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HomeMy WebLinkAboutbocc.con.097.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 097-2008 ORIGINATING DEPARTMENT/DIVISION: EH/NR CONTACT PERSON: RA Sullivan/W Rider PHONE #: 920-5070 PROJECT NAME: BMP Field Guide for Developers ^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ^ Over $50,000 (Requires County Manager's Signature) / CHECK PROCUREMENT TYPE: ^None ®Informal ^Formal ^Sole Source ^Emergency ^State Bid ^ ®Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc ®DOLLAR AMOUNT: $5,000 BUDGET LINE ITEM/LEDGER NUMBER: 001.80.94352.62300 / CHECK CONTRACT TYPE: ®Services/Maintenance ^License/Use ^Lease ^Construction ^Goods, Equipment, Supplies ^Other (e.g. revenue) (for county employees) ental Agreement (Requires BOCC Action) Public Agreements (Requires BOCC Action) ;e Order/Contract Amendment CONTRACTOR: Rob Buirgy COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:S/19/08 Automatic Renewal: ^Yes ®No Contract End Date: 12/1/08 Term of Contract: approx. 7 mos All Contracts should be proofed for the following: / ^ No Pages Missing / ^ If a Page is Left Intentionally Blank -Note on Page / ^ Page numbered consecutively / ^ All Signatures Affixed / ^ All Dates Filled In / ^ All Other Blanks Filled In / ^ All Exhibits Attached / ^ HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract / ^ All Legal Descriptions Attached (if applicable) / ^ Notice of Award/Notice to Proceed Attached (if applicable) / ^ Warranty(ifapplicable) / ^ Special Instructions for Finance Department: / ^ Sentto Clerk and Recorder for Scanning/Archiving / ^ Authorized Staff Person's Name: BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. w EC"F,TVED ~~Y 1 ~ 2008 alTi(!N' COUNTY EN'~IRONMENTAL hiEALTH b NATURAi RESOURCES Contract # 097-2008 CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT is made and entered into by and between the Pitkin County Board of County Commissioners ("County") and Rob R. Buirgy (hereinafter "Contractor"). 1. Term. The term of this contract is from May 19, 2008 ("Effective Date") to December 1.2008. 2. Contractor's Obligations. Contractor shall perform the services in the Statement of Work attached hereto and incorporated by reference herein. 3. Compensation and Expenses. Invoicing. Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in the Statement of Work. It is expressly understood and agreed that in no event will the total compensation and reimbursement (if any) to be paid hereunder exceed the sum of $5,000 for all services rendered. By contract amendment, the County and Contractor may reallocate the Project Budget (and associated Schedule for payment) among project tasks if the total Project Budget amount remains unchanged. Contractor shall invoice for the project in accordance with the Schedule, with payment expected within thirty (30) days of a properly documented invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. In the event the Contractor incurs time and expenses in excess of the total compensation stated above, no compensation for said additional time and expenses shall be required to be paid by the County without a written amendment to this contract executed by the County. 4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines, computer programs and other works of authorship prepared by Contractor in connection with this contract shall be the sole and exclusive property of the County. Contractor assigns to County the copyrights to all work developed pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. If Contractor uses any subcontractors in performing work for the County, Contractor will obtain for the County ownership of, and all rights of copyright in, the writings and other works of authorship created by the subcontractor. Contractor shall have the right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Warren C. Rider, Natural Resource Specialist, will manage the project as the County's Representative. In the event that Warren C. Rider is not available, Rose Ann Sullivan, Environmental Resources 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 Representative, or a designee, for compliance with Contractor's obligations prior to each interim and final payment. 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies, reports and other works prepared by the Contractor pursuant to this contract shall be the County's property and shall be promptly delivered to County. 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. Notwithstanding 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 Contractor. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer its services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standards of care, skill and diligence in the pertormance of Contractor's obligations under this contract, that all work product delivered to the County under this contract will not infringe on the copyright or any other proprietary right of any third party, and that any information or materials it develops for, or discloses to the County will not be based upon the confidential information of any third party (unless Contractor has secured the right to use and disclose such information to the County). D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 2 3 8. Assignability. This contract is not assignable by either party. Any use of subcontractors by Contractor for performance of this contract must be accepted in writing by the County. 9. Binding Arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by binding 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. Severabilitv. to the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 11. Integration and Modification. A. This contract represents the entire and integrated contract between the County and Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may be amended only by a written amendment signed by both the County and Contractor. B. The County may, from time to time, request changes in the scope of services of Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon between the County and Contractor, shall be in writing and upon execution by both parties shall become part of this contract. 12. Indemni Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not tie construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. 13. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. 3 14. Records. Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its pertormance 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 reason- able times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. 15. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 16. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 17. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. seq., 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 Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agents or employees. 18. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating amultiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's monies, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's monies. 19. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; or (2) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested, addressed as follows: 4 5 A. To the County: Warren C. Rider Natural Resource Specialist Environmental Health & Natural Resources Department 0405 Castle Creek Road, Suite 10 Aspen, CO 81611 Fax: (970) 920-5077 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 B. To Contractor: 998 Glen Oak Lane Glenwood Springs, CO 81601 20. Comoliance With House Bill 06-1343 and House Bill 07-1073 A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not. 1. Knowingly employ or contract with an illegal alien to pertorm work under this Contractor; 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 pertorm work under this Contract. B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108'" Congress, or its successor, that is administered by the United States Department of Homeland Security] 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 5 provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening ofjob applicants while this Contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the Contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. ROB R. BUIRGY: ~~ Date: PITKIN CO NTY: Rose Ann Sullivan Environmental Resources Manager Date: 5-20 -08 6 STATEMENT OF WORK OVERVIEW Contractor will research current knowledge on Best Management Practices (BMPs) through a literature review, focusing on the most successful construction site stormwater management practices in mountain communities in the arid southwestern United States. Contractor will evaluate these BMPs and recommend those most suitable for implementation in western Colorado's unincorporated mountain communities, including unincorporated Pitkin County. Contractor will use reasonable efforts to confirm that the recommended BMPs satisfy applicable state and federal regulations pertaining to stormwater management on construction sites, recognizing that all BMPs must be tailored for specific on-site conditions. Contractor will develop a field guide for developers that illustrates correct implementation and maintenance of the recommended BMPs and describes appropriate circumstances for use of the various BMPs. More specifically, Contractor will address the specific needs of mountain site erosion and sediment control from the public improvements stage of a development through on-site construction, to the point when permits are closed out. It will apply a "treatment train approach" to construction BMPs that provides the redundancy necessary to comply and keep sediment on site. It will emphasize when the use of onsite materials would be beneficial and ways that common BMPs can lie adjusted for mountain environments. Recommendations for permanent BMPs will be inGuded, when feasible. The guidebook will be "user-friendly" and inGude both text and extensive graphics. Black & white photographs may also be inGuded, provided that they reproduce legibly. The Project Budget is $5,000. All services rendered by Contractor and all direct and indirect expenses incurred by Contractor in pertormance of such services shall be rendered for the Firm Fixed Price of E5,000. All drafts and final versions of documents required to be delivered under this contract: (1) must establish, and correctly and consistently use defined terms and (2) be spell-checked for grammatical correctness. All drafts of documents required to be delivered under this contract will be delivered as non copy-protected WORD documents, by a-mail. All final versions of documents to be delivered under this contract will be delivered as non copy- protected WORD documents, and on CD-ROM. 11. TASKS Contractor will provide the services specified below within the time periods specified in this Section II and Section III. Timely performance of each of the tasks described below is a material condition of this contract. If Contractor's pertormance is delayed as a direct result of any failure by the County to perform within the timeframe specified, then Contractor's time of performance shall be extended by a period of time equal to the period of delay by the County. 7 V Payments to Contractor shall be made in accordance with the payment schedule specified in Section III below. Where a milestone payment is tied to receipt of a contract deliverable, payment shall be contingent upon acceptance of that deliverable by the County. A. Project Initiation Meetins~ On a mutually agreeable date, and at a mutually agreeable time (but in no event later than 10 days from the Effective Date), Contractor will meet with County Environmental Health & Natural Resources Division ("EH/NR') staff at the EH/NR offices in Aspen, CO, or by conference call. The parties will discuss the overall project goals in more detail. B. Preparation and Delivery of Draft Outline and Final Outline Contractor will prepare and deliver a substantive outline ("Draft Outline") for the handbook that will be prepared by Contractor as the final contract deliverable. The Draft Outline will be prepared in sufficient detail for the reader to have a clear understanding of the substance of each subsection of the ultimate handbook. The Draft Outline will be delivered to EH/NR staff for review no later than 20 days after the Effective Date. The Draft Outline will be reviewed by County staff. EH/NR staff will provide comments to, and discuss necessary changes with Contractor within 5 days after receipt of the Draft Outline. Contractor will then prepare a final draft of the substantive outline for the handbook incorporating these comments (the "Final Outline"). The Final Outline will be delivered to EH/NR staff no later than 35 days after the Effective Date. C. Research and Analysis Contractor will pertorm all research and analysis necessary to address the issues identified in Section I above, as reflected in the Final Outline. D. Preparation of Draft Handbook Contractor will prepare and deliver to EHMR staff a draft of the handbook ("Draft Handbook") no later than 90 days after the Effective Date. The Draft Handbook will be reviewed by County staff. EH/NR staff will provide comments to, and discuss necessary changes with Contractor within 10 days after receipt of the Draft Handbook. F. Preparation and Delivery of Final Handbook Contractor will prepare and deliver to EH/NR staff a final draft of the handbook ("Final Handbook") no later than 125 days after the Effective Date. The Final Handbook will accurately reflect the subject matter contained in the Final Outline, all comments on the Draft Handbook conveyed to Contractor, and will otherwise meet the requirements for the handbook specified in Section I above. 8 III. Schedule of Tasks and Payments Task Description of Task Contractor County Milestone CompletioNDelivery CompletioNDelivery Payment Date Date A. Project initiation meeting between Not > 10 days after Not > 10 days after Effective - Contractorand EH/NR staff. Effective Date Date B. 1 Contractor preparetion and delivery of Draft Not > 20 days after - - Outline. Effective Date B. 2. EH/NR staff delivery of comments on Draft - Not > 5 days after receipt of - Outline. Draft Outline B. 3. Contractor preparation and delivery of Final Not > 35 days after - $500 Outline. Effective Date C. Research and analysis by Contractor. - - - Preparation of Draft Handbook. D. 1. Contractor delivery of Draft Handbook. Not > 90 days after - $1,500 Effective Date D. 2. EH/NR staff delivery of comments on Draft - Not > 10 days after receipt of - Handbook. Draft Handbook E. Contractor revision and delivery of Final Not > 125 days after - $3,000 Handbook. Effective Date IV. Personnel & Materials A. Contractor Contractor shall perform the services required under this contract utilizing the following third party consultant: Michelle DeLaria 5485 Flower Ct. Arvada, CO 80002 Contractor's primary point of contact in connection with contract performance shall be: Rob R. Buirgy Phone: 970-690-4655 Email: Contractor has indicated that it intends to use the 1998 publication "Erosion and Sediment Control During Construction" as its "starting point" for this project. Contractor acknowledges and agrees that it is Contractor's responsibility to secure all intellectual property and other rights necessary to use this publication to perform the work required under this contract, at Contractor's sole cost and expense. 9 ~~ B. Coun The County's primary point of contact in connection with contract pertormance shall be: Warren C. Rider. Phone: (970) 429-2033 Fax: (970) 920-5077 Email: 10