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HomeMy WebLinkAboutbocc.con.146.2006/032.2002 Check Contract Type: Services Maintenance License/Use Lease Construction Grant Agreements (Requires BOCC Action) X Change Order/Contract Amendment Other CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: 11-/ R Patl.. 7 Contact Person: ~VJD V/...-A'Ne ()(Z.. ~eIi: 'f~o,.~S"3 I Project Name No J S f!3 /hON I r ~~~ct #:--/ 4/ - ()t) ~ 1'3:1-;J.()()~ BOCC AGENDA ITEM X STAFF AUTHORIZED SIGNATURE (BOCC signature required) , .J..j (per Revised Procurement Code7/2005) ~ SII / T-O .00 Dollar Amount: $ 'Budget Line Item 'I () 'f. (pg, C)6~ Purchase 11 .;;J.() C) 0 _Employment _Intergovernmental Agreement (Requires BOCC Action) Non Profit _Quasi-Public ,. O~I ~/N1rL. (!,()fJ'T1..ACr: ()3 ~ . ~f)O 2- Signatures Required: Under 25K - Department Head 25-50K - Department Head (if appropriate), Section Leader Over 50 K - Department Head (if appropriate), Section Leader, County Manager - Contractor/Business (Compl~~ N~e): J3Aa ~ A-Q.. "D 'Du~'E: LBo c:i12..~ co' (! 0 Contract Execution Date: 4/1- j,:Jt,t;3 Contract End Date: . Automatic Renewal (YIN): i Term year(s) ~ All Contracts should be proofed for the follOWi~ ~ . No Pages Missing . If a Page is Left Intentionally Blank - Note on Page . Page numbered consecutively . All Signatures Affixed . All Dates Filled In . All Other Blanks Filled In . All Exhibits Attached . All Legal Descriptions Attached (if appropriate) . Notice of AwardIProceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning! Archiving & -2 - D'''W~~ L.h. Authorized Staf son u.t~ _ ~ (J')-o..J tJ /- - Signature of 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 r~ ainage schedule. 1{"'-',iis,~'J h JOdi (j f ' 115 I pc) m}1 ww\glscanl1 ning \eounty contrac Is Inarralive Ie hec kl is Ishee I .. .' . ' AGREEMENT AMENDMENT This Agreement Amendment amends the agreement between Pitkin County, State of Colorado, herein called Sponsor and Barnard Dunkelberg & Company, Inc. Tulsa, Oklahoma, herein called Contractor, dated October 1, 2001. Under Section I. Scope of Contractor's Services of that Agreement, Sponsor and Contractor agree that the Scope of Services or Program Services attached as Exhibit A to the Agreement must be changed to include services required in connection with AspenlPitkin County Airport Noise Monitoring. A separate Scope of Work for Noise Monitoring is attached as Exhibit D hereto and incorporated herein. Witnesseth that for and in consideration of the terms, covenants, and conditions herein contained the parties have agree and hereby agree as follows: 1. The October 1,2001 Agreement is still in effect; this Amendment and the attached Scope of Services (Exhibit D) is in addition to the original Scope of Work (Exhibit A) of the Agreement. 2. Sponsor hereby engages Contractor and Contractor hereby agrees to perform services hereinafter described in connection with the AspenlPitkin County Airport Noise Monitoring. 3. The work to be performed will be in accordance with the Scope of Services marked Exhibit D and attached hereto and made a part hereof. Contractor will perform and carry out in proper manner the work shown in the attached Scope of Services. 4. All Federal Aviation Administration rules and regulations and other federal, state and local laws applicable to the accomplishment of this planning project will be compiled with in all respects. 5. Contractor represents that he has or will secure at his own expense all personnel required in performing the services under this Agreement. Such personnel shall not be employees of the Sponsor. All services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the project shall be fully qualified and shall be authorized under state and local law to perform said services. 6. Services of the Contractor are to commence as soon as feasible after the execution of this Agreement. This Agreement will be for a period of one year from Notice to Proceed, with four one year extensions. Each subsequent year's extension will be in writing mutually agreed upon by both the Sponsor and Contractor. 7. The Sponsor will pay to the Contractor for all work covered in Scope of Services marked as Exhibit D the total sum of $56,170 (Fifty Six Thousand, One Hundred Seventy Dollars and No Cents) per year, which will constitute full and complete compensation for the services described herein for the first year. Each subsequent year's fee will be negotiated, and based on annual appropriations. Said sum will be paid as work progresses on a Task Completion basis, billed monthly, in each case subject to receipt of a claim for payment from the Contractor specifying work that has been accomplished for which payment is requested. Payment will be made to Contractor within thirty days of receipt of invoice by Sponsor. A written review of the progress made on the project during the billing period will be submitted to the Sponsor. Sponsor shall have access to project books, documents, papers, and records of Contractor for purposes of audit, examination, and transcription for three years following final payment. The services shall include J- .... the costs of all travel, printing, postage, express delivery, long distance telephone, and any and all other expenses necessary to complete and deliver to Sponsor as appropriate, the work to be performed in accordance with the program of services. 8. All billings for services performed under this Agreement shall be made by the Contractor. Payment for the performance of work items under the Agreement, shall be made to said Contractor. 9. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligation under this Agreement or if the Contractor shall violate any of the covenants, agreements, or stipulations of the Agreement, the Sponsor shall there upon have the right to terminate this Agreement immediately by giving written notice to the Contractor of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, and reports prepared by the Contractor shall, at the option of the Sponsor, become the Sponsor's property. 10. The Sponsor may terminate this Agreement through no cause of the Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished to unfinished documents and other materials as described in Paragraph Nine (9) above shall, at the option of the Sponsor, become the Sponsor's property. If the Agreement is terminated by the Sponsor as provided herein, the Contractor will be paid an amount which bears the same ration to total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payment of compensation previously made. Provided, however, that if less than sixty percent (60%) of the services covered by this Agreement have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Contractor during the Agreement period which are directly attributable to the uncompleted portion of the services covered by this Agreement. If this Agreement is terminated due to the fault of the Contractor, Paragraph Nine (9), hereof, relative to termination, shall apply. 11. The Sponsor may authorize changes in the Scope of Services (Exhibit D) of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Sponsor and the Contractor, shall be incorporated in written amendments. 12. No officer, member or employee of the Sponsor who exercises any functions or responsibilities in the review of or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he, directly or indirectly, has an interest (b) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 13. The Contractor shall not assign any interest in the Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Sponsor thereto: provided, however, that claims for money due or to become due to the Contractor from the Sponsor under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment of transfer shall be furnished promptly to the Sponsor. -.3 14. All reports, information, data, etc., given to or prepared or assembled by the Contractor under this Agreement are confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the sponsor. 15. Title VI Assurances. During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations. Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (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 references and made a part of this contract. (2) Nondiscrimination. Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. 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. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontract or supplier shall be notified by Contractor of obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports. Contractor shall provide all information and reports required by the Regulations of 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 Sponsor or 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 furnished this information, Contractor shall so certify to Sponsor or FAA and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance. In the event of Contractor noncompliance with the nondiscrimination provisions of this Agreement, Sponsor shall impose such Agreement sanctions as it or FAA may determine to be appropriate, including, but not limited to: (a) withholding of payments to Contractor under the Agreement until the contractor complies, and/or (b) cancellation, termination, or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions. Contractor shall include the provisions of Paragraph 2 through 6 above in every subcontract, including procurements of materials and leases to equipment, unless exempt by the regulations or directives issued pursuant thereto. Contractor shall take such action with respect to any subcontract or procurement as y , Sponsor or FAA may direct as a means of enforcing such provision including sanctions for noncompliance. In the event Contractor becomes involved in, or is threatened with, litigation, Contractor may request the Sponsor to enter into such litigation to protect the interests of Sponsor. Contractor may also request the United States to enter into such litigation to protect the interests of the United States. 16. Equal Employment Opportunity And DisadvantagedlMinority/Women Business Enterprises (DBEIMBEJWBE). Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with DisadvantageslMinority/Women individuals and enterprises (DBElMBEJWBE). 17. During the performance of the Agreement, Ryk Dunkelberg, of Barnard Dunkelberg & Company, Inc., shall act as overall coordinator between the Contractor and the Sponsor. In the event of death or disability of the above named person, then the firm shall appoint some other principal to continue such coordination during the balance of this Agreement, upon approval of the Sponsor. 18. Notices to Sponsor shall be deemed given by written notice, personally served or sent by registered letter to James P. Elwood, Pitkin County Airport, Director of Aviation, 0233 E. Airport Road, Suite A, Aspen, Colorado 81611. Notice to Contractor may be in writing personally served upon the coordinator above specified or shall be sent by registered or certified mail to Ryk A. Dunkelberg, Barnard Dunkelberg & Company, Inc., 1616 East 15th Street, Tulsa, Oklahoma 74120, or to such other persons as the coordinator from time to time specified in writing on notice to Sponsor. IN WITNESS WHEREOF, the parties have executed this Agreement at Aspen, Colorado, this "7$ day of AJ'7~ 2003. , BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO BARNARD DUNKELBERG & COMPANY, INC. By: I By: Title: ~ RECOMMENDED FOR APPROVAL: PITKIN COUNTY MANAGER PITKIN COUNTY A TIORNEY By: Dr-'~~ ~ ~n Ely, Esq. j RISK DEPARTMENT By: Kris Jewkes PTTKIN COUNTY DIRECTOR OF AVIATION C By: ~~ ,,2 x~ mes P. Elwood, A.A.E. , Exhibit D Scope of Services Noise Monitoring Task One. Conduct Noise Measurement Survey In this task, the Consultant proposes to conduct a noise measurement survey at five (5) locations around the airport. These measurements are to be conducted during the winter and summer seasons to provide noise data for the worst-case conditions throughout the year. The cost for completing this task is based upon continuous measurements for a seven (7) day period. These measurements will be completed during one week in summer and one week in winter. The measurement locations would be the same locations that were used in the previous noise measurement programs at the airport. The measurement survey will be well documented, with the report containing site information, ambient non-aircraft noise levels and all pertinent meteorological data as it affects noise propagation. Meteorological data will be gathered as well. An experienced engineer in the field of acoustics and noise measurement will man all monitoring. The following reports and analysis will be completed on the measurement data. ,/ Continuous one-second time history noise plots for one or multiple sites. ,/ Calculates noise events, hourly and daily statistics from the one second data. ,/ Various reports on noise events, hourly, daily, and periodic statistics that can be used to help review and analyze the data. The noise measurement data will be correlated to the aircraft that caused the noise event. This is accomplished by field observations and by use of flight data from the national airspace system database. This database gives information as to the departure and arrival records from instrument operations at all airports. The noise measurements made, as part of this noise study will be cotlsistent with state-of- the-art noise measurement procedures and equipment. As such, they must consist of measuring the A-weighted decibel in accordance with procedures and equipment that comply with specific International Standards (lEC), and measurement standards established by the American National Standards Institute (ANSI). These standards describe what type of equipment must be used, the operating characteristics of the equipment, the accuracy of the equipment, and the basic procedures for making outdoor aircraft measurements. Task Two. Develop Airport Noise Contours Integrating airport operational data from annual aircraft logs as well as the results of the winter and summer noise measurement survey, the Consultant will generate an existing conditions noise contour for the airport. The flight track assumptions will be updated to reflect any operational changes that have occurred at the airport. The product of this task will be an airport noise contour map depicting the 45,50,55,60,65, and 70 DNL noise contours. 'l / . Generating accurate noise contours is largely dependent upon the use of a reliable, validated, and updated noise model. The Federal Aviation Administration's Integrated Noise Model (INM) Version 6.0c (AEE-lOO) will be utilized in establishing noise contours for this analysis. This is the most recent computer model available for modeling aircraft noise exposure and incorporates a number of new models of aircraft. Task Three. Document Study Findings In order to depict the relative loudness of these aircraft, graphs will be prepared that depict the noise levels for the aircraft in relation to the aircraft measure during previous measurement surveys. The results will depict the noise levels in relation to aircraft type, compliance with noise abatement procedures and with respect to measurements from previous years. This single event noise levels and the cumulative noise levels (DNL) will be presented. Comprehensive documentation of the results is an important aspect of the study. It is particularly important to be able to communicate the ideas, thoughts, findings, and recommendations of the project in a clear and concise manner. The results of the analysis will be summarized for use in presenting the issues relative to noise to the local community. Additional Part 161 Review and Update Task Four. Additional Part 161 Evaluation This Task includes additional Part 161 review and documentation. The actual time and expense required to accomplish this Task is unknown, due to the nature of uncertainty associated with the Part 161 Process. However, work under this Task will be closely monitored and will be conducted on an hourly plus expenses basis, with a not to exceed yearly total for the full Scope of Service. r