
,`��;:� �.
requests for change orders as otherwise provided in this =•
� Contract, subject to the req�tirementa of the Procurement Code
and the Finance Office. � `. '
� 7. INDEMNITY/INSURANCE
i
t
j A. The �Consultant (including, by definition here and hereinafter,
_ i fts officers, employees, agents and representatives, subcon-
sultants and suppliers), shall and hereby doea release, dis-
i charge, indemnify and hold harmlesa the County of Pitkin and '
I its officials, employees, agents and representatives from and '�
against liability for any claim, demand, loss, damages, :� �
penalties, judgment, expensea, costs (includinq costs of �
? investigation and defense), feea (including reasonable ?
attorney and expert witneas fees) or compensation in any form
' or kind whatsoever for any bodily injury, death, personal
injury or property damage arising out of or in connection
with any negligent act, intentional act, error or omission by
the Consultant, and for any consequential liability alleged to
accrue against the County caused by the Consultant's acts,
� errora or omissions; provided, however, that such indemnity
shall not be construed as an indemnity for bodily injury or .
� property damage arising from the negligence of the County or
its employeea. �_
B. The Consultant 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, q:;
false or fraudulent. � �
1
7 � � :�
� ;�'�
,;:ti: �.
� �'I�-'�Y:.'...
G ;_4���,��
yr.^..�.. '"'._.:....,..... .�.. . . . ..". . . .. . . . . .�,� {.�.
_:..l��ti�. ' .. . er
' � �. .
-�iF�;a:• � ' �. '� ~
. i ..Y,� . . -.
F t�:; � .•.�� "' ` . .
.���T��.ti:-t;i . � . .
-_ - . - o ,��.
.'.x`',1,,^ , '
:%C.:i�':.:F�,.'�':. ' . .
..G�E„;:.,:..,
�.
c
�� �l. � ,
f�j�';�1:, � .. . -
�'�'
{ ` . - ,- - --° - .- .._... ' b Y;
;' . '�:?,I'r'
. �
C. To fund this indemnity, in whole or in part, the Consultant
shall secure and maintain for the term of its contractual
, relationship with the County such insurance policies, from
companies licensed in the Stata 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 Consultant's ,
negligent 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: j'``'`.��' :
1) Statuto Worlanan's Com ensation: Colorado ��#t� <."
( L'Y P
statutorv minimums �'`'�
:%!;`::,>. '
(2) Commercial General Liability:
Bodily Injury/Property Damage
Combined Single Limit: S1,000.0ao r�,i - "
Endorsements (check as appropriate) : }
x Comprehensive Form ';�
I x Premises/Operations _
x Contractual '
(Hold Harmless Coverage] � '
� Underground, Explosion and �; ,,
Collapse Hazard
x Products/Completed operations �� .
x Independent Contractors/
Consultants and Subconsultants, if such
- � are used in the project
� x Personal Injury, with Employment
Exclusion Deleted
i
� (3) Comprehensive Motor Vehicle Liability Insurance: f
Bodily Injury/Property Damage `
Combined Single Limit: S1,00o.000 ;
, Endorsements (check as appropriate):
� x Any Auto
x All Owned Autos
:; x Hired Autos '
x Non-Owned Autos
Garage Liability
j
�
(4) Special Coverages (check as appropriatey: . �
� x Professional Errors and
Omissions Insurance (if and -'�<.
when the Consultant undertakes ��`.
the optional civil engineering-
related Scope of Work): �
- Combined Single Limit: 100� of the project " 1�
cost
� i
D. To provide evidence of the required insuranca coverages, 9ti `
. �:
a ��
- �',� ,'r�':�
�" ,F''•,.�
?t���;,r''-��{.
)))$$$��• k.. �
3 'A q+i
.4:C7..i: .
...._ " . ....._..... ....
�.� . . . ....:..... . _ .:. . .... . ..
e�
�� _.._.._...__....._,._....:.....,,_._.....:.. . ..... . . .. . ,- �_
.r� .. .. . . � .
�r-r�Y�' - ' .. . „. . �'i
: r�� . . � 'r_�'b .
.k��-,. . .. . .. -.
�.���'�;�t�_�^;) � �- - ..
`=�V���:�� . ` ' . .
���'�-e',': ' � .
-,.��..:,:?'"'.:. . .
'.,".?ss';'
..,
^k*zr',`�=:"
.:'id 4::`_._ . �o
;�n7. '� ' . • , � . .
.}Y,`i4'u� .
�'�'�:;:=F;;: � .
'_�:��5;�'�_
.y�ti�,'j.,.y=.,';.
•'�._.,' ,,?�'..;,: .
.i ''s_
f�i��� i
`�vz;:�.' �
'>�.�'T;`rr=2::.
�r .}i:. . . .
r,
r
..,.... _ "'"�......�--._.. ; . .
• . �'i'�11t�,L
4.�,t:'^A�_,�;.::;.�.
copies of Certificates of Insurance in a form acceptable to ^-M''-= `� '
the County shall be filed with the County (through the Airport
Manager) no later than ten (10) calendar days prior to com-
mencement 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
and grounds for rescission or termination. These Certifi-
cates of Insurance shall contain a provision that coverage
afforded under the policies will not be cancelled 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 �.;:-:.; .:
Airport Manager) . :•►�.•;:
`f.��::
Simultaneously with the Certificates, consultant shall file -:�'�:.'�
and maintain current a certified statement as to policy
limits, claims pending against required coverages, reserves
established on account oP such claims, defense costs expended -;'y;; .;
� and amounts remaining in policy limits. �.;;.
! E. In addition, these Certificates of Insurance shall contain � ��ly-. `:'�
' the followirig clauses: a� i
( � 1
(1) The Consultant�s underwriters and insurors waive right of e ;
recovery or subrogation against the Couhty of Pitkin, it
; being the intention of the parties that the insurance
� policies described in the Certificates shall be primary
_ ; coverage for any and all losses covered by the above- � '
' described insurance. To the extent that t2ie County�s
i insuror(s) may become liable for secondary or excess
coverage, the County's underwriters and insurors waive
right oP recovery or subrogation against the Consultant. •
i �
(2) The clause °other insurance provisions,�� in a policy in ��� '
which the County of Pitkin holds a Certificate, shall not �r
apply to the County of Pitkin. ��
�1.;
(3) The insurance companies issuinq the policy or policies
; hereunder shall have no recourse against the County of �
i Pitkin for payment of any premiume or for assessments
under any form of policy.
(4) 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 Consultant. �
_1
, i
, ;
� �'��
i 9 �
e :
! ' �:;::..�;e�'k,.i
5 � . i:t� .�..
. u.���•���t:`',.
�R.,_„r_.. ----..__. _.._ � �
., ..._. .......... — ' ---' .� . . . � 5Y ..
�V' . . , . ..�. r�.
r . ..
< <
� ' �
g'"'"a . ' ...x� ' . `r
..�{._:, � � Y . [;,
w�� �:� .-. . .
r`;..{,;'..:.�. . � .
.._�i3.`:.a;•.-ti•. , . . -�
j.yi,z-'.1� ` _.
.M�'
.��r'; . _ . ' . .
��t - ' '
L-:;�;. �.—:('�— ' � ' � .� . .
.iA:.� � �
��.'�'...F'�-e��.f•:=�� � � .
�'�"i.i�,4�~�t:�Y`''�.•f�i ' .
� �
' „�;>�,.::ti i; � -
1`F:i:4j.�- . , . . .
e'.�:f'.]�L.. .
. '.1i�^; . .
r-_
/- . �(.'
• ' :
,�..... .. . .. ....�.......-,.... ..� ....
. .._�.........-.�..... ......-..,.... . _ . . :
.. c..:..�.. .. ' . . �
�JT:''. .
, f t��;,i�.
�:,�;�:;.
• (5) Location of operations shall be: "all operations and
locations at which work for the referenced Project is
being done.'�
F. Certificates of Insurance for all renewal policies shall be
delivered to the Airport Manager at least fifteen (15) days
prior to a policy's expiration date except for any policy ,
expirinq on the expiration date of this Aqreement or there- ,
after.
8. EXEMPTIONS AND PREFERENCES �: .
�:�.,
A. All purchases of construction or buildinq materials for any ':�i:I� :;
Contract shall not include Federal Excise Taxes or Colorado •'% '
State or local sales or use taxes. Pitkin County is exempt
from such taxes under reqistration numbers 98-02624 and 84-
78000-5K.
. ii`:':����--�
, B. Pursuant to state statute and to the extent permitted by law, � _,
Colorado labor shall be employed to perform the work to the ' 1._ . '
extent of not less than ei ht �"'�•� `.�
g y percent (80�) of each type or � -.�.-
class of labor employed on such project; except for hiqhway �:�� ;
construction, which is subject to C.R.S. 43-2-206, which
provides that all laborers shall be bona fide residents of '
Colorado with a preference to residents of the County where
the work is performed.
C. Preference is given, to the extent permitted by law, to:
- materials, supplies and provisions produced, manufactured or
i grown in Colorado, quality beinq at least equal to materials,
: supplies and provisions from outside the state; aad to local
(Roarinq Fork Valley) services and labor of quality at least �'
equal to non-local services and labor. ��
9. RECORDS �`
�.7�
The Consultant shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating �
to this Project for a period of three (3) years after final
payment on the Project and the County shall have the right within
the three-year period to inspect and audit thase books, records
and documenta, upon demand, in a reasonable manner and at reason-
able times, for the purpose of determining, by accepted accounting
and auditing standards, compliance with all provisions of the
Contract and applicable law. .,��_.
,. :
10. ANNUAL APPROPRIATIONS ,
If the contract awarded as a rasult of a bid extends beyond the
calendar year, nothing herein shall be construed as an obligation
by the County beyond any amounts that may be, from time to time, �i
appropriated by the County on an annual basis. It is understood � i
l
l0
�� ir � �c
'r'•4x"'
. i i y:?�;_�,
. i� ���
.
-. `1�+2Z:C'."�.
�.
.
.
, y�
.
_ . _
,., _.... _. _ .., f
..; _ _ .. _ .
,':';. _ '.L
_�ti' .. , , �
�j ,� - _ [:
�: '��� � , -
�r:��: - .
:�t;f:'<<�� . '
.wi�i-_F;: , � .
;,`^'�'••���,`-.�,.�_�,"�"' . .
�'$, �.`' � ' .
4 •
..:�`:"�.,?..,_..' . . ��
.,.'.. , , , , .
? - I '
�ti...,��" ' .
i� �
h�
_v._;';
. ,�:,,Jr_.�,�; .
:
,
.
1 � .. - �----.. .. _._... ... _ . . .. ._ k7 t r.
,� ;^^a,,:
� • -. -
� that payment under any contract is conditional upon annual appro-
priation of funds by said governing body and that before providing
services, the Consultant, if he so requests, will be advised as to
the status of funds appropriated for services or materials and
shall not be obligated to provide services or materials for which
funds have not been appropriated. '
11. SUCCESSORS AND ASSIGNS
This Agreement and all of the covenants hereof shall inure to the
;:;:�...
benefit of and be binding upon the County and the Consultant �-_:,
respectively and their aqents, representatives, employees, succes- �` •
sors, assigns and legal representatives. Neither the County nor ;,�� :�
the Consultant shall have the right to assign or transfer its
interest or obligations hereunder without the written consent of
` the other party, which consent shall not be unreasonably withheld.
I
' 12. THIRD PARTIES
; �.;:: ; .
f This Aqreement does not and shall not be deemed or construed to ��� ` '-��
! confer upon or grant to any third party or parties, exce t to
P ,t��.`;:-•:
iparties to whom Consultant or County may assign this Agreement in ':
� accordance with the specific written permission, any rights to k. �'
� claim damages or to bring any suit, action or other proceeding
against either the County or Consultant because of any breach
hereof or because of any of tha terms, covenants, agreements or
conditions herein contained.
- � 13. AGREEMENT MADE IN C07ARAD0
i
� The parties agree that this Agreement was made in accordance with
� the laws of the SCate of Colorado and shall be so construed.
� Venue is agreed to be exclusively in the courts of Pitkin County, ��
� Colorado.
j 14. ATTORNEY'S FEES ��
� In the event that legal action is necessary to enforce any of the
� provisions of this Agreement, the prevailing party shall be �
i entitled to its costs and reasonable attorney's fees.
15. NOTICES
i �
� Unless otherwise provided in tha Contract Documents, all notices
under the Agreement shall be sent certified mail, return receipt ' -
requested, and shall be effective upon receipt or three (3) �;,"+F
business days after mailinq, whichever is first.
- ' `�,
� 1:
1
tw12.274 • Q;.
. ;;:���-
11 _
. „.
ir.
v� j��
��;..
. �j�. C:' '_
. . 'e �I''.',�J��
F:: � '`�lii':"'"i.
— _�• .. ___....__�..._ .. . . . - - �
��
..
....... . :... .. . _ ... , �..
:�y;:] ... . _ . . ,.. . .. . . .. ._ . --� -
F..`� - . � ' .. _ .. . .
:t�.: � r
• ,P `.`.
;�i �. . � .�.... -
�
o:�� �;
�,. � _ .
°'�.:.,�'?:� � ` . '
_,uis�'';v'... .
,�-
�A .y i
} .
���~rf.::�.'': . .
.r:�L•*'.,._"'- . . ,
C J :p_. . n
-^�:5.-;' , , �
.,5,./°:f,"f,c' . � .
'-�.'-.`�'!.:'` .
.!,`�L`�:(�*�'�;;,
�'`1' �
��rr'".,y
rF:Xv ,
.,j�'i;�e.<;
�s '-;'
_; ..
��- x,
._ _ ..,-------.. .. _......... ..__ .. . -- .--...._... � � . . _
. ���,�:>....
' . �;';�l•`
. �'�a:
�:: �i:.'
. PITKIN COUNTY_PLANNING AND DESIGN CONSULTANT CONTRACT �
(FAA REOUIRED CLAUSES)
For the Project Entitled: 1988 Airport Pavemeht-based Capacity
Enhancement Project
Date af Proposal Opening: September 22, 1987
The Consultant shall be subject to the following provisions: ._�':'.:
a ;_.
, 1. Consultant shall comply with Executive Order 11246, entitled ���-�='
"Equal Employment Opportunity,�� as amended by Executive Order ��'
11375, and as supplemented in Departanent of Labor Regulations
(41 CFR Part 60).
2. The County, the Federal grantor agency, the Comptroller "'��'' ..
;' General of the iJnited States, or any of their duly authorized � ��
} representatives, shall have access to ahy books, documents, � `
papers, and records of the consultant which are directly � 1
pertinent to that specific contract, for the purpose of �:' � '
making audit, examination, excerpts, and transcriptions.
Consultant is required to maintairi and shall require sub- �
consultants to mait�tain aIl required records for three years
after grantees maka final payments and/or all other pending
- matters are closed.
� 3. puring the performance of this contract, the Consultant, for
itself, its assignees and successors in interest (hereinafter ,�
referred to as the "Consultant") agrees as follows: I.
.�
a. Compliance with Recrulations. The Consultant shall comply �`.
with the regulations relative to non-discrimination in F,
Federally assisted programs of the Department of Trans- f��
portation (hereinafter, "DOT") Title 49, Code of Federal �
Requlations, 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. ,
b. Nondiscrimination. The Consultant, with regard to the
work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national -�'-:_
origin in the selection and retention of subconsultants, �;;•
including the procurements of materials and leases of
equipment. The consultant shall not participate either
directly .or indirectly in the discrimination prohibited ��,
by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in ��
1 � 1 ,' :
. �`., _��`
�:. ;.^�
�
:�` • `
. ; _._. , _ _. _
� � ; ..
,
�;" � t ..��
�z.:: . _ :I.�,�
� _ �
.�:� - :.-� - �`
,��. .,�:«;.,� .
�:�� ,�,•r -- -.
��-_4t1:�� ` . .-.
�4µp'=LL_`}...'��- i . .
').�:.;
K'} • � . . -• .
(
::�'_' .
!t:�:.�,' .
9.-5.:
f -�
t�} .'
3F'�,.:�'.)T '� . • .
. .�.t;, .
�.T�':.-„ .
' ;t�_.j�._d.-.. .
, ,
. _: ..
.
,-
I � ..__ ..- -._. . . �iy,, �,�
. _�,`:,
Appendix B of the Regulations.
c. Solicitations and Subconsultant Contracts. Includina
Procurements of Materials and Eauinment. In all solici-
tations either by competitive bidding or negotiation made
by the consultant for work to be performed under a �
subconsultant contract, including procurements of .
materials or leases of equipment, each potential sub- .
consultant or supplier shall be notified by the consul-
tant of the subconsultant's obligation under this
contract and the Regulations relative to nondiscrimina- ' ° -
tion on the grounds of race, color, or national origin. `j`.��3
;"i�:
d. Information and Reports. The consultant shall provide '. ::'
all information and reports required by the Regulations !;'I-'`•
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) �:r"=�
to be pertinent to ascertain compliance with such � '- :�
Regulations, orders, and instructions. Where any ;'y�';``��'.
information required of a consultant is the exclusive
possession of another who fails or refuses to furnish �
this information, the consultant shall so certify to the
� sponaor or the FAA, as appropriate, and shall set forth
what efforts it has made to obtain the information.
� e. Sanctions for Noncomnliance. In the event of the
- consultant's noncompliance with the nondiscrimination
provisions of this contract, the sponsor shall impose
such contract sanctions as it or the FAA may determine to �
ibe appropriate, includinq, but not limited to -- �
, :C
(1) withholding of payments to the consultant under the `
' contract until the consultant complies, and/or
r.l..
(2) cancellation, termination, or suspension of the
contract, in whole or in part.
f. Incornoration of Provisions. The consultant shall
include the provisions of paragraphs 3.a-c in every
subconsultant contract, including procurements of
i materials and leases oP equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The
consultant shall �take such action with respect to any ,
subcontract or procurement as the sponsor or the FAA may
direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in
the event a consultant becomes inyolved in, or is ,
threatened with, litigation with a subconsultant or '
supplier as a result of such direction, the consultant K� ,
may request the sponsor to enter into such litigation to �,
• �l�-.;.<:
z -
- � 1.....'
,;y;::'"�;-
' �v �;
Y� � ;,�,
, _ __ _
- ---___. . .,_ _ . _
� , _ . - - �
.i�4. ' ' „ _ .
ii. . .� '. �4....
f'4'.r',��:c-:�l .. _ .
-�ii�Y� :;r_ . .
� , �
~�.S-".
�t: __
.�L���''-�'-`'.. . u '
'.K;.t���1 _ '1'
-�^t• �- ' , .
:T:...,'
'_4�'s:'�.. - ,
'Ci',
.L 4�.
i}�'�t'.S. �+' � .
s;f;�,:'JSl;; .
`'-??�:
.�~�"3'F"-� .
=...:r.;•,"
i�;�.. - . __ . ._..... . ._. .. .._-_ . ... - . _ _ _ �_._ ._-- +,:
j liba-j;'r,.
. A,�..,.
' j>'- ,._ .
protect the interests of the sponsor and, in addition,
the consultant may request the United States to enter
into such litigation to protect the interests of the
United States.
4. The consultant agrees to ensure that minority business enter- .
prises as defined in 49 CFR Part 23 have the maximum oppor- ,
tunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard, all consul- �:�
tants shall take all necessary aad reasonable steps in `r��%
accordance with 49 CFR Part 23 to ensure that minority :�?f;-:;:
business enterprises have the maximum opportunity to compete i,'•;�;. :`.
for and perform contracts. Consultants shall not discri-
minate on the basis of race, color, national or'igin, or sex
in the award and performance of DOT-assisted contracts. �;
I 5. General Federal Requirements. Consultant will comply with �'.;.'=.':.'
� all applicable Federal laws, regulations, executive orders,
� policies, guidelines and requirements as they relate to the
� application, acceptance and use of Federal funds for this '�
project including but not limited to the following: �
J Federal Legislation
i
} a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et sea.
� b. Davis-Hacon Act - 40 U.S.C. 276(a), et sea•
- � c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201,
� et secr•
� , d. Hatch Act - 5 U.S.C. 1501, et sea• �
e. Uniform Relocation Assistance and Real Property Acquisi-
tion Policies Act of 1970 - 42 U.S.C. 4601, et set!- '�
..;.
f. National Historic Preservation Act of 1966 - Section 106 `
- 16 U.S.C. 470(f) ;.
g. Archeological and Historic Preservation Act of 1974 - 16
U.S.C. 469 through 469C
h. Flood Disaster Protection Act of 1973 - Section 102(a)-
42 U.S.C. 4012a
i. Rehabilitation Act of 1973 - 29 U.S.C. 794
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d
through d-4
i k. Aviation Safety and Noise Abatement Act of 1979, 49
U.S.C. 2101, et sea•
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea• .;:�„
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et �
�.J n
r'Jecr• ,
n. Airport and Airway Improvement Act oP 1982 - 49 U.S.C.
- 2201, et se .
o. Powerplant and Industrial Fuei Use Act of 1978 - Section �
403 - 42 U.S.C. 8373 �y '
p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 1r �
' 327, et sea- � � ".
3 � �':
�-.�.
, .
y:'4:��,�'���:
.,SV.}.„'��.�. .
�..'`r�','�:•,
IC �.Y'u
.
. �
�.
I{�
. .. . . . . .. . ... ... . ... .. ... . �
. '
..... .... .._. ... ..._. .. � . , 1
���
..__.__...__.._ .............. .. . ... . .. . . . . :
_1 y,� .. .... �. . �.�.
�..r 1 .t�' � ' .ida'j� ' .
�-,«���'. ' � ,. � ..
;Y.�_ti= �. . .
..���'.�ti;�.,r� ` !
:f��Y=*;..
:i.#��,. , .
}y,:;
;h��a?„�` . � � .
.�i'''„'`�`•" ' r
c k"��' - � , .
,.�^ �
�i±�'c'-7'rii•',: � .
'7�: -
'[�ti':•'r�"-,:.1�. '
�� � ,
ri;3 1 $��� .
: G �
r L
_�.i;•y..,'� � �
{.4.?'-�
�� - �. �
i�. _-
- -----....-,_- .. _....... ,__. _.
. ...�....._... .
��;v.,,
• �ih?:�',.,?.:
. . .��,;:
� q. Copeland Antikickback Act - 18 U.S.C. 874
r. National Environmental Policy Act of 1969 - 42 U.S.c.
4321, et sea•
s, Endangered Species Act of 1973 - 16 U.S.C, 668(a), et
se .
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea. .
Executive Orders
_:.;r?
Executive Order 12372, Intergovernmental Review of
Federal Programs '.�:.;;�; .
r:
Federal Regulations ''i!;'.:
�:�._
i �'::;,.'_
a. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation - Effectua-
j tion of Title VI of the Civil Rights Act of 1964
b. 49 CFR Part 23 - Participation by Minority Business
� Enterprise in Department of Transportation Programs ._�;,�:� ;
� c. 49 CFR Part 25 - Uniform Relocation and Real Property
; Acquisition for Federa2 and Federally-Assisted Programs
� d. 29 CFR Part 1 - Procedures for Predetermination of Wage ��,��... .
Rates .
e. 29 CFR Part 3 - Contractors or Subcontractors on Public
Buildings or Public Works Financed in Whole or Part by
Z,oans or Grants from U.S.
f. 29 CFR Part 5 - Labor Standards Provisions Applicable to
_ � Contracts Covering Federally Financed and Assisted
Construction
' g. 49 CFR Part 27 - Non-Discrimination on the Basis of
Handicap 3n Programs and Activities Receivinq or Benefit- �
ing from Federal Financial Assistance
h. 42 CFR Part 60 - Office of Federal Contract Compliance _�
Programs, Equal Employment Opportunity, Department of �
Labor (Federal and Federally-Assisted Contracting
Requirements)
i. 14 CFR Part 150 - Airport Noise Compatibility Planning
j. Reserved
Office of Management and Budget Circulars
�i a. A-87 - Cost Principles Applicable to Grants and Contracts
�� with State and Local Governments
� b. A-102 - Uniform Requirements for Assistance to State and
� Local Governments � �.
, c. A-128 - Audits of State and Local Governments
tw12.273 ��
' ��a�:
f ,-:
' 4 �..
�.'.
_ _;�-;'•
� �r,
� Yt, :
_ _ ._ __.
; �.��.�^�-�
. ---__.... _ __.. .. .__
�'`�r'.
� �.w i�= . .
a
;:�4 - - G,:
� �_�,
� �� .
�z� ���..:;r - -.
..-4'��jtiti-�.s' a. ` . . .,
'n.L'4,'.�'.
..,e�.,Y«' -
•'�••�(:'i*'_'-�+,:�.
':�y�f::.�::��: ' .
�'y�i�"Y,,:-.:: � _ �� .
�.�.,,`-" ' � .
:.,�,�.:C'.:};"t,`•� • .
.y:r,:
y
'£. ,�.•,:), .
,�}41i'y` � � . '
;�y .
. f��,:z�,� . '
:r: