HomeMy WebLinkAboutbocc.con.094.2011 Rev. 08 -29 -11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 094 -2011
ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Francey Jesson PHONE #: - 4291870
PROJECT NAME: Environmental Services & Consulting Aspen /Pitkin County Airport
CONTRACTOR: Tetra Tech, Inc.
DOLLAR AMOUNT: see contract LINE ITEM # 404.25.00000.82085
CONTRACT EXECUTION DATE: 9/27/2011 CONTRACT END DATE: 9/30/2016
AUTOMATIC RENEWAL: ® YES ❑ NO TERM: 5 years
❑ BOCC AGENDA ITEM (Grants, 1GA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal ® Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency /State Bid
❑ Compliance with C.R.S. 8 -17 -5 -101, 102 as amended (Immigration Form) ❑ Letter of Engagement
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
® Services/Maintenance ❑ Employment
❑ License /Use ❑ Intergovernmental Agreement (Resolution Required)
❑ Lease ❑ Non - Profit
❑ Construction ❑ Quasi - Public (e.g. -AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other (e.g. revenue) ❑ Change Order /Contract Amendment
(C /O: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing ✓ ® All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank — Note on Page ✓ ❑ All Exhibits Attached
✓ ® Page numbered consecutively ✓ ❑ All Legal Descriptions attached (f applicable)
✓ ® All Original Signatures Affixed ✓ ® Notice of Award/Notice to Proceed Attached (f applicabh
✓ ® All Dates Filled In ✓ ❑ Warranty (if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Francey Jesson
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT IIAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Contract #094-2011 Rev 12&27Y10 jis
Ledger #404.25,00000 82085
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NOTICE OF AWARD
August 25, 2011
George Cudd Vice President
Tetra Tech Uicorporated
7222 Commerce Center Drive, Suite 260
Colorado Springs, CO8U919
The Owner, having duly considered the Proposal submitted on August 23, 2011. for the work
covered by the Contract Document titled Environmental Services & Consulting /n Support of the
Stormwater Management Plan of the Aspen/Pitkin County Airport in the amounts as shown below
Price
Year1 Year Year Year4 Year
Task Order #1 51.459 %o.UU $0,00 $0.00 $0 00
Task Order #2 511.409 511.850 512.180 512,588 512.858
TaskOrder#3 $1 $1.880 $1,945 52 $2.084
Task Order w4 $1 .337 %1.384 $1.432 $1.483
Othr Task Orders As negotiated between Contractor and Coudy based on Con proposed
nnur/yoateo.
it appearing that the Price and other information in your Proposal Form is fair, equitable and to
the best interest af the Owner, the offer n your Proposal Form s hereby accepted
In accordance with the terms of the Contract Documents. you are required to execute the
Agreement in one original of contract within ten (10) consecutive days from and including the date
of this Notice ofAward,
In addition you are required to furnish in the said time Certificates of insurance evidencing
compliance with the requirement for insurance as stated in the Contract Documents to Framoey
Jesson, C.M., Assistant Aviation Oireokor, Aopen/Pitkin County Airpor, Aspen, CO 81611,
kmooey.jesmnn@copi1Km co us
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Contract #094 -2011
Ledger #404.25.00000.82085
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CONTRACT FOR PROVISION OF SERVICES
Environmental Services & Consulting in Support of the Stormwater Management Plan of the
Aspen /Pitkin County Airport
Project/Purchase Contract #094 -2011
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ( "County") and Tetra Tech Incorporated (hereinafter "Contractor ").
1. Term. The term of this contract is from September 16, 2011 to September 30, 2016.
2. Contractor's Obligations. Contractor shall provide:
• Task Order #1
o Expert assistance in the preparation and reapplication of the Airport's CDPS General
Permit not later than the filing date of September 30, 2011.
• Task Order #2
o Annual stormwater sampling, bi- annual site inspections, and annual report
generation, as per the Airport's SWMP and General Permit.
• Task Order #3
o Annual review and update as necessary to the Airport's Storm Water Management
Plan (SWMP).
• Task Order #4
o Annual review and update as necessary by a qualified engineer to the Airport's Spill
Control and Countermeasures Plan (SPCC).
• Other Task Orders as may be necessary
o Expert consultation and recommendation on existing conditions, and new and
changing environmental regulations, as may be enacted from time to time, which
require compliance action by the Airport.
o Training or development of training materials, as may be necessary, for Airport staff
and tenant staff.
Work will be authorized through Task Orders between Contractor and County.
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
Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sums as depicted below for all services rendered under
Task Orders 1 through 4.
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Contract #094 -2011
Ledger #404.25.00000.82085
Price
Year 1 Year 2 Year 3 Year 4 Year 5
Task Order #1 $1,459 $0.00 $0.00 $0.00 $0.00
Task Order #2 $11,489 $11,850 $12,196 $12,588 $12,958
Task Order #3 $1,816 $1,880 $1,945 $2,013 $2,084
Task Order #4 $1,292 $1,337 $1,384 $1,432 $1,483
Other Task As negotiated between Contractor and County based on
Orders Contractor's proposed hourly rates.
By contract or amendment, the County and Contractor may reallocate the budget among project
tasks if the total budget amount remains unchanged. Contractor 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 may be offset by any amount the Contractor owes the County for any reason.
4. County'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) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and
5) to display the work publicly. Contractor shall have 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. Francey Jesson, Assistant Aviation Director /Operations, will manage the project
as the County's Representative. In the event that Ms. Jesson is not available, Fil Meraz, Airport
Operations Coordinator, 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 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 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. 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 the Contractor.
7. 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 his 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.
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Contract #094 -2011
Ledger #404.25.00000.82085
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 Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8. Assignability. 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. Binding 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. Severability. 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 entire and integrated contract between the County
and the Contractor and supersedes all prior negotiations, representations, or contract, either written or
oral. This contract may be amended only by written 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 between the County and the
Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
A. The 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 of Pitkin and its officials, employees, agents and representatives
from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (in-
cluding 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 the 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 be construed as an indemnity for bodily injury
or property damage arising from the sole negligence of the County or its employees.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. Insurance.
A. In whole or in part, the Contractor 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 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 following
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insurance coverage, at or above the limits indicated and including such endorsements as are indicated by
an "X ", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability — ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products /Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include (place X by applicable provisions):
X Premises /Operations
Underground, Explosion & Collapse Hazard
X Products /Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000,000.00
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 Employee Dishonesty Coverage, or Fidelity 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 commencement of
operations affecting the County. Failure to file 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. (For 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 - current policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with
the Procurement Officer 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. In addition, these Certificates of Insurance shall contain the following
clauses:
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Ledger #404.25.00000.82085
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 no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
c. Any and all deductibles in the above - described insurance policies shall be
assumed by and be for the amount of, 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 any time during the term of this contract.
14. Exemptions. 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 -5K.
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 determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
16. 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.
17. 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.
18. 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 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 County or its agent or employees.
19. 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 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 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 moneys, nor shall any provision of this
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contract restrict the future issuance of Pitkin County's bonds or 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 delivered 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 with copies to:
Francey Jesson, C.M. Pitkin County Attorney's Office
Assistant Aviation Director 530 E. Main Street, #302
Aspen /Pitkin County Airport Aspen, Colorado 81611
0233 E. Airport Rd., Ste, A Fax: (970) 920 -5198
Aspen, CO 81611
Fax: (970) 920 -5378
B. To Contractor:
George Cudd, Vice President
Tetra Tec, Incorporated
7222 Commerce Center Drive
Suite 260
Colorado Springs, CO 80919
21. Illegal Aliens — Public Contracts for Services
In conformance with the provisions of C.R.S. § 8- 17.5 -101 and 102, as amended;
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the
public contract for services.
2. Contractor shall not 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
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 shall use either the E- Verify Program or the Department Program procedures to
undertake pre - employment screening of job applicants while the public contract for services is being
performed.
5. Should Contractor obtain actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, 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;
(b) Terminate the subcontract with the subcontractor if within three days
of receiving the required notice the subcontractor does not stop
employing or contracting with the illegal alien; except that the contractor
shall not terminate the contract with the subcontractor if the
subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an illegal alien;
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6. Contractor shall comply with any reasonable request by the department made in the course of an
investigation that the department is undertaking pursuant to
C.R.S. 8 -17.5- 102(5).
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above.
CONTRACTOR:
By: I . .
Title 7ir.e, •mil • ( �f / ' it t
Date
PITKI OUNTY:
/11
Francey Jesson� 'f _ Rate
Assistant Aviatio R irector
Page7of7 CdJ