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HomeMy WebLinkAboutC11-146 Jviation Master Plan Services Agreement AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND JVIATION, INC. FOR MASTER PLANNING SERVICES RELATED TO EAGLE COUNTY REGIONAL AIRPORT THIS AGIVEMEIsIT for Pr fessional Services ( "Agreement ") is made and entered into effective as of the 'Z ay of /41ci . , 2011 by and between Jviation, Inc. a Colorado corporation (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado a body corporate and politic (hereinafter "Owner" or "County"). RECITALS WHEREAS, Owner wants to plan for the future of the Eagle County Regional Airport, including its master planning for future expansion and use; and WHEREAS, Owner entered into a Grant Agreement with the Federal Aviation Administration (Project Number 3 -08- 0020 -046) to update the Eagle County Regional Airport Master Plan Study (hereinafter the "Project "); and WHEREAS, Consultant represents that it is a corporation authorized to do business in Colorado; and WHEREAS, Consultant has represented that it has the expertise and skill to assist with the master planning of the Eagle County Regional Airport and has the personnel necessary to timely perform as set forth herein; and WHEREAS, Consultant and Owner intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the Services (as defined below) and related terms and conditions to govern the relationship between Consultant and Owner in connection with the Services. AGREEMENT NOW THEREFORE, based upon the above recitals and consideration set forth herein the parties agree as follows: 1) Services. (a) Consultant agrees to furnish all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A ( "Services ") in connection with the Project for the Eagle County Regional Airport located in Gypsum, Colorado. If no completion date is specified in Exhibit A, Consultant agrees to furnish the Services in a timely and expeditious Initial: ✓ 'f Consultant Owner 1 manner consistent with the applicable professional standard of care. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. Consultant further represents and warrants the Services shall comply with any and all applicable laws, codes, rules and regulations. In the event the Services relate to property owned by other federal, state or local governmental entities, or a public utility or other third party, Consultant agrees to comply with any additional terms and conditions required by applicable laws, codes, rules and regulations. (b), Consultant and any sub - consultants will carry out the Project in accordance with policies, standards, and specifications approved by ; >Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars Required for use in AIP Funded and PFC Approved Projects, dated June 2, 2010, (See Exhibit D attached hereto and incorporated herein by reference) and in accordance Airport Master Plans FAA Advisory Circular 150/5070 -6B, and applicable items in Table 4 -1, AC 150/5300 -18B, General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 2) Compensation. Owner shall compensate Consultant for the performance of the Services in a lump -sum payable in the manner set forth herein and in Exhibit B ("Compensation"). The Compensation agreed to and set forth in Exhibit B shall be paid by Owner in monthly progress payments equal to the percentage complete for each task performed by Consultant. The lump -sum shall constitute full compensation for the Services and any out -of- pocket expenses are included in the lump -sum figure set forth in Exhibit B, All invoices shall include the percentage of completion by task with detail regarding hours spent, tasks performed and who performed each task. An application for payment shall cover a calendar month beginning on the 1 of the month and ending on the last day of the month. An application for payment shall be submitted to Owner by Consultant by the 15 of the month following the month in which the Services are rendered and shall be accompanied by invoices or other documentation as may be required by Owner, and such other documentation as may be required by the FAA or other government agencies processing invoices for payment or reimbursement to Owner, if any, and as may be required by Owner. Consultant payment shall be paid within thirty days of receipt of an invoice provided that all of Consultant's complete invoices and insurance certificates on file with Owner are current and all Services have been satisfactorily performed. Original invoices with accompanying support documentation should be forwarded to: Chris Anderson, Terminal Manager, Eagle County Airport, Post Office Box 850, Eagle, CO 81631; Chris.Anderson@eaglecounty.us with a copy to Cindy Preytis, Eagle County Building, P.O. Box 850 Eagle, CO 81631; Cindy.Preytis @eaglecounty.us. 3) Additional Services. Any serv i n add to the Services ( "Additional Services ") shall be performed by Consultant only after approval of Owner. Orders for Additional Services shall be on the form attached hereto as set forth in Exhibit C and shall be acknowledged by Owner and Consultant in writiprior to Initial: Co sultant Owner 2 any such work identified as Additional Services is performed by Consultant. Failure by Consultant to obtain written authorization and acknowledgement by Owner for Additional Services shall result in non - payment for any such Additional Services or work performed. Except as otherwise agreed in writing by Consultant and Owner, all Additional Services shall be subject to the terms and conditions of this Agreement. Owner may also by written notice to Consultant make any reasonable reductions to the scope of the Services and the compensation payable to Consultant shall be reduced in a fair and reasonable amount on account thereof. 4) Assignment & Sub- consultants. Consultant acknowledges that Owner has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub- consultant agreements for the performance of any of the Services or Additional Services without Owner's prior written consent, which may be withheld in Owner's sole discretion. Owner shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom Owner has an objection, in its • reasonable discretion, shall be assigned to the Project. Consultant shall require each sub- consultant as approved by Owner and to the extent of the Services to be performed by the sub- consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward Owner. Owner shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub - consultant hired by Consultant and Consultant shall cooperate in such process. Owner hereby consents to Boyd Group International, Inc. performing a portion of the Services as a sub - consultant to Consultant. Consultant shall be responsible for the performance of Services by sub - consultants as set forth herein. Consultant shall be responsible for compensating sub- consultants for any Services or Additional Services performed by sub - consultants. Owner shall only be responsible for compensation to Consultant as set forth herein. 5) Insurance. Unless otherwise agreed to in writing by Owner, Consultant agrees to provide and maintain, at Consultant's sole cost and expense, the following insurance coverage: a) ', Types of Insurance. 1) Workers' Compensation, with policy limits as required by law, and Employers Liability Coverage, with policy limits of $1,000,000 each accident for Bodily Injury by Accident; $1,000,000 each employee for Bodily Injury by Disease; and $1,000,000 policy limit for Bodily Injury by Disease. ii) Commercial Auto Coverage, with limits of not less than $2,000,000 each accident combined Bodily Injury and Property Damage Liability insurance, including coverage for owned, hired, and non -owned vehicles and shall list as additional insureds Eagle County and any other persons and entities Owner shall designate. Initial• _,- Cons — � ultant Owner 3 iii) Commercial General Liability, with limits of liability of not less than $2,000,000 per occurrence; $2,000,000 for bodily injury and property damage liability; $2,000,000 for personal injury; and $2,000,000 in annual aggregate limits. The policy shall list as additional insureds Eagle County and any other persons and entities Owner shall designate. iv) Profess L (Errors and Om Insurance, with prior acts coverage for all Services and Additional Services required hereunder, in a form and with insurer or insurers satisfactory to Owner, with limits of liability of not less than $1,000,000 per claim and $1,000,000 in the aggregate. The policy shall list as additional insureds Eagle County and any other persons and entities Owner shall designate. v) Additional Insured. Additional Insured referred to herein shall include Eagle County, its successors and assigns, and persons and entities that Owner shall designate. b) Other Requirements. i) Consultant shall maintain the foregoing coverage in effect until the Services and Additional Services are completed. In addition, to the extent commercially available at reasonable rates, all such policies shall be kept in force by Consultant until the applicable statute of limitations for professional liability for the Project have expired. ii) All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to Owner in the event of cancellation of coverage. iii) All policies must be written by insurance companies whose rating in the most recent Best's rating guide is not less than A- (VII). If any non - admitted (surplus or excess Iines) insurer is used to provide any of the above policies, the policy must include an endorsement restricting the insurer's right to cancel the policy to the following circumstances after it has been in effect for sixty (60) days: (i) non - payment of premium; or (ii) discovery of fraud or material misrepresentation in the application for insurance. iv) Certificates of Insurance with the required endorsements evidencing the coverage must be delivered to Owner prior to commencement of any Services under this Agreement and must be provided on an annual basis commencing on the first (1 anniversary of the policy year and continuing thereafter, or at any time within fifteen (15) days after request therefor by Owner or an additional insured. Notwithstanding any other provision hereof, Consultant shall provide Owner a complete copy of any policy of insurance required hereunder within five (5) business days of a written request from Owner, and hereby authorizes Consultant's brokers, without further notice to or authorization by Consultant, to immediately comply with any written request of Owner for a complete copy of any policy required hereunder. v) If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to Owner, Owner shall be entitled to terminate this Agreement upon reasonable notice. Initial: Consultant Owner vi) Consultant's insurance shall be primary and the provisions of this Paragraph 5 shall survive termination of this Agreement. 6) Indemnification. To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless Eagle County and its officers, directors, agents and employees (collectively, "Owner Indemnitees ") from and against any and all claims, demands, losses, liabilities, damages, fines, penalties, costs, expenses including, but not limited to, reasonable attorneys' fees and costs ( "Claims ") to the extent actually or allegedly caused by or attributable to (in whole or in part), the negligent performance of the Services (including any Additional Services) provided by Consultant and its agents, employees, sub- consultants and/or suppliers, and/or any negligent or otherwise wrongful statement, act or omissions of Consultant or any person or entity under Consultant's control. a) Consultant's duty to indemnify Owner Indemnitees shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Owner or its agents or employees (which shall not include Consultant or its sub- consultants). Entitlement to recovery of defense costs shall include fees (of attorneys, consultants, expert witnesses, and others), costs and expenses incurred in good faith. In addition, Owner shall be entitled to recover compensation for all of its in -house expenses (including materials and labor) consumed in its defense. b) The indemnity and hold harmless provisions of this Agreement shall survive expiration or termination hereof. Owner and Consultant hereby certify and agree that the indemnity and hold harmless provisions of this Agreement have been freely and mutually negotiated. 7) Ownership of Documents. All documents prepared by Consultant in connection with Consultant's performance under this Agreement shall become the property of Owner and Consultant shall execute written assignments to Owner of all rights (including common law, statutory, and other rights, including copyrights) to the same as Owner shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and Additional Services under this Agreement). 8) Notices. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or (ii) two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or (iv) when sent via facsimile transmission so long as the sending party can provide a facsimile machine Initial: Co sultant Owner confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. Owner: Eagle County, Colorado Attention: Chris Anderson, Terminal Manager P.O. Box 850 Eagle, CO 81631 Telephone: (970) 328 -2680 Facsimile: (970) 328 -2687 E -mail: chris.anderson @eaglecounty.us With a copy to: Eagle County Attorney's Office P.O.Box850 500 Broadway Eagle, CO 81631 Consultant: Jviation, Inc. Attention: Bill Poole 900 S. Broadway, Suite 350 Denver, CO 80209 Telephone: (303)524 -3030 Facsimile: (303)524 -3031 E- mail:: Bill.Poole @jviation.com 9) Coordination. Consultant acknowledges that the development and processing of the work for the Project may require close coordination between various consultants. Consultant shall coordinate the Services required hereunder with the other consultants that are identified by Owner to Consultant from time to time, and Consultant shall immediately notify such other consultants, in writing, of any changes or revisions to Consultant's work product that might affect the work of other consultants providing services for the Project and concurrently provide Owner with a copy of such notification. Consultant shall not knowingly cause other consultants extra work without obtaining prior written approval from Owner. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. Owner shall provide Consultant with legal access to the Project site as required by Consultant to perform and complete the Services. Such access should be verified in advance by Consultant with Owner prior to entering the property. 10) Breach, Termination & Suspension. a) Any violation or breach of the terms of this Agreement on the part of the Consultant or its sub- consultants may result in the suspension or termination of this Agreement or such other action that Owner may deem necessary to enforce its rights under this Agreement. The duties Initial: sSei Consultant Owner and obligations imposed by the Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. b) Owner may, by written notice, terminate this Agreement in whole or in part at any time, either for the Owner's convenience or because of failure to fulfill the contract obligations. Upon Consultant's receipt of such notice Services or any Additional Services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Agreement, whether completed or in progress, shall be delivered to Owner. c) If the termination is for the convenience of the Owner, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for unperformed Services or Additional Services or for anticipated profit on unperformed services. d) If the termination is due to failure to fulfill the Consultant's obligations, the Owner may take over the work and prosecute the same to completion by contract or otherwise. In such case, the consultant shall be liable to the Owner for any additional cost occasioned to the Owner thereby. e) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment in the contract price shall be made as provided in paragraph 10(c) hereof. f) The rights and remedies of the Owner provided herein are in addition to any other rights and remedies provided by law or under this contract. g) The language of this paragraph 10 and its subparts shall be included in any agreements with sub- consultants. h) Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. The parties agree that Owner shall have the right, but not the obligation, to join Consultant, other consultants and any contractor(s), subcontractor(s), sub-consultant(s) and(or) guarantor(s) in any action or proceeding arising in connection with this Agreement and no provision or condition contained herein shall prevent the joinder of such parties. The parties also acknowledge and agree that Owner shall have the right, but not the obligation to join Consultant, other consultants and any contractor(s), subcontractor(s), sub - consultant(s) and (or) guarantor(s) in any resulting mediation and (or) litigation. The parties acknowledge and agree that Owner shall have the right to stay any such proceedings until such time as Consultant has completed the Services required under this Agreement (or this Agreement has otherwise been terminated) so that all such matters can be resolved in consolidated proceedings. Initial:- Q a( /ILI _ Consultant Owner 7 11) General Conditions. a) Consultant represents that its professional personnel are, and covenants that its professional personnel shall at all times remain, duly licensed to perform the Services and Additional Services within the applicable jurisdiction(s). b) Consultant shall be responsible for the completeness ' and accuracy of the Services and any Additional Services, including all Services or Additional Services performed by sub - consultants and all supporting data and other documents prepared or compiled in performance of the Services and Additional Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the Owner has accepted or approved the Services or Additional Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services and any Additional Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. c) Each of the Exhibits referred to herein and attached hereto is an integral part of this Agreement and is incorporated herein by reference. d) Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. By executing the Agreement, Consultant confirms that the time limitations set forth herein are reasonable period(s) for performing the Services. e) This Agreement shall be construed and interpreted under and shall be governed and enforced according to the domestic laws of the State of Colorado (without reference to the doctrine of conflicts of law). Access to Records and Reports The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the Sponsor (Owner), 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 Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant 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. Consultant shall incorporate this language into any agreement with a sub- consultant. g) Airport and Airway Improvement Act of 1982, Section 520 - General Civil Rights Provisions The Consultant 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 Initial: , Consuitant Owner 8 I 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 consultants, this provision binds the consultant 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. Consultant shall incorporate this language into any agreement with a sub- consultant. h) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. The Consultant certifies, by submission of its 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 /contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. i) Civil Rights Act of 1964, Title VI During the performance of this Agreement, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: (1) Compliance with Regulations. The contractor 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. (2)Nondiscrimination. The contractor, 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 contractor 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. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor 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 Initial: f Consultant Owner 9 contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports. The contractor 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 contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance In the event of the contractor'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 contractor under the contract until the contractor complies, and /or b. Cancellation, termination, or suspension of the contract, in whole or in part. (6)Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor 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 contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. j) Disadvantaged Business Enterprises .. - - - Contract Assurance 026.13) The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor 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 contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from Eagle County. The prime Initial: 7 Consultant Owner 10 contractor agrees further to return retainage payments to each subcontractor within 10 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 Eagle County. This clause applies to both DBE and non -DBE subcontractors. k) Lobbying and Influencing Federal Employees (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, 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. (2) 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 contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. (3) The language of this section shall be incorporated in all subcontractor agreements. 1) Rights to Inventions 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. The language of this section shall be incorporated in all subcontractor agreements. m) Trade Restriction Clause The contractor 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. Initial:_ Consultant Owner 11 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 contractor or subcontractor who is unable to certify to the above. If the contractor 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 contractor 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 contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor 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 contractor 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 contractor 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 a contractor 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. The language of this section shall be incorporated in any subcontract. n) Consultant shall pay all taxes imposed by any federal, state or local taxing authority on all payrolls and compensation of its employees and subcontractors and any other taxes, fees and charges levied against Consultant on account of this Agreement. 0) ' Nothing contained in this Agreement shall be deemed to create a relationship of employer employee, master- servant, partnership, joint venture or any other relationship between Owner and Consultant except that of independent contractor. Consultant shall have no authority to bind Owner, or to approve any Additional Services, unless specifically approved by Owner in writing. p) This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understandings between the arties with Initial ,:` Consultant Owner 12 respect thereto. q) This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by a written instrument signed by the party to be charged. r) Consultant shall not assign any portion of this Agreement without the prior written consent of Owner. s) This Agreement and the covenants contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors -in- interest. t) No failure or delay by either party in the exercise of any right given to such party hereunder shall constitute a waiver thereof. No waiver of any breach of any agreement or provision contained herein shall be deemed a waiver of any preceding or succeeding breach thereof or of any other agreement or provision contained herein. u) Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female and the neuter, and vice versa. v) The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. w) Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made by County in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law and the TABOR Amendment of the Colorado Constitution 12) Public Contracts for Services. a) If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. b) Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certif to the Initi Consultant Owner I Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. c) Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1 185221678150.shtm d) The Consultant shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. e) If the Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) Notify the subcontractor and the County within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (e) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant 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. f) The Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8 -17.5- 102(5). g) If a Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Consultant shall be liable for actual and consequential damages to the County as required by law. h) The County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. [Rest of Page Intentionally Left Blank] Initial: a j / / Consultant Owner 14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. OWNER: EAGLE COUNTY, COLORADO By and Throu h it • 2 ar• ofg• , " IP" ommissioners 449n S ney .Chatrm. i 1 i fir. QA lt.42_ �us -, mil o1 ~ Attest: C:Ve4(4' 1 A ® ‘,_s■,?f„ Clerk to the Board o''County Commt1' +'-. 9 CONSULTANT: JVIATION, IN , By: Al liip°' , / , �i Its: /`. G r STATE OF COLORADO ) ) ss COUNTY OF'I Y(/ ) The foregoing was acknowledged before me this a "3- day offnarC , 2011 by ___ t ryu.b "Ti^U-i -i' as — Pie 1nC;..pa 1 of Jviation, Inc. Witness my hand and official seal. My commission expires: /.2)i J <Cli A IM . / / -4--- - y Notar subtle 1i _ / consultant Owne 15 EXHIBIT A Agreement For Professional Services (Services) Consultant shall perform the Services within eighteen (18) months of County issuing to Consultant a Notice to Proceed with the Services. The Notice to Proceed shall set forth the precise date for completing the Services. Consultant agrees to generally comply with Eagle County Airport Master Plan Schedule for specific tasks identified in that schedule which is attached to the Agreement as Exhibit E. The parties agree that the timing for completion of each task may vary slightly from the timeline set forth in Exhibit E and, in the event of a deviation from the schedule, the parties shall discuss the same. Notwithstanding the foregoing, in no event shall performance of the Services extend beyond the date set forth in the Notice to Proceed for completion of the Services. Consultant acknowledges that time is of the essence in completing the Services and any delay beyond the date established in the Notice to Proceed must be approved in writing by County and Consultant. In the event additional staff or overtime is required to maintain the schedule the same shall be at Consultant's sole cost and expense. Consultant shall provide the following Services to Owner: See Jviation Eagle County Regional Airport Master Plan Final Scope of Work 1/28/2011 attached hereto and incorporated herein as part of Exhibit A. Initial: Consultant Owner 16 900 S. Broadway, Suite 350, Denver, CO $0209 � � Z���� Main 303 524 3030 Fax 303 524 3031' ENGINEERING '& PLANNING JVIATION.COM EAGLE COUNTY REGIONAL AIRPORT MASTER PLAN FINAL SCOPE OF WORK 1/28/2011 OVERVIEW: It has been many years since the Master Plan for the Eagle County Airport (EGE) has been updated. A Master Plan update did occur in 2002 but was never officially accepted by the Board of County Commissioners or the FAA. Major changes have occurred in the aviation industry since the last approved Master Plan update. Additionally, upgrades and improvements have occurred at the airport, including the 1,000' runway extension, a new terminal building, an Instrument Landing System, and the installation of airport surveillance radar. These changes have dramatically changed how the airport functions and operates. A new Master Plan and corresponding ALP sheet set will be prepared as defined by FAA Advisory Circular 150/5070 -6B, Airport Master Plans. GOAL: The goal of this master plan is to prepare guidance that allows the airport to continue to operate in a safe and effective manner as demand and technologies change and evolve. As it is a public use airport which receives grant funding from the FAA, all planning must ensure that the airport continue to meet all federal obligations and standards. The following items detail the work and deliverables to be completed in the performance of this project. 1 PROJECT MANAGEMENT Summary & Deliverables: Consultant will prepare the »finalized scope of work, schedule and fees for submission to the Airport; BoArd',of County Commissioners, and FAA 1.1 Preliminary Planning Task will consist of preparation of the scope of work for review by the sponsor and FAA. It is expected that one meeting and two revisions to scope will be necessary to arrive at the appropriate work scope for this effort. The Scope of Work will be submitted to the FAA for final comment prior to completion of the fee proposal. Upon submission of the fee proposal to the sponsor, consultant will cooperate with an independent firm conducting an Independent Fee Estimate (IFE). 1 of 16 JVIATIDN" ENVx +NG.Ern NO 5 PLANNING 1.2 Establish Planning Committee(s) A committee, known as the Planning Advisory Committee, will be established to help guide the direction of the Master Plan and make decisions at critical points on future development. The committee may include airport staff, representation from the Board of County Commissioners, and the FAA at a minimum. FAA staff will be invited to all meetings and will be copied on meeting minutes. Additional members will be added at the discretion of airport management. 1.3 Consultant Coordination Task will consist of coordinating, negotiating and contracting with various other consultants subcontracted to perform certain aspects of this scope of work. Consultant work will be reviewed and edited and monthly invoices from consultants will be processed and paid. 1.4 Project Initiation The project will commence with a "kick- off" meeting at the offices of the Airport with the steering committee members. 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 • Create Public involvement Program goals and methods 2 INVENTORY Summary & Deliverables: • ~ j Aetial 0bstru00 Survey and ALP survey = . ;• Anal a nd do - of texisti g facilit u and C on +. Environmental and tneteorologycal - review This task includes reviewing existing drawings and documentation and conducting a site visit to collect information on the facility and current levels of activity. Aerial and ground -based survey will be collected. Specific inventory items are discussed in sections 2.1 - 2.11 2.1 Review Existing Documentation Existing documentation relating to the airport will be obtained and reviewed. This includes the following elements — 2 of 16 JVIATION era s.: nae en9wa 1. Previous Master Plan 2. Terminal /Landside Studies 3. CDOT System Plan /Economic Analysis 4. FAA Forecasting Documents 5. Minimum Standards and Rules and Regulations (Adopted and draft Versions) 2.2 Acquire Aerial Imagery Aerial imagery will be captured to be used in analysis and exhibit backgrounds. 2.3 Existing Facility Data Collection / Assessment Data will be collected on all of the existing airport facilities and how adequately they are currently performing their needed functions. This effort will include an assessment of the size and conditions of the facilities, as well as photography and current usage of the facilities. This analysis will include the following elements: 2.3.1 Airfield / Airspace Usage and geometry of runways, taxiways and aprons; lighting, marking and signage of runways and taxiways; navigational aids; visual approach aids; instrument approach equipment and procedures; airspace usage; noise abatement procedures; and obstructions to air navigation. 2.3.2 Commercial Passenger Facilities Although a new terminal was constructed just recently, prior studies and new analysis will be used to determine trigger points for additional terminal facilities. Facilities include the terminal building, rental car facilities, parking, and any other related facilities. 2.3.3 General Aviation Facilities FBO facility and services; quantity and type of hangars; based and transient aircraft parking aprons and tie downs; and the number and mix of based aircraft. 2.3.4 Support Facilities ARFF station; maintenance storage facilities; FAA facilities; and aircraft fuel storage. 2.3.5 High - Altitude Army Aviation Training Site (HARTS) Existing facility usage and operations will be understood. Future plans will be documented and included in any applicable analysis. 3 of 1 6 JVIA1TION" E.,40 ,Eg Is P4 \4i G 2.3.6 Access, Circulation and Parking Airport access road network; circulation roads; long -term and short -term parking areas; and examination of City /County long -range surface transportation plans. 2.3.7 Utilities Examine utility services to the airport, including water, sanitary sewer, storm sewer /holding facilities, communications, fiber optics, gas and power. There will be no utility .locates or utility surveys included with this effort. 2.3.8 Meteorological Data Applicable meteorological data, to include an assessment of wind, temperature, precipitation and Instrument Meteorological Conditions (IMC). 2.3.9 Airport Equipment Airport equipment, such as ARFF trucks, Snow Removal Equipment (SRE) and other large pieces of maintenance equipment that may result in large future capital expenditures will be inventoried. 2.3.10 NAVAIDS, (FAA and Airport Owned) Current FAA and Airport owned NAVAIDS will be inventoried. 2.4 Regional Setting and Land Use The regional setting of the airport and surrounding land use will be examined. Local zoning information, comprehensive and other relevant plans will be reviewed and documented. It is assumed that Eagle County and local municipalities will share Geographic Information System (GIS) data for this effort at no charge, to include; administrative boundaries, zoning, roads, parcels and buildings, to the extent that the data is available. 2.4.1 Community Socioeconomic Analysis Community growth will impact passenger levels at the airport and needs to be analyzed in order to develop accurate activity forecasts. Local and State economic development organizations will be contacted to seek information on any efforts that they have underway that may greatly impact the population and /or workforce of the area. 2.5 Environmental Overview (existing conditions) Major NEPA- related environmental issues of concern with current operations or facility usage will be noted. 4 of 16 JVIAT10N ENGrNGFf33Np C AEA PFNItiG 2.6 Historical Aviation Activity Estimates of historical activity and existing forecasts will be gathered from applicable sources, such as airport management, the Vail Valley Jet Center, FAA tower counts and FAA Terminal Area Forecasts. Fuel sales information will be collected from airport management. 2.7 Financial Information The existing FAA CIP will be obtained and reviewed. Airport revenue and expense information will be gathered from airport provided data and FAA Form 127, Operating and Financial Summary. Historical PFC collection information and AIP grant history will be obtained as well. 2.8 Airport User Surveys Surveys will be distributed to area aircraft owners and known major tenants to allow them to rank desired airport improvements and rate the overall facility. Aircraft owner information will come from airport records and the FAA Aircraft Registry Database. 2.9 Meetings /Discussions with Tenants, Adjacent Landowners, and Current and Prospective Users The Consultants will meet with or make contact with primary tenants and major users. The purpose of these meetings will be to determine tenant - desired improvements in the short and long term to maximize their revenue and efficiency. 2.10 Prepare Basemapping Aerial survey data and other existing data sources will be combined into a basemap conforming to the new eALP data standards prescribed in FAA AC 150/5300 -18B. Basemap will be used as a base of existing conditions for drafting efforts. 2.11 HAATS Expansion A study will be conducted on the proposed HAATS Facility expansion and the effects on the airport, airspace, and ATC. 3 AVIATION ACTIVITY FORECASTS Summary & Deliverables • Preparation of updated forecasts of aviation activity, includ passenger etzplanernedts, `= :aircraftbperatiotis, critical aircraft and based ratccraft4 +� Coordination with FAA for 'approval of forecasts " * Submission' of Working Paper#1= "Inventory and,Porecasts This task will consist of preparing updated passenger enplanement and aircraft activity forecasts for the period from 2010 to 2030. The forecasts will account for updated trends at the airport, in the 5 of 16 ..OVIATION CNC NGEPIVC G S +t ANNtNC community, and in the nationwide air transportation system. Forecasts will be submitted to the Sponsor and FAA for review and approval prior to the determination of facility requirements to meet the projected demand. Forecasts will be summarized in the FAA's Summary Report format, found in Appendixes B and C of the FAA Report entitled, Forecasting Aviation Activi y by Airport, (July 2001). Specific actions of the forecasting effort will include: 3.1 Analyze Current Demand and Air Service — In order to fully understand the EGE air service market for forecasting purposes, the existing carriers and routes will be examined to determine likely growth scenarios. Planned fleet mix changes for the air carriers will be examined to determine evolving fleets will and larger wingspans (e.g. B -787) will impact airport planning criteria. 3.2 Prepare Aviation Activity Forecasts 3.2.1 Passenger enplanements — Including a breakdown of commuter versus charter passengers. 3.2.2 Itinerant and Local Operations Including air carrier, commuter, GA, military aircraft operations. 3.2.3 Based GA Aircraft — Categorized by aircraft type. 3.2.4 Critical Aircraft - Determine if the critical aircraft for pavement loading and airfield geometry purposes (i.e. wingspan) have changed since the 2002 Master Plan Study, including discussion and forecast of Airport Reference Code (ARC) if needed. The aircraft fleet will evolve in time from the Boeing 757 aircraft that currently serve the airport and are no longer in production. Newer aircraft, which may include aircraft such as the Boeing 787, will impact the airport due to a trend for longer wingspans. 3.2.5 Annual Instrument Operations — Determined from a percentage of total operations. 3.3 Compare Forecasts to Existing Forecasts — The updated forecasts will be compared to existing forecasts prepared by the FAA and differences will be noted and explained. Forecasts will be refined and updated until consensus is reached. 3.4 Submit Forecasts to FAA for Approval — Forecasts will be submitted to the FAA for approval. While the forecasts and critical aircraft information is being reviewed by the FAA, any work dependent upon the approval of the forecasts will cease. 4 FACILITY REQUIREMENTS AND DEMAND /CAPACITY ANALYSIS Summary &Deliverables 6of16 JVIATION • EAi C.r e: nE EEI NI. G AL14NN?SJ C# Detailed anal sis of facility ty`axlaproveanents xe;gwrcd to meet current and future demand. • Submission of Wolrking Paper #2 — Faality Requirements The ability of the terminal and associated airside and landside elements to meet the demand forecast in the previous task will be analyzed. Guidance to be utilized includes: FAA Advisory Circulars 150 /5300 -13, Airport Design; 150/5060 -5, Airport Capacity and Delay; 150 /5360 -13, Planning and Design Guidelines forAitport Terminal Facilities; the International Air Transport Association Airpor Development Reference Manua, and additional guidance and consultant experience. The extent of improvement required to meet the demand will be determined and documented with appropriate calculations during this task. The facility requirements analysis will identify the needed improvements for the following areas: 4.1 Airside Requirements 4.2.1 Runways Including length, width, dimensional criteria and strength; based on Airport Reference Code (ARC) and critical aircraft. Runway Annual Service Volume (ASV) will be determined to specify when additional runway capacity may be necessary. 4.2.2 Taxiways The taxiway system will be analyzed for adequate geometry and capacity and /or safety related enhancements. 4.2.3 Navigational Aids Electronic, visual and satellite -based aids to navigation (including ILS, PAPI, VOR, WAAS, etc.) needs and opportunities will be determined. 4.2.4 Airspace Requirements Part 77 imaginary surfaces and ATC requirements will be studied and updated as needed. 7 of 16 JVIATIPN EN" ,Ckr NG .^. PL Nt FJ 0 4.2 Landside Requirements 4.2.1 Regional Transportation Network Confirm that planned regional transportation improvements will meet future airport needs. 4.2.2 On- Airport Circulation Roadway Assess future circulation road needs for passengers and other airport users. 4.2.3 Parking Future passenger (short and long -term) and employee parking needs will be determined. 4.3 Terminal Requirements 4.3.1 Gates and Apron Frontage The number of future required aircraft gates and parking configuration on the commercial apron will be assessed. 4.3.2 Terminal Building Requirements Basic space requirements based on the approved enplanement forecasts will be prepared, including ticketing, baggage, holdrooms, passenger and baggage screening and international passenger processing. 4.4 Regional Airport System Role Findings from existing studies, such as the Colorado State Aviation System Plan, Colorado Mountain Airport Plan, and Regional Airport Plan, and how EGE fits into a larger system of airports will be evaluated. 4.5 General Aviation (GA) Anticipated requirements for GA operations, including aprons, hangars and tie -downs will be determined. 4.5.1 Aircraft Parking Aprons The apron sizing for commercial and GA aircraft will be determined through forecasted activity levels. 4.5.2 Aircraft Storage Requirements The type and quantity of hangars and tie downs required to accommodate future demand will be determined and will assist in the performance of Task 7, Prepare General Aviation Development Plan. 4.5.3 FBO Facility Needs An assessment of the FBO services offered at EGE and competing /similar airports will be made and recommendations given for additional services that may improve 8 of 1 6 JVIATION ENCi3ntG kPIN.r3 e PLANNING customer service and competiveness. Will include a discussion of grant assurances and details related to additional FBO development. 4.6 Aviation Support Facilities Facilities required to support aviation - related activities will be determined. 4.6.1 Air Cargo Facilities The existing use and future needs for air cargo will be identified. 4.6.2 Ground Service Equipment Airline GSE storage and maintenance needs will be determined and suitable locations identified. 4.6.3 Winter Overflow and Emergency Aircraft Parking Due to the resort nature of the airport, seasonal peaking is a major consideration. If required, areas for overnight parking, both planned and unplanned, will be determined. 4.7 Airport Support Facilities Various County owned facilities are necessary to operate the airport. As the airport grows and ages, additional expansion and renovation of these facilities will likely be required. If additional space is required Jviation will assist in preparing any justification required to expand the facilities. 4.7.1 Airport Administration 4.7.2 Aircraft Rescue and Fire Fighting The current ARFF vehicle and storage needs as well as future requirements will be determined. 4.7.3 Airport Maintenance Facilities Parking requirements for Snow Removal Equipment (SRE) and other airport related maintenance equipment (e.g. mowers, loaders) will be evaluated. 9 of 16 -AVIATION' 4.8 Other Federal Agency Facility Needs (FAA, TSA, USCBP, ICE) Basic space requirements based on the approved forecasts as well as interviews with representation from other Federal Agencies that are present at the airport. 4.9 Fuel Storage Requirements - 100LL, Jet A and Self Fueling Discussions with the airport and a review of fuel sales data will occur to determine if tank sizing is adequate. Tank farm will be cursorily evaluated for conformation with current EPA regulations (e.g. SPCC). 4.10 Deicing Facilities An evaluation of compliance with current and anticipated future regulations for deicing, fluid capture will be made and appropriate mitigation measures identified. 4.11 Utilities The general utility requirements for future eligible development will be determined. 5 ALTERNATIVES ANALYSIS Summary & Deliverables • ;.< identification and evaluation of major alternative development items • Submission of Wort .ii g Paper #3, Alternatives Analysis Major alternatives to accommodate the facility requirements will be analyzed and presented. The alternatives will be a refinement of the facility requirements, and will be evaluated on various factors, including cost, environmental impacts and conformance with the planning goals of the airport. Potential alternative considerations include: • Offsite 13 acre parcel development • Additional FBO location • Customs facility development • High speed taxiway location • Runway extension to the west • Hangar layout options • Taxiway B layout and configuration The alternatives will be compared through the use of an evaluation matrix that will rank the concepts based on a thorough cost /benefit analysis. The evaluation factors will include 10 of 16 r1VIATIDN' l Nfxy R:£E3'l IIVG F PLANI,N❑ • Operations Performance • Environmental factors • Cost • Compatibility with future needs • Sustainability 6 LAND USE ALTERNATIVES The airport owns several parcels of land that could be used for development and revenue enhancement. These parcels will be examined for possible allowable uses, both aeronautical and • non- aeronautical. Major development issues, such as utilities and environmental factors and Federal grant assurances, will be addressed so that a decision can be made on whether or not to develop the land and the implications of that development. 7 ENVIRONMENTAL ANALYSIS All proposed projects will be analyzed throughout the process for potential negative environmental impacts. An assessment of the impact categories as defined by the National Environmental Policy Act (NEPA) will be performed. Any required environmental actions, such as an Environmental Assessment or Environmental Impact Statement for future work will be determined. 7.1 Environmental Analysis Proposed projects will be analyzed on a broad level in an attempt to determine their potential environmental impacts and what type of mitigation or future environmental do7umentation will be required. 7.2 Agency Coordination Agency coordination letters will be sent to applicable federal, state and local agencies (e.g. USF &W, U.S. Army Corps of Engineers, State Historic Preservation Office) to solicit feedback on proposed projects and identify any existing concerns that should be considered. 7.3 Noise Analysis Existing and ultimate noise exposure will be determined utilizing current airport operations data and forecasted activity levels and airport development. The current version of FAA's Integrated Noise Model (INM) will be used to develop 60 and 65 DNL noise contours. Any incompatible land uses within 65 DNL noise contour will be identified and options will be explored to reduce noise exposure or perform other mitigating measures. 7.4 Wildlife Management Planning Options Any existing wildlife studies or plans will be studied. The need and potential options for further study will be identified after consultation with the USDA and /or FAA. 11 o €16 JVIATION ENL. Er711 AL AN KING 8 DETAILED GENERAL AVIATION DEVELOPMENT PLAN Following selection of a preferred GA development alternative, a GA development plan will be prepared in accordance with paragraph 406.G. of the FAA AIP Handbook. The plan will include AIP eligible development items required to accommodate demand for hangar development and ensure that the development follows a logical sequence and meets defined FAA and building standards and codes. 8.1 Overall Site Development Plan A site development plan will be prepared that depicts the overall potential of the site at full build out. The site will be planned so that as hangars are added the related infrastructure can incrementally be constructed to correspond with hangar needs. Flexibility in the sizes of hangars will be maintained throughout the site, 8.2 Utilities An general assessment of the utilities required to serve the GA development, including power, water, sewer, communications, and gas and storm drainage will be performed and utility corridors established that are consistent with the site building layout. 8.3 Development Plan Report The Master Plan appendix will include a section that details the planning that went into the GA Development Plan, including utility corridors, FAA design standards, hangar separations and setbacks (IBC, NFPA, local codes), architectural standards, grading and paving criteria, etc. 9 AIRPORT LAYOUT PLAN An ALP set will be prepared that conforms to the latest edition of the FAA's Northwest Mountain Region ALP Checklist. The completed checklist will be submitted to the FAA with the ALP submittal. The ALP set will be prepared in full -color with aerial photo backgrounds where applicable for ease of readability. The drawings will include: • Cover Sheet • Airport Layout Plan & Data Table • Terminal Area Plan • Airport Airspace Drawing (Part 77) • Airspace Existing /Ultimate Approach Profiles • Inner Portion of the Approach Drawings for each Runway End • Departure Surface Drawings for Each Runway End (40:1 and 62.5:1 surfaces) • Land Use Drawing(s) • Exhibit A Property Map • Utility Drawing 12 of 16 I � JVIAT1ON eh CZ PLARI tt4G The ALP set will be plotted in full size (24 "x36" or 22 "x34 ") and half size (11 "x17" or 12"xl 8") and with the following copies distributed: • Three (3) Pre -Draft ALP Sets to the Airport for Review • One (1) Pre - Draft ALP Sets each to the FAA and CDOT for Review • Three (3) Final Draft ALP Sets to the Airport for Review • One (1) Final Draft ALP Sets to the FAA for Coordination along with pdf documents on CD • Seven (7) Final, Signed ALP Sets to the FAA • Four (4) Final ALP Sets to the Airport • Electronic (PDF & AutoCAD) files of ALP set transmitted to Airport and FAA via DVD. The Airport Facility Directory (AFD) diagram will be updated with the FAA based on any differing conditions noted in the ALP. Any finding or recommendation resulting from FAA airspace review will be remedied as instructed by the FAA. 10 PUBLIC AND STAKEHOLDER INVOLVEMENT 10.1 Briefings to County Commissioners and other Government Officials At various stages of the project, briefing will be made to the County Commissioners, County staff and other parties as required to maintain consensus. 10.2 Local Coordination Meetings Eight local coordination meetings (may include steering committee, FAA, BOCC, Chamber of Commerce, etc.) for the planned 18 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 Deputy Project Manager /Airport Planner. 10.3 Public Meetings A public involvement program, including Planning Advisory Committee (PAC) membership and meeting dates and times will be developed. Meeting dates will be incorporated into the overall project schedule. Agendas will be prepared and distributed to the PAC prior to coordination meetings. Minutes will be provided to all committee members and will be included in the final report documentation. Public Meetings will be scheduled to coincide with progress /PAC meetings to reduce travel expenses. Public involvement is an essential step in a successful project. Three public meetings will be performed and will likely include a short presentation followed by an informal "open- house" setting. The public meeting will be roughly in -line with the following schedule: • After submittal of Working Paper #1 inventory and forecasts completed 13 of 16 JVIATIDN Etd NESnWQ E ALA' NIWQ • After submittal of Working Paper #2 facility requirements completed and alternatives under study • After Final Draft Submittal - review selected alternatives) 10.4 Stakeholder Meetings Meetings will be held with other local government stakeholders (e.g. Gypsum, Eagle, Vail) as required to educate and solicit comments. Tenants will be contacted to understand their needs and gather input. 10.5 Website A project specific website will be hosted by the consultant and will include links to project information, reports, maps and other pertinent information. 10.6 Brochures Brochures that detail the goals of the project and significant information will be provided. The brochure will include basic information and will direct the readers to access the website or call for further information. Two hundred ultra digital gloss professionally printed brochures will be provided under this Scope for distribution at the County Administration Building, Libraries, etc. DELIVERABLES 11 MASTER PLAN REPORT A Master Plan Report will be prepared that meets the standards of FAA Advisory Circular 150/5070 -6B, AitportMasterPlans. The report will be submitted in four working papers for review and comment of progress throughout the study. This task includes the editing of report sections, preparation and printing of a custom cover and report tabs, as well as report publication. The report will include a discussion of the background data used and analysis conducted during the planning process. The report will be a bound 8.5 "x11" document with pull -out 11 "x17" copies of the ALP drawing set for ease of reference. Draft reports will be distributed to the Airport, FAA and CDOT along with the ALP for FAA coordination. Final reports will be bound and submitted to the FAA, CDOT and airport. Applicable electronic documents, including correspondence, calculations, drawings, bases, etc., will be supplied to the satisfaction of the sponsor. The final Master Plan Report will be presented to the County for approval /adoption. Copies of Board of County Commissioner minutes or other documentation describing the County's action on the master plan will be provided to the FAA. 14 of 16 JVIATION v kNtr tai kAiNCI G 4.GAhF t!J6 The report will generally follow the structure of this Scope of Work and will include the following primary sections: • Executive Summary • Introduction and Goals • Inventory Discussion and Tables • Aviation Activity Forecasts o Passenger Enplanements o Aircraft Operations o 'Based Aircraft o Critical Aircraft • Facility Requirements o Airside o Landside o Terminal • Alternatives and Environmental Analysis • Capital Improvement Plan with Backup Data • Public Involvement Program • Additional backup data used for a significant analysis will be included in the appendix • ALP • Airport Development Plan - Simplified ALP with future projects identified by number and table 11.1 Working Paper #1 This working paper will include the inventory and forecast sections of the report. 11.2 Working Paper #2 This working paper will include revisions made to Working Paper #1 contents as well as a new Facility Requirements Chapter. 11.3 Working Paper #3 This working paper will include any necessary revisions to Working Papers 1 & 2 as well as new Alternatives Analysis and Environmental Analysis chapters. 11.4 Working Paper #4 This working paper will include any necessary revisions to Working Papers 1, 2 or 3, as well as new sections related to financial analysis. 11.5 Final Report Preparation At the conclusion of the project the final report will be assembled and additional sections and appendices added where appropriate. 15 of 16 JVIATIDN t NC rf[kfitNra S PLANNING The four (4) working papers will be submitted to the advisory committee for inclusion into three ring binders that will be provided at the onset of the project. The review and final submittals will be wire bound with a custom cover and card stock backing. In addition to working papers and other updates, bound copies will be submitted in the following quantities: • One (1) copy each of draft final report to FAA and CDOT. • Five (5) copies of final report to Airport. • One (1) copy each of final report to FAA and CDOT. • Electronic copies (PDF) of each working paper and the final report will be submitted (via email or CD- ROM /DVD to the Airport, CDOT and FAA. 11.6 Executive Summary A high gloss, concise summary document will be produced for high level review of important details, decisions and recommendations. One hundred and fifty of Executive Summary documents will be provided. 16 of 16 EXHIBIT B Agreement For Professional Services (Compensation) Consultant compensation for the Services (including Services performed by sub - consultants) shall be a lump sum of $333,392. Such lump sum shall be the total compensation due Consultant for the Services and shall be paid in monthly progress payments equal to the percent complete for each task. All invoices shall include the percentage of completion by task with detail regarding hours spent, tasks performed and who performed each task. Out of pocket expenses are included in the above lump -sum figure. Jviation Final Planning Fee Proposal is attached hereto and incorporated herein as part of Exhibit B. Initia • Co sultant Owner ';R ^ a S: i 1 0 ; a . � ? S 4_ 4 Y x g I. s • 8 A e 4 8 . 8 1 4 z 4 0 () M. p £ _ 4 x 0.1 .-4-S- A 8 H p a ' =3 • S ^: "`�l� 7 a "'s : CCC $ z g g I i r $ H 8s8 8 8$68 , rw R 5 is �3; a ,_ - . a )» 1 E P. a 3 S5 Y' 'sy rt R C C y .'4',6. y a .. .I t g 0 s l'':'''' e I t1 � .� 9 � f. p � � r F' E %-m iiiii.p g fi k 1 ;;111;,!!1 § a $ s s g 8 '� z� 3 'a $$ fi 8 8 83 8 8$ a 5 8 8 4 E 8 8 - 3x4 a °� " � � n� °a s��x R "a i L I 2 CL 8 �V $ O - O1.< -. ott —I l it - 3 $ . ° . gyp .. Y+ y R xY .7. 1 . - fi n 5 E C 8 5 � 4 L E 9 $N ' y 1 :L 3 $� $ Sc < si ' &6 11 11 94 : u '. & � Z E 4 ', 1; as h = =as s8 a zsa s a aRa §Q g s 48! =a,a aaa� 1 4 =5.".' �a s al13,� " 2 '- . � F . - s -� " 6. a s i a e A 1 e a xis, , " -a " - -- " - ` A g :, 3 e ..was a3cf R 1 F i • e a s 1 A R V. • e 8 r z 1 " t e o a G � F 1 �� a 8 1 a i `� 55 G !li 5 91 L � � E I Y 3 figs < 1, 1 g2 ikti ;s 3 i e& i > @s 1 a e 1 121 g ° " fl ° 11.;&,; =` ; =t13o L t d -- F t€ g � as s �5 X9 a EXHIBIT C Agreement For Professional Services (Additional Services) Requests for Additional Services must be made in the format attached: Initi Co Co sultant Owner EXHIBIT C -1 CHANGE ORDER NO Agreement for Professional Services Project -Name: Project Address or Location City: State: Zip Code: "Consultant" and "Owner" are parties to a contract dated ( "Contract ") and wish to amend the Contract as follows: A. Consultant has been requested to perform and agrees to perform the following Additional Services: B. The compensation for said Additional Services shall be billed as time and materials to a maximum of $ , which is in addition to the amounts stated in the below: This Additional Services Amount Previous Additional Services Amount Total of Additional Services to date $ Original Contract Amount Contract Amount to date Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and effect. This Amendment is executed on the day of at Colorado. OWNER: CONSULTANT: By: By: Its Its Dated: Dated: Consultant's Contact Information: Street Address: City: State: Zip Code: Contact Name: Tax LD. Number Initial: 1111 Consultant Owner EXHIBIT D CIRCULAR SPREAD SHEET ____4f Init Consultant Owner • FAA Advisory Circulars Required for Use In AIP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6/2/2010 View the most current versions of these ACs and any associated changes at: htt p:/ /www.faa.aov /airoorts/resources /advisory circulars .��� ' '-3 y - �3� ;,� -„`^ti{ � �'� 3 i t i ;'S�� 4 . c e d ii � r` .. 7 t 5. 94. {.`�' �.,#'. F'�' i tf y e' Y"� f i i U' ..� �* 3 � �u.'�c:y�":SLc'3. Fs3 m:l: 70/7460 -1K Obstruction Marking and Lighting 150/5000 -13A Announcement of Availability—RTCA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 150/5020 -1 Noise Control and Compatibility Planning for Airports 150/5070 -6B Airport Master Plans Change 1 150/5070 -7 The Airport System Planning Process 150/5200 -28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200 -30C Airport Winter Safety and Operations 150/5200 -33B Hazardous Wildlife Attractants On or Near Airports 150/5210 -5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -7D Aircraft Fire and Rescue Communications 150/5210 -13B Water Rescue Plans, Facilities, and Equipment 150/5210 -14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150 /5210 -15A Airport Rescue & Firefighting Station Building Design 150/5210 -18A Systems for Interactive Training of Airport Personnel 150/5210 -19A Driver's Enhanced Vision System (DEVS) 150/5220 -4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220 -13B Runway Surface Condition Sensor Specification Guide 150/5220 -16C Automated Weather Observing Systems for Non- Federal Applications 1 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 j R I 7 .4 '� e p'� � z r . s y i >r , c t: { 150/5220 -17A Design Standards for an Aircraft Rescue Firefighting Training Facility and Change 1 150/5220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -20 Airport Snow and Ice Control Equipment and Change 1 150/5220 -21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5220 -22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns 15015220 -23 Frangible Connections 150/5220 -24 Foreign Object Debris Detection Equipment 150/5300 -13 and Airport Design Changes 1 —15 150/5300 -14B Design of Aircraft Deicing Facilities 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300 -178 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition 150/5300 -18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320 -5C Surface Drainage Design and Change 1 150/5320 -6E Airport Pavement Design and Evaluation 150/5320 -12C and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport through 8 Pavement Surfaces 150/5320 -14 Airport Landscaping for Noise Control Purposes 2 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 Y >ht �R�R r c� is 1 „s� 150/5320 -15A Management of Airport Industrial Waste 150/5325 -48 Runway Length Requirements for Airport Design 150/5335 -5A Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1.1 Standards for Airport Markings (Change 1 &2) and Change 2 150/5340 -5C Segmented Circle Airport Marker System 150/5340 -18E Standards for Airport Sign Systems 15015340 -30D Design and Installation Details for Airport Visual Aids 150/5345 -3F Specification for L821 Panels for the Control of Airport Lighting 150/5345 -5B Circuit Selector Switch 1505345 -7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10F Specification for Constant Current Regulators Regulator Monitors 150/5345 -12E Specification for Airport and Heliport Beacon 150/5345 -13B ` Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345 -27D Specification for Wind Cone Assemblies 150/5345 -28F Precision Approach Path Indicator (PAPI) Systems 150/5345 -39C FAA Specification 1853, Runway and Taxiway Retroreflective Markers 15015345 -442F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43F Specification for Obstruction Lighting Equipment 150/5345 -44H Specification for Taxiway and Runway Signs 150/5345 -45C Low- Impact Resistant (LIR) Structures 3 • FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -47B Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345 -49C Specification L854, Radio Control Equipment 150/5345 -50B Specification for Portable Runway and Taxiway Lights 150/5345 -51A Specification for Discharge -Type Flasher Equipment 150/5345 -52A Generic Visual Glideslope indicators (GVGI) 150/5345 -53C Airport Lighting Equipment Certification Program 150/5345 -54B Specification for 1-1884, Power and Control Unit for Land and Hold Short 150/5345 -55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345 -56A Specification for L -890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360 -9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150 /5360 -12E Airport Signing and Graphics 150/5360 -13 Planning and Design Guidance for Airport Terminal Facilities and Change 1 150/5370 -2E Operational Safety on Airports During Construction 150/5370 -10E Standards for Specifying Construction of Airports 150/5370 -11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380 -6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5390 -2B Heliport Design 150/5390 -3 Vertiport Design 150/5395 -1 Seaplane Bases 4 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 7 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100 -15A Civil Rights Requirements for the Airport Improvement Program 150/5100 -17 and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program through 6 Assisted Projects 150/5200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300 -15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320 -17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370 -6D Construction Progress and Inspection Report —Airport Grant Program Change 1-4 150/5370 -12A Quality Control of Construction for Airport Grant Projects 150/5370 -13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5380 -7A Airport Pavement Management Program 150/5380 -8A Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 r - R ?� A' -'�., ? $`' '"' r "b+"P ., ff; t .n� -s Announcement of Availability — Passenger Facility Charge (PFC) Application 150/5000 -12 (FAA Form 5500 - 1) 5 EXHIBIT E EAGLE COUNTY REGIONAL AIRPORT MAS'T'ER PLAN SCHEDULE • Initial: C ult Owner x u � (I) �'',' y. lr ''...41115i' ,,: fib 1, 4;:'!"..' /l., ' ' .- ,::.: 7 _ ' -' - ',. : 1 42 ,' :it , a ) : 1 i r ,22 l N 1 Fr1" 1 a "6 s � ma 3 s Q Q : ' 4 1 ; iF i ?t l''It' : i. :,,b ., z 4.1 L. !,= r,, i s S 7 u,, v x 1 / u 1, 14 • n �' ' Atilliillift i ,t-44 jai �I �7 .',�' p tti e � „ Its 3 ,,, O I i r r $W