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HomeMy WebLinkAboutbocc.con.157.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 157-2007 Originating Department/Division: Airport Contact Person: David Ulane Phone #: 429-2853 Project Name: Green House Gas Emissions o BOCC AGENDA ITEM (BOCC signature required) ~STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: DNone DInformal ~Formal DSole Source DEmergency DState Bid 0 Check Contract Tvpe: Dollar Amount: $40,000 Budget Line ItemILedger Number 404.67.00000.82009 ~ Services/Maintenance DLicense/Use DLease DConstruction DGoods, Equipment, Supplies DOther (e.g. revenue) DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Contractor/Business Contract Execution Automatic Renewal Barnard Dunkelberg 08/01/2007 N Complete Name: Joyce Benge Contract End Date: 12/31/2008 Term of Contract: 08/01/2007-12/31/2008 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 (ifappropriate) ~Notice of Award/Proceed Attached (if appropriate) DSpecial Instructions for Finance Department: ~Sent to Clerk and Recorder for Scanning/Archiving ~Authorized Staff Person' s Name: David Ulane BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 10 16 06 \ ~ ~~j I ,.:~ Rev8/28/06dq CONTRACT FOR PROVISION OF SERVICES Contract #157-2007 Budget Line Item #404.67.00000.82009 THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Barnard Dunkelberg, Inc. (hereinafter "Contractor"). 1. Term. The term of this contract is from August 1, 2007 to December 31, 2008. At the expiration of the initial term, the contract may be extended for an additional term of two years by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall perform aviation environmental services as outlined in the attached Scope of Work dated April 2, 2007. 3. Compensation and Expenses. Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $40,000.00 (forty thousand dollars and zero cents US) for ail services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use 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 David Ulane is not available, Jim Elwood shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. I 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent Contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or 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. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions- of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 8. Assignabilitv. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 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 ofthe arbitration shall be awarded to the substantially prevailing party. 2 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 11. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers). shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penal- ty, 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 or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omis- sions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, payor settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: 3 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 $2.000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): L Premises/Operations Underground, Explosion & Collapse Hazard L Products/Completed Operations L Contractual Liability X Independent Contractors and Subcontractors L Broad Form Property Damage L Personal Injury 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 (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to 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 aitered" shall 4 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). Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2. In addition, these Certificates 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 of the Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 14. Exemptions. All purchases of construction, building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000- 5K. 15, Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. 16. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 5 17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections proVided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., eR.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 Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 19. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the 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 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 David Ulane Aspen/Pitkin County Airport 0233 E. Airport Rd., Suite A Aspen, CO 81611 Fax: 970-920-5378 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 6 B. To Contractor: Ryk Dunkelberg Barnard Dunkelberg, Inc. 1616 E 15th St. Tulsa, OK 74120-6008 21. Compliance with House Bill 06-1343. A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 enacted by the General Assembly of the State of Colorado: 1. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security] that the Contractor does not employ any illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 7 b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. Ii 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as ofthe date first set out herein above. CONTRACTOR: By: fO IncJ7 Date Title PITKIN COUNTY: (..7~"" .(~..........'?.. C~'H.t' ) By:~ .r -4'A(~ Authorized Signee' /0'" ':""7 Date 8 Aspen Pitkin County Airport Greenhouse Gases Scope DRAFT Greenhouse Gases Scope This working paper discusses the proposed scope of work necessary to prepare an update of the airport-related greenhouse gas (GHG) emissions inventory completed as part of the Canary Initiative. The proposed protocol identiiies the approach to update the quantiiication of airport- related GHG. This update will be prcpared in such a manner as to note the contribution of emissions by various source types and activities in a more detailed way than the initial inventory. Based on available data, it is recommended that emissions be updated to 2006. 1. AIRCRAFT EMISSIONS Aircraft greenhouse gas emissions are expected to be one of the largest sources of GHG at an airport due to the fuel requirements. The following steps are proposed to quantify emissions from aircraft operations: 1. Barnard Dunkelberg & Company will collect the quantity of fuel dispensed by Fixed Based Operators (FBOs) at ASE to aircraft Gct fuel and aviation gas) in gallons per year. 2. Thc team will collect aircraft operations data by aircraft type on an average day and/or annual basis. This data would then be translated into Landing-Takeoff Cycles (LTOs). Typically the L TO represents either the number of arrivals or the number of departures, assuming that aircraft that land at an airport eventually depart. BridgeNet International will collect aircraft operations data from the FANs Aircraft Situational Display Long Range radar, Passeur data, and for small aircraft, FAA tower counts. This data will be loaded into the BridgeNet software (Bridge Explorer) to produce a summary of LTOs by aircraft type. 3. The team will use the FAA's Emissions Dispersion Modeling System (EDMS) Version 5.0 to idcntify fuel consumption during the L TO. Total fuel use based during each of the four operating modes will be identiiied (approach, taxi/idle/delay, takeoff, and climbout). BridgeNet International will obtain FAA's T1 data to identify aircraft taxi times unique to ASE. For aircraft operations not reflected in the T1 data, taxi times will be estimated from EDMS dcfault, based on a review of conditions at ASE. 4. It is important to note that the approach in Step #3 will quantify emissions within the area deiined as the L TO, which generally includes flight duration below 3,000 feet above airport ground level. Cruise emissions, as reflected in the IPCC method, will be estimated by subtracting the fuel identiiied in Step #3 from that in Step #1. 5. Based on quantify of fuel identiiied in Steps #3 and #4, the fuel use will be converted into cstimates of CO2 and CO",. Synergy Consultants and BridgeNet will prepare this converSIon. II, GROUND SUPPORT EQUIPMENT This category refcrs to all of the airport and airline vehicles that support aircraft and airport activity. The method proposed to quantify GSE emissions is: 1. The FAA's EDMS provides default information concerning the use of GSE at an airport, based on the types of aircrai! in operation. In lieu of airport speciiic data, the default information is typically used to calculate criteria pollutant emission. This data would provide a source of equipment and it use. Synergy Consultants and BridgeNet will review the default GSE use noted in EDl'vlS and modifY thc use based on observations of actual use at ASE. -1- 4-2-07 Aspen Pitkin County Airport Greenhouse Gases Scope DRAFT 2. Based on the specific GSE identified, CO, emissions will be estimated based on GSE use and CO, emission factors from EPAs NONROAD model. III GROUND ACCESS VEHICLES Ground access vehicles (GA V) generally are all of the strcet-licensed vehicles that operate to and from the Airport. GA V vehicles at ASE are primarily associated with passengers, empioyees, and cargo travel. Thus, GHG emissions from ground access vehicles will be estimated based on the following: 1. Barnard Dunkelberg & Company will collect data concerning the number of enplaned passengers accessing the airport on an annual basis, an estimate of the number of on-airport employees, as well as actual data concerning annual airport parking lot usage. Barnatd Dunkelberg & Company will identify the most recent roadway counts that were conducted and then collect any corresponding airport statistics to identify airport trip statistics. 2. Barnard Dunkelberg & Company will coordinate with Pitkin County conccrning average passenger trip distance estimates to quantify the average vehicle miles traveled. 3. Based on the vehicle miles traveled and Department of Energy Transportation Data Report data concerning average fuel consumption of vehicles, Synergy Consultants will compute the fuel consumption for GA V. 4. Fuel consumed will thcn be converted into cstimates of CO, and CO,_",. IV. STATIONARY SOURCE EMISSIONS Stationary fossil fuel burning equipment primarily include heating and cooling, power supplies for building, and cooking activities. The following data will be collected to help estimate greenhousc gases: 1. Barnard Dunkelberg & Company will collect data from Pitkin County airport staff concerning facility power use during 2006. Tenants with separate power requirements (including cooking) will be contacted to obtain power use during this same period. 2. Based on the power demand identified, Synergy Consultants will be convert the fuel use into common cnergy units (BTU) and then prepare estimates of CO2 and CO,",. V. SUMMARY OF FUEL CONSUMPTION AND GREENHOUSE GASES An emissions inventory of greenhouse gases will be prepared for the sources noted earlier, and will be summarized in a table similar to Table A below. The inventory will identify the emissions for each category of airport GHG source. A summary working paper will be prepared documenting the steps used in collecting and quantifying emissions. Included in the working paper will be an executive summary, a chapter on methodology, the results, and a comparison of the data to the Canary Initiative results. A draft copy of the working paper will be presented to the Airport for review and comment. Upon receipt of comments, a revised working paper will be prepared for distribution to City of Aspen and Canary Initiative interested parties.a - 2- 4-2-07 Aspen Pitkin County Airport Greenhouse Gases Scope DRAFT TABLE A Aspen-Pitkin County Airport - Greenhouse Gases -- 2006 Source Category Fuel Data Fuel Units C02-eq (tons/year) Aircraft Approach X.xx xxx xxx x..xx xxx xxx Xxx xxx xxx Taxi/Idle/Dela" X.X xxx xxx Xx xxx xxx Xx xxx xxx Takeoff Xxx xxx xxx Xxx xxx xxx Xxx xxx xxx Climbout x..xx,xxx,xxx Xxx,xxx xxx Xxx,xxx xxx Residual/Cruise Xxx xxx xxx Xxx xxx xxx x'xx,xxx xxx Sub-total xxx.xxx xxx xxx.xxx xxx xxx.xxx xxx Ground Sunnort~auiDrncnt Xxx xxx xx...'i: Xxx xxx xxx Xxx xxx xxx Ground Access Vehicles Xxx xxx xxx Xxx xxx xxx Xxx xxx xxx StationarY Sources Xxx,xxx xxx x..xx xXX,xxx x..xx,xxx xxx Total Yyy,yyy,yyy Yyy,yyy,yyy Yyy,yyy,yyy VI, COORDINATION CONCERNING RESULTS For project scoping purposes, it is anticipated that two meetings may be required in Aspen to coordinate the results of the updated emissions inventory. Team members will be available to present and discuss the results at these two meetings. Cost Estimate Barnard Synergy BridgeNet Total Dunkelberg Consultants International Aircraft $500 $1,500 $10.000 $12.000.00 Ground Support $500 $2,000 $3,000 $5,500.00 Equipment Ground Access $1000 $3,000 $0 $4,000.00 Vehicles Stationary Sources $500 $2.500 $0 $3,000.00 Summary $1.000 $5,000 $1,000 51 ,000.00 Coordination $4,000 $3,500 $1.000 $8,500.00 Total $7,500.00 $17 .500.00 $15.000.00 $40,000.00 -3- 4-2-07