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HomeMy WebLinkAboutbocc.con.171.2007/154.2006CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: ,~ : ~-•200 /sy.,~o~\~y` Originating Department/Division: Airport ' Contact Person: David Ulane Phone #: 429-2853 ©~Q1G/NFL ~~~Z'-~ Project Name: Airport Signage and Wayfinding Cq~,tZjgGj- /,~ y, o?OD~ ^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: ^None ^Informal ®Formal ^Sole Source ^Emergency ^State Bid ^ Check Contract Tyue: Dollar Amount: $62,983.45 ^ Services/Maintenance ^License/LJse ^Lease ^Construction ^Goods, Equipment, Supplies ^Other (e.g. revenue) Budget Line Item/Ledger Number 404.69.95703.86000 ^Employment (for county employees) ^Intergovernmental Agreement (Requires BOCC Action) ^Non-Profit ^Quasi-Public ^Grant Agreements (Requires BOCC Action) ®Change Order/Contract Amendment Contractor/Business Carter Burgess Inc. Contract Execution !D~'/O1/~9A6 a0o7 Automatic Renewal N Complete Name: Randolph Pierce Contract End Date: N/A Term of Contract: N/A 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 (iPapprupriate> ^Special 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 ~~~ 5 'J C-B No. 072431.125 AMENDMENT NO. THREE (3) TO CONTRACT DATED JANUARY 1, 2006 BETWEEN CARTER & BURGESS, INC. AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS PITKIN 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.S 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 -Exterior Signage and Way6nding 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: Design Phase Lump sum of $16,184.00 Bidding Phase Lump sum of $6,560.00 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 trom the Engineer. Page 1 of 7 PART B -SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATIONS AND FIELD ENGINEERING) The maximum estimated SPECIAL SERVICES engineering is as follows: CONSTRUCTION ADMINISTRATION Construction Administration Lump sum of $10,340.00 FIELD ENGINEERING On-Site Construction Coordination Lump sum of $20,159.00 Post Construction Coordination Lump sum of $9,740.45 TOTAL FEE $62,983.45 PART C-ASSURANCES I. CIVIL RIGHTS ACT OF 1964, TITLE VI -CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 During the performance of this 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 2l, as they maybe 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 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 ofmaterials 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 cquipment, 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 onthe grounds of race, color, or national origin. Page 2 of 7 • 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 b. Cancellation, termination, or suspension of the contract, in whole or in part. • Incorporation of Provisions. The Engineer shall include the provisions of paragraphs one through five (Compliance with Regulations, Nondiscrimination, Solicitations for5ubcontracts, 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. IO.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 ftom 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 Page 3 of 7 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. DISADVANTAGED 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 (1 S) 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 the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Board. This clause applies to both DBE and non-DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR Part 20, Appendix A • No Federal appropriated funds shall be paid, by or on behalf of the 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 intuence 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 of the 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, Page 4 of 7 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 CPR 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 bylaw. VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(1)(8); FAA Order SI00.38 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 of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the 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 Page 5 of 7 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 of fact 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. Nothing contained in the foregoing shall be construed to require establishment of a system ofrecords 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 I8.36(i)(2); FAA Order SI00.38 • 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 para~aph 2 of this clause. Page 6 of 7 • 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 CPR Part 29; FAA Order 5100.38 The bidder/offeror certifies, by submission of this proposal or acceptance ofthis contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/Engineer orany 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. S'r IN WITNESS WHEREOF the parties hereto have affixed their signatures this ~ day of S~µ~ ocru¢eR.~ 2007 SPONSOR: PITKIN COUNTY COLORAD By T mes P. Elwood, .A:A.E. irector of Aviation _ i Attest ~ John Ely ,County P;ttorney ENGINEER: Carter & Burgess, Inc By Randolph .Pierce Vice President Page 7 of 7 huh; r~ SCOPE OF WORK FOR ASPEN-PITKIN COUNTY AIRPORT ASPEN,COLORADO CB Project number ASE 106A/125 SCOPE OF WORK: Bidding and Construction Coordination for Exterior Signage and Wayfinding. DESCRIPTION: The engineering fees will be broken intol) Design Phase, 2) Bidding Phase,3) Construction Coordination, Actual topographical surveying, and geotechnical or pavement investigation and testing, necessary for design phase of the project is covered under Part B -Special Services. Parts A and B and the seven phases are described in more detail below. Construction Budget The exterior Signage package was bid in August, 2007 and final bids indicate approximately $270,000 in construction cost. 1.0 Design Phase 1.1 Prepare Project Scope of Work and Contract. This includes establishing the scope of work through meeting with the Sponsor and the FAA. This also includes drafting the contract for work to be done by the Engineer for the Sponsor. 1.2 Prepare Disadvantaged Business Enterprise (DBE) Goal. Not Applicable. 1.3 Prepare Environmental Checklist. Not Applicable. 1.4 Update and Modify Exhibit "A" Property Map. Not Applicable. 1.5 Post -Design Intent Drawing, Design Effort. Although a thorough design intent was completed for this work, additional scope was added after completion of the design intent. Items included in this effort include a 12 page color 1 l x 17 document, necessary for a master plan amendment, and generating an inventory, specification and and disposition for another 80 regulatory signs added to the scope of the project. Scope of Work 1 Aspen-Pitkin County Airport Rev. No.1 Aspen, CO ASE ' 125Signage and Wayffinding September, 24, 2007 C \OOCUmen~s antl Setlings\persichettisa\LOCaI Settings\Temporary Internet Files\OLKi\ase SCOPEOFWORK Signage (3).tloc 2.0 Biddin Pg hase 2.1. Advertise for Bids. Design intent drawings will be provided to the County for electronic distribution to prospective bidders. Possible bidders will be identified for notification of pending bidding. 2.2 Prepare/Conduct Pre-Bid Meetings. Not applicable 2.3 Prepare Addenda. Any necessary addenda will be issued to clarify and modify the project as required by the Sponsor. Addenda will be made available to the planholders either through mail, hand delivering, via facsimile transmission or email,. Addenda will be prepared to meet the requirements of all applicable FAA design construction standards, assurances and certifications. 2.4 Consult with Prospective Bidders. During the bidding process, the Engineer will be available to clarify bidding issues with contractors and suppliers, and for consultation with the various entities associated with the project. This item also includes contacting bidders to generate interest in the project. 2.5 Conduct Bid Opening. Not applicable. 2.6 Review Bid Proposals. Engineer will review all the bid proposals submitted. An analysis of the bid prices, DBE participation, and contractor's qualification for the work will be completed. Special Considerations. The following special considerations are required for this project but will be completed by sub- consultants to the Engineer. The cost for this work will be included in the Engineering contract agreement with the Sponsor and the costs are in addition to the Engineering fees. PART B -Construction Coordination Special Services will consist of construction administration for office support, acceptance testing, pre-construction coordination, providing on-site construction coordination and post- construction/project close out. 4.0 Construction Administration 41 Prepare Construction Contract and Documents. Not applicable 4.2 Office Assistance. Office engineering staff, CADD personnel, and clerical staff will be required to assist the Resident Engineer as necessary during construction. Specific items to be Scope of Work 2 Aspen-Pitkin County Airport Rev. No.1 Aspen, CO ASE ~125Signage and Wayffinding September, 24, 2007 C \DOCUments and Settings\persichettisa\LOCaI Settings\Temporary Internet Files\OLK1\ase SCOPEOFWORK Signage (3).tloc accomplished include compiling and sending additional information requested from the office to the project site, providing secondary opinions on issues arising during construction, maintaining project files as necessary (field files are mirrored in the office for continuity) and various other items necessary in day to day operations. 4.3 Periodic Cost Estimates and Request for Reimbursement. Not applicable 4.4 Weekly/Monthly Reports. Not applicable. 4.5 Material Submittal Review. Material submittal data will be reviewed and approved by office personnel if the Resident Engineer is unable to make final determination of compliance. 4.6 Change Orders/Supplemental Agreements. Clerical and drafting personnel will assist the Project Manager with change orders and supplemental agreements as necessary. 4.7 Record Drawings. Not applicable. 4.8 Final Construction Report. Not applicable. 5.0 On-Site Construction Coordination Phase. Some of the considerations effecting the overall time and staffing necessary to construct this project include: limited access for construction within the safety area during negotiated nightly closures, average nightly temperatures expected to delay paving operations, restrictions on access to the project site in order to maintain airport operations. 51 Field Inspection/Coordination. The Project Manager (Chief Resident Engineer) will attend the weekly construction meetings via phone or in person and deal with construction issues as necessary for the duration of the project. The field engineers will attend all weekly meetings as available and coordinate all related agendas, paperwork and notifications for airport personnel. 5.2 Resident Engineering. The Resident Engineers will work approximately 8 hours per day. In addition to the various other items identified under On-Site Construction Coordination Phase, Resident Engineers are required to visually inspect all work performed by the contractor to assure conformance with the plans and specifications, issue Non-Compliance Reports if necessary, and coordinate all work being performed with Airport Operations on a daily basis. It is expected that one engineer will be able to complete all necessary work within 3- 40 hour work weeks. It is assumed that the each engineer will be able to complete all necessary documentation and attend applicable meetings in the course of the 8-hour day covered in the remainder of Section 5.0. Scope of Work 3 Aspen-Pitkin County Airport Rev. No.l Aspen, CO ASE '125Signage and Wayffinding September, 24, 2007 C'\Documenls antl Settings\perslchettisa\Local Settings\Temporary Interne\ Files\OLK1\ase SGOPEOFWORK Slgnage (3).tloc 5.3 Review Material Submittal The construction coordination will consist of reviewing and approving the shop drawings and material submittal data from the contractor. The Resident Engineer will review other construction items for general compliance with the construction documents. 5.4 Review Contractor Payroll Forms. Not applicable. 5.5 Calculate Construction Quantities. The Engineer will maintain daily record of the progress and will submit weekly reports to the Sponsor regarding the progress. The Engineer will review the quantity records with the Contractor on a periodic basis. 5.6 Partial Payments. The Engineer will review the quantities with the Contractor. The Engineer, Airport and Contractor will resolve discrepancies, or disagreements with the Contractors records. 5.7 Prepare Requests for Reimbursement. Not applicable. 5.8 Prepare Daily Reports. Not included. 5.9 Prepare/Submit Weekly Reports. Not included. 6.0 Post Construction Coordination Phase. This phase will consist of project close out and site cleanup. 6.1 Final Inspection. The project manager and Resident Engineer, along with the Sponsor and FAA will conduct the final inspection. 6.2 Site Cleanup. The Engineer will assure the Contractor has removed all construction equipment and construction debris from the airport, that all access points have been re-secured (fences repaired, gates closed and locked, keys returned, etc.) and the site is clean. 6.3 Engineering Record Drawings. Not applicable. 6.4 Engineering Final Construction Report. Not applicable. 6.5 Summarize Project Costs. Not applicable. 6.6 Assist with Audit. Not applicable. Scope of Work 4 Aspen-Pitkin County Airport Rev. No.1 Aspen, CO ASE'125Signage and Wayffinding September, 24, 2007 C\OOCUments antl Settings\persichettisa\LOCaI Settings\Temporary Internet Files\OLKt\ase SCOPEOFWORK Signage (3).tloc Special Considerations. The following special considerations are required for this project but will be completed by sub-consultants to the Engineer. The cost for this work will be included in the Engineering contract agreement with the Sponsor. None. Scope of Work 5 Aspen-Pitkin County Airport Rev. No.l Aspen, CO ASE ' 125Signage and Wayffinding September, 24, 2007 G\Oocumante end Se~tlngs\perslchet~isa\Lacal Seuings\Temporary Internet Flles\OLK1\ase SGOPEOFWORK Slgnaga (3).tloc