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CONTRACT #I 0 if 6 -,Jt'~~
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C&B No. 07~~6
AlP PROJECT No. ~
AMENDMENT NO.5 TO CONTRACT
DATED February 19, 2003
BETWEEN
CARTER & BURGESS, Inc.
AND
Pitkin County, Colorado
The Sponsor and the Engineer agree to amend their contract for improvements to the Pitkin County
Airport, Colorado to include fees for engineering services. The items covered by this amendment are
detailed in the scope of work attached hereto as Exhibit A. The scope of work contained in Exhibit A is
incorporated herein by this reference and may be generally described as follows:
Furnishing Plan for the ARFF Facility
The Sponsor agrees to pay the Engineer for the services contained in this Amendment as follows:
PART A - BASIC SERVICES
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ASPEN AIRPORT ARFF FACILITY - FURNISHING PLAN......ALump sum amount of
$20,000.00
PART B - ASSURANCES
I.
CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL
REQUIREMENTS
Reference: 49 CFR PART 21
During the performance of this contract, the Engineer, (referred to as the "contractor" in this
Section, Part B - Assurances) for itself, its assignees and successors in interest agrees as
follows:
1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
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1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection
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and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the discrimination prohibited by
section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin.
1.4 Information and Reports. The contractor shall provide all :information and reports required
by the Regulations or directives issued pursuant thereto and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
with such Regulations, orders, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shaUimpose such contract sanctions
as it or the FAA may determine to be appropriate, including, but not limited to:
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a.
Withholding of payments to the contractor under the contract until the
contractor complies, and/or
Cancellation, termination, or suspension of the contract, in whole or in part.
b.
1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall
take such action with respect to any subcontract or procurement as the sponsor or the FAA
may direct as a means of enforcing such provisions including: sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in
addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
II.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL
RIGHTS PROVISIONS
Reference: Airport and Airway Improvement Act of 1982, Section 520;Title 49 47123;AC
150/5100-15, Para. 10.c.
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The contractor assures that it will comply with pertinent statutes, Executive orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or handicap be excluded from participating in any activity conducted
with or benefiting from Federal assistance. This provision obligates the
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tenantlconcessionaire/lessee or its transferee for the period during which Federal assistance is
extended to the airport a program, except where Federal assistance is to provide, or is in the
form of personal property or real property or interest therein or structures or improvements
thereon. In these cases the provision obligates the party or any transferee for the longer of the
following periods: (a) the period during which the property is used by the airport sponsor or any
transferee for a purpose for which Federal assistance is extended, or for another purpose
involving the provision of similar services or benefits or (b) the period during which the airport
sponsor or any transferee retains ownership or possession. of the property. In the case of
contractors, this provision binds the contractors from the blq solicitation period through the
completion of the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
III.
DISADVANTAGED BUSINESS ENTERPRISES
Reference: 49 CFR Part 26
Contract Assurance (!26.13) - The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance! of this contract. The contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT assisted contracts. Failure by the contractor to carry out trese requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy, as the recipient deems appropriate.
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Prompt Payment (!26.29) - The prime contractor agrees to p~y each subcontractor under this
prime contract for satisfactory performance of its contract no later than Fifteen (15) days from
the receipt of each payment the prime contractor receives from Board. The prime contractor
agrees further to return retainage payments to each subcontrac;tor within Fifteen (15) days after
the subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written approval
of the Board. This clause applies to both DBE and non-DBE subcontractors.
IV.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 49 CFR Part 20, Appendix A
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant and the amendment or
modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid orwill be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any Federal grant, the contractor shall complete and submit
Standard Form-LLL, "Disclosure of Lobby Activities,. in accordance with its instructions.
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V.
ACCESS TO RECORDS AND REPORTS
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Reference: 49 CFR Part 18.36(i); FAA Order 5100.38
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to
provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the
United States or any of their duly authorized representatives access to any books, documents,
papers, and records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to
maintain all books, records and reports required under this contract for a period of not less than
three years after final payment is made and all pending matters are closed.
VI.
BREACH OF CONTRACT TERMS
Reference: 49 CFR Part 18.36
Any violation or breach of terms of this contract on the part of the contractor or their
subcontractors may result in the suspension or termination of this contract or such other action
that may be necessary to enforce the rights of the parties of this agreement. The duties and
obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
VI/.
RIGHTS TO INVENTIONS
Reference: 49 CFR Part 18.36(i)(8); FAA Order 5100.38
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All rights to inventions and materials generated under this contract are subject to regulations
issued by the FAA and the Sponsor of the Federal grant under which this contract is executed.
VIII.
TRADE RESTRICTION CLAUSE
Reference: 49 CFR Part 30.13; FAA Order 5100.38
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms published by the Office of the United States Trade
Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with a person that
is a citizen or national of a foreign country on said list, or is owned or controlled directly or
indirectly by one or more citizens or nationals of a foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any product for use on the
project that is produced in a foreign country on said list.
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Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor
who is unable to certify to the above. If the contractor knowingly procures or subcontracts for
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the supply of any product or service of a foreign country on said list for use on the project, the
Federal Aviation Administration may direct through the Sponsor cancellation of the contract at
no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide written
notice to the contractor if at any time it learns that its certification was erroneous by reason of
changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contradtor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct through the
Sponsor cancellation of the contract or subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
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This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subjectto prosecution under Title 18, United States Code, Section 1001.
IX.
TERMINATION OF CONTRACT
Reference: 49 CFR Part 18.36(i)(2); FAA Order 5100.38
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time,
either for the Sponsor's convenience or because of failure to. fulfill the contract obligations.
Upon receipt of such notice services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in performing this contract,
whether completed or in progress, delivered to the Sponsor.
b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the
contract price shall be made, but no amount shall be allowed for anticipated profit on
unperformed services.
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c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take
over the work and prosecute the same to completion by contract or otherwise. In such case,
the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor
thereby.
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d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the
contractor had not so failed, the termination shall be deemed to have been effected for the
convenience of the Sponsor. In such event, adjustment in the contract price shall be made as
provided in paragraph 2 of this clause.
e. The rights and remedies of the sponsor provided in this clause are in addition to any other
rights and remedies provided by law or under this contract.
X.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEL.IGIBILlTY AND VOLUNTARY
EXCLUSION
Reference: 49 CFR Part 29; FAA Order 5100.38
The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this
clause without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to
certify to this statement, it shall attach an explanation to this solicitation/proposal.
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All other terms and conditions of the original contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this -0 -rlJ.
b€t.eM~ 2005.
day of
SPONSOR:
Pitkin County, Colorado
BY~,-=~
Att~t C~~
ENGINEER:
CARTER & BURGESS, Inc.
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By
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Exhibit A
ASPEN AIRPORT ARFF FACILITY
FURNISHING PLAN PROPOSAL
1. Coordinate with a local A V company on A V equipment. A V company will provide all
written documents, equipment and installation necessary tp complete the project.
2. Furnishings Design Meeting #2:
a. Provide a medium and mediumlhigh price furnishing package for the following:
furniture, exercise equipment, blinds & A V equipment. Provide photo brochures
associated with each price package & a written priting package.
b. Plan layout for furniture, exercise equipment & A V equipment.
c. Furnishings package to be selected at this meeting.
3. Furnishings Design Meeting #3:
a. Provide final furnishings specification book & plans to owner for final review.
4. Prepare bid package for all furnishings.
5. Review bids.
6. Coordinate with companies awarded with furnishings package.
7. Coordinate installation of furnishings.
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Significant additions to this furnishings package or excessive charllges to the furnishings
selection may increase service fees.
Rm Namel#:
Descrivtion of Furnishings:
Furniture
Criteria
Quality furniture that will last 20 years, not ritzy, durable, not a lot of black Formica,
some wood look, but not too traditional - clean lines, ergonomic.
Note:
1.
2.
Upper Level
200 Entry Bench
201 Files Shelves for three ring binders on one wall.
202 Lobby Chairs, table & plant. Framed poster on North wall.
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231 Watch 3 chairs matching spec of Training "decent chairs".
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232 & 236 Modular large conference table that can be arranged in various configurations (horse
Training shoe, circle, etc.), 20 decent chairs, 30-40 stackable chairs, all chairs to have seat
pads. Stools for Kitchen peninsula countertop. Flat 60" plasma screen on South
wall. CeilinJ:! mounted projector. DVD & CD players.
234 & 237 One person offices, L shape desk, adjustable desk chair, credenza, small meeting
Offices table w/ four chairs, filing cabinet. (storage/shelves ifthere is space)
238 Office Desk, filing cabinet, storage, adjustable desk chair.
Lower
Level
105/109 Benches
Lockers
112 Elliptical machine, stationary bike, treadmill if there is space (all to be either Life
Exercise Cycle or comparable). Free weights, mirrors down to floor on North wall. Flat
panel 42" plasma TV. Equipment mats under all exercise equipment.
123 Parts Heavy duty 2'deep adjustable shelving in L shape on South & West walls
124 Office Desk, adjustable desk chair, filing cabinet.
140 Day Sofa or "lazy boy" chairs, coffee table, storage cabinet if there is space or built-in
Rm cabinets along segmented East wall, Flat panel 42" plasma TV, 2-3 adjustable desk
chairs. This is to be the "Family Room" of the buildinn.
145 Office 2 work stations, 2 adjustable desk chairs, 2 filing cabinets, and 1 partition. Four
people are to share this room - two at a time.
146 &147 Each Room: 1 double bed, 1 twin Murphy bed, night stand, easy chair, lamp for nightstand.
Dorm Rooms
Estimated 1/20/05 bid package out
Furnishings 3/15/05 Furniture to be ordered
Schedule: 5/15/05 Furniture, Exercise Equipment, & A V Equipment procured
5/31/05 +/- All furnishings installed
Note: No on site stora2e available. Installation to be included in "Furnishings Package"
Approximate $155,000.00
Budget:
These notes are intended to reflect discussions and decisions from the design meetings. Any exceptions or
changes should be made in writing
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