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HomeMy WebLinkAboutbocc.con.154.2006 Check Contract Type: ---X Services Maintenance License/U se Lease ~onstruction ~ Grant Agreements (Requires BaCC Action) ~ Change Order/Contract Amendment Other CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: (/2..PO,,--r- Contact Person: VL.JlaJf!!r I J...D1J'T1+ I .s Phone #: 2) - .:28'5 Project Name COJJrfLAC!, ~ Contract #: oS - 2- et'tn-'(~ UfL<:;;; ~ - O~OI t'-l ~ BOCC AGENDA ITEM STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code7/2005) NOwS - OAJqOIlI.X.1 ey Mwe-'PIl1 eN-r Dollar Amount: $ Budget Line Item ~ IV 0 _Purchase "/.10 c.o De- _Employment _Intergovernmental Agreement (Requires BaCC Action) Non Profit Quasi-Public 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 M PrSiER ~DO(, -,;2,.t> 10 (! &1JTf-Acr - , Contractor/Business (Complete Name): ~'AQ~ ~ f>V(2.6(30~ I~C-- Contract Execution Date: (;)1 0 I 0 (, Contract End Date: 0 3 I I ..+a I 0 Automatic Renewal (Y/N): N Term year(s) All Contracts should be proofed for the following: . 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 Award/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning! Archiving ...::J-o(~ Authorized Staff Person Date: '6/I~ 100 . . 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 retainage schedule. "';oj".) ;'.1 lr,,..!i (I. ".., ':i I pcj mil wwlg\scann!ll ng\culln~v contracts \narratlve \checkl istsheet CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Carter & Burgess, Inc (hereinafter "Engineer"). 1. Term. This Contract is for a term of five (5) years commencing on JAt>J \ ,2006. This Contract shall continue through the completion of any amendments that maybe executed under this contract. Under no circumstances shall this Contract continue beyond January 31st, 2010. 2. Engineer's Obligations. Engineer shall perform services as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. In the event of any conflict between the terms of this Contract and the terms of Exhibit A, this Contract shall control with the exception of Federally required clauses located within Exhibit A identified as: A. CIVIL RIGHTS ACT OF 1964, TITLE yI - CONTRACTOR CONTRACTUAL REQUIREMENTS, B. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS C. DISADV ANT AGED BUSINESS ENTERPRISES, D. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES, E. ACCESS TO RECORDS AND REPORTS, F. BREACH OF CONTRACT TERMS, G. RIGHTS TO INVENTIONS H. TRADE RESTRICTION CLAUSE L TERMINATION OF CONTRACT L CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The parties recognize that these Federal Clauses may be revised from time to time by the Federal Government. 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Engineer for its services in accordance with the Project Budget and Schedule set forth in Exhibit A. The total compensation and reimbursement to be paid hereunder shall be defined as set forth in Exhibit A and amendments thereto. Payment of ten percent (10%) of each invoice will be withheld by the County until the Engineer's obligations are completed or each separate task identified in Article I of Exhibit A is complete. In the event the Engineer incurs time and expenses in excess of the total compensation provided for in Exhibit A and amendments, no compensation for said additional time and expenses shall be required to be paid by the County without written amendment to this contract executed by the County. r 4. County'S Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by the Engineer in connection with this contract shall be the property of the County. However, the Engineer shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. The Engineer assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: I) 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. Then Engineer shall have right to use 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. David Ulane will manage the project as the County's Representative. In the event that Mr. Ulane is not available, James Elwood shall assume the County Representative's duties. The services provided and products delivered by the Engineer under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Engineer'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 Engineer 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 Engineer pursuant to this contract shall become the County's property. Engineer 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. Notwithstanding the above, Engineer 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 Engineer. 7. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractors. Engineer, and any agent, employee, or servant of Engineer shall not be deemed to be an employee, agent, or servant of Pitkin County. B. The Engineer is not required to offer his services exclusively to Pitkin County under this contract. The Engineer may choose to work for other individuals or entities 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. All work produced and services provided in the performance of the Engineer's obligations under this contract will conform to levels of care, skill and diligence exercised by similarly situated, qualified and experienced professionals under similar circumstances. :; D. The Engineer 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. The Engineer is not entitIed 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 Engineer for services in excess of 20% of the contract amount for performance of this contract must be accepted in writing by the County. 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. II. Integration and Modification. A. This contract, including Exhibit A hereto, represents the entire and integrated contract between the County and the Engineer 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 Engineer. B. The County may, from time to time, request changes in the scope of services of the Engineer to be performed hereunder. Such changes, including the increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon between the County and the Engineer, shall be in writing and upon execution shall become part of this contract. 12. Indemnitv. A. The Engineer (including, by definition here and hereinafter, its officials, employees, agents and representatives, successors, parent and affiliated companies, subcontractors and suppliers), shall and hereby does release, discharge, indemnifY and hold hannless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation 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, property damage, delay damages, contract damages, liquidated damages or loss of liquidated damages, and any other damages or judgment of any kind \-{ arising out of, related to, or connected with any negligent act, intentional act, error or omission by the Engineer, and for any consequential liability alleged to accrue against the County on account of the Engineer's negligent 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 ofthe County or its employees. 13. Insurance. A. In whole or in part, the Engineer shall secure and maintain for the term of its contractual relationship with the County 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, delay damages, contract damages, liquidated damages or loss of liquidated damages, and any other damages or judgment of any kind which may arise out of or result from the Engineer'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 re- quired: 1. Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial General Liability- ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit $1.000,000.00 General Aggregate Limit $3,500,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place X by applicable provisions] : Premises/Operations Underground, Explosion & Collapse Hazard Products/Completed Operations Contractual Liability Independent Contractors and Subcontractors Broad Form Property Damage Personal Injury X X X X X X 3. Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Including all owned, non-owned, and hired vehicles. 4. Special Coverages (check as appropriate and insert amount): (1) Performance Bond Labor and Material Payment Bond j. _X_ (2) Professional Errors and Omissions (Coverage Limit of $10 Million) (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 commencement 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 Procurement Officer. (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). 2. In addition, these Certificates of Insurance 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 ofthe Engineer. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's to 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 Engineer shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of seven (7) years after final payment under the contract and the County shall have the right within the seven(7) 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. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, 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. The Engineer 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 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 shall be construed or interpreted to require or provide for indemnification of the Engineer 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, or from which the County otherwise would itselfbe immune pursuant to the COlA. 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 sums 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 1 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: A. To Pitkin County 0233 East Airport Road, Suite A Aspen, CO 81611 Attn: David Ulane with copies to: Pitkin County Attomey's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 B. To Engineer: Carter & Burgess, Inc. 707 17th Street, Suite 2300 Denver, CO 80202 Attn: Vince Maglischo q; IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. ENGINEER: By: Title PITKIN COUNTY: ~ Department Head S-I\I-olo Date ~Q '40."O~ ectI n ead . Date ---j5.Az:i!.-c....,..-D-'t.... tiP AV:I4'11 o,J By: q EXHffiIT A DETAILED SCOPE OF WORK Pitkin County, Colorado hereinafter called the "Sponsor", agrees to retain, effective when the contract is executed, the firm of Carter & Burgess, Inc. hereinafter called the "Engineer" to perform the scope of engineering services as outlined below, hereinafter called the '"Project" at the Pitkin County Airport, Colorado. ARTICLE 1. PROJECT The Scope of work contemplated under the Contract with regard to the Project is for engineering services for improvements to the Pitkin County Airport. Said improvements may include, but are not limited to, the following items: I. Design and construct auto parking 2. Design and construct parking garage 3. Design and construct sewer water lines and other utilities. 4. Design for runway extension 5. Other engineering projects as needed ARTICLE II. SERVICES The Engineer's services rendered for the above described scope of work will be according to the following schedule: PART A BASIC SERVICES (PRE-APPLICATION, APPLICATION, AND DESIGN/ENGINEERING) A. As requested, assist the Sponsor in the preparation of the Pre-application and application. Prepare the Program Sketch, Program Narrative, and Engineer's Estimate and assist the Sponsor with the required Statements and Notifications, the Environmental Documentation, and the State and Regional reviews as required; 1. Consult/coordinate with Airport users, FAA, Airport staff, City, County, and other interested parties; 2. Review, update and revise as necessary, all airport drawings that maybe applicable to the project design; (Note: Engineer understands that the Pitkin County Airport utilizes GIS and that the Engineer will need to supply data in a form suitable for use by Pitkin County. ) 3. Arrange for and conduct pre-design conference. }o 4. Prepare preliminary plans, specifications, contract documents, and cost estimates for the design to be approved by the Sponsor and the FAA; 5. Provide acceptable Airport Layout Plan, Exhibit I, and associated drawings, as required; 6. Prepare and submit final plans, specifications, and contract documents for approval by the Sponsor and the FAA prior to advertising for bids; 7. Prepare a Design Engineer's Report, including estimates of final quantities and construction costs. The report will be submitted with the final plans and specifications to the Sponsor and the FAA; 8. Prepare or assist in the preparation of the Application for Federal Funds and the Property Map; 9. Coordinate the establishment of bid proposals into schedules to allow flexibility of award to match the funds available; 10. Provide complete sets of approved plans, specifications, and contract documents for the bidding of the project both in hard copy and electronic format; 11. Arrange for and conduct Pre-bid Conference and job showing; 12. Assist with the bid opening and processing of bid documents and make recommendations to the Sponsor for award of contract schedules; 13. Perform miscellaneous engineering services as requested by Airport Management. 2 \\ PART B SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/FIELD ENGINEERING) I. SOILS AND PAVEMENT INVESTIGATIONS (FOR DESIGN) Perform soils and/or pavement testing and investigation of proposed construction areas as required for design. 2. TOPOGRAPHIC SURVEYS (FOR DESIGN) Perform topographic surveys of proposed construction areas as required for design. 3. FIELD ENGINEERING Arrange for and conduct Pre-Construction Conference. Provide complete resident engineering coordination of the construction work with sufficient qualified inspectors who shall be present during all construction operations, to assure that construction is accomplished in accordance with the plans and specifications. It is expressly understood that the term "engineering coordination" does not mean that the Engineer will assume any responsibility that usurps or replaces the duties and authority of a construction superintendent or other contractor agent charged with responsibility for the construction operation. The Engineer, in carrying out his responsibilities for engineer coordination, shall endeavor to guard the Sponsor against defects and deficiencies in the permanent work constructed by the Contractor retained to construct improvements covered by the Contract, but the Engineer does not guarantee the performance ofthe Construction Contractor. The above disclaimers do not in any way abrogate the responsibility of the Engineer as agent for the Sponsor to exercise technical competence, expertise, skill and engineering judgment so that the Contractor's construction products are provided in accordance with the construction contract documents. The Engineer shall issue such instructions to the Contractor's Construction Superintendent as are necessary to protect the Sponsor's interest to the same extent as would the Sponsor himself, jfhe were present and equipped with the requisite knowledge, skill, competence, expertise, and engineering judgment. The Engineer shall provide sufficient surveys, observe and check surveys conducted by the Contractor, in accordance with the plans and specifications. The Engineer shall conduct materials tests required by the FAA and/or observe and evaluate all such tests made by the Contractor in the field and in the laboratory as necessary in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor and the FAA. Some test results will be available on the same day tests are taken and others within 24 hours. 3 \V The Engineer shall act as the Sponsor's agent during construction to protect the Sponsor's interest and shall have the obligation to recommend to the Sponsor that the construction be stopped if not in accordance with the plans and specifications. The Engineer will furnish the Sponsor and the FAA a weekly construction progress and inspection report if requested. The Engineer shall prepare all addition and deletion change orders and supplemental agreements as required. After acceptance of the Construction Contract by the Contractor, copies will be submitted to the Sponsor and the FAA for approval and signature before proceeding with the work. The Engineer shall prepare periodic estimates during the construction of the project and shall prepare the final estimate when the work is completed. Periodic estimates shall be submitted regularly to the Sponsor for the concurrence and submittal to the FAA for Federal participation payment requests. The Engineer shall review the submitted weekly contractor's payrolls, check shop drawings, and construction submittal; and prepare and maintain necessary records of construction progress. When the project has been completed and is ready for final acceptance, the Engineer shall arrange for inspection of the finished work by the FAA, the Sponsor, the Contractor, and the Engineer, following which the final estimate for the work will be considered by the Sponsor. The Engineer shall periodically submit Request For Reimbursements in 3 complete sets for the Sponsor's signature, payment of the invoices, and draw down on the grant. Upon acceptance of the project, the Engineer shall prepare the "Record Drawing", including any field surveying required to compute final quantities, and the Construction Engineering Report, and shall provide the Sponsor and the FAA with one (I) set of reproducible "Record Drawings", and one (1) copy of the Construction Report. Additionally, the Engineer shall provide the Sponsor with a copy of all specifications and plans in electronic form. On completion of the project, the Engineer shall prepare and supply the Sponsor with an Airport Maintenance Program for the improvements constructed under the Project. PART C CHANGE OF SCOPE Any change in the scope of the Project as outlined in Article I, or the services outlined in Article II, in Parts A and B, and/or delays (including completion of the work in more than one project) by the Sponsor, resulting in extra expense to the Engineer, shall be considered beyond the normal scope of this contract. In addition to the foregoing services, the Sponsor may require additional services such as property surveys, descriptions ofland, easements, redesign or major changes of the concept after the FAA has approved final plans or concepts. Payment to the Engineer for such work because of the change in scope of the project shall be negotiated at the time ofthe anticipated change and it shall be mutually agreed to by amendment of this contract. 4 \3 ARTICLE III. GENERAL PROVISIONS l. The Engineer further agrees that: I. The Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any oftheir designated representatives shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to the grant program for the purpose of audit examination, excerpts, and transcriptions. 2. Title VI Assurances During the performance of this contract, the Engineer, for itself, it assignees and successors in interest agrees as follows: a. Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in Federally assisted programs ofthe Department of Transportation (hereafter "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 ofthis contract. b. Nondiscrimination. The Engineer, 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 and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer 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. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer 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 Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directi ves 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 the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5 )~ e. Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to withholding of payments to the Engineer under the contract until the Engineer complies, and/or cancellation, termination, or suspension of the contract, in whole or in part. 3. The Engineer has formulated, adopted, and actively maintains an affinnative action plan in compliance with Executive Order No. 11246 entitled, "Affirmative Action to Ensure Equal Employment Opportunity", and to the provisions of Department of Transportation Regulations 49 CFR Part 26, entitled "Disadvantaged Business Enterprise Participation." The Engineer does not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Goals and targets are specified in the affirmative action plan to assure its implementation. 4. All services performed shall be in conformance with any and all applicable rules and regulations of the Federal Aviation Administration. 5. Reasons for which the Contract may be terminated for default include, but are not limited to, sub-standard or uncompleted work by the Engineer, lack of diligence by either party, inability to meet mutually understood specified time constraints by either party, or failure of the Sponsor to provide civil, structural, mechanical, or other details of systems existing at the site. 6. Ownership of Project Documents. The final plans and specifications shall be the property ofthe Pitkin County; the Sponsor will be provided one (1) set of printed plans and one (1) set electronic data in form acceptable to Pitkin County. Sponsor may use those plans in any manner he wishes, provided the Sponsor agrees to save and hold the Engineer harmless for any liability resulting from such reuse, unless the Engineer's services are engaged in the repeated project or projects. The Sponsor may obtain other project documents including estimates, survey notes and daily construction reports upon request. 7. Breach of Contract Terms, Sanctions. Any violation or breach of the terms of this contract on the part of any or all of the Engineer's subcontractors may also result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this Contract. 8. The Contract consists of the documents listed below and references to Contract, Contract Documents, or Agreement includes all such documents. In the event that any provision of one Contract Document conflicts with the provision of another, the provision in the Contract Document listed first below shall govern, except as otherwise spedfically stated. A. Contract for Provision of Services B. Exhibit A Detailed Scope of Work C. Amendments to the Engineering Contract; D. Request for Qualifications; 6 \6 E. Proposal; F. Notice of Award; G. Notice to Proceed; H. Project Drawings and Specifications; I. Any modifications, change orders, shop drawings, schedule of values, or other such revisions properly submitted and accepted or authorized after the execution of the Contract; II. The Sponsor agrees that: I. The Sponsor shall make available to the Engineer all technical data, that is in the Sponsor's possession including maps, surveys, property descriptions, borings, and other information required by the Engineer in relation to his work. 2. The Sponsor agrees to cooperate with the Engineer in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a timely decision in order that no undue expense will be caused the Engineer because of lack of decisions. If the Engineer is caused to incur other expenses such as extra drafting, due to changes ordered by the Sponsor after completion and approval of the plans and specifications, the Engineer shall be equitably paid for such extra expenses and services involved. 3. The Sponsor shall pay publishing costs for advertisements of notices, public hearings, requests lor bids, and other similar items; shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secure the necessary land, easements, and right of way required for the project. III. Fees for services listed under Article II will be negotiated at a later date when the project scope is defined. These fees will be formalized by means of an amendment to this contract. IV. An opinion of construction costs prepared by the Engineer represents his judgment as design professional and is supplied for Sponsor's guidance. Since the Engineer has no control over the cost oflabor and material, or over competitive bidding or market conditions, the Engineer does not guarantee the accuracy of its opinion as compared to contractor bids or actual cost to the Sponsor. 7 ,~ NOTICE OF AWARD Date: ,20_ TO: The Owner, having duly considered the Proposal submitted on May 20, 2004, for the work covered by the Contract Document titled Pitkin County Construction Contract Agreement in the amount of , and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the otfer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement and Bonds in three copies within ten (10) consecutive days from and including the date of this Notice of Award. In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to James P. Elwood, A.A.E., Director of Aviation, 0233 East Airport Road, Suite A, Aspen, CO 81611; fax 970-920-5378. The Bid Security submitted with your Proposal will be returned upon execution of the Agreement, furnishing of the required Bonds and Certificate of Insurance within the time limit specified. In the event that you should fail to execute the Agreement and Bond within the time limit specified, said Security will be retained by the Owner as liquidated damages and not as a penalty for the delay and extra work caused thereby. PITKIN COUNTY By: James P. Elwood, A.A.E. Director of Aviation -====-====--===-~====-===ACCEPT ANCE OF NOTICE~-===~-====~-====-====-====~~ Receipt ofthe above Notice of Award is hereby acknowledged By this day of ,2002. Title 8 \l NOTICE TO PROCEED DATE: TO: FROM: Aspen/Pitkin County Airport You are hereby authorized to proceed on or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: Pitkin County Construction Contract Agreement for the sum of ($ ). All required permitting should be approved and on site prior to commencement of work. By: James P. Elwood, A.A.E. Director of Aviation 9 ~~