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HomeMy WebLinkAboutbocc.con.131.2002 CHECK LIST CONTRACTS SUBMITTED TO CLERKS OFFICE FOR SCANNING/ARCHIVING I Originating Department/Division: _�1 a Contact Person: J� t � lnj 00 A '/ CONTRACT. Phone#: q 1O -Rc2© -5c3�5�1 Check Contract Type: (CHECK ALL THAT ARE APPROPRIATE) Services Maintenance License/Use STAFF AUTHORIZED Lease SIGNATURE _Construction Purchase AIV Employment Intergovernmental Agreement(Requires BOCC Action) Non-Profit APPROVED BY BOCC Quasi-Public Grant Agreements (Requires BOCC Action) ON 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): hoT — F A A Contract Start Date: Contract End Date: 1 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 and Recorder for Scanning/Archiving Date: 7 (l 0 o o� �,,•,� E �U3 a o Authorized Staff Person Note: Signature of authorized staff person indicates 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 SIGNATURE Ater 1 COI' " �A" T,,# .o 3/-,;7X' DEPARTMENT OF TRANSPORTATION `'�✓:, �- FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION ; •. APPROVED BY BOCC 1601 LIND AVENUE SWON �� "� s"©� RENTON, WASHINGTON 98055 MEMORANDUM OF AGREEMENT NO. NMR13002M Between Aspen-Pitkin County Airport and FEDERAL AVIATION ADMINISTRATION This agreement is made and entered into by the Federal Aviation Administration, hereinafter referred to as the FAA, and the Aspen-Pitkin County Airport; hereinafter referred to as the sponsor. This agreement, together with all appendices and attachments hereto, identifies the rights and responsibilities of each party to the agreement. WITNESSETH WHEREAS, the sponsor and the FAA desire a non-precision approach system that would improve flight safety and airport efficiency at the Aspen-Pitkin County Airport, WHEREAS,the FAA has the expertise and resources to establish a Localizer(LOC) system, Distance Measuring Equipment(DME) and to relocate the existing Precision Approach Path Indicator(PAPI) equipment on Runway 15, that could provide a non- precision approach. The sponsor is willing to pay the FAA for the costs incurred in establishing the LOC/DME and relocating the PAPI, WHEREAS, the Federal Aviation Reauthorization Act of 1996, P.L. 104-264, October 9, 1996, Section 226, authorizes the Administrator to enter into and perform such contracts, leases, cooperative agreements, and other transactions necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. This Agreement is a memorandum of agreement, an "other transaction' under 49 U.S.C. 106(1)and(m). It is not intended to be, nor shall it be construed as, a joint venture, partnership, corporation, or other business organization. "Localizes/DME Establish and PAPI Relocation" 1 ,� NOW, THEREFORE, in consideration of the premises, convenants and agreements contained herein, the FAA and the sponsor mutually agree as follows: ARTICLE I-PURPOSE The purpose of this agreement is to provide for the establishment of a Localizer (LOC)/Distance Measuring Equipment(DME) and to relocate the existing Precision Approach Path Indicator(PAPI) equipment on Runway 15. The product of this effort will support the desired non-precision Instrument Approach Procedure. FAA PROVIDED SERVICES: The FAA shall furnish, for the project identified herein,the following services: 1. Perform an environmental assessment of the effected project area. 2. Provide the civil and electronics engineering expertise to properly design the non- precision approach system. 3. Procure electrical power service for the equipment and facilities. 4. Perform the site construction activities necessary to establish the facilities. 5. Perform the electronics equipment installation for the Localizer(LOC), Distance Measuring Equipment(DME) and relocated Precision Approach Path Indicator (PAPI) equipment. 6. Provide and install Remote Monitoring System (RMS) equipment on the LOC and DME. 7. Provide for and perform a commissioning flight check of the installed equipment. 8. Publish terminal and enroute IFR approach updates. SPONSOR PROVIDED SERVICES: The Sponsor shall furnish, for the project herein identified, the following services: 1. Assistance to the team with airport access,to include escorting them, if required. 2. Access to AC power as needed on the airport. 3. Assistance to installation team with miscellaneous activities (i.e. storage of equipment, etc). ARTICLE II-PAYMENT For and in consideration of this agreement,the sponsor shall reimburse the FAA for all costs associated with engineering/installation/technical services,plus administrative overhead, for an estimated amount not to exceed$525,017. The cost breakdown is as follows: "Localizer/DME Establish and PAPI Relocation" 7 y Cost Asset Function (CAF) Cost Material Costs (4) Localizer $63,000 Localizer RMS Equipment $20,000 DME $60,000 Cable, Connectors, Conduits&Assoc. Mat'ls $22,000 Engineering Costs Civil Engineering (1) $12,800 Electronics Engineering (2) $19,300 Drafting (2)/(4) $3,100 Construction (3) Localizer Antenna $60,700 ILS Equipment Shelter $30,000 PAPI Relocation $40,800 Contract Administration $17,300 (field engineering& inspection) Electronic Installation Costs (4) $21,800 Flight Inspection (6) $8.000 Subtotal: $378,800 Administrative Overhead (26%): $98.488 Subtotal: $477,288 Cost Over-run(10%): $47.729 Total Not to Exceed Amount $5259017 A. A waiver of the 26% administrative overhead rate has been requested for this project. This overhead represents the cost to the FAA of those indirect expenses that are part of the cost of overhead agency operations. The overhead charge cannot be waived without FAA headquarters approval. If waiver of the administrative overhead is approved, the amount to be deducted from the "Total Not to Exceed Amount"shall be $98,488. B. Cost Overrun. The sponsor recognizes that the above cost figures represent the FAA's best estimate of the services to be provided. However, in the event that the costs do exceed the amount specified, the sponsor authorizes the FAA a 10% overrun of total project costs (10%amount)without obtaining any further authorizations. If cost increases are expected to exceed 10% of the total project, written authorization must be obtained prior to expending such funds. BILLINGS The FAA shall present the Sponsor with a summary of costs in one final billing following the site testing. The billing support summary list will include a breakout of costs by each object class with descriptions of any direct costs in accordance with FAAM 1217.90-29. "Localizer/DME Establish and PAPI Relocation" 3 This will be attached to the bill and the Sponsor of services will submit payment within 30 days as indicated on the bill. Invoices shall be submitted to: Aspen-Pitkin County Airport 0233 E. Airport Rd., Suite A ATTN: Jim Elwood, Director of Aviation Aspen, Colorado 81611 Telephone: (970) 920-5384 FAX: (970) 920-5378 The Sponsor shall submit payment to: Federal Aviation Administration MOA No. NMR12602M ATTN: Richard Marquez, AWP-28 P.O. Box 92007, WPC Los Angeles, California 90009 Telephone: (310) 725-7328 FAX: (310) 536-8521 Late Payments Public Law 92-41, 85 Stat. 97,requires interest be assessed on delinquent debts. Accordingly, a late payment interest charge will be assessed on all subsequent billings whenever payment is not received by the due date. The interest rate is established by the Treasury Fiscal Requirements manual 6-8000 for each thirty(30)day period or portion thereof that the payment is not received. In addition to the interest charge on late payments, there will also be a late payment penalty plus an administrative charge added to any payment that is thirty(30) days, or more,past due. This agreement may be terminated for nonpayment if any monies are owed the FAA for more than 90 days. Payments received from the sponsor will be credited to the Reimbursement Appropriation established in accordance with the requirements of the Federal Aviation Reauthorization Act of 1996,P.L. 104-264, October 9, 1996. Any disputes regarding payment amounts or the interest penalties will be resolved in accordance with ARTICLE X. "Localizer/DME Establish and PAPI Relocation" 4 ARTICLE III-LIABILITY a. Hold Harmless The sponsor agrees to defend any suit brought against the United States, the FAA, or any instrumentality or officer of the United States arising out of work under this agreement. The sponsor further agrees to hold the United States, the FAA, or any instrumentality or officer of the United States harmless against any claim by the sponsor, or any agency thereof, or third persons for personal injury, death, or property damage arising out of work under this agreement. HOLD HARMLESS PROVISION IN THIS SECTION IS SUBJECT TO THE EXTENT ALLOWED BY COLORADO LAW AND SUBJECT TO ANNUAL APPROPRIATIONS. b. Damages Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, the sponsor agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this Agreement. ARTICLE IV—WARRANTY OF SERVICES The FAA does not warrant the services provided under this agreement. ARTICLE V- TERM OF AGREEMENT a. The initial term of this agreement shall be from the date executed by the government until December 31, 2002. b. This agreement may be renewed for a period not to exceed one year beginning January 1, 2003. All other terms and conditions shall remain in full force and effect during the renewal term. c. Either party to this agreement may discontinue participation by giving the other party 30 days notice in writing prior to the effective date of discontinuance. ARTICLE VI- OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or to any benefit arising from it. However,this clause does not apply to this agreement to the extent that this agreement is made with a corporation for the corporation's general benefit. "Localizer/DME Establish and PAPI Relocation" 5 V ARTICLE VII- GRATUITIES The right of the Sponsor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Sponsor, its agent, or another representative (1) offered or gave a gratuity to an officer, official, or employee of the FAA; and (2) intended, by the gratuity, to obtain an agreement or favorable treatment under a agreement. The facts supporting this determination may be reviewed by any court having lawful jurisdiction. The rights and remedies of the FAA provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement. ARTICLE VIII - COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or agency has been employed or retained to solicit or obtain this agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty,the Government shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of the contingent fee. ARTICLE IX-ANTI-KICKBACK PROCEDURES The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)providing, or attempting to provide, or offering to provide any kickback; (2) soliciting, accepting, or attempting to accept any kickback; or(3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. ARTICLE X-PROTESTS AND DISPUTES All agreement disputes arising under or related to this agreement or protests concerning awards of agreements shall be resolved under this clause. Where possible, disputes will be resolved by informal discussion between the parties. If the parties are unable to resolve any disagreement through good faith negotiations,the dispute will be resolved by a neutral third party selected by the parties. The decision is final unless it is timely appealed to the FAA Administrator, whose decision is not subject to further administrative review and,to the extent permitted by law, is final and binding. "Localizer/DME Establish and PAPI Relocation" 5 ARTICLE XI-AMENDMENTS Any amendment,modification or change to this agreement shall be formalized by an appropriate written amendment. All amendments are to be duly executed by the authorized representatives of all parties to this agreement. ARTICLE XII- CORRESPONDENCE and COMMUNICATIONS The sponsor shall send correspondence to the FAA regarding this agreement to the address below. All written communications must be identified with reference to Agreement No. NMR13002M: Federal Aviation Administration Acquisition Management Branch ATTN: Phillip Sandoval, Contracting Officer 1601 Lind Avenue S.W., ANM-53R Renton, Washington 98055-4056 Telephone: (425) 227-2837 FAX: (425) 227-1055 The FAA shall send correspondence to the sponsor regarding this agreement to: Aspen-Pitkin County Airport 0233 E. Airport Rd., Suite A ATTN: Jim Elwood, Director of Aviation Aspen, Colorado 81611 Telephone: (970) 920-5384 FAX: (970) 920-5378 Technical questions and coordination should be done through: For the FAA: Federal Aviation Administration Navigation and Landing Platform,ANI-880 ATTN: Anne Kusaka, Manager 1601 Lind Ave SW Renton, Washington 98055 Telephone: (425) 227-2299 FAX: (425) 227-1074 "Localizes/DME Establish and PAPI Relocation" 7 ARTICLE XIII- CONCURRENCE The FAA and the sponsor hereby agree to the provisions of this agreement as indicated by the signatures below of their duly authorized representatives. This agreement supersedes all previous agreements between the parties on the subject matter set forth. ASPEN-PITKIN COUNTY FEDERAL AVIATION ADMINISTRATION By'—� el BY Phillip Sandoval Title: ! � Cyr/, R Title: Contracting Officer Date: Date: D 1 "Localizes/DME Establish and PAPI Relocation" 1 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entered by and between Pitkin County, Board of County Commissioners ("Pitkin County") and Engstrom Lawn and Garden 0311 Bobcat Lane, Redstone Colorado 81623 (hereinafter"Contractor"). 1. Purpose. The purpose of this Agreement is to perform grounds keeping maintenance on Redstone Park and a portion of Elk Park. 2. Term. The term of this Agreement is from May 151, 2002 to October 315t,2002. At the expiration of the initial term, the Agreement may be extended for an additional term of up to days by the express written consent of both parties. 3. Contractor's Obligations. Contractor shall include the following services: a) Weekly mowing,trimming,and cleanup of debris on parks once per week. b) Fertilize,aerate,and adjust irrigation for natural precipitation. c) Perform a Spring and Fall cleanup. d) Clean bathrooms and empty garbage until the bathrooms are closed and trash is moved. 4. Compensation and Expenses Invoicing and Payment. The County shall pay the Contractor for performance of services hereunder. Payment of invoices submitted by Contractor 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$200 per weekly mowing, $150 per fertilizer application, $200 per aeration, and $800 for Spring and Fall cleanup and debris removal, and $40 per bathroom cleaning may be billed on a monthly basis and will be paid within thirty (30) days of receipt of the invoice. In no event shall the total charges for services and reimbursements exceed $12000. In the event the Contractor incurs time and expenses above said amount, no compensation for said additional time and expenses shall be required to be paid by the County without written authorization by the County. 5. County's Exclusive Ownership of Work Product. All work produced pursuant to this Agreement becomes the property of Pitkin County. 6. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a County Representative. Gary Tennenbaum will manage the project as the County's Representative. In the event that Gary Tennenbaum is not available, Barb Hogan shall assume the County Representative's duties. The services provided and products delivered by the Contractor 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 Contractor. To prevent an unreasonable delay in the Contractor's work, the county's Representative will endeavor to examine all deliverable products and other documents and will accept same and authorize payment or will specify necessary changes within ten (10)working days of receipt of such documents. 7. Cancel lotion. In addition to the right of termination referenced in Required Clauses hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor as provided in Paragraph 11 herein. 8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification,are attached hereto and incorporated by this reference. 9. Independent Contractor Status. a. The parties to this Agreement intend that the relationship between them contemplated by the Agreement is that of independent Contractor. Contractor, and any agent, employee, or servant of contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. b. Contractor is not required to offer his services exclusively to Pitkin County under this Agreement. Contractor 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. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this Agreement. d. Contractor 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. e. Contractor 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. Assianablility. 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 Gary Tennenbaum-Land Steward Pitkin County Open Space and Trails 76 Service Center Road Aspen,CO 81611 Fax: (970) 920-5374 with copies to: Pitkin County Attorney's Office 530 E.Main Street,#302 Aspen,Colorado 81611 Fax: (970) 920-5198 b. To Contractor: Engstrom Lawn and Garden Edie Engstrom 0311 Bobcat Lane Redstone, CC 81623 12. Modification. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above. CONTRACTOR: By: ! a d Title Date PITKIN COUNTY: 13Y-1A I Department ead Date