HomeMy WebLinkAboutbocc.con.209.2010Contract #209-2010
I.edger #416.68.92664.86842
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THIS CONTRACT is made and entered by and between thc Pitkin County Board of
County Commissioners ("County") and Gienwood Structural and Civil, Inc., 812 Pitkin Avenue,
Gienwood Springs, CO 81601 (hereinafter "Contractor"or "Engineer'�.
1. Tercn. The term of this contract is from September 28, 2010, to June 30, 2011.
2. ConVactor's Oblieaqons. SCOPE OF WORK
The Engineer shall provide the following Structural Engineering services:
Foundation design for the Centusion Tmck ScaSe manufaciured by Btek ecales based on the
,...� foundation plan BT -4011-200-FESD-SLA and in coordinatioa with site drawings prepared by
Menendez Arclutects. Drawings wIll include foundation plan and associated detaila and shali be
sealed by a Professional Engineer registered in the State of Colorado.
Const�uction Administration services including review of reinforcing steel shop drawings and
review of screw pile engineered drawinge.
CondiNons
A. Foundations shail be designed based on tho Geotechnical F,ngineuing atudy prepared
by HP Geotech dated September 14, 2010 (Job No. 110 252A). Screw piies beating on
the claystone bedrock will be used to suppoR the scalo as recommended in the above
study.
B. Architect�u�al, Civil and Site related design, Geotechnical, Mecheaical, Electrical, and
Construction Survey/Layoyt shall be by othecs. Any engineering not spacificaUy
menrioned in the scope of work shall be considered outside the scope oFthese services.
C. Construction observation and/or administration, other Wan any eervices specifically
iucluded herein, shall be considered outsido the scope of this pivjcct. Any such services
required will be provided at the rau estabtished below with previous authorization by
Pitkin County.
D. Printing, freight, and postage, otber than any specifically included herein ahall be
� reimbursable.
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CONTRACT FOR PROVISION OFSBRVICES
Contract #209-2010
Ledger #416.68.92664.86842
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E. The Engineer wili not be responsible for construction costs.
Rev. 09/ISf20101m
F. Copies of documents that may be relicd upon by Pitkin County are limited to the
printed copies (also known as hard copies) that ace signed or sealed by the Engineer. Files
in electronic media format or text, data, graphic or other types that are fumished by the
Engineer to Pitldn County aze only for convenience of Pitkin County. Any conclusion or
information obtained or detived from such electronic files will be at t6e user's sole risk.
When transferring documents in electronic media format, the Engineer makes no
representations as to precision, long term compatibiliry, usability, or readability of
documents.
G. The standard of care for all pmfessional services performed or furnished by the
Engineer under this agreement will be the skill and care used by members of the
Engineer's profession practicing under similar circumstances at the esme time nnd in the
same tocality. Enginar mekes no warranties, express or implied, under this agreement or
otherwise, in connection vrith the Bngineets services.
H. Any modification to this agreement shall be made in writing �nd ac}a�owledged by
both parties.
I. Pitkin County, or other agents of Pitkin County, shall coordinate with the Buildiag
Deparpnent with respect to specific submittal and permit requirements, submit the
drawings to the Building Department and pull the permit.
J. Any provision herein found to be invalid shall have no effect on the validity of the
remaining provisions.
'IYme of Performance
The Engineer's services s6a11 be performed as expeditiously as is consistent with professional
skill and care and the orderly progress of the Project.
3. Camnens�tion and �xoenses. Invoicing. Paymeat 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 56,700.00for all
services rendered. By contract or amendment, the County end Contractor may renllocate the
budget among project tasks if the total budget amount remains unchanged. Contractor ahall
invoice for the project mont}ily based on hours worked, with payment expected withia thirty (30)
days of invoice, but any payment by the County may be offset by any emount the Coniractor
owes the County for any reason.
4. �unty's Exclusive Ownerahip of Work Product. Drawings, specificationa, guidetines
and other docwnents ptepared by Conhactor in connxtion with thi: contract shall be the
...._ � pmperiy of the County. However, Contractor shall have the right to utiliu such documents in
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Conkaet #209-2010
Ledger#416.68.92664.86842
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the course of its marketing, professional presentations, s¢d for other busincss purposes.
Contractor assigas to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: i) rcproduce the work; Z) prepare deriv�tive works; 3)
distribute copies to the public; 4) perform the works publicly; and 5) to diaplsy the work
publicly. Contractor shall have right to use materials produced in the coucse of this eontract for
marketing purposes and professional presencations, arkicles, spceches and other business
purposes.
5. Pitkin CounN's Obligations. Pitkin County shall administer tlus contract tlixough a
County Representative. Hilary Burgess will manage the project as the County's Representadve.
In the event that Hilary Surgess is not available, Chris Hoofnagle shail assume the County
Representarive's duties. The services provided and products delivered by tht 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. Terminstion Prior to Exoirstion of Contrect Ter[n. Thc County has die 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 aotice shall be given at least ten (10)
days before thc effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prepared by the Conuactor pwsuant to this contract shall
become the County's properiy. Contractor shall be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant co the terrns of this
� contract prior ta the date of terminarion. Not withstanding the above, Contractor shall not be
relieved of Iiability to the County for damages sustained by the County by virtue of any breach
of the contract by the Contractor.
7. dn e dent Contractor Stahu.
A. T6e parties to this contract intend that the relationshig between them
contemplated by the contract is that of independent Contractor. Contcactor, end any agent,
employee, or servant of Contractor shall not be deemed to be an empioyee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin Couniy under
this contract. Contractor may choose to work for other individuals or entities during t6e 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. Conhactor warcants that all work produced will cottform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obfigations under this
contract.
D. Contractor sha11 not attempt to oversee or supervise the work or actions of any
Pitkin County emptoyee, servant or agent in the course of completing work under this contract.
E. Contracwr is not entiHed io any Workers' Compensation bwefits through Pitkin
„� County and is responsible for payment of any federal, state, FICA and other income taxes.
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8 Assienabiliri. This contract is not assignable by either party. Any use of subcontractors
by the Contractor for performance of Yhis contract must be accepted in writing by the County.
9. Binding Arbitrarion. Any disputes arising out of this contract shali be subject to binding
arbitration. The pazties agree that any disputes concerning the terms and condiGons ofthis
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 azbitrate Pitkin County contract disputes. Costs of
the arbitrafion shali be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall temain valid and binding upon the
parties hereto
11. Inteeration and Modificatioa
A. This contract represents the enrire and integated contract between the County and
the Contrsctor and supecsedes all prior negoriations, representadons, or contract, either written or
oral. This contract may be ameaded only by written contract signed by both the Co�mty and the
Contcactor.
B. The County may, from time to time, request chaages 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, wMch ate mutually agreed upon between the
County and the Contractor, shall be in writing and upon exeeutian shall beeome part of this
contract.
12. demnit .
The Conhactor (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subconuactors end supptiers), shall and hereby does re►ease, discharge, indemnify
and hold hatmless the County of Pitkin and its officials, employees agents and representatives from
and against liability for any clsim, demand, loss, damages, penalry, judgment, expenses, coscs (in-
ctuding costs of invesdgation and defense), fees (including reasonabte attomey and expert witness
fees) or compensa6on in any form or kind wLatsoever for any bodily injury, death, personal injuiy
or prope�ty damage erising out of or in conneccion with any negligent act, intentional act, error or
omission by the Contractor, and for any consequential liability atleged W accrue against the Counry
on account of the Cantractor's acts, enors or omissions; provided, however, that suc6 indemnity
shall not be conshued as an indemnity for bodily injury or property damage arising from the sale
negligence of the County ar its employees.
The Conuactor fucther shall investigate, process, respond to, sdjust, provide defense for and defend,
pay or settle all cla'vns, demands, or lawsuits related hereto at its sole expense and shatl bear all
other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or
fraudulenk
13. �.
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Conhact#209-2010
LeAger #416.68.92664.86842
A. In whole or in part, the Contractor shali seeure 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 okheis as specified &om claims for bodily
injwies, death, personal injury or pmperty damage, which may arise out of or result from the
Conhactor's acts, errors or omissions. The following insurnnce coverage, at or above the limits
indicated and including such endorsements as are in&cated by an "X", ue required:
Rev.09/15R0501m
1. Statutory Worlcers' Compensation: Colorado statutory minimums
2. Commercial General Liability — ISO 1998 Form or equivalent
(With County named additional inserred}
Each Occurrence Limit S 1_OOO.00O.OQ
General Aggegate Limit 52.000.000.00
Products/Completed Operations Aggregate Limit �2.000.000.00
Comprehensive Form (Alt risks} to include
_ C� Premises/Operations
Uadergound, Explosion & Cotlapse Hazard
7C Products/Completed Operations
X Conhactual Liability
� Independent Contractors and 5ubconUactors
X Broad Porrn Property Damage
--.. X PersonalInjury
3. Business Auto Covezage:
Combined Single L'unit Liability (each accident) S 1.000.000.00
4. Speciai Coverages (check as appropriate and insert amount):
! (1) Performance Bond
Labor and Material
Payment Bond
X (2) Professional Eaors and Omissions
! (3) Aircreft Liability
_ (4) Ovmer's Protective
_ (5) Buiider's Risk
_ (6) Boiler and Maehinery
_ (7) I.oss of Use Insutance
_ (8) Pollution Liability
^ (4) Crime, including Employee Dishonesry Coverege, or
Fidelity Bond
B. Proof of Insurance:
1. To provide evidence of the required insucance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the
County through the cepresentarive identified in Paragnph 5, no later than tea (10)
_ calendar days prior to commencement of operations affecting the County. Fai3we to file
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Contract #209-2010
L.edger #416.68.926b4.86842
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Aev.09A5/20101m
or maintain acceptable Certificates of Insurance with the County is agreed to be a
matcrial breach of any contract. These Certificates of Iasurance shall contain a provision
that coverege afforded under the policics will not be canccled or materially altered unless
at teast thirty (30) calendar days prior written notice by certified mail, return receipt
requested (effective upon pmper mailing), has been sent to the County (through the
County's Risk Department). (For purjwses of this provision, "materially alteted° shail
meaa a change affecting the coverage's required herein, including a change to policy
limiu as set out in the then-current policy declarations page).
Simultaaeously with the Ce�tificates of Insuxance, the Coniractor shxll file with the
County's Risk Department (and promptly update, as necessary) a ceriified statemcnt as to
claims pending against the required coverages, reserves establishat on account of such
claims, defense costs expcnded and amounu remaining on policy limits.
2. In addidon, these Certificates of Insurance shall contain the foliowing
clauses:
a The clause "other insurance provisions," in a policy in which the
County of Pitkin holds a Certificate, shatl not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder
shall 6ave no recourse against the County of Pitkin for payment of any premiums or
for assessments under any foim of policy.
c. Any and all deducdbles in the above-described iasurance policies
shall be essumed by and be for the amount of, aqd at the sole expense of the
Contractor.
d. Location of opecadons shall be: "all opemtions snd locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal poticies sball be delivercd to the
County's RepresentaBve at least fifteen ( t 5) days prior to a policy's enpiralion 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 any time during the teim of llris contract.
14. Exemotions aed Preferences. All purchases of consttuction or building or any other
materials for this contract shall not include Federal Excise Taaces or Coirnado 5tate or local sales
or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-SK.
15. $ecords. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents conceming iu performance telating to this contract for a geriod of three
(3) years after final payment under the contract and thc County shaU have the right within the
three (3) yeaz period to iaspect and audit these books, records and documenu, upon demand, in a
reasonable manner and at reasonable ticnes, for the purpose of dete�mining, by accepted
accounting and auditing standards, compliance with ali provisions of the contract and �ppticabie
,� law.
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Contract #209-2010 e�. osnsnmo �
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16. Contiact Made in Colotado. 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 courfs of Pitkin County, Colorado.
17. Attomeds Fces. In the event that legal action is necessazy w enforce any of the provisions
of this contract beyond the arbitration described in Pazagraph 9, the substantially prevailing party
shall be enritled to its cosu end reasonable attorney's fees.
18. Governmental Immunitv. 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 Govemmental 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. Fuither, nothing in this conhact s6all be construed or intecpreted
to require or provide for indemnificarion of the Contractor by the County for any injury W any
peison or any pmperty damage whatscever which is caused by the negligence or other misconduct
of the County or iu agent or employees.
19. Current Year Obli¢arions. The parties aclrnowledge and agree that any payments
provided for hereunder ot requirements for future appropriations shall consGtute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are
subject to Pitldn Counry'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 conswed or interpreted as creating a multiple-fiscal year direct
or indirect debt or other financial obligarion of Pitkin County within the meaning of any
constitutiunal or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County w make any payments beyond those appropriated for Pitldn 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 moneys, nor shall any provision of Uus contract restrict the
future issuance of Pitkin County's bonds or any obligations payable firom any class or sowce of
Pitkin County's money.
20. otice. 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 �elow; (2) delivety by
facsimile with confirmation of receipt to the fax number below; or (3) within ttuce (3) days of
being sent certified first class mail, postagc prepaid, retum receipt requested addressed as
follows:
A. To Pitkin County with cooies to:
Chris Hoofnagle
76 Service Center Rd.
970-923-2043
Piticin County Attomey's Office
530 E. Main Street, #302
Aspeq Colorado 81611
Fa�c: (970) 920-5198
B. To Contractor:
Glenwood Siructural and Civil, Inc., 812 Pitidn Avenue, Glenwood Springs, CO 81601
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Contract#209-2010
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21. Illeeal Aliens — Pabtfc Contracts for Services
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In conformance with the provisions of C.RS. § 8-17.5-101 and LO2, as amended;
1. Contractor shall not lmowingly employ or contract with an illegal alien to perform work
under We public contract for services.
2. Contractor shall not enter into a contract with a subcontraetor that fails to certify W the
contractor that the subcontractor shall not Imowingly employ or contract with en illegal alien to
perform work under the public contract for services.
3. Contractor has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services through
participation in either the E-Verify Program or the Department Program.
4. Contractor sha([ not use either the E-Verify Program or the Deparhnent Program
procedures to undertake praemployment screening of job applicants while the public conhact
for seroices is being performed.
5. Should Contractor obtain actual knowledge that a subcontractor performing work under
the public contract for services knowingly employs or conuacts with an illegai alien, Contractor
_ ` shail be required to:
(a) Notify the subcontractor and the County within ttuee days that
the contractor has actual }a�owledge that the subcontractor is
employing or contracting with an illegal alien;
(b) Terminate the subcontraet with the subcontractor if within
three days of receiving the required notice the subcontractor does
not stop employing or contracting with the iliegal alien; cxcept that
the contractor shall not terminate the contract with the
subcontractor if the subcontractor provides information to establish
that the subcontractor has not lmowingty employed or contractod
with an illegal alien;
6. Contractor shall comply with any reasonable tequest by the departrnent made in the
course of an invesGgarion tttat the department is undertaking pursuant to
C.R.S. 8-17.5-102(5).
IN UVITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONT
By:
TiUe /� Da�
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Con�act#209-2010
Ledger #416.68,92664.86842
8av. 09/15/2010Im
BOARD of COIJNTY COMMISIONERS OF PITKIN COLJNTY, COLORADO:
By: 1 �----� / b' j"�0
Autho ' d Signer Datc
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