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HomeMy WebLinkAboutbocc.con.014.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating DepartRaenffDi~vision: ~h~fA~[6~ V- Contact Person: ~.~[q.~L ~00~(f-M~ Phone 4/: Project Name 'Bf~ Contract #: / ])~3/ BOCC AGENDA ITEM [--]STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement, tyne: STAFF AUTHORIZED [--]None [-]Informal ~ormal J--]Sole Source [-]Emergency ['~State Bid [~IGNATURE Check Contract Type: Dollar Amount: $ Ledger Number [~Services/Maintenance I--]License/Use [~Lease I-]Construction [-3Goods, Equipment, Supplies [--]Grant Agreements (Requires BOCC Action) [--]Change Order/Contract Amendment [--]Other 00 5- g?6 5¢. >oo o ~]Employment (for county employees) ~]Intergovemmental Agreement (Requires BOCC Action) ['--]Non Profit [-~Quasi-Public Contractor/Business (Complete Name ).~O~r' i Lit[ ~X~ t~r~ ~x' ~ O~*tX.3' Contract Execution Date: ~. 1'(2~o Contract End Date: {. ~. O'er- Automatic Renewal (Y[--] ~N~.) Term of Contract: i [ year(s) All C~tracts should be proofed for the following: I,/1 ~No Pages Missing [~All Dates Filled In ~[f a Page is Left Intentionally [~11 Other Blanks Filled In Blank -Note on Page [~11 Exhibits Attached [;>TPage numbered consecutively ~ ~.~. ~1:7.. ~11 Legal Descriptions Attached (if appropriate) [5;~All Signatures Affixed ~otice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorde~ for Scanni~Archiving , I--]Authorized Staff Person s Name: ~J~ ~~/~ BY CHECKING ABOVE, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. ACORD. CERTIFICATE OF LIABILITY INSURANCE OP,D DATE M,.DD ', PERTC-1 I 01/18/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'II'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown and Brown, In<3. HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR i South Nevada Ave b~/ite 106 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Colorado Springs CO 80903 Phone = 719-471-0262 Fax= 719-471-2889 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HARTFORD INSURANCE ~NSURERB: PHILADELPHIA INSURANCE CO Pericle C~.=.~nications Cc~-.~any INSURERC: P. O. Box 50~}78 Colorado Sprzngs CO 80949 INSURERD: rNSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR NSRr TYPE OF INSURANCE POLICY NUMBER BATE (MM/DD/YY) DATE IMM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 A X X COMMERCIAL GENERAL LIABILITY 34S]]J~G3106 03/12/05 03/12/06 PREMISES(Eaoccurence) $ 300000 J CLAIMSMADE ~ OCCUR MEDEXP(Anyoneperson) $ 10000 PERSONAL & ADV iNJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS:COMPIOPAGG $ 2000000 X J POLICY ~ PRO- JECT ~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO 34S~G3106 03/12/05 03/12/06 (La accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accidenl) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY , AU]'O ONLY. CmA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 · 000 · 000 A X r occur CLAIMS MADE 34SBAPG3106 03/12/05 03/12/06 AGGREGATE $ 1· 000# 000 $ DEDUCTIBLE $ RETENTION $ $ EMPLOYERs'WORKERS COMPENSATIONLIABiLFFy AND X ITORY LIMITS A ANY PROPRIETO R/PARTN EPJEXECUTIVE 34WECRD8691 09/08/05 09/08/06 E.L. EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? If,~es, describe under E.L. DISEASE - EA EMPLOYEE $ 100000 SrECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 500000 OTHER B Professional Liab PHSD136286 05/29/05 05/29/06 Aggregate $1,000,000 Deductibl $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Attention= Renee Nofziger Certificate Holder is added as Additional Insured as respeots to General Liability as their interests may appear CERTIFICATE HOLDER CANCELLATION pI%'~TNC SHOULD ANY OF THE ABOVE DESCRIBE. D POLICIES BE CANCELLED BEFORE THE EXPIRATIO~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PITKIN COUNTY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 7 6 Servi<3e Center ~.oad IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Aspen CO 81611 REPRESENTATIVES. AUTHORIZ D REPRESENTATIVE~ ACORD 25 (2001,08) :~D~ ~~ ~_~ 6 © ACORD CORP 1988 CONTRACT FOR PROVISION OF SERVICES Rev. 06/21/05 js Project/Purchase Contract # Pitkin County Translator Site Review and Planning Line Item Account # 003.77.95536.82000 THIS CONTRACT is made and entered by and between the Pitlcin County Board of County Commissioners ("County") and Pericle Communications Company (hereinafter "Contractor"). 1. Term. The term of this contract is from January 25, 2006 to January 31, 2007. At the expiration of the initial term, the contract may be extended for an additional term of 120 Days by the express written consent of both parties. 2. Contractor's Obligations. The revised proposal for the Pitkin County Translator Site Review and Planning submitted by Pericle Communications Company is attached as Exhibit A. See Scope of Work Below (taken from RFP): Scope of Work for Translator Site Planning and Review 1.0 Introduction The County operates and maintains eleven (11) Communication Sites that were developed sometime in the late 70's to early 80's. Each site is unique it its building facilities and tower construction, access and power capacity. TV & FM Radio signals are rebroadcast to the citizens and visitors of Pitkin County from most locations. Some sites house Public Safety Radio Systems; including but not limited to the emergency 9-1-1 system. There is an existing microwave system that currently links four of the sites. The Pitkin County TV & FM Translator Department maintains and operates nine (9) of these sites. The remaining two are managed by Aspen Pitkin County Communication Center. One has the microwave link to the other sites; the other is not in use at this time. Both of these sites will be included in the study. The maintenance and operation of the TV and FM Radio equipment is supported by funds from the 1995 mil levy tax. This mil levy tax may not cover additional services. 2.0 The Opportunity VII -2 Pitkin County wishes to update the sites. There is opportunity for these types of sites to grow and expand with future technology. The County is seeking a qualified engineering consultant to conduct a study of each of the eleven sites. Consultants will assess the existing facilities (buildings, towers and equipment) and evaluate the sites for potential expansion, upgrades and revenue generating capability. 3.0 The Sites Elephant Mountain Sunlight Peak Williams Hill Upper Red Mountain Lower Red Mountain Thomasville Loges Peak Jack Rabbit Ridge Crown Mountain Red Hill Ajax Mountain NAD 27 = 39.14.20 N 107.13.5 W NAD 27 = 39.25.23 N 107.22.31 W NAD 27-- 39.18.37 N 106.56.53 W NAD 27 = 39.13.16 N 106.48.47 W NAD 27 = 39.13.33 N 106.50.0 W NAD 27 = 19.21.12 N 106.41.0 W NAD 83 = 39.08.51.07190 N 106.52.16.74806 W NAD 27 = 39.13.8 N 106.54.33 W NAD 27 = 39.21.11 N 107.05.34 W NAD 27 = 39.22.15 N 106.50.00 W NAD 83 = 30.09.11.17788 N 106.49.15.17246 W VII -4 4.0 Scope of Work Phase 1 - Analysis and Public Process Part One - Analysis & Design The consultant shall provide a detailed analysis of each individual site and the translator systems, including the engineering integrity of the current towers, their foundations, and the physical condition of each facility. The analysis will address site access, site security and will documem the present use and physical condition of the facilities, including the age and capacity of the electrical, solar, HVAC (climate control), life safety, and security systems. The aesthetics of each site within its environmental setting will be examined and reviewed as part of this analysis. The analysis will determine the site's compliance with the current FAA, FCC and OSHA regulations. The study will speculate on how each site may be able to accommodate physical expansion for current users or new telecommunication systems, while being sensitive to land use and zoning regulations. The analysis will meet present needs and project the future needs of the system and users for a 20 year master plan. A full Environmental Phase One study is not required as part of this RFP. A field evaluations of Radio Frequency (RF) exposure to humans will be reported per site. All FCC/OSHA industry safety standards will be adhered to. RF interference studies - the comparison of input and output frequencies, which identify possible conflict between fi'equencies will be studied to include the fundamental and 1~ harmonic depths and will be compiled per site and be included in the deliverables. The consultant's report shall also divulge any potential RF issues if existing services are expanded or new services added. The consultant's written report for part on will summarize the findings for each site and will provide a prioritized list of specific recommendations for the repair, upgrade, expansion, or replacement of the facilities, equipment or systems. An itemized opinion of probably construction costs, consulting fees, and soft costs for each recommendation or alternative will be included. Tower and Building costs should be provided separately from telecommunications costs. Land use requirements will be considered when recommending larger facilities and taller towers. A minimum of two (2) alternatives, with preferred alternative will be designed for each site. Prior to final presentations of deliverables, a written draft of findings will be reported back the County Project Representative. This will be done on a per site basis and shall include: initial assessment with alternatives, estimated costs for akernatives, time schedule and budget. Additional design alternatives that would improve the County's operations pertaining to each site as identified may be included. The ability to monitor sites from a central location or "remote site monitoring" implementation and other options, if available, will be reviewed and costed out. The cost for implementation of this system will be reported separately. Part Two - Public Process The consultant shall engage in a public process to determine potential expansion and revenue generating capability, including potential consumers & market viability of present and new services per site. The consultant will determine public support for the expansion of the current services and the introduction of new services, as well as what those new services may be. The consultant will provide a detailed approach, including but not limited to the number of public meetings to be held. The public process will include input from citizens and potential service providers. The consultant's written report for Part Two will summarize findings and will provide a prioritized list of recommendations addressing the specific equipment, facilities, or systems required to implement these new markets and services. The revenue potential to the County, the entrance and exits costs, and the County's ROI (return on investment) should all be presented as part of the final report. Phase 2 -- Implementation It is anticipated that the implementation of the upgrades or changes to each site will be accomplished over several years, based on need and available funds. The detailed design, construction documents and construction observation services for each project will be undertaken at the time of funding. 5.0 Identified Issues County Staff and the County's Engineering contractor have identified the following site- specific issues: This list is not comprehensive and by no means limits the scope of work. Elephant Crown Thomasville Lower Red Access Access Bldg. Structure Access Power Line Exposure Climate Control Security Site Ownership Equip. Shelter deficiencies Equip. Shelter Deficiencies Climate Control Forest Svc. Designation Climate Control Electrical Grounding Electrical Grounding Expansion Electrical Grounding Battery Storage Access Equip. Shelter Deficiencies Bldg. Electrical Tower Safety, structure Tower Safety, structure Propane Storage Battery Storage loading and installation loading and installation Battery Storage Propane Storage Commercial Power limits Backup Generator Operation Climate Control Tower safety, structure, Tower safety, structure, loading and installation loading and installation Ajax Upper Red Loges Sunlight Back-up Bldg Capacity Propane Storage Climate Control Solar Configuration Battery Storage Microwave Equip. Foundation Back-up generator Transfer Electrical Grounding Tower safety, structure, switch Tower safety, structure, loading and capacity and installation Electrical Grounding installation Propane Storage Battery Storage Climate Control Tower safety, structure, loading and installation Williams I Red Hill I Jack Rabbit Ridge Building deficiencies Climate Control Propane storage Commercial Power Electrical Grounding Tower safety, structure, loading and installation 6.0 Responsibilities Pitkin County: · Designate a person to act as the County's representative with respect to the work to be performed under this contract. Such person will have the authority to transmit instructions, receive information, interpret and define County policies and make decisions with respect to the contract · Provide a list of current users per site · Provide assistance in touring each site · Provide a list of all equipment at each site; age, life cycle, and t~equency configuration of equipment and tower attachments · Examine all studies, schedules and other documents presented by the consultant. Consultant: · Comply with all OSHA safety requirements · Provide all tools and equipment necessary to conduct inspections · Provide the County bi-weekly updates of progress for the project 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $116,000.00 for all services, subcontractors and travel expenses rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use VII -7 materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Renee Nofziger will manage the project as the County's Representative. In the event that Renee Nofziger is not available, Jodi Smith shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract 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 contract. Contractor may choose to work for other individuals or entries during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. 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 contract. 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 contract. 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. 8 Assignablility. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. Steve Langfield (tower climber) has been approved as a subcontractor. 9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 11. Integration and Modification. A. This contract represents the emire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against lia- bility for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of inves- tigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and ex~ penses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the Cotmty 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 injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums o Commemial General Liability- ISO 1998 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 (Ail risks) to include X Premises/Operations Underground, Explosion & Collapse Hazard Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury Business Auto Coverage: Combined Single Limit Liability (each accidem) $1,000,000.00 Special Coverages (check as appropriate and insert amount): (1) Performance Bond Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9)Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to com- mencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract. 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 County's 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). VII -10 Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk Department (and promptly update, as necessary) a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2. In addition, these Certificates oflusurance shall contain the following clauses: a. 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. b. 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. c. 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 Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Iusurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 14. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract 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. 15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract 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 contract and applicable law. 16. Contract Made in Colorado. The parties agree that this contract 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. 17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and VII -11 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 this contract sb~ll be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 19. 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 contract are subject to Pitkin County's annual right to budget and appropriate the stuns necessary to provide the services set forth herein. No provisions of the contract 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 contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract 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 contract 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 contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 20. Notice. Any written notice required by this contract shall be deemed delivered through 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: To Pitkin County Renee Nofziger 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 To Contractor: Pericle CommurLications Company 1910 Vindicator Drive Ste 100 Colorado Springs, CO 80919 Fax: (970) 303-346-8794 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VII -12 /.7 PITKIN COUNTY: Project Mana~ Hilary S~h)th - D~te County Manager Renee Nofziger Date Brian Pettet Date PW Director VII -'13 EXHIBIT A Pitkin County Translator Site Review and Planning (Revised) Pedcle Communications Compeny December 12, 2005 Principal Engineer Senior Engineer Tower Climber $ 185 $ 155 $ 70 PHASE I - ANALYSIS AND PUBLIC PROCESS Part 1 - Analysis and Design Task 1.1 - Pre-Site Survey Information Gatherirlg Principal Engineer Senior Engineer Tower Climber. 24 $ 185'$ 4,440 40 $ 155 $ 6,200 $ 70 $ Principal Engineer Senior Engineer Tower Climber 16 $ 185 $ 2,960 120 $ 155 $ 18,600 $ 70 $ Task 1.3 - RF Exposure Surveys (with Site Surveys) Principal Engineer Senior Engineer Tower Climber 24 Task 1.4 - Co-Site RF Interference Studin~ Principal Engineer Senior Engineer Tower Climber 48 185 $ 155 $ 70 $ $ 185 $ $ 155 $ $ 70 $ Task 1.5 -Investiaate Alternatives & Preoare Recommendatiorl~i Principal Engineer 24 $ Senior Engineer 64 $ Tower Climber $ Task 1.6 -Preoam Written ReD0rt Principal Engineer 32 $ Senior Engineer 16 $ Tower Climber $ Part 2 - Public Process 3,720 7,440 ']'ask 2.1 - Hold Public Meetinn.~ Principal. Engineer 24 $ Senior Engineer 64 $ Tower Climber $ 185 $ 4,440 155 $ 9,920 7O $ 185 $ 5,920 155 $ 2,48O 7O $ 185 $ 4,440 155 $ 9,92O 70 $ T~sk 2.2 - Assemble Recommendations. ROI. E|~. Principal Engineer Senior Engineer Tower Climber 16 $ 185 $ 2,960 32 $ 155 $ 4,960 $ 70 $ Task 2,3 - Prepare Written Re~Qrt Principal Engineer Senior Engineer Tower Climber 28 $ 185 $ 5,180 36 $ 155 $ 5,580 $ 70 $ Labor Subtotal 2. Other Direct Costs (Travel & Reproduction/Advertising) Reproduction/Advertising ~ Travel Subtotal Other Direct Costs Subtotal ~AND TOTAL $ 99,160 Rate Total $ 2,800 $ 4,547 $ 7,347 $ 10s s~_~ PHASE 2 - IMPLEMENTATION (BUDGETARY ESTIMATE ONLY) 1. Labor Task 3.1 - ImDlementatiorl Principal Engineer Senior Engineer Tower Climber Labor Subtotal 2. Other Direct Costa 'rravel Travel Subtotal Other Direct Costa Subtotal ~RAND TOTAL ~y.' Rate Tota~ 104 $ 185 $ 19,240 240 $ 155 $ 37,200 $ 70 $ $ 56,440 Rate $ $ $ Oation 1 -Tower Structural Stud.~c- Principal Engineer Senior Engineer Tower Climber Tower Structural Studies (each) 40 15 Rate 185 $ 155 $ 70 $ 1,500 $ $ 4,536 4,536 6,200 22,500 Ootion 2 - Tower Ins~eations (Climbina) Principal Engineer Senior Engineer Tower Climber ~ravel Travel Subtotal O~on 2 Total $ 185 $ $ 155 $ 112 $ 70 $ 7,840 OW_ Rate Total $ 1,673 Reviewed and Approved for Submission: - odginal signed - Jay M. Jacobsmeyer, P.E. President ID Name Duration 1 Task 1.1 - Pre-Site Survey Information Gathering 30.d 2 Kick off meeting 1.d 3 Reseamh license information 2.d 4 Perform intermodulafion studies 2.d 5 Obtain existing tower and site documentation 1.d 6 Obtain satellite photos 10.d 7 Interview Staff 3.d 8 Task 1.2 - Site Surveys 30.d 9 Elephant Mountain 10 Thomasville 2.d 11 Lower Red Mountain 2.d 12 Upper Red Mountain l.d 13 Crown l.d 14 Williams Hill 2.d 15 Sunlight Peak l.d 16 Loges Peak 2.d 1,d 17 Jack Rabbit Ridge 1.d 18 Red Hill l.d 19 Ajax Mountain 1.d 20 Task1.3-1.6 - Post Site Survey Follow Up and Report 30.d 21 Research site issues discovered during survey 14.d 22 Finish intermod studies 7.d 23 Finish data gathering 5.3d 24 Write report 14.d 25 Task 2.1 - Public Process 90.d 26 Advertise first public meeting 5.d 27 Hold first public meeting 14.d 28 Compile results first public meeting 2.d 29 Share results with staff 1.d 30 Determine solutions/services 14.d 31 Write up solutions/services 1,d 32 Advertise second public meeting 7.d 33 Hold secOnd public meeting 1.d 34 Compile input 1,d 35 Share results with staff 1,d 36 Advertise third public meeting 14.d 37 Hold third public meeting 1 ,d 38 Adjust plan as necessary 3,d 39 Task 2.2 - 2.3 Assemble Recommendations, Write Report 21 .d Start Finiah 1 ~May-06 31 -May-06 1-May-06 1-May-06 2-May-06 3-May-06 7-May-06 8-May-06 6-May-06 6-May-06 2-May-06 15-May-06 6-May-06 8-May-06 1 -Jun-06 30-Jun-06 1-Jun-06 2-Jun~06 3-Jun-06 4-Jun-06 7-Jun-06 7-Jun-06 8-Jun-06 8-Jun-06 9-Jun-06 10-Jun-06 11-Jun-06 11-Jun-06 14-Jun-06 15-Jun-06 16-Jun~06 16-Jun-06 17-Jun-06 17-Jun-06 18-Jun-06 18-Jun-06 21-Jun-06 21-Jun-06 1-Jul-06 31-Jul-06 1-Jul-06 15-Jul-06 29-Jun-06 29-Jun-06 22-Jun-06 24-Jun-06 30-Jun-06 13-Jul-06 1-Aug-06 31-Oct-06 3-Aug-06 9-Aug-06 18-Aug-06 18-Aug-06 19-Aug-06 20-Aug-06 23-Aug-06 23~Aug-06 24-Aug-06 10-Sep-06 13-Sep-06 13-Sep-06 21-Sep-06 29-Sep-06 7-Oct-06 7-Oct-06 8-Oct-06 8-Oct-06 11-Oct-06 11-Oct-06 19-Oct-06 5-Nov-06 15-Nov-06 15-Nov-06 21-Nov-06 24-Nov-06 1-Nov-06 21-Nov-06