HomeMy WebLinkAboutbocc.con.amended.076.2008BB J`�
Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 076-2008BB
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ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Brian Grefe PHONE#: 42928523
PROJECT NAME: Right of way easements CONTRACTOR: Jviation
DOLLAR AMOUNT: $24,444.00 LINE ITEM# 404.69.94799.82000
CONTRACT EXECUTION DATE: 3/12/2013 CONTRACT END DATE:
AUTOMATIC RENEWAL: ❑YES �NO TERM:
❑ 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: � ��,� /��
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� Services/Maintenance ❑ Employment
❑License/iJse ❑ 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 eaLhibits 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 E�ibits Attached
✓ �Page numbered consecutively ✓0 All Legal Descriptions attached(if applicable)
✓ �All Original Signatures Affixed ✓[]Notice of AwardlNotice to Proceed Attached(fapplicabl�
✓ �All Dates Filled In ✓0 Warranty(if applicable)
✓ � Special Instructions for Finance Department: This may require a budget supplimental
✓ �Authorized Procurement Officer's Name: Brian Grefe
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
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
....,.._' �� . . . NYM9M�IfiA1� s. ._....
Contract#076-2008BB Rev. 8.31.11 jaa/js
Budget Line Item#404.69.94799.82000
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CHANGE ORDER/CONTRACT AMENDMENT
Change Order Number: 28
OWNER: Pitkin County
Aspen, Colorado 81611
CONTRACTOR:
The Agreement (the "Agreement") dated May l, 2008 between the Board of County Commissioners of
Pitkin County(the"County") and Jviation. (the"Contractor"), is hereby amended as follows:
Description of Chan�
This contract covers easement alignments and right of way coordination.
Reason for Chan�e
The base contract is a retainer and has no specific funds or projects tied to it.
Original Contract Price $ 0
Net Increase/Decrease in Contract Price(this change order) $24,444.00
*Total Adjusted Contract Price(including this change order) $24,444.00
This change order extends the time to complete work by until complete.
In all other respects the Agreement is in full force and effect and remains unchanged by this
Amendment.
(Attached)
Contractor
l�y�- ;-�' ,.__- -
-- 3/12/13_
Procureme` icer
*Increases over$25,000 and/or 10% (single increase or accumulative) of original contract must have
County Manager signature.
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������ Jviation PRO7ECT NO.ASE LOC 13-03
Pitkin County Contract No.076-2008BB
Ledger No.404.69.94799.82000
AMENDMENT NO.TWENTY EIGHT(28)TO CONTRACT
DATED MAY l,2008
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 scope of work is intended to study the existing and future conditions of the airport
and review proposed easement alignments. These efforts are being conducted to ensure
that any requested easement and its function will benefit the future improvements and
overall needs of the Airport and the surrounding communities.
The principal engineering role in this effort will be to attend coordination meetings, in
addition to reviews of proposed alignments and easements. Attendance of coordination
meetings, confirming the proposed easement alignments in relation to Airport property
lines and existing easements, and ensuring compatibility with future improvements are all
part of the proposed work. Coordination for final survey of easements will also be
required.
The Sponsor agrees to pay the Engineer for the services in the following manner:
PART A-BASIC SERVICES
DESIGN
Airport Right-of-Way Easement and Support Services................Lump sum of$13,944.00
Kaplan,Kirsch, and Rockwell........................................................Lump sum of$7,500.00
Sopris Engineering..........................................................................Lump sum of$3,000.00
TOTAL BASIC SERVICES..........................................................Lump sum of$24,444.00
Method of payment shall be as follows:
Interim payments based on work performed by the Engineer and detailed in a report
submitted to the Sponsor with the request for payment. A retainer of ten percent of the total
contract amount to be paid upon Notice to Proceed for construction, or, in the event the
Sponsor does not elect to proceed with construction,the remaining ten percent to be paid
upon receipt of request for payment from the Engineer.
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PART B-SPECIAL SERVICES(SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC
SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMIlVISTRATION AND FIELD
ENGINEERING)
The maximum estimated SPECIAL SERVICES engineering is as follows:
None.
TOTAL..........................................................................................Lump sum of$24,444.00
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 sha11 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 Regnlations relative to nondiscrimination
on the grounds of race, color, or national origin.
• Information and Reports. The Engineer shall provide a11 information and reports required
by the Regulations or directives issued pursuant thereto and sha11 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
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of an 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
I50/5100-15, 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
compietion of the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
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III.
DISADVANTAGED BUSINESS ENTERPRISES
Reference: 49 CFR Part 26
• Contract Assurance(§26.13)-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(§26.29)-The prime Engineer agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contxact no later than Fifteen (IS) 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. ,
• Tf 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 sha11 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 representative's 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
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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 I8.36
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 �liis 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 subcontxact 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.
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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
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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 SI00.38
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 unabie 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
/�'�_��c l� 2013.
SPONSOR:
PITKIN COUNTY
COLORADO
By:
Jim Elwoo
Director of Aviation
ENGINEER:
JVIATION, INC.
By:
. . ngra
rincipa
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Aspen-Pitkin County Airport Pitkin County Contract 07G-2008AA
Airport Right-of Way Easement and Support Se,rvices Ledger Number 404.69.94799.82000
ASE LOC-13-03 February 14,2013
SCOPE OF WORK
FOR
ASPEN-PITKIN COUNTY AIRPORT
Aspen,Colorado
Airport Right-Of-Wap Easement and Support Services
ASE LOG13-03
This project will consist of coordination, review, and assistance of various consultants with their efforts in
evaluating and confixming the Airport pYOpertp and supporting the addition of any easement requests on
Airport pYOperty, as requested, for future development at the Airport. Included are efforts for coordination
meetings and review of proposed alignments and easements.
DESCRIPTION:
SCOPE OF WORK:
This scope of work is intended to study the e�usting and future conditions of the airport and xeview proposed
easement alignments. These effoYts are being conducted to ensure that any requested easement and its
function will benefit the future improvements and overall needs of the Airport and the surrounding
communities.
The principal engineering role in this effort will be to attend coordination meetings,in addition to reviews of
proposed alignments and easements. Attendance of coordination meetings,confirmuig the proposed
easement alignments in relation to Airport property lines and existing easements,and ensuring compatibility
with future impYOVements are all part of the proposed work. Coordination for final survey of easements will
also be required.
10 A�r�ort Ritrht-of-Wav Easement and Su��ort Services
1.1 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work
through review and meetings with the Sponsor and design team for the underpass. This also includes
drafting the contract£or the work to be completed by the Engineer for the Sponsor.
1.2 Coordination meetings. Coordinarion meetings will be held at locations determined by the pYOject
design team to discuss progress and status of ongoing design as well as to identify action items required to
keep the project moving forwaxd. It is anticipated that there will be various meetings attended by at least two
(2)individuals from Jviation beginning in early 2013. It is expected that these meetings will be held in Aspen,
CO. The Principal Engineer and Deputy Project Manager will be expected to attend these meetings.
1.3 Review proposed alignments. This task will include the review of proposed alignments foY the
easements associated with woYk performed at the Airport that may xequixe an easement on Airpoxt property.
It is anticipated that the Deputy Project Manager or approved designated representatives will review the
proposed alignments. In addition, it is expected the Principal Engineer will perform a secondary review of
the easements.
1.4 Coordinate and distribute inforxnarion for easement work. This task will include the cooxdination
efforts as well as information distribution for the pYOposed easement work. Specifically, the Engineer will
coordinate with the surveyor and provide information as requested for use in construction d�awings.
1.5 Review completed easements. This task will include the review of the final easements in place for the
p�oposed work. Review wi]1 be peYformed by the Engineer and designated subcontractor to confi�m the
Jviation,Inc. 1 of 2 Pitkin Counry Contract 076-2008AA
ASE LOC-13-03 Ledger Number 404.69.94799.82000
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Aspen-Pitldn County Airport Pitkin County Contract 076-2008AA
Airport Right-of Way Easement and Support Services Ledger Number 404.69.94799.82000
ASE LOC-13-03 February 14,2013
proposed easement alignments in relation to the Airport property lines and e�sting easements and to ensure
compatibility with future improvements.
S�ecial Services
Survey—Sopris Engineering will perform survey verification for the proposed easement alignments and will
provide the meets and bounds for such easements.
Secondary Review and FAA Coordination—Kaplan Kirsch & Rockwell will perform a secondary review
of the proposed easement ali�,mments in regards to Airport property lines and existing easements. If the
proposed easement alignments are located within Airport property lines, all required coordination with the
FAA will be pexformed to deterinine any terms of conditions.
Jviation,Inc. 2 of 2 Pitkin County Contract 076-2008AA /�
ASE LOC-13-03 Ledger Number 404.69.94799,82000 ,
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