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HomeMy WebLinkAboutbocc.con.020.2002 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERKS OFFICE FOR SCANNING/ARCHIVING Originating Department/Division: A'jaj./G Llitzk:s Contact Person: �r1r� L y"R�' �loc/tlJY' C�IGtf/eE4 Phone #: Jzo .53'-)P CONTRAC►,f 026-2 0'Aw Check Contract Type: Services _Maintenance STAFF AUTHORIZED _License/Use SIGNATURE _Lease _Construction ✓ _Purchase _Employment _Intergovernmental Agreement(Requires BOCC Action) _Grant Agreements (Requires BOCC Action) Other Signatures Required: Under 25K—Department Head 25-50K—Department Head(if appropriate), Section Leader Over 50 K—Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): /116ji#tJ Contract Start Date: /0 36, -o/ Contract End Date: 3-/—0 2 G.O. GxrC-/ iC, t r >> / U 2 Automatic Renewal (Y/N): All Contracts should be proofed for the following: • No Pages Missing • If a Page is Left Intentionally Blank—Note on Page • Consecutive Page No's • All Signatures Affixed • All Dates Filled In • All Other Blanks Filled In • All Exhibits Attached • All Legal Descriptions Attached (if appropriate) • Notice of Award/Proceed Attached (if appropriate) Sent to Clerk d Recorder for Scanning/Archiving Date: C ,� 41 uthorized S ff Person I Signature o authorized staff person indicate that document has been proofed and ready for scanning. (Clerk's Office will keep original documents in compliance with State Archives retainage schedule) STAFF AUTHORIZED CONTRAC i* D - 00.;2- SI ATURE NOTICE TO PROCEED DATE: 10/30/01 FROM: Pitkin County 76 Service Center Road Aspen CO 81611 TO: PBS&J 5500 Greenwood Plaza Boulevard, Suite 150 Greenwood Village, CO 80111 You are hereby authorized to proceed on 10/30/01 or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: Proposal for the SH 82 and Baltic Intersection Study and Conceptual Design Selection for the sum of Forty thousand and three hundred and eighty-eight and xx/00($43,888.00). Byj O p/ By: B yl W. E Wountygi ee County Attorney NOTICE OF AWARD Date:10/30/01 TO: PBS&J 5500 Greenwood Plaza Boulevard, Suite 150 Greenwood Village, CO 80111 The Owner, having duly considered the Proposal submitted on10/17/O1 , for the work covered by the Contract Document titled Proposal for the SH 82 and Baltic Intersection Study and Conceptual Design Selection in the amount of $ 43,888.00, and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents,you are required to execute the Agreement and requirements of the Required Clauses in three copies within ten (10) consecutive days from and including the date of this Notice of Award. In addition you are required to furnish and the said time Certificate of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Risk Management, 530 E Main, 2"d Floor, Aspen CO 81611 or faxed to 970-920-5049.. PPIT/KIINN COUNTY � w "Beryl W Iar, C my ngineer ................ACCEPTANCE OF NOTICE................. Receipt of the above Notice of Award ' ereby acknowledged By / thiOL�day of [G/ !2001. Title 012�6ae /n �0' q"Z 3 AoarYCOPY t�i J.J. c'GiRki��LcalpE2 MEMORANDUM TO: N-40 Access Study FROM: B.W.Eylar RE: Under $50,000 project selection form Professional Services DATE: Description of Project: Provide Traffic Engineering services to review, previous traffic studies, review alternatives and previous decisions regarding traffic access, review citizen alternatives and to evaluate all reasonable alternatives, collect required additional data and to make recommendations to Board of County Commissioners for final decision on access. Budget: $45,000 Consultants Contacted: PBSJ Phone and a-Mail Proposals Received: PBSJ: $43,888 Firms chosen: PBSJ Depar en t Fi ad / "Mead B.W. Eylar, Count Engineer Brian Pettet, Director of Public Works y O�J. 29. 2001 3: 02PM PITKIN COUNTY PUBLIC WORKS N0. 9442 P. 2 AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES THIS AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES (the "Agreement") is made and entered by and between Pitkin County, Board of County Commissioners ("Pitkin County") and PBS&J, 5500 Greenwood Plaza Boulevard, Suite 150, Greenwood Village Cc 80111 (hereinafter "Consultant") 1. Purgese. The purpose of this Agreement is to Provide technical consulting engineering services for the review of traffic studies and proposals for access alternatives on SH 82 in the vicinity of North Forty, the AABC and the Aspen/Pitkin County Airport. 2. Term. The term of this Agreement is from October 30, 2001 to March 1, 2002. At the expiration of the initial term, the Agreement may be extended for an additional term of up to (NA) by the express written consent of both parties. 3, bligilitions. Consultant shall See Consultant (PBSJ) revised proposal 10/17/01 attached 4. Compensation and Ex enses Invoicino-ond payment. The County shall pay the Consultant for performance of services hereunder. Payment of invoices submitted by Consultant hereunder is contingent upon completion of each task to the satisfaction of the County. Invoices shall itemize specific work done to complete the task, and include receipts for all reimbursable items. Within thirty (30) days of receipt of an invoice and approval thereof as required hereunder, payment shall be made by the County. Reimbursable expenses are listed in the revised PBSJ proposal dated 10/17/01 and may be billed on a monthly basis and will be paid within thirty (30) days of receipt of the invoice with o top-set of $43,898,00. In no event shall the total charges for services and reimbursements exceed $43,888.00]. In the event the Consultant incurs time and expenses above said amount, no comprhsation for said additional time and expenses shall be required to be paid by the County without written authorization by the County. 5. Comfy's Excl ive Ownership of Wore Product, All work produced pursuant to this Agreement becomes the property of Pitkin County. 6. i CORAlis 9biloations. Pitkin County shall administer this Agreement through a County Representative. Bud Eylar, County Engineer will manage the project as the County's Representative. In the event that Bud Eyler is not available, Temple Glassier shall assume the County Representative's duties. The services provided and products delivered by the Consultant under this Agreement will be subject to review by the County's Representatives, or a designee, for compliance herewith. The review comments of the County's Representative may be reported in writing as needed to the Consultant. To prevent an unreasonable delay in the Consultant's work, the County's Representative will endeavor to examine all deliverable products and other documents and will accept some and authorize payment or will specify necessary changes within ten (10) working days of receipt of such documents, 7. Cancellation. In addition to the right of termination referenced in Exhibit B hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Consultant's obligations as determined by Pitkin County in its sole discretion, upon written notice to Consultant as provided in Paragraph i l herein. OCT. 29. 2001 3 : 03PM PITKIN COUNTY PUBLIC WORKS NO. 9442 P. 3 8. R ui ed CI us Pitkin Countys Required Clauses, including provisions for insurance and indemnification,are attached hereto as Exhibit B and incorporated by this reference. 9. Weoendent Consultant Status a. The parties to this Agreement intend that the relationship between them contemplated by the Agreement is that of independent Consultant. Consultant, and any agent, employee, or servant of Consultant shall not be deemed to be an employee,agent, or servant of Pitkin County. b. Consultant is not required to offer his services exclusively to Pitkin County under this Agreement. Consultant may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services and deliverable products required under this Agreement are submitted in the manner and on the schedule defined under this Agreement. C. Consultant warrants that all work produced will conform to all applicable industry standard of care,skill and diligence in the performance of Consultant's obligations under this Agreement. d. Consultant shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Agreement. a. Consultant is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 10. Assi no Ili . This Agreement is not assignable by either party. 11. Notice, Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: a. To Pitkin County Bud Eylar, County Engineer 76 Service Center Road Aspen, CO 81611 Phone: (970) 920-5206 Fax: (970) 920-5374 with copies to: Pitkin County Attorney's Office 530 E, Main Street,#302 Aspen, Colorado 81611 Fax: (970) 920-5198 OCR, 29. 2001 3: 03PM PITKIN COUNTY PUBLIC WORKS N0, 9442 P. 4 b. To Consultant. PBSdJ 5500 Greenwood Plaza Boulevard, Suite 150 Greenwood Village, CO 60111 Phone: (303)221-7275 Fax; (303) 221-7276 12. - MoM icat'an. This Agreement may only be modified by written agreement of both parties hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement Code and the Required Clauses attached hereto as Exhibit B. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. CONSULTANT; APPROVED AS TO FORM: By: (401,4 � 1 a a I I 1,t nf I Title 03 0 Risk Managerne-r t Date ate PITKIN COUNTY: APPROVED AS TO FORM: Beryl tEylar, tin County Attorney Date Brian Pettet, Director of Public WoAs OCT. 29. 2001 3 : 03PM PITKIN COUNTY PUBLIC WORKS NO. 9442 P. 5 EXHIBIT A See PSSAJ revised Scope of Work doted: 10/17/01 Attached ENGINEERING • PLANNING PBS16 CONSTRUCTION SERVICES SURVEYING October 18, 2001 Mr. Bud Eylar County Engineer Pitkin County Engineering Department 76 Service Center Road Aspen, Colorado 81611 RE: REVISED Proposal for the State Highway 82 and Baltic Avenue Intersection Study and Conceptual Design Selection Based on our telephone conversation on October 2, I have revised the proposal to provide traffic engineering services to study the intersection of State Highway 82 and Baltic Avenue. An additional follow-up public meeting was added to the proposal based on your suggestion. Also, based on my new understanding of which meetings will be public meetings and which will be staff level meetings, additional time has been budgeted for preparation of display materials and to prepare to address the many comments anticipated from the public and other interested parties. The attached Work Scope and Fee Estimate account for the additional time PBS&J expects to spend preparing for and attending the public meetings. PBS&J will also need to review the standard Pitkin County agreement you referred to in our October 2 telephone conversation. Once PBS&J's legal department reviews the agreement, and I receive any additional comments from you, I will prepare a formal Work Scope and Fee Estimate for attachment to a contract. Please call me at (303) 221-7275 if you have any questions or need any further information. Very truly yours, M ' 4�J4 Scott D. Barnhart, P.E., Senior Project Manager 1 5500 Greenwood Plaza Blvd. • Suite 150 • Greenwood Village,Colorado 80111 •Telephone 303/221-7275 • Fax 303/221-7276 A6nJ ENGINEERING• PLANNING CONSTRUCTION SERVICES PBS? SURVEYING PITHIN COUNTY ENGINEERING DEPARTMENT STATE HIGHWAY 82 AND BALTIC AVENUE: INTERSECTION STUDY AND CONCEPTUAL DESIGN SELECTION REVISED OCTOBER 17, 2001 Introduction The Pitkin County Engineering Department has identified a need to improve traffic operations at the intersection of State Highway 82 and Baltic Avenue. The development of the North Forty housing project has increased traffic volumes at the intersection causing queuing problems due to the geometry of the existing intersection and the relatively short queuing space between State Highway 82 and the frontage road. The County has asked the developer of the North Forty project to construct a new intersection approximately 500-feet north of the existing intersection of State Highway 82 and Baltic Avenue. The County would then relocate the main access to Aspen Airport to align with this newly created intersection and close the median opening at the Baltic Avenue intersection allowing only right-in/right-out access. Homeowners in the North Forty development do not want the intersection relocated to re-route traffic closer to the residential neighborhoods. Business owners who enjoy the existing access to State Highway 82 at Baltic Avenue, do not want to see the Baltic Avenue intersection converted to right-in/right-out access. Several alternative intersection design concepts have been presented. The County has requested that PBS&J assist them in selecting the best design concept and to possibly develop an additional design. The following is the proposed scope of services to accomplish the required work. Scope of Services Task 1: Background Research. Review Previous Traffic Studies: Pitkin County has identified three (3) existing traffic studies covering the project area that should be reviewed. PBS&J will receive copies of the three (3) identified traffic studies and review them. Data Collection: The following data is required to properly analyze the traffic conditions in the project area: • Weekday AM (6 — 8) and PM (4 — 6) peak period turning movement counts; • Existing roadway geometry, including lane configuration and shoulder widths; • 24-hour traffic volume counts along State Highway 82 as well as Baltic Avenue and the airport access. 10 5500 Greenwood Plaza Blvd. • Suite 150 • Greenwood Village,Colorado 80111 •Telephone 303/221-7275 • Fax 303/221-7276 Proposed Scope of Services October 17, 2001 SH 82 &Baltic Avenue: Intersection Study and Conceptual Design Selection PBS&J is currently performing a traffic signal timing optimization project along State Highway 82 for CDOT through the project area. PBS&J will utilize the existing traffic count data from the CDOT project and supplement it with any additional traffic count data that the County can provide. If any additional traffic counts are needed, they will be billed on a time and materials basis upon approval of the County. Task 2: Traffic Forecasts. Trip Generation/Trip Distribution: PBS&J will determine the traffic generation characteristics of the existing and future land uses in the study area based on the existing traffic studies in the study area and in consultation with County staff. PBS&J will also distribute the traffic generated by the existing and future land uses on the roadway network based on existing traffic patterns and in consultation with County staff. The trip generation and distribution developed in this task will be used for the analysis of the conceptual design alternatives in Task 4. Task 3: Meetings. Kick-off Meeting: PBS&J will meet with key Pitkin County staff to discuss the requirements of this project in detail. This initial meeting will assist in determining the extent/adequacy of existing data and allow the County to present the design concepts it has received. Design Concepts Presentation Public Meeting: PBS&J will attend a public meeting at which several conceptual design alternatives will be presented. At this meeting, PBS&J will present the traffic volume forecasts developed in Task 2 and will also be available to discuss potential flaws associated with the design concepts presented. It is assumed for budgeting purposes that this meeting will be in November and that an overnight stay will be required of PBS&J staff to attend this meeting. Progress Report/Preliminary Findings Meeting: PBS&J will meet with County staff to present preliminary findings and to develop a list of performance measures for each design alternative. At this meeting, PBS&J will also discuss with County staff whether any additional design concepts should be developed. Recommendation Public Meeting: PBS&J will present its recommendations at a public meeting based on the results of Tasks 4, 5 and 6. This meeting as also assumed to involve an overnight stay for PBS&J staff. Follow-up Public Meeting: PBS&J will attend one additional public meeting with any revised recommendations based on the public input received at the Recommendation Meeting. This meeting will involve an overnight stay for PBS&J staff. Any additional meetings to the five (5) discussed here will be billed on a time and materials basis upon approval of the County. Time has been budgeted for the public meetings to account for preparation of display materials and to prepare to address the many comments anticipated from the public and from other interested parties. 2 9W Proposed Scope of Services EXH I B lr October 17, 2001 SH 82 &Baltic Avenue:Intersection Study and Conceptual Design Selection Task 4: Analysis. Design Concept Analysis: PBS&J will analyze up to five (5) different design concepts. An analysis will be performed on each of the design scenarios to determine their operational characteristics. Each alternative will be assessed against specific performance measures agreed to by PBS&J and County staff such as: overall delay, maximum queue lengths, out of direction travel, pedestrian conflicts and cost. Preliminary Cost Analysis: PBS&J will develop a preliminary cost estimate for each design concept. Task 5: Conceptual Design (Optional Task). If PBS&J and County staff think a new conceptual design will work better than what has been previously presented to the County, PBS&J will develop additional conceptual design plans and analyze this concept against the other concepts in Task 4. This work will be billed on a time and materials basis upon approval of County staff. Task 6: Recommendation. PBS&J will recommend to the County the best solution for mitigating the future operational deficiencies at the intersection of State Highway 82 and Baltic Avenue based on the results of Task 4. As stated in Task 3, PBS&J staff will attend a public meeting to present its recommendation. PBS&J will also summarize all of the above tasks in a letter report. PBS&J will revise its recommendation and letter report, if necessary, based on input received at the Recommendation Public Meeting and will be prepared to attend one additional public meeting to present the revised recommendation. WORK BY OTHERS The following work will be performed by others: • Traffic Studies (3) • Concept Plans (5) • Traffic Count Data (County) • Traffic Count Data(CDOT) • Area survey(if available) SCHEDULE AND FEE Based on our current workload, PBS&J can begin to work on this project immediately upon notice to proceed and will be complete within 180 calendar days (excluding agency review time), or as determined at the kick-off meeting. PBS&J will complete this work, with a not-to-exceed fee of $43,887.90 as displayed in the attached table. 200. 3 4 & 44 . elm e ! ! LO) ` ! f ; ® Ef ee ! e $ ! — E2f e ff : ; 2 ` ! # ! 2 ; / _ \ ; _ _ _ ] ff # f7 # # # # # f # # f 2 # f f # fff # ff # # ! f k 8 & ! ! 2 - LU Omm0 LU e $ r eff ; " fE # f ! f r LU LU f , _ , w § 2 LLJ # § § - - - - : ; � k k $ \ \ ) \ 2 LU \ \ 2 9 - a! k § k ) fEL \ / \ § LU ® - - ; !© ! ' Wkq kIQ �I \% § { i` �! k { =\ ) ! m ) ƒQ Fx § ) \ {/ ;E (e z / - \ � \ { \ 00 LU \ \ \ ° ` \ \ \ \ z EL in G PBSI OCT, 29, 2001 3: 03PM PITKIN COUNTY PUBLIC WORKS NO. 9442 P. 7 EXHIBIT B REQUIRED CLAUSES For purposes of these Required Clauses, "Consultant"means PBsdi Consultant shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW A. The Consultant acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement 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. 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 agents, which violations) is known or should have been known by him, and failure to so notify the County of any violation($)within five(5)days of knowledge of such violations shall be considered a breach of this Agreement. Further, such failure to notify the County of 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 FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST A. Covenant Against Contingent Fees. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon on agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained 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 any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing 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 Agreement, or to any solicitation or proposal therefor. C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment, gratuity, or offer of employment to be made by or on behalf of a subConsultant under a contract to the prime Consultant or higher tier subConsultant or any person associated therewith, as an inducement for the award of a subcon- tract or order. The Consultant is prohibited from inducing, by any means, any person employed under this OCT. 29, 2001 3 : 04PM PITKIN COUNTY PUBLIC WORKS N0, 9442 P. 6 Agreement to give 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 regulations. E. Conflict of Interest Prohibited, No official, officer, employee or representative of the County during the term of this Agreement 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 prescribed in this Agreement shall be made a condition of and conspicuously set forth in every sub- contract and solicitation therefor. G. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest,the County shall have the right to: (1) Terminate this Agreement without liability by the County; (2) Debar or suspend the offending parties from being a Consultant or sub-Consultant 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) Recover such value from the other offending parties. 3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, Consultant shall meet all applicable requirements with respect to employment and subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises(DME/MBE/WBE). B. In connection with the execution and administration of this Agreement, and any subcontracts, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color,sex,national origin,age, handicap or status as a veteran. C. In connection with the performance of this Agreement, the Consultant will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work, if any, under this Agreement. D. The Consultant will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiserimination/affirmative action provisions of any resultant contract. E. Employment Data and Affirmative Action Plan. If requested, the Consultant agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged I� OC?, 29, 2001 3: 04PM PITKIN COUNTY PUBLIC WORKS NO, 9442 P. 9 persons, minorities and women by job category within its organization. Where the Consultant has fifty (50) or more employees or it is participating 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 County Attorney's Office within ten(10) days after selection. F. Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to! (1) Withholding of payments under the Agreement until the Consultant complies,and/or (2) Cancellation, termination,or suspension of the Agreement, in whole or in part. 4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the performance of work under the Agreement may be terminated by Pitkin County. (1) Whenever the Consultant shall default in performance of this Agreement in accordance with its terms, and fails to 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 any dangerous condition)after hand-delivery, facsimile or mailing to the Consultant of a notice specifying the default as provided in Paragraph it of the Agreement. The Consultant shall not be in default by reasons of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Consultant. Such causes may include, but are not restricted to, acts of God, 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 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 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 convenience. S. Notice of Termination. In the event of termination, the County shall deliver to the Consultant a written notice of termination, specifying the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery, facsimile or the date of mailing of the notice,as provided in Paragraph 11 of the Agreement. C. Termination Procedure. After the effective date of the notice of cancellation,termination for default or for the convenience of the County, unless otherwise directed by the County,the Consultant shall; (1) Stop work under the Agreement on the date specified in the notice of termination. (2) Place no further orders for materials,services or facilities. / OCI. 29, 2001 3: 04PM PITKIN COUNTY PUBLIC WORKS N0, 9442 P. 10 (3) Terminate all orders and subConsultants to the 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 Agreement. D. Termination Payment. After the effective date of a notice of 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 to the dote of termination, and costs incurred because of termination, which termination costs shall not exceed 10%of the total amount of proposal; 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 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 default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of 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 the Consultant the amount as determined. E. Termination Settlement. Subject to Paragraph 4.D., the Consultant and County may negotiate the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for default or for the convenience of the County. F. Remedies. The Consultant shall have the right of appeal from any determination made by the County under "Cancellation or 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 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 4.0. or 4.E., above, the County shall pay the Consultant: (1)the amount the County has determined if there is no right to appeal or if no timely appeal has been 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 determination under Paragraphs 4.D, or 4.E., he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt in writing of the County's determination, The County shall have twenty (20) days in which to respond in writing to the appeal, The County's response shall be final and conclusive unless within thirty (30)days from the dote of receipt of such response the Consultant submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. INTEGRATION AND MODIFICATION A. The Agreement constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Consultant understands that unless the contract is for goods or services of a value less than$50,000, no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of the Agreement on behalf of the County. Any such contract or modification to this Agreement must be in writing and be executed by the parties hereto. I X?. 29. 2001 3: 05PM PITKIN COUNTY PUBLIC WORKS N0. 9442 P. 11 B. With re spect to change orders under the Agreement,the County and the Consultant shall process and approve/disapprove requests for change orders as otherwise provided in this Agreement, subject to the requirements of the Procurement Code and the Finance Office, 6. INDEMNITY A. The Consultant (including, by definition here and hereinafter, its officials, employees, agents and representatives, subConsultante and suppliers),shall and hereby does indemnify and hold harmless the County of Pitkin and its officials, employees, and representatives from and against liability for any loss, damages, penalty, judgment, expenses, costs (including reasonable costs of Investigation and defense), fees (including reasonable attorney and expert witness fees)or compensation for any bodily injury,death, personal injury or property damage to the extent caused by any negligent act, intentional act, error or omission by the Consultant, and for any consequential liability alleged to accrue against the County solely on account of the Consultant's, or its subcontractors, acts, errors or omissions, provided, however, that such indemnity shall not be construed os on indemnity for bodily injury or property damage arising from the negligence of the County or its employees. S. The Consultant further shall investigate, process, respond to,adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits allegded to be solely caused by the Consultant or its subcontractor at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 7. INSURANCE A. In whole or in part, the Consultant shall secure and maintain for the term of its contractual relation- ship with the County such insurance policies,from companies licensed in the State of Colorado,as will protect itself,the County and others as specified,from claims for bodily n� Y�ieps� th, personal injury or property damage, which may arise out of or result from the Consultant'lAo s,, errors or omissions. The following insurance coverage, at or above the limits indicated and lyding such endorsements as are indicated by an "X",are required: ( off X(1) Statutory Workers'Compensation: Colorado statutory minimums X (2)Commercial General Liability-ISO 1996 Form or equivalent With County named additional insured Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form(All risks)to include(place X by applicable provisions): _x— Premises/Operations Underground, Explosion 6 Collapse Hazard _x_ Products/Completed Operations _x_ Contractual Liability ^ _x_ Independent Consultants and SubConsultants \/ ,x_ Broad Form Property Damage I 7<<J OC? 99. 2001 3 : 05PM PITKIN COUNTY PUBLIC WORKS N0, 9442 P. 12 _X_ Personal Injury (3) Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Coverage to include [place X by applicable provisions]: __x_ Any Auto All Owned Autos Hired Autos Non-Owned Autos Garage Liability (4)Special Coverages(cheek as appropriate and insert amount): (1)Performance Bond Labor and Material _x_(2)Professional Errors and Omissions $1,000,000.00 _(3)Aircraft Liability _(4)Owner's Protective _(5) Builder's Risk amount of project _(6) Boiler and Machinery _(7)Loss of Use Insurance (8)Pollution Liability _(9)Crime,including Employee Dishonesty Coverage, or Fidelity Bond PROOF OF INSURANCE SHOULD BE SENT TO: RISK DEPARMENT CIO Kris Jewkes 530 E Main, Ste 202 Aspen CO 81611 970-920-5049 Fax PROJECT NAME SHOULD BE IDENTIFIED B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County(through the County Representative)no later than ten (10) calendar days prior to commencement 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 Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered 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 Countys Risk Department). (For purposes of this provision, materially altered shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). ilk QJ Simultaneously with the Certificates of Insurance, the Contractor shall file with the County (and promptly update, as necessary) a statement that certifiier�, to the Contractor's knowledge, on the date of execution of this Contract, the--r ---r.. no claims pending against the required coverages that would adversely affect th Contractor's ability to meet its insurance obligation under this Contract. I q � OC;. 29, 2001 3: 05PM PITKIN COUNTY PUBLIC WORKS NO. 9442 P, 13 required C. In addition,these Certificates of Insurance shall contain the following clauses; (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy, (3) 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. (4) Location of operations shall be; "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the Countys Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter, E. The County reserves the right to inspect upon reasonable request a copy of any policy and any policy endorsement. RISK DE P NT INITIALLY GN F lb 36 6 Dste 8. EXEMPTIONS AND PREFERENCES A. All purchases of construction or building or any other materials for this Agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. 8, Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.A.S. 43-2-208, 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 grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and to local (Roaring Fork Volley) services and labor of quality at least equal to non-local services and labor. 9. RECORDS The Consultant shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Agreement for a period of three (3) years after final payment D� 6 • OC-. 29. 2001 3: 06PM PITKIN COUNTY PUBLIC WORKS NO. 9442 P. 14 under the Agreement and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Agreement and applicable law. 10, THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Consultant or County may assign this Agreement in accordance with the specific written permission, any rights to 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 the terms, covenants,agreements or conditions herein contained. 11, AGREEMENT MADE IN COLORADO The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 12. 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 entitled to its costs and reasonable attorney's fees. 13, GOVERNMENTAL IMMUNITY Consultant agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et, seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in these Required Clause or the Agreement shall be construed or interpreted to require or provide for indemnification of the Consultant by the County for any injury to any person crony property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 14. CURRENT YEAR OBLIGATIONS The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County, Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other finoncial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Agreement shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys,nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. I ISSUE DATE10/25/0(MM/DD/YY) PRODUCER IRIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Collinsworth, Alter, Nielson, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Fowler& Dowling,Inc.(WMC/DIA) POLCRS BELOW 5979 NW 151 Street, Suite 105 COMPANIES AFFORDING COVERAGE COMPANY Miami Lakes, FL 33014 LETTER A Continental Casualty Co A XV COMPANY INSURED LETTER B Nat'l Union Fire Ins Co A+ + XV COMPANY Post, Buckley, Schuh & LEA C American Casualty Co A XV Jernigan, Inc. d/b/a PBS&J COMPANY 2001 NW 107 Avenue LETTER D Lloyds of London A XV Miami FL 33172 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO ME INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIRRMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SNIECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY EFT. TR POLICY NUMBER POLICY LIMITS DATE(MM/DD/YY) DATE(MMMMa)D/YY) A GENERAL LIABILITY GL247843206 9/30/01 9/30/02 GENERAL AGGREGATE 2000000 X COMM.GENERAL LIABILITY PRODCOME/OP AGG. ZOOOOOO CLAIMS MADE ®ICI:. MRS.&ADV.CH CRY 1000000 OWNER'S&CONTRACT'S MOT EACH OCCURRENCE 1000000 Per Project ADD FIRE DA MAGE(Om Fire) 1000000 MED.EXP.(one Per) 25000 FG�GELIABILUY AUTOMOBILE LIABILITY BUA247843223 9/30/01 9/30/02 COMBINED SINGLE 1000000 LIMIT ED AUTOS ED AUTOS BODILY INJURY (T6r Person) TOS BODILY INJURY NON-OWNED AUTOS (Per ecriden) IABILITY PROPERTY DAMAGE B EXCESSLLIBILITY BE8718931 9/30/01 9/30/02 EACH OCCURRENCE 10000000 X UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE 10000000 C WC247843268 9/30/01 9/30/02 X sTAT�'onv LIMITS WORKERS'COMPENSATION AND EACH ACCIDENT 1000000 EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT 1000000 DISEASE-EACH EMP. 1000000 D OTHER P42399 9/30/99 9/30102 Professional / $1,000,000 Limits Pollution Liab Be claim/annual agg Claims-Made Form 11/11/61 retrodate DESCRIBI'ION OF OPERATIONSR.00ATIONS/VEHICLES/SPECIAL ITEMS RE: SH82/Baltic Avenue Study. Certificate holder add'I insured on general liability only; coverage shall be primary &noncontributory; issuing Co's will provide 30 days written notice of cancellation and material reduction of coverage/limits. C�+It9P7�Yt�A'��iiJYi C�11tLt,�,.� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL gy Pitkin County. Colorado p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE : LEFP,BIIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn: Bud Eyler LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 76 Service Center Road Aspen, CO 81611 `' AIITHORIMI)RE A ek£.`.ip 2. O,E7191#}' AGREEMENT AMENDMENT The State Highway 82 and Baltic Avenue Intersection Study between Pitkin County (the "County") and PBS&J ("Consultant'), is hereby amended as follows: The Agreement for the provision of Professional Services, paragraph 2. Term shall be amended to change the completion date to May 1, 2002. In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. EXECUTED this 1" day of March, 2002: PITKIN COUNTY: CONTRACTOR: B.W. E lar, County En ' eer By: G��, By:�— APPROVED AS TO FORM, this 151 day of March, 2002: B.W. Eylar; Con nty Engineer 3 NOTICE TO PROCEED DATE: 10/30/01 FROM: Pitkin County 76 Service Center Road Aspen CO 81611 TO: PBS&J 5500 Greenwood Plaza Boulevard, Suite 150 Greenwood Village, CO 80111 You are hereby authorized to proceed on 10/30/01 or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: Proposal for the SH 82 and Baltic Intersection Study and Conceptual Design Selection for the sum of Forty thousand and three hundred and eighty-eight and xx/00($43,888.00). �(.���/;&�Q By: B yl W yl, County Engineer County Attorney 9 MAR. U13, 2002 um PITKIN COUNTY ADM IN —NO, 79T0t7A—R 12—CIAIV & 10 uiENT Y&Atf aumu&i REQUEST BUpGP I Please X the appropriate box: Under $25,000 Offset within dept or section may cross programs (Fill out information starting at page 2) Undere.12M000,&,nit zeini Qver,326;000 6 not,zero cast Any change to the not program .cost t1s,:eIncreaselin ilvelnoreesi or chsngez16 elther, lcost!(lsthe use:of fund reven'ues to%tWeXpehdftui.61s1 oenues; wtpenditura 3 orboth). belance).1-M84 document With at,th0Agot'I1 .:SMail,'document.with:.approvals, approvals,ILe. Approved: document h.4pprovairtile- -Jiia�;Approvied: initials of initials of approver): Dept,to Approved I aii,oi-ap ap�rdV40t)i!b p 10 5 prove t action, to section; to County Mgr to Dept rto,9 County' .�i �County i Mor to i6clude,iriSOCC obtain'B.00C-approvals and a Asa, C �f1ol 6 1 .:.:: �, 0 St. 1 .�& k formal appropriation [ONETIME;.�-'.' �x 1,01Y 'GOING. DEPARTMENT. Public Works, Engineering PROJECT NAME: AABC/SH 82 Intersection Engineering Study STAFF RESPONSIBLE: Bud Eyler, County Engineer PREPARER OF DOCUMENT: Bud Eyler New revenues or reduction of existing project budget: Reduction of Fund Balance: N-40 Contribution to Traffic Impacts $ (43,888) 5", New or change in project costs: Consultant Contract $ 43,888 NET PROGRAM COST: $ .0- DESCRIPTION OF THE PROJECT&FUNDING RESOURCES: The issue is related to the decision to move the signalized intersection at SH 82 and Baltic Avenue in the AABC to the proposed Front Way intersection with SH 82 and should that decision be revisited. On August 21, 2001, a work session of the Board of County Commissioners was held to discuss this issue. At that time the Board directed staff to proceed with a series of facilitated meetings with stakeholders and other interested parties to discuss the original decision to move the traffic signal and to look at and consider other possible alternatives to the that decision. It was further recommended to retain an independent consultant to provide traffic engineering analysis and to review the alternatives that were developed. At that time, I recommended that the funding for this project come from the traffic impact fees paid by Bidgle Corporation that were set aside to solve the traffic problems at Baltic Avenue, Bidgle paid $200,000 at the time of filing of Final Plat. The balance in that fund at the present time is approximately $210,000 (interest accrued). I would recommend using $43,888 from this fund balance to cover the cost of the consulting engineering contract for traffic analysis, constructability analysis, review of alternatives and providing a final recommendation, including preliminary cost for the best solution to the traffic impacts from N-40 and the AABC, WHAT OBJECTIVE IS ADVANCED OR PROBLEM SOLVED BY THIS PROJECT:To provide the best, most cost effective solution for moving traffic efficiently while addressing the concerns of the neighborhoods and businesses in the N-40 and the AABC. ALTERATIVES ANALYSIS: This project is an alternatives analysis. It will look at the existing intersection, the proposal for moving to Front Way and other various options.