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HomeMy WebLinkAboutbocc.con.amended.167.2017 B2017-11-13 btf Contract Information Contract Number Project Name Contractor Budget Line Item 40451510.531000 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department County Representative Caroline Bonynge County Representative Phone (970) 429-1880 Provide a brief description of the contract: Contract Value Summary: $ 8,050.00 $ 8,050.00 $ 13,726.00 $ 29,826.00 NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Airport Extension of service and addition of services. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total No Aviation Support and Maintenance DBT Transportation Services $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Sole Source Services/Maintenance 7/15/2017 7/14/2020 Change Order/Contract Amendment 167.2017 B Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Contract #: 167.2017 Rev. 2018.06.13 btf Budget Line Item #: 40451510.531000 *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 1 CHANGE ORDER / CONTRACT AMENDMENT Change Order Number: 167.2017 B OWNER: Pitkin County, Colorado 530 E. Main St., Suite #302 Aspen, CO 81611 CONTRACTOR: DBT Transportation Services 2655 Crescent Drive, Suite A-1 Lafayette, CO 80026 The Provision of Aviation Support and Maintenance (the “Contract”) dated May 1, 2017 between the Board of County Commissioners of Pitkin County, Colorado (the “County”) and DBT Transportation Services (the “Contractor”), is hereby amended as follows: Description of Change: Renewal of contract for the second out of three available extensions. The end date of this contract is amended to July 14, 2020. Addition of DTN WSO Platinum Airport Operations Edition, RWIS Pavement Forecasts and Data Management Services for $5,851 annually. Please reference Quote from DBT Transportation for a full breakdown. Reason for Change: Renewal of contract and added services Original Contract Amount $ 8,050.00 Previous Change Order/Amendment Amount $ 8,050.00 This Change Order/Amendment Amount $ 13,726.00 New Contract Total $ 29,826.00 Contract #: 167.2017 Rev. 2018.06.13 btf Budget Line Item #: 40451510.531000 *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 2 In all other respects, the Contract is in full force and effect and remains unchanged by this Amendment. DBT TRANSPORTATION SERVICES ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date DIRECTOR APPROVAL: ________________________________________________ !#AIRPORT DIRECTOR#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Executive Vice President Jul-26-2019 Nancy Thomsen NT, DBT Transportation Services LLC Director of Operations, Safety and Security Jul-29-2019 Caroline Bonynge Jul-30-2019 John Kinney Airport Director Jul-30-2019 Jon Peacock County Manager 2018 Page 1 of 2 AVIATION SUPPORT AND MAINTENANCE SERVICES Order Summary Contracted Party:Serviced Customer: (physical address) The Effective Date of this Agreement is ____________________, 20_____. The Term of this Agreement shall be for a period of _______ year(s) from the Effective DateZLWKRQH\HDUH[WHQVLRQ RSWLRQV Services (check as applicable) †Periodic/Pre-Season Maintenance †Equipment Restoration †NADIN DataLink Service †Other Data Services Equipment Manufacturer/Model Equipment Manufacturer/Model †VOR †RWIS Runway †DME †ATIS †LOC †NDB †GS †Control Tower †AWOS †Markers †RVR †Other Fees Contract Total: $ Annual Fee $Invoiced Annually Unplanned Outage Fee $per day (ex. lightning strike, bird strike) Facility Visit Fee $per day (ex. flight check) Holiday Fee $Additional to Unplanned Outage Fee Cancellation/Delay Fee $per day *Definitions om Terms and Conditions Aspen-Pitkin County Airport 506 E Main Aspen, CO 81611 Aspen-Pitkin County Airport (ASE) 506 E Main Aspen, CO 81611 July 1 19 Vaisala 13,726 1Trip 3Trips 13,901 1500 1500 500 500 2018 Page 2 of 2 Statement of Work and Additional Terms Attachment 1: Aviation Support and Maintenance Services General Terms and Conditions, Rev.1 Pricing Year 1: Pricing 2SWLRQYear2  : Pricing 2SWLRQYear 3  : 3ULFLQJ2SWLRQ<HDU   This Order Summary is part of the DBT Support and Maintenance Services Agreement (“Service Agreement”) between DBT and Customer. The Service Agreement consists of this Summary and each listed attachment. By signing this Order Summary, the parties signify that they have read, understand, and agree to be bound by all the terms and conditions of the Service Agreement. DBT Transportation Services By:By: Title:Title: Date:Date: $LUSRUW0DQDJHUBBBBBBBBBBBBBBBBBBBBBB (PDLO$GGUHVVBBBBBBBBBBBBBBBBBBBBBBBB 3KRQH1XPEHUBBBBBBBBBBBBBBBBBBBBBBB    caroline.bonynge@aspenairport.com Attachment 2: Statement of Work DBT is providing billing though this contract for the DTN provided hosted forecasting services, RWIS data display and pavement forecast services. DBT will be providing the Remote Network Monitoring & communications. Annual Fee of $13,901 Includes: DBT RWIS Maintenance Services Annual Fee: $8050 DTN's WSO Platinum Airport Operations Edition, RWIS Pavement Forecasts and Data Management Services Annual fee: $5851 Contract Total above includes: Annual Fee: $13,901 One-time RWIS data display and pavement forecast Set-up Fee: $229 One time contract synchronizing adjustment (for services 7/15/2019 thru 9/5/2019 already paid to DTN for the current contract): - $404 Note: The Remote Network Monitoring & Communications annual fee of $840 was included and paid under a separate PO when RWIS modem was purchased. The contract renewals after this year will include the Remote Network Monitoring & Communications annual fee. Optional annual contract extensions subject to a 3% increase per year. Invoices are emailed by DBT. Please provide an email address where to send invoices. Sales Manager June 14, 2019 $13,726 Caroline Bonynge 970-987-4829 RWIS Maintenance Statement of Work 1. Description of Equipment Services. 1.1. Periodic Maintenance consists of inspection, functional checks, adjustments, replacement of failed components and cleaning in accordance with the equipment manufacturer's published guidelines and requirements. DBT Transportation Services will perform one (1) Pre-Season Maintenance check per year at Customer’s site and notify customer at least one week in advance of the estimated service time. DBT shall make a report in writing containing observations and actions taken during each Maintenance visit and a copy will be supplied to Customer. 1.2. Equipment Restoration. In the event of an unplanned equipment failure or outage, DBT shall commence restoration work within two (2) business days after the outage is reported and complete restoration services in a reasonable prompt manner. Diagnosis may be performed remotely and render the system inoperable until which time replacement equipment/parts can arrive to Customer’s site. Repairs required due to Acts of God, lightning, vandalism, etc. are excluded and will be billed at the Unplanned Outage Fee rate detailed on the Order and Pricing Schedule. A maximum of three (3) restorative trips per year are allowed under contract. If more trips are required, the unplanned outage fee will apply. 1.3. All services provided by DBT shall be performed by qualified field technicians and other personnel having all required certifications and licenses required. 2. Customer Responsibilities. 2.1. Customer shall be responsible for monitoring the status of the systems following maintenance by DBT if customer has their own server. 2.2. Customer shall be responsible for providing transportation and/or access for DBT personnel between the airport office and the location of the Equipment; 2.3. Customer shall be responsible for providing security in and around the Equipment to be maintained under the Agreement; 2.4. Customer shall be responsible for any loss or damage to the Equipment for reasons other than the fault of DBT and for providing any insurance Customer may desire to cover any such loss or damage.; 2.5. Customer shall be responsible for maintaining the grounds and buildings associated with Equipment in good repair. 2.6. Customer shall be responsible for purchasing all RWIS repair and/or replacement parts. Customer agrees to pay for any parts DBT uses as part of the periodic maintenance or restorative services provided herein. DBT Transportation Services LLC Aviation Support and Maintenance Services General Terms and Conditions These terms and conditions are part of the DBT Support and Maintenance Services Agreement (“Agreement”) for the Services and Equipment listed in the Order Summary (“Summary”) The Agreement consists of the Summary, these terms and conditions, each Attachment identified in the Summary, and any supplemental Statement of Work executed by the parties. 1. Description of Fees and Services. 1.1. The Annual Fee is for Periodic Maintenance and the specified number of Equipment Restoration site visits shown in the Summary. 1.2. “Periodic Maintenance” is labor performed at the Equipment site at intervals shown in the Summary. It includes periodic inspections, functional testing, adjustments, replacement of equipment and parts which have failed or at Customer’s request, and maintenance required by the Equipment manufacturer or government regulation. If the Equipment includes Road Weather Information System (RWIS) equipment, Periodic Maintenance includes an annual preseason maintenance check. 1.3. “Equipment Restoration” is labor to replace failed or damaged equipment and parts at times other than during Periodic Maintenance visits. The number of Restoration visits included in the Annual Fee is shown in the Summary. DBT shall begin restoration work within one business day after an outage is reported and complete restoration as reasonably prompt as conditions permit. 1.4. An “Unplanned Outage” is a DBT site visit to repair or replace failed or damaged equipment and parts other than during Periodic Maintenance and in excess of the number of Equipment Restoration visits included in the Annual Fee. Unplanned Outage Fees are charged on a per diem basis, including days required for travel, plus reasonable travel costs and expenses. 1.5. A “Facility Visit” is an appearance by DBT, at Customer request, to attend or participate in an FAA inspection. Facility Visit fees are charged on a per diem basis, including days required for travel, plus reasonable travel costs and expenses. 1.6. “NADIN DataLink” connects the Customer’s AWOS observations to the FAA's Weather Message Switching Center (WMSCR) through the National Airspace Data Interchange Network (NADIN) for dissemination as Meteorological Terminal Aviation Routine Weather Reports (METARs). 1.7. The Holiday Fee is assessed on a per diem basis whenever any Services or facility visits are performed on a Holiday. The Holiday Fee is in addition to any other fees. By way of example, if repair for an Unplanned Outage is required on a Holiday, Customer will pay both the Unplanned Outage fee and a Holiday Fee. “Holidays” are New Year's Eve, New Year's Day, Memorial Day, July 4th (Independence Day), Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve and Christmas Day. 1.8. A “Cancellation/Delay Fee” is charged in addition to any other applicable fees, when DBT appears at the Customer’s location for a scheduled visit but is unable to enter the airport property or access the Equipment for any reason. 1.9. All fees are for labor only. Customer is responsible for the cost of all equipment, replacement parts and other materials. DBT agrees to use Customer’s inventory of replacement parts and will invoice Customer for any parts or materials not available in Customer's inventory. Customer is advised to maintain a current list of its replacement parts inventory, which shall be provided to DBT at DBT’s reasonable request but, in any event, prior to any visit for service or maintenance. 2. Customer Responsibilities. In addition to the payment of fees and the other obligations under this Agreement, Customer shall be responsible for: 2.1. Monitoring the status of the systems following maintenance; 2.2. Security in and around the Equipment; 2.3. Maintaining the grounds and buildings associated with the Equipment in good repair and in compliance with all federal, state and local rules and regulations. 2.4. Providing DBT transportation from the airport and access to the Equipment site during normal business hours upon reasonable notice, and outside of normal business hours as may be necessary for repairs; 2.5. Loss or damage to the Equipment for causes other than actions by DBT. Customer is encouraged to obtain its own insurance to cover any such loss or damage; and 2.6. Issuing NOTAMs (Notices to Airmen) and other public notices relating to the status of the Equipment. 3. Payment, Payment Default, and Right to Dispute. 3.1. Payment of Invoices. DBT will invoice Customer annually, quarterly or monthly, as applicable, for the fees and other charges described in this Agreement and the Summary. Payment of each invoice is due, in US Dollars, within 30 days of the invoice date (the invoice’s “Due Date”). 3.2. Payment Default. If Customer does not pay an invoice by the Due Date or if Customer files or has filed against it any voluntary or involuntary Bankruptcy petition, or becomes subject to an assignment for the benefit or creditors, receivership or other insolvency proceeding (individually and collectively, a “Payment Default”), DBT may take any and of the following actions, individually or in combination: 3.2.1. Cease performing or refuse to perform Services which have not been paid for; 3.2.2. Require a cash deposit, standby letter of credit, or such other assurance of payment DBT may deem appropriate, as a condition to providing any labor or materials requiring payment of fees and expenses in additional to the Annual Fee; 3.2.3. Terminate this Agreement. 3.3. Customer Right to Dispute Charges. Customer may in good faith dispute and withhold payment of all or any part of an invoice by paying the undisputed balance of the invoice and giving DBT written notice of the disputed amount and a reasonable description of the basis for the dispute on or before the invoice Due Date. The parties shall confer in a good faith attempt to resolve the dispute within ten business days after DBT receives notice of the dispute. If the resolution of the dispute requires an invoice adjustment, Customer shall pay the adjusted amount within 10 business days. If the parties are unable to agree on a resolution to the dispute, DBT may, without further notice, exercise any of its rights for a Payment Default. 4. Termination. 4.1. Termination for Material Breach. Except with respect to a Payment Default to which paragraphs 3.2 and 3.3 apply, in the event of a material breach of this Agreement, the party claiming the breach shall notify the other in writing, describing the breach in reasonable detail. The party accused of the breach shall have 30 days from receipt of notice of breach to cure the breach. If the breach is not cured within the 30-day period, the party claiming the breach may, by written notice to the other party, immediately terminate this Agreement. 4.2. Termination without cause for Force Majeure. A delay or failure to perform for a reason described in paragraph 10 (Force Majeure) shall not be considered a material breach of this Agreement. However, if a delay or failure to perform for a Force Majeure reason continues for a period of 120 consecutive days and there is no reasonably foreseeable remedy or cure available, this Agreement may thereafter be terminated by either party upon ten days written notice. 4.3. Obligations upon Termination. Upon termination of this Agreement for any reason: 4.3.1. Customer shall pay each outstanding invoice by its Due Date; 4.3.2. DBT will submit a final invoice for unpaid services provided and non- refundable costs incurred prior to the effective date of termination, all of which will be due and payable by the Due Date. 4.3.3. All payments made by Customer to DBT prior to the effective date of termination shall be non-refundable. 4.3.4. Each party shall promptly return all Confidential Information belonging to the other party. 5. Performance Warranty and Disclaimer of Other Warranties. 5.1. DBT represents and warrants it will perform the Services in a professional manner consistent with generally accepted industry standards, using qualified field technicians and other personnel, all of whom shall have and maintain any certifications and licenses required by the FAA 5.2. Except as expressly provided in this paragraph 5, DBT PROVIDES ALL SERVICES “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DBT MAKES NO OTHER WARRANTIES AND EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE RELIABILITY OR ACCURACY OF DATA OR INFORMATION GENERATED OR TRANSMITTED BY ANY EQUIPMENT OR SOFTWARE, AS WELL AS ANY WHICH MAY ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 5.3. DBT IS NOT RESPONSIBLE FOR ANY DAMAGES OR LIABILITY ARISING OUT OF THIRD PARTY PRODUCTS OR SERVICES, EVEN IF SUCH PRODUCTS OR SERVICES ARE USED BY DBT IN THE COURSE OF PROVIDING SERVICES UNDER THIS AGREEMENT. 6. Insurance. During the term (including the term of any renewal) of this Agreement and for one year thereafter, DBT shall maintain (a) workers compensation coverage as required by federal law and the law of the state in which work is performed; (b) Commercial General Liability insurance, including completed operations and contractual liability coverage, with minimum limits of $1,000,000 per occurrence for bodily injury, death and property damage; and (c) Aviation product liability insurance with minimum limits of $1,000,000. Required insurance shall be written by companies reasonably satisfactory to Customer and authorized to do business in Customer’s state, include Customer as additional insured with respect to liabilities arising out of activities performed by DBT under this Agreement, and provide for at least thirty days written notice to Customer prior to cancellation. DBT shall furnish Customer evidence of required insurance upon Customer’s reasonable request. 7. Indemnification. 7.1. DBT shall defend, indemnify and hold Customer, its elected or appointed officials, officers, members, agents, and employees, harmless from any and all demands, suits, actions, proceedings and other claims of any kind or nature, brought against Customer to the extent they arise out of DBT’s performance of this Agreement, except those resulting from Customer’s negligent, willful or intentional acts. 7.2. Customer shall defend, indemnify and hold DBT, its officers, members, consultants, contractors, agents, and employees, harmless from any and all demands, suits, actions, proceedings and other claims of any kind or nature, brought against DBT to the extent they arise out of Customer’s obligations under this Agreement, except those resulting from DBT’s negligent, willful or intentional acts. 7.3. A party seeking indemnification (“Indemnitee”) from the other (“Indemnitor”) must (a) not be in default under this Agreement; (b) notify the Indemnitor in writing within ten business days of receipt of the assertion of a claim and, in addition, within ten business days of the receipt of service or process or notice of the commencement of any lawsuit or other proceeding. The parties shall cooperate fully with each other in the defense of all claims, and neither shall admit, settle, or consent to the entry of any judgment in any claim without the other's prior written consent, which may not reasonably be withheld. 8. Limitations of Damages 8.1. DBT's maximum liability to Customer shall be limited to sums actually afforded and paid in settlement of a claim or satisfaction of a judgment by DBTs insurance policies required in paragraph 6, excepting claims for damages or equitable relief for beaching confidential and proprietary information obligations in paragraph 9. 8.2. Excepting claims for damages or equitable relief for beaching confidential and proprietary information obligations is paragraph 9, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF A PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Confidential and Proprietary Information. 9.1. The parties acknowledge each may, in the course of performing this Agreement, receive or have access to information belonging to the other, including but not limited to, business operations, current and future product plans, equipment, software and other product specifications and manuals, patents, copyrights and other intellectual property, personnel information, personal information of individuals protected by federal or state law and other information which. under the circumstances, would appear to a reasonable person to be confidential or proprietary (“Confidential Information”). Confidential Information does not include information which: (a) was or becomes known to the receiving party (other than disclosure by the disclosing party) from a source other than one having a duty of confidentiality, (b) becomes a matter of public knowledge other than by a breach of this Agreement, or (c) is required to be released by law, regulation or legal process, provided that the receiving party gives prompt written notice to the disclosing party in sufficient time to object to the release and cooperates with the disclosing party in any efforts to prevent the release. 9.2. The receiving party shall use the other’s Confidential Information only as needed for the performance of this Agreement. Disclosure to employees, contractors, subcontractors and consultants shall be on a “need to know” basis. The receiving party shall not disclose Confidential Information to any other person or entity without the written approval of the disclosing party. Each party shall protect the other’s Confidential Information with the same degree of care as the party would use for the protection of its own information, but no less than reasonable care and, with respect to personal information, with the degree of care required by applicable law. 9.3. Nothing in the Agreement shall be construed to grant either party any license or other right or interest in any trademark, patent, copyright or other intellectual property of the other. 9.4. Notwithstanding any other provision of this Agreement, each party shall be entitled to pursue any legal or equitable remedy, including injunctive relief, against the other or against any third party with regard to any misuse, misappropriation or breach of this paragraph 9. This paragraph 9 shall survive termination of this Agreement. 10. Force Majeure. Neither party shall be liable for delay or failure in performance due acts of God, acts of war or public enemy, riot, epidemic, fire, flood, quarantine, embargo, epidemic, unusually severe weather or other disaster, or compliance with laws, governmental acts or regulations which were not applicable on the date this Agreement was executed, or other causes beyond the party’s reasonable control, the sole remedy for such failure or delay being termination of the Agreement pursuant to paragraph 4.2. 11. Resolution of Disputes. 11.1. Waiver of trial by jury. The parties waive all rights to trial by jury in any litigation arising from this Agreement or its performance. 11.2. Allocation of legal fees and costs. The prevailing party in any litigation or other dispute resolution procedure brought to enforce the terms of this Agreement shall be entitled to an award of its legal fees and costs. 12. Notice. Notices and other communications shall be in tangible, readable form sent to a party at the address, fax number or email address listed on the Summary or to any other contact information a party may designate later. Notice shall be deemed to have been delivered (i) on the date delivered in person; (ii) on the earlier of the date actually received by the recipient or three business days after being deposited with the United States Postal Service or any other nationally recognized delivery service (such as UPS or FedEx) which provides proof of delivery, even if not actually received; (iii) on the date shown on the fax delivery confirmation; or (iv) on the date the recipient manually acknowledges receipt by return email (automated email delivery or read receipts are insufficient). 13. General Provisions. 13.1. The parties are independent contractors with respect to each other. This Agreement and its performance do not create any agency, partnership, joint venture, employment or similar relationship between them. Neither party has the right or authority to create an obligation or responsibility for the other. 13.2. The parties shall comply with all federal and state laws applicable to their respective operations, including but not limited to all export laws and regulations of the United States. 13.3. Each party represent that it is authorized to enter into this Agreement and performing it does not and will not violate or conflict with any law, regulation or existing obligation which may apply to it. DBT represents it is authorized to do business in Customer’s state. 13.4. This Agreement contains the entire agreement and understanding between the parties relating to the subject described in this Agreement, superseding and replacing all prior agreements, representations and understandings, oral or written, between the parties. 13.5. This Agreement can only be modified, amended or waived through a writing signed by both parties. Waiving or failing to insist on strict performance of any term, condition or obligation shall not constitute or be construed as a waiver of a party’s right to enforce the same or any other provision. 13.6. If any provision of this Agreement is held to be invalid or unenforceable, it shall be severable, and the remaining provisions shall be enforced to the full extent permitted by law. 13.7. This Agreement is not intended to, and does not create, any third-party beneficiary or other rights or remedies in favor of any person other than the parties. 13.8. This Agreement may be executed in multiple counterparts, all of which, taken together, shall be deemed to be a single document. A facsimile of this Agreement or any signature shall be considered for all purposes as an original. Certificate Of Completion Envelope Id: CE7BCC76623D454B9161278F485BD695 Status: Completed Subject: DBT Transportation | Pitkin County Contract 167.2017 B for Review and Signature Source Envelope: Document Pages: 16 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 7/24/2019 1:14:53 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Nancy Thomsen NT, DBT Transportation Services LLC cs@dbttranserv.com Executive Vice President Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.153.243.85 Sent: 7/24/2019 1:37:55 PM Viewed: 7/26/2019 10:48:43 AM Signed: 7/26/2019 10:51:20 AM Electronic Record and Signature Disclosure: Accepted: 7/26/2019 10:48:43 AM ID: aaec4ac6-e8d9-4a20-a2de-c7ac94ad2a33 Company Name: Pitkin County, Colorado Caroline Bonynge caroline.bonynge@aspenairport.com Director of Operations, Safety and Security Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 7/29/2019 1:59:54 PM Viewed: 7/29/2019 4:17:06 PM Signed: 7/29/2019 4:18:08 PM Electronic Record and Signature Disclosure: Accepted: 7/29/2019 4:17:06 PM ID: 16b9e0ab-5239-4557-a4c4-f8261212b134 Company Name: Pitkin County, Colorado John Kinney john.kinney@aspenairport.com Airport Director Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 7/29/2019 4:18:18 PM Viewed: 7/30/2019 9:01:00 AM Signed: 7/30/2019 9:02:20 AM Electronic Record and Signature Disclosure: Accepted: 6/14/2019 10:28:59 AM ID: c7043d11-02e3-46b6-88ca-5925427cefcf Company Name: Pitkin County, Colorado Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Signed using mobile Sent: 7/30/2019 9:02:23 AM Viewed: 7/30/2019 3:22:34 PM Signed: 7/30/2019 3:23:18 PM Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 6/12/2019 9:29:00 AM ID: 917e30ed-8186-40bf-b2f9-0336f129484c Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Jennifer Mitchley jennifer.mitchley@aspenairport.com Airport Procurement Aspen/Pitkin County Airport Security Level: Email, Account Authentication (None) Using IP Address: 65.38.144.66 Sent: 7/24/2019 1:19:31 PM Viewed: 7/24/2019 1:37:54 PM Electronic Record and Signature Disclosure: Accepted: 6/25/2019 12:18:53 PM ID: e957586a-26f5-4caa-960f-c1c9f1be6c1a Company Name: Pitkin County, Colorado Chris Padilla chris.padilla@aspenairport.com Airport Controller Aspen/Pitkin County Airport Security Level: Email, Account Authentication (None) Using IP Address: 65.38.144.66 Sent: 7/26/2019 10:51:23 AM Viewed: 7/29/2019 1:59:53 PM Electronic Record and Signature Disclosure: Accepted: 6/12/2019 8:30:42 AM ID: 4c106244-d552-409a-b488-e55873a7ea90 Company Name: Pitkin County, Colorado Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 7/30/2019 3:23:22 PM Resent: 7/30/2019 3:23:30 PM Viewed: 8/7/2019 4:29:45 PM Electronic Record and Signature Disclosure: Accepted: 6/21/2019 11:35:47 AM ID: f4b0c7d5-e378-4bad-8806-08d16f6ff44c Company Name: Pitkin County, Colorado Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/30/2019 3:23:22 PM Certified Delivered Security Checked 7/30/2019 3:23:22 PM Completed Security Checked 7/30/2019 3:23:22 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to you certain written notices or disclosures. 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Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign Account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM Parties agreed to: Nancy Thomsen NT, DBT Transportation Services LLC, Caroline Bonynge, John Kinney, Jon Peacock, Jennifer Mitchley, Chris Padilla, Pitkin County Procurement Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: susan.sullivan@pitkincounty.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. . To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to susan.sullivan@pitkincounty.com and in the body of such request you must state your e-mail, full name, Postal Address, telephone number, and account number.