HomeMy WebLinkAboutbocc.con.192.2007CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 192-2007
ORIGINATING DEPARTMENT/DIVISION: swc LANDFILL
CONTACT PERSON: Jason Ferguson
PROJECT NAME: MRF Heating System
^ BOCC AGENDA ITEM
(Requires I30CC Signature}
CHECK PROCUREMENT TYPE:
PHONE #: 429-2892
®ST'AFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005}
^None ^Lnfoimal ®Formal ^Sole Source ^Emergency ^State Bid ^
^Compliance with House Bills 06-1343 and 07-1073 (Under $10,000, Letters of Engagement, etc.)
CHECK CONTRACT TYPE:
DOLLAR AMOUNT: $31,987.00 BUDGET LINE ITEM/LEDGER NUMBER:
416.68.92665,86874
®Se~vices/Ma intenauce
^License/Use
^Lease
^Conshuction
^Goods, Equipment, Supplies
^Other {e.g. revenue)
^Employment {for county employees)
^hitergovernmental Agreement (Requires BOCC Action)
^Non-Profit
^Quasi-Public
^Grant Agreements (Requires BOCC Action}
^Change Order/Contact Amendment
CONTRACTORBUSINESS; Complete Legal of Name of Business T 8c E Marshall
Enterprises Z ~,~
Contract Execution Dater Contract End Date: X5•/68' ~~-3/1~'~
Automatic Renewal ^Yes ®No Tcrm of Contract:~~roo ~ /j /~ g - ~j f 3 / /G' $"
,~
~ ,;
S+~~ All Cmitracts should be proofed for the following:
/ ®No Pages Missing
/ ®If a Page is Left Intentionally Blank -Note on Page
/ ®Page numbered consecutively
/ ®All Signatures Affixed
/ ®All Dates Filled In
/ ®All Other Blanks Filled ]n
/ ®All Exhibits Attached
/ ®HB 06-1343 and 07-1073 Legislation Iiichided in RFP and/or Contract
/ ®Al] Legal Descriptions Attached (if appropriate)
/ ®Notice of Award/Proceed Attached (if appropriate)
/ ®Wan-auty, if applicable
^Special Instructions for Finance Deparhneut:
®Seut to Clerk and Recorder for Scanning/Archiving
®Authorized Staff Person's Name: Chris Hoofnagle
BY CHECKING ABOVE AND ENTERING NAMF,, THE AUTHORIZED STAFF
PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEF,N PROOFED
ANI3 READY FOR. SCANNING,
NOTE: CLERK'S OFFICE'~VILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE ~~h
WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ~~,
Feb. 1. 2(108 11;46NP~
Pltkin Cnty solid wa:e center Vo.1964 P, 2
CONTRACT FOR PRO'(rISION OF SERVICES
Contract # 192-2007
Budget Line Item # 416.68.92665.86874
Rev 01124/08js
u~~ oliza~os~r
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and T & E Marshall Enterprises, Inc (hereinafter
"Cont,~actor").
1, Term. The term of this contract is from Febntary 1, 2008 to July 31, 2008.
2, Contractor's Obligations, Contractor shall provide 13uyer the following goods
conforming to the stated description and any Technical Specifications attached to this
contract:
a, The Purchase and installation of two (2) new waste oil heaters for the MRF
(1Vlaterials Recovery Facility), Both waste oil heaters shall be OMA1I 1~cona Heat
brand and have a BTU of 350,000. Each heater will bum 2.4 gallons per hour.
Bach will have a 2-1l4 HP motor and each burner will draw 18.7 amps.
b. Contractor will remove our existing waste oil heaters and replace with new ones.
d. Contractor will provide and install a programmable thermostat at each heater
Iocation at the height of six feet off the floor,
e. The installation will be in accordance with the ILFP guidelines. (see appendix A)
~-.~~~T
3. Com»ensation and E~bensts. Invoicing. Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out in
Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of X31.987.00 for all services rendered. By
contract or amendment, the County and Contractor may reallocate the budget among project tasks if
the total budget amount remains unchanged. Coniractor shall invoice for the project monthly based
on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the
County maybe offset by any amount the Contractor owes the County far any reason.
3.1 I.IOrJIDATIJD DAMAGES. Vendor hereby agrees to be responsible to Buyer
for liquidated damages for failure to deliver goods pn time, (for delay and not as Penalty) in the
amount of X50.00 per calendar day for each day or part of a day that goods are not delivered on
Feb. 1. iQ08 11.46NM Pitkin Cnty~ s~~lid wa:° center Vo.1964 P. 3
Rev O1/24/08js
the date and time established in accordance with this contract. The parties agree that the stated
sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that
they genuinely intend to liquidate such damages. Any such damages are to be deducted from
purchase price.
4. Cauntv's Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this contract shall be
the property of the County. However, Contractor shall have the right to utilize such documents
in the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: 1) reproduce the work; 2) prapare derivative works; 3)
distribute copies to the public; A) perform the works publicly; and 5) to display the rvotk
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketiug purposes and professional presentations, articles, speeches and other business
purposes.
5. Pitkin County's Obligations. Pitkin County shall administer this contract
through a County Representative. Jason Ferguson, Solid Waste Operations Supervisor will
manage the project as the County's Representative. Tn the event that Jason lerguson is not
available, Chris Hoofnagle, Solid Waste Manager shall assume the County Representative's
duties. The services provided and products delivered by the Contractor under this contract will
be subject to review by the County's Representatives, or a designee, for compliance with
Contractor's obligations prior to final payment,
6. Termination Prior to Expiration of Contract Term. The County has the right
to terminate this contract, with of without cause, by giving written notice to the Contractor of
such termination and specifying the effective date thereof. Such notice shall be given at least ten
(l0) days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant to the terms of this
contract prior to the date of termination. Not withstanding the above, Contractor shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach of
the contract by the Conhactar.
7. Ynde~pendent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent Contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin
County under this contract, Contractor may choose to work for other individuals or entities
2
Feb, 1, ~Q08 11.4iAM Pitkin Cntg solid wa:e center Vo,1964 P. ~
Rev 01/24108js
during the term of this contract, provided that the basin services and deliverable products
required under this contract are submitted in the manner and on the schedule defined under this
contract.
C. Contractor warrants that all work produced will conform to all applicable
industry standard of care, skill and diligence in the performance of Contractor's obligations under
this contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of
any Pitkin County employee, servant or agent in the course of completing work under this
contract.
E. Contractor is not entitled to any W'orkers' Compensation benefits through
Pitkin County and is responsible for payment of any federal, state, FICA and other income
taxes,
S. Assie-tability. This contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this contract must be accepted in writing by the
County,
9. Bindine Arbitration. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
10. Severab3lity. In the event that any provision of this contract shall be held to be
invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding
upon the parties hereto
11. Integration and Modification.
A. This contract represents the entu~e and integrated contract between the
County and the Contractor and supersedes all prior negotiations, representations, or confract, either
written or opal. This contract may be amended only by mitten contract signed by both the County
and the Contractor.
B. The County may, from time to time, request changes in the scope of
services of the Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor's compensation, which are mutually agreed upon
behveen the County and the Contractor, shall be in writing and upon execution shall become part
of this contract.
3
reo,
I. tVUa 11,4iAM Yitkin linty solid wa:e center Vo, 1964 P. 5
Rev O1!24/08js
12. lied i .
A. 'the Contractor (including, by defuution here and hereiaafter, its ofl3cials,
employees, ageaus ark representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnify and hold harmless the Cotmty of Pitkin and its officials, employees, agents
and representatives &orn and against liability for arty claim, demand, loss, damagas, penalty, judg-
ment, expenses, costs (including costs of investigation and defense), fees (including reasonable
attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily
injury, death, personal injury or property damage arising out of or in connection with any negligent
act, intentional ad, error or omission by the Contractor, and for any consequential liability alleged
to accrue against the County on account of the Contractor's acts, eaters or omissions; provided,
however, that such indemnity shall not be construed as an indemnity for bodily injury ar property
damage arising from the sole negligence of the County or its employees.
13. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay ox settle all claims, demands, or lawsuits related hereto at its sole
expense and shall bear all other costs and expenses related ther~o, even if the claim, demand or
lawsuit is groundless, false or fiaudulent.
13. Ilnsarance.
A. In whole or in part, the Contractoz shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as speafied, from claims for bodily
injuries, death, personal injury or property damage. which may arise out of or result from the
Contractor's acts, errors or omissions. The follovru~g insurance coverage, at or above the limits
indicated and including such endorsements as are indicated by an "X", are required:
Staiutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability -1501998 Form or equivalent
~NI Corrrt~ Honied oddbMnallnsrnedJ
Each Occun~ence Limit
$1.000.000.00
General Aggregate Linut $2.000.000.00
Products/Completed Operations Aggregate Limit $2.000,000.00
Comprehensive Form (All risks} to include (plots .Y by applicable
provfstons):
X Pcemises/Operations
_ Underground, Explosion & Collapse Hazard
~ Produds/Completed Operations
X Contractual Liaboiity
Indcpcndcnt Contractors and Subcontractors
~L Broad Form Property Damage
X Personal Injury
Feb. 1. ~(~08 11:4iHM Pltkin Cnty solid wa:e center Vo.1964 P.
Rev Ol/24108js
c, Any and all deductibles in the above-described insurance policies shall
be assumed by and be for the amount ot, and at the sole expense of the
Contractor.
d Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to
the County's Representative at least fifteen (15) days prior to a policy's expiration date except for
any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any
policy and any policy endorsement at arty time during the term of this contract.
14. ExeEx mptions. All purchases of construction, building or any other materials for
this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this contract for a period of
three (3) years after final payment under the contract and the County shall have the right within
the three (3) year period to inspect and audit these books, records and documents, upon demand,
in a reasonable manner and at reasonable times, for the purpose of deternvning, by accepted
accounting and auditing standards, compliance with all provisions of the contract and applicable
law.
1ti. Contract Made in Colorado. The parties agree drat this contract was made in
accordance with the laws of the State of Colorado and shall be so construed Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
l7. Atto_ rney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described in Paragraph 9, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
18. Governmental YmmunitY. Contractor agrees and understands that Pitkin County
is relying on and does not waive, by any pro«sion of this contract, the monetary limitations or
terms (presently $150,000.00 per person and $600,000 per occrulence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101,
et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further; nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the Courrty or its agent ar employees.
6
Feb, 1, i(i08 11:4iAM Pllkln Cnty~ solid wa:: center Vo.19b4 P. 6
1Zev 01!24/OSjs
3, Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,OOO,OOO.OD
Including all owned, non-owned, and hired vehicles.
4. Special Coverages (check as appropriate and insert amount):
_ (1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
_ (3) Aircraft Liability
_ (4) Owner's Protective
_ (5) Builder's Risk
_ (6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Fxnployee Dishonesty Coverage, or 1"idelity Bond
B. Proof of Insurance;
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the County through
the representative identified in paragraph 5, no later than ten (10} calendar days prior to com-
mencement of operations affecting the County. Failure to frle or maintain acceptable Certificates
of Insurance with the County is agreed to be a material breach of any contract. These Certificates
of Insurance shall contain a provision that coverage afforded under the policies will not be
canceled or materially altered unless at Least thirty (30) calendar days prior written notice by
certified mail, .return receipt requested (effective upon proper mailing), has been sent to the
Procurement Officer. {Far purposes of this provision, "materially altered" shall mean a change
affecting the coverage's required herein, including a change to policy limits as set out in the then-
cu~~rent policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall
file with the Procurement OfI"icer a certified statement as to claims pending against the required
coverages, reserves established on account of such claims, defense costs expended and amounts
remaining on policy limits.
2. ]n addition, these Certificates of Insurance shall contain the
following clauses:
a. The clause "other insurance provisions," in a policy in which the
County of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder
shall have na recourse against the County of Pitkin for payment of any
premiums or for assessments under any fo~.~n of policy.
S
Feb, 1, i(i08 11:48NM Pltkln Cnty sol Id wa:e center Vo, 19b4 P, 8
Rev O1/24!0$js
19, Current Year Obliaafrons. The parties acknowledge and agree that an}~
payments provided for hereunder or requirements far future appropriations shall constitute only
cmTently budgeted expenditures of Pitkin County. Pitkin County's obligations under this
contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary
to provide the services set forth herein. No provisions of the contract shall constitute a
mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of
Pitkin County. No provision of the contract shall be construed or interpreted as creating a
multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within
the meaning of any constitutional or statutory debt limitation. This contract shall not directly or
indirectly obligate Pitkin County to make any payments beyond chose appropriated for Pitkin
County's then current fiscal year. No pmvisions of this contract shall be construed to pledge or
create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this
contract restrict the future issuance of Pitkin County's bonds pr any obligations payable from any
class or source of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivezed
through any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County
Jason Ferguson, 76 Service Center Road, Aspen, CO, 81611
with copies to:
Pitkin County' Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Conn-actor:
T&E Marshall Enterprises, Inc.
21. Comnliance with House Bi110ti-1.343.
A. In compliance with PTouse Bi1106-1343, amending Title 8 of the Colorado
Revised Statutes by the addition of Article 17.5, lllegal Aliens-Public Contract for Services,
enacted by the General Assembly of the State of Colorado, the Contractor shall not:
1, Kuowingly employ or contract with an illegal alien to perform work under
this contract or;
2, Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. Incompliance with 1-louse Bill 06-1343 enacted by the General Assembly of the State of
Colorado:
7
Feb, 1. ~Q08 11:48AM Pilkin Cnty~ s~~lid wa:° center
Vo.1964 P, 9
Rev 01124/08js
1, The Contractor shall verify or attempt to verify through participation in the
Basic Pilot Program [created in Public l.,aw 208, 104th Congress, as amended and
expanded in Public Law 156, 108't' Congress, as amended, that is administered by the
United States Department of Tdomeland Security] that the Contractor does not employ any
illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to
entering into this contract, the Contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this contract has been
completed, whichever is earlier. This provision shall not be required or effective if the
Basic Pilot Program is discpntinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre_employment screening of job applicants while this contract is
being performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or conU acts with an illegal alien, the
Contractor shall be required to:
a. Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b, Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not kno~cvingly employed or contracted with an
illegal alien.
4. The Contractor shall comply with any reasonable request by the Department
of Labor and Employment made in the course of an investigation that the Department of
Labor and Employment is undertaking pursuant to the authority established in Subsection
(5) of C.R.S. § 8-17.5-102.
1N WITNBSS WI-lERE4P, the parties have executed this contract as of the date first set out
herein above. ,~
CONTRACTOR: PITKD4'COUNTY/. _:'
Ll to n et, PW Director Date
Title ~ ~~ ~
Feb, 1. 1608 11,48~M Pitkin Cnty solid wa:a center Vo, 1464 P. 10
}i'_ev 01l24lOSjs
Ap]PI;NDUr A
A. The contractor shall ensu-~ all systems will be compatible with the volatile environment
in the M1tF. (i.e. dust and fiber particles in the air and fiber commodities stored in MRF).
B. The contractor shall make sure the electrical system in the MR>;' is capable of handling
the heat unit. If not, the upgrading of the electrical system shall fie included in the proposal.
C. The contractor shall pull all permits (building, electrical, etc.) necessary for the
installation and completion of work.
D. The contractor shall be licensed, insured and oversee all licensed subcontractors if
he/she is not licensed in all areas of the scope of work performed.
E. The contractor shall schedule final inspections upon completion with appropriate
inspectors.
F. The contractor shall warranty his/her work for one (1) year itr addition to the
Manufacture's warranty on ali equipment.
G. Work shall be perfor2rred between Monday-Friday 7:30.30. Contractor shall work in
conjunction with ongoing Mk.F operations and not intemrpt MRF operations for more than fii~een
(15) minuets atone time.
project.
H. The contractor shall provide all tools, mateaials and labor to successfully complete the
9
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FEB-84-2008 14:33 From:T E MARSHRLL ENT 970 927 8074 To:970 923 2043 P.3~5
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If the certificate holder Is an ADDITIONAL INSURED, the policy{ies) must be endorsed. A statement
on this ceRlficate does not comer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions o1 the policy, ceRaln policies may
requiro an endorsement A statement on this ceRlflcate does not confer rights to the ceRlflcate
holder in lieu of ouch endorsemeM(s).
f)ISCLAIMER
The CeRlf~ate of Insurance on the reverse side of this form tloes not constitute a contract between
the issuing insurer(s) authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
Received Time Feb. 4. 2008 1:52PM No. 1915