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HomeMy WebLinkAboutC08-179J3 PROJECT NO. EGE 08-02 Landside Planning AMENDMENT NO. THREE (3) TO CONTRACT DATED MAY 29, 2008 BETWEEN J3 AVIATION CONSULTANTS, INC. AND EAGLE COUNTY EAGLE, CO The Sponsor and the Engineer agree to amend their contract for improvements to the Eagle County Regional Airport, Eagle, Colorado to include fees for engineering services. The improvement Item No. 17 is included in the Scope of Work of the original contract. The items covered by this amendment are described as follows: Item No. 17 Or other work as identified -Prepare Landside Development Plan as more particularly described in the Scope of Work attached hereto as Exhibit "A" 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 Planning ............................................................................ T&M Not-to-Exceed $44,500.00 Method of payment shall be as follows: Interim payments based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. PART B -SPECIAL SERVICES (ACCEPTANCE TESTING/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) None 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: Page 1 of 7 • 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 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 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 onthe 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 maybe 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 an 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, SolicitationsforSuhcontracts, 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 Page 2 of 7 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 47123;AC 150/5100-I5, 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. 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 (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 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. Page 3 of 7 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 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 of the United States or any of their duly authorized representative's 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 maybe 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. VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(1)(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. Page 4 of 7 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 proj ect 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 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 of records in order to render, in good faith, the certification required by this provision. The knowledge and information of an Engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 5 of 7 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(1)(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 bylaw 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 bidder/offeror/Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Page 6 of 7 All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this ~_~_ day of u r~ Zoos. SPONSOR: EAGLE COUNTY, COLORADO J Br ~!~ ~ -~/Idl/ Attachment A -Scope of Work Page 7 of 7 ENGINEER: J3 Aviation Consultants, Inc Page 1 of 3 EXHIBIT "A" SCOPE OF WORK EAGLE COUNTY REGIONAL AIRPORT GYPSUM, COLORADO PREPARE LANDSIDE DEVELOPMENT PLANS In order to facilitate future demand at the airport, a comprehensive plan is desired that depicts future parking, circulation roadways and support services. The deliverables will be accomplished by inventorying existing conditions, determining future needs and laying out parking, roads and buildings to maximize the use of existing space. The following items detail the work and deliverables to be completed in the performance of this project. PRELIMINARY PLANNING PHASE AND PROJECT COORDINATION Deliverables: • Consultant will prepare the finalized scope of work, schedule in Microsoft Project and Ward format and #ees far submission to the Airport. • Following the kick-off meeting, consultant will submit work plan and meeting minutes. 1. Scope of Work and Fee Development Task will consist of preparation of the scope of work for review by the sponsor. It is expected that one meeting and two revisions to scope will be necessary to arrive at the appropriate work scope for this effort. 2. Project Initiation The project will commence with a "kick-off" meeting at the County or Airport offices with Airport staff and the County Administrator. Prior to the meeting, the Consultants will prepare a draft work plan and schedule for discussion. The work plan and schedule will be our tool for measuring our progress during performance of the work and will be reviewed with airport staff at the kick-off meeting. The objectives of the meeting are as follows: • Ensure that all parties clearly understand their roles in this study • Allow all parties to voice their concerns and priorities regarding the airport • Discuss the draft work plan and schedule • Establish communication guidelines for the team Final - 5/19/2008 J3 Aviation Consultants, Inc Page 2 of 3 PLANNING PHASE Deliverables: • Existing Landside Facilities Drawing • Concept Sketches • Detailed Alternative Development Plans (3) • Cast Estimates for Design and Construction of Selected Alternatives 3. Existing Conditions The existing conditions on the landside will be inventoried, including the following: • Parking lots and spaces • Parking usage estimates (to be provided by Airport) • Circulation roads and driveways for existing roads and roads under construction, including general condition • Support facilities (e.g. ARFF, SRE, Administration, Rental Car) • Cooley Mesa access points and future intersection plans • Lease limits for ECAT, VVJC and Cooley Mesa Leasing (to be drawn and incorporated into drawings from written lease descriptions) • Major utilities present on the landside In order to complete the inventory in a timely manner, the following items are to be provided by the County by the date indicated in the attached schedule: • Parking lot usage estimates • Lease descriptions with amendments to ECAT, WJC and Cooley Mesa Leasing • AutoCAD files of latest ALP revision • AutoCAD files of current Cooley Mesa Road and Bike Path improvements 4. Prepare Concepts Working with the Airport, concepts will be developed for various different scenarios. Current ideas for concepts could include purchase and development of vacant land south of Cooley Mesa with access options to the terminal area, construction of a parking garage immediately south of the terminal, expansion onto the former Nunn property - or hybrids of all of these. After selection by the County, a maximum of three (3) concepts will be carried further for analysis in the Alternatives stage. 5. Alternative Development Three (3) concepts from Task 4 will be further refined in this stage. This will include a more detailed analysis of the engineering and constructability aspects of implementing the plan; detailed drawings that include a summary table for various data, such as the number of short and long-term spaces per alternative; and cost estimates as described in Task 6. Final alternatives will be provided to the airport in large format hard copy format and electronic PDF and AutoCAD files. Final - 5/19/2008 J3 Aviation Consultants, Inc Page 3 of 3 6. Estimates of Probable Cost Using historic and current cost data, detailed cost estimates of the various improvements will be prepared for each alternative. These cost estimates will be prioritized and ordered into phasing increments for the ultimate development of each alternative. PROJECT MEETINGS 7. Progress Meetings Three local coordination meetings with County Staff for the planned four month active planning phase are included in this cost proposal for this effort. Consultant staff present will include, at a minimum, the Project Manager and Airport Planner. PROFESSIONAL SERVICES FEE In order to complete Tasks 1-7, it is estimated that anot-to-exceed fee of 44 500 will be required. Project will be invoiced monthly for Time and Materials incurred during that period - up to the maximum amount of $44,500. If the work scope expands beyond the agreed upon scope and fee, consultant will notify the County at the earliest possibility so that the work scope can be reviewed and reduced or the fee expanded to accommodate the additional work items. Final - 5/19/2008