Loading...
HomeMy WebLinkAboutbocc.con.189.2006A CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: A I t< pc; "'-I Contact Person: I:1+VI 0 ~ Phone#: l./.:2-q. ~S-'3 Project Name A I r< P on:, ~ /-;Contract #: I '8? . .J (J7J Ir . .5: BOCC AGENDA ITEM x.. STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code7/2005) <IJ,.JIf. 3 () 0 . o-t) Ai Dollar Amount: $ Budget Line Item 'I u '1-.;;2. S".r _Purchase fr ~8a:3 _Employment _Intergovermnental Agreement (Requires BOCC Action) Non Profit - _Q"",,-P"bliC 'ii~~ -# )3 L(, :;U!O & Check Contract Tvpe: Services Maintenance License/Use Lease _Construction -V- Grant Agreements (Requires BOCC Action) --e- Change Order/Contract Amendment ______Other 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 ContractorlBusiness (ComPzt~ Name): CAll-Tete.. 13 GJ~ ~ Contract Execution Date: 6 ~to Contract End Date: Automatic Renewal (Y/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 . AU Dates fjlled In · All Other Blanks Filled In . AIl Exhibits Attached · AU Legal Descriptions Attached (if appropriate) · Notice of AwardIProceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning! Archiving c7'~ Authorized Staff Person Date: II 2.1 o~ 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. pcjmj\wwlg\scannninglcDunty contractslnarrative \checklistsheet Rt~viSf:'d hyJodi {i/l.?'YJ5 r . . . C-B No. 072431.121 AMENDMENT NO. ONE (I) TO CONTRACT DATED JANUARY I, 2006 BETWEEN CARTER & BURGESS, INe. AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS PIT~ COUNTY, COLORADO The Sponsor and the Engineer (here after referred to as Engineer or Contractor interchangeably) agree to amend their contract for improvements to Pitkin County Airport, Colorado to include fees for engineering services. The improvement Item No.5 is included in the Scope of Work of the original contract. The items covered by this amendment are detailed in the scope of work attached hereto as Exhibit A, which scope of work is incorporated herein by this reference, and are generally described as follows: Item No.5 Other Engineering Projects as Needed - Airport Ranch Environmental Services The Sponsor agrees to pay the Engineer for the services listed under Article II of the original contract in the following manner: PART A - BASIC SERVICES Item No 5: Task I Septic System & Water System Public Health Review ...Lump sum of$ 14,500.00 Task 2 Phase I Environmental Site Assessment............................. Lump sum of$9,800.00 Method of payment shall be as follows: Interim payments up to 90 percent based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. The remaining ten percent to be paid upon Notice to Proceed for construction, or, in the event the Sponsor does not elect to proceed with construction, the remaining ten percent to be paid upon receipt of request for payment from the Engineer. Page I of7 ?- PART C - ASSURANCES . 1. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 During the performance ofthis contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: · Compliance with Regulations. The Engineer 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. · Nondiscrimination. The Engineer, with regard to the work perfomled 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. . · 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. · Information and Reports. The Engineer 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 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. · 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: a. 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. . b. Page 2 of7 ~ . . Incorporation of Provisions. The Engineer shall include the provisions of paragraphs one through five (Compliance with Regulations, Nondiscrimination, SolicitationsforSubcontracts, Information and Reports, and Sanctions for Noncompliance) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer 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 Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Engineer 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 47I23;AC 150/5100-15, Para. 10.c. . The Engineer 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 tenant/concessionaire/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 Engineers, this provision binds the Engineers from the bid 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. DISADV ANT AGED BUSINESS ENTERPRISES Reference: 49 CFR Part 26 . Contract Assurance (~26.13) - The Engineer or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Engineer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these 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. . . Prompt Payment (~26.29) - The prime Engineer agrees to pay 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 Engineer receives from Sponsor. The prime Engineer agrees further to return retainage payments to each subcontractor within Fifteen (15) days after Page 3 of7 q . . . 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 ofthe Board. This clause applies to both DBE and non-DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR Part 20, Appendix A . No Federal appropriated funds shall be paid, by or on behalf ofthe Engineer, 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. . If any funds other than Federal appropriated funds have been paid or will 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 Engineer shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. V. ACCESS TO RECORDS AND REPORTS Reference: 49 CFR Part 18.36(1); FAA Order 5100.38 The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General ofthe United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer 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 Engineer 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. Page 4 of7 ~ . . . VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(i)(8); FAA Order 5100.38 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 Engineer 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. 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 Engineer or subcontractor who is unable to certifY to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service ofa 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 Engineer 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 Engineer may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the sponsor if the Engineer 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 Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation offact upon which reliance was placed when making the award. If it is later determined that the Engineer 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. Page 5 of7 ~ . 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 Engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 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 subject to 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 . 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. . 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. . . If the termination is due to failure to fulfill the Engineer's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. . If, after notice of termination for failure to fulfill contract obligations, it is determined that the Engineer 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. . 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, INELIGIBILITY 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 Page 6 of7 1 . . . bidder/offeror/Engineer or any lower tier participant is unable to certifY to this statement, it shall attach an explanation to this solicitation/proposal. All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this STlI S~I'N:H -. 2006 day of SPONSOR: PITKIN COUNTY COLORADO By Attest ~ ..~ ~ ~- 10 ',~" - ~ ENGINEER: i Carter & Burgess, Inc By ~ ,{'d/ ~---- / Randolph C. Pierce Vice President Page 7 of7 9) . . . EXHIBIT A AIRPORT RANCH ENVIRONMENTAL SERVICES SCOPE OF WORK FOR ASPEN-PITKIN COUNTY AIRPORT ASPEN, COLORADO Overall project understanding Pitkin County purchased the Paepcke Airport Ranch in the late 1980s after the parcel had been occupied for ranching and various business purposes since the 1950s. Included with the parcel was a tenant, the ranch manager, who has been on the site for more than forty years. Mr Lada Vrany has maintained the ranch, and operated a small construction company from the site. In recent years, the ranch manager appears to have added tenants and storage capacity in return for rent. This includes at least seven individuals and possibly business storage for a landscaping company. Pitkin County identified the property as not conforming with Pitkin County zoning requirements. The County is proceeding with legal steps to remove unsafe items, unusable structures, and miscellaneous items including cars, trailers, campers, and possibly abandoned personal property from the site. There is a possibility of hazardous material on the site that may also need to be addressed. A cease and desist order was issued by the County for uninhabitable structures based upon lack of basic sanitary needs. The County would like to determine the extent of basic sanitation requirements, and quantifY the possible environmental concerns at the site after more than 50 years of habitation. Three tasks have been identified for this project. Each may be individually directed to proceed and costs will be lump sum per item. Task 1: Septic system and Water system public health review. Project Understanding The project includes investigating alternatives and providing engineering solutions to supply a single family residential home and a separate mobile home with drinking water and sanitary services. The property currently operates with an outdated water supply and two failing septic systems. These systems have been identified through a public health cease and desist order to be not in compliance in local or state requirements. Scope of Work Rev. No.3 lof4 Aspen-Pitkin County Airport Aspen, CO C.\Documenls and Sattings\persichellisalLocal Settings\Temporary Internel Fifes\OlKS7\A1RPORT RANCH ENVIRONMENTAL SERVICES rev::! (2l.doc q . Scope of Work- The first task in this project will be a site visit investigation to outline the problem specifics. Two or three engineering alternatives will then be explored in memo form and submitted to the county for distribution/discussion. The memo will include costs for each alternative. The drinking water treatment system will most likely involve addition of an off-the-shelf residential water treatment system. If a more complex system is required this additional engineering is not included in this scope. Replacement of the sanitary system, is a more involved process. Our scope under this task will be to design the system, coordinate the survey and geotechnical work required, obtain the Pitkin County Environmental Health Department approval and assist in the procurement process. Deliverables: Alternatives memo with costs and a septic design with all coordination necessary for county approval. This scope excludes construction services and any review costs by County Officials (estimated at $1,200). . Task 2: Phase I Environmental Site Assessment The following is a description of the Phase I Environmental Site Assessment (ESA) process that will be performed for an approximately 15-20 acre parcel located on Owl Creek Road in Pitkin County. . Environmental Site Assessments (ESAs) are a standard practice for most commercial and industrial property transactions. A Phase I ESA is designed to identify on-site and off-site recognized environmental conditions, which are activities or conditions, past or present, which may have resulted in on-site environmental contamination. Phase I ESAs are research-based, and typically include: · Reviews of regulatory databases regarding such issues as underground storage tanks (USTs), hazardous waste facilities, solid waste facilities, and spill incidents; · Interviews with site owners, managers, or other parties familiar with a property and its history; . A review of historical data sources such as business directories, aerial photographs, and fire insurance maps to evaluate the historical setting and uses ofthe site and surrounding properties; . Where necessary. review of specific regulatory files for nearby properties with known environmental issues that may pose a risk to the subject property; Scope of Work 2 of 4 Rev. NO.3 Aspen-Pitkin County Ailport Aspen, CO C:\Documenls and Setlings\persichetlisalLocal Settings\Temporary Internel Files\OLK57\AIRPORT RANCH ENVIRONMENTAL SERVICES rev3 (2)dac \D . . . . A site inspection to look for visual evidence of potentially adverse operations, practices, or land uses; . A report summarizing findings of the study, including site photographs taken during the site inspection. At the client's request, a Phase I ESA may be expanded to include testing for other potential hazards, such as radon gas, asbestos-containing materials and/or lead-based paint. The client is obligated to provide whatever existing site information is available, including previous reports, knowledge of onsite environmental issues, ownership history information, a survey of the property, and written permission for service providers to gain access to the site under assessment. Should a Phase I ESA reveal recognized environmental conditions associated with a property, the client may desire to obtain a more comprehensive view of those environmental conditions by contracting for a Phase II investigation. Where time is an important factor, a Phase II investigation can be planned and executed based on the preliminary findings of a Phase I ESA or other investigation. Deliverables: Phase I Report Location mapping of significant features Task 3: Phase II Environmental - If, during the preparation of the Phase I Environmental Site Assessment (ESA), recognized environmental conditions are identified in connection with the subject property, a Phase II Environmental Site Assessment may be recommended in order to evaluate potential contamination at the site. Recognized environmental conditions are the presence or likely presence of any hazardous substances, hazardous waste or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any such substances into structures on the property or into the ground, groundwater, or surface water of the property. A Phase II Environmental Site Assessment may include some or all of the following: · Soil sampling in areas of observed staining or other indication of contamination · Subsurface sample collection to evaluate depth of contamination . Groundwater sampling to evaluate possible contamination in groundwater · Sampling of building materials to evaluate the possible presence of asbestos and lead- based paint · Laboratory analysis of soil and groundwater samples for the possible presence of constituents of concern; common laboratory analytical methods include analysis for Scope of Work Rev. NO.3 30f4 Aspen-Pitkin County Airport Aspen. CO C:\Documents and Settings\perslchettisa\Local Settings\Temporary Internet Files\OLK57\A1RPORT RANCH ENVIRONMENTAL SERVICES rev3 (2).doc Il . . . Volatile Organic Compounds (VOCs), Semi-volatile Organic Compounds (SVOCs), 8 RCRA Metals, Chlorinated Pesticides, and Petroleum Hydrocarbons (TPH) Estimated costs for Phase II ESA Service include: · Rotary Drilling Rig for collection of sub-surface samples $1,500-$1,700 per day · Daily rate for field sampling - soil and groundwater sample collection: $1,100 per day · Soil sample analysis for VOCs - Method 8260 $175 per sample . Soil sample analysis for SVOCs - Method 8270 $335 per sample . Soil sample analysis for 8 RCRA Metals $120 per sample · Soil sample analysis for TEPH $90 per sample . Soil sample analysis for Pesticides $145 per sample Labor rates for field personnel will be based upon the following guidelines: Senior Project Manager - $140 Senior Project Engineer - $110 Environmental Technician - $80 CADD Technician -$75 Upon completion of Phase I services, Carter & Burgess will await direction from Pitkin County on proceeding on Phase II services. At the request of Pitkin County, the above will be amended and a fee will be developed for approval for the recommended course of action. Deliverables: To be determined. Costs: Task I: $14,500 Lump Sum Task 2: $9,800 Lump Sum Task 3 Rates are included in the attached scope. Fee to be negotiated. Scope of Work Rev. NO.3 40f4 Aspen-Pitkin County Airporl Aspen. CO C:\Documents and Settings\persichettisa\Local Settings\Temporary Intemel Files\QLK57\AIRPORT RANCH ENVIRONMENTAL SERVICES rev3 (2).doc \V"