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HomeMy WebLinkAboutbocc.con.220.2011 Rev. 08 -30 -11 jls vor COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 220 -2011 ORIGINATING DEPARTMENT: Resource Recovery PROCUREMENT OFFICER: Chris Hoofnagle PHONE #: - 4292882 PROJECT NAME: MRF Retrofit Engineering CONTRACTOR: Glenwood Structural and Civil, Inc. DOLLAR AMOUNT: $39,000.00 LINE ITEM # 416.68.92665.82877 CONTRACT EXECUTION DATE: 12/26/2011 CONTRACT END DATE: 12/31/2012 AUTOMATIC RENEWAL: ❑ YES ® NO TERM: 1 YEAR ❑ BOCC AGENDA ITEM (Grants, IGA) ® 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) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: 3 f 1 ® 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: ✓ .E No Pages Missing ✓® All Other Blanks Filled In ✓ ® If Page Left Intentionally Blank — Note on Page ,7 El All Exhibits Attached ✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable) ✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable ✓ ® All Dates Filled In ✓❑ Warranty (if applicable) ✓ ❑ Special Instructions for Finance Department: ✓ ® Authorized Procurement Officer's Name: Chris Hoofnagle 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. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract #: 220 -2011 Rev. 8.31.11 jaa /js Budget Line Item #: 416.68.92665.82877 IN Coi rr CONTRACT FOR PROVISION OF SERVICES STRUCTURAL ENGINEERING AND CONSTRUCTION SERVICES FOR RETROFIT OF PITKIN COUNTY MATERIALS RECOVERY FACILITY (MRF) THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ( "County ") and Glenwood Structural and Civil, Inc. 812 Pitkin Avenue, Glenwood Springs, CO, 81601 (hereinafter "Contractor "). 1. Term. The term of this contract is from December 26, 2011 to December 31, 2012. At the expiration of the initial term, the contract may be extended for an additional term of one year by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall provide Structural Engineering Services at the direction of the Architect and under the general direction of the Pitkin County Procurement Officer. Engineering Construction Documents including drawings and specifications suitable for distribution to potential bidders for the purposes of providing the County with cost estimated for completing the construction work of retrofitting the MRF structure. Architectural Construction Documents are to include specifications for upgrades to the physical structure of the existing MRF building making it structurally sound as well as an addition to the existing MRF structure, as directed by the Solid Waste Manager and Architect. Contractor will also provide full construction phase services after a construction contractor is selected by the County. These services are to include review of shop drawings, review of work progress, contractor submittals, requests for information, review of test reports, review applications for payments, prepare and review punch -list items, and review close -out documents at end of project. 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and on a Time and Materials Schedule set out in Appendix 1. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $39,000 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. 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 1 Contract #: 220 -2011 Rev. 8.31.11 jaa /js Budget Line Item #: 416.68.92665.82877 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. Chris Hoofnagle, Solid Waste Manager, will manage the project as the County's Representative. In the event that Chris Hoofnagle is not available, Brian Pettet, Public Works Director, 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. 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. 2 Contract #: 220 -2011 Rev. 8.31.11 jaa /js Budget Line Item #: 416.68.92665.82877 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 agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project„ hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. 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. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in 3 Contract #: 220 -2011 Rev. 8.31.11 jaa /js Budget Line Item #: 416.68.92665.82877 connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 1. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2. Commercial General Liability — ISO 1 CG 0001 form or equivalent. (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 • • Products /Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 4 Contract #: 220 -2011 Rev. 8.31.11 jaa/js Budget Line Item #: 416.68.92665.82877 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured — Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured — Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations ". 3. Auto Liability: Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 4. Special Coverages (check as appropriate and insert amount): ❑(1) Performance Bond $ ❑ Labor and Material $ n Payment Bond $ ❑ (2) Professional Errors and Omissions 0(3) Aircraft Liability 1 Owner's Protective 0(5) Builder's Risk 0(6) Boiler and Machinery 0(7) Loss of Use Insurance • 0(8) Pollution Liability 0(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except 5 • Contract #: 220 -2011 Rev. 8.31.11 jaa /js Budget Line Item #: 416.68.92665.82877 after thirty (30) days prior written notice has been given to the County, except when cancellation is for non - payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to (County Representative's Name & Address). If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. 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: a. The contractor's insurance shall be primary and non - contributory with any insurance or self insurance purchased by the County. 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 or self insured retentions m 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 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. 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. 6 Contract #: 220 -2011 Rev. 8.31.11 jaa /js Budget Line Item #: 416.68.92665.82877 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 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 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: Chris Hoofnagle .Pitkin County Attorney's Office 76 Service Center Road 530 E. Main Street, #302 Aspen, Colorado 81611 Aspen, Colorado 81611 (970) 923 -2043 Fax: (970) 920 -5198 B. To Contractor: Glenwood Structural and Civil, Inc. 812 Pitkin Avenue 7 Contract #: 220 -2011 Rev. 8.31.11 jaa/js Budget Line Item #: 416.68.92665.82877 Glenwood Springs, CO, 81601 970 - 928 -0135 21. Illegal Aliens — Public Contracts for Services. In conformance with the provisions of C.R.S. § 8- 17.5 -101 and 102, as amended; A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. 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. C. 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. D. 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. E. 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: 1. 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; 2. 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; F. 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. CONT' • ? ri • : By: i/�i/ J ,4o A9 4 or�Z4 8 Contract #: 220 -2011 Rev. 8.31.11 jaa/js Budget Line Item#: 416.68.92665.82877 Title / / Z/ to PITKIN COUNTY COLORADO: B le j2-" -d !'ocur m fficer Date A ir -.dill .---- 1 6 I7_- S c to on Leader Date • 9 4 7t 6 1 (4 )0 Contract #: 219 -2011; 220 -2011 Rev 8.25.11 jaa Budget Line Item #: 416.68.92665.82877 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: December 30, 2011 FROM: Chris Hoofnagle, Solid Waste Manager Proposed Contractor: Menendez Architects; Glenwood Structural Product/Service: Architectural, Structural Engineering and Construction Management Services Estimate expenditure for the above construction service: $ 48,500; $39,000 The original project goal was design and construction of a new facility to house recycling operations. Yet, the Contractor was used in assisting the master planning amendment process rather than the design elements of the original scope. Likewise, the original budget was used in this capacity. The changes in scope were caused by the County's decision process regarding site selection, master planning, and land use code revisions. Factors such as the economic downturn begun in late 2008, as well as long range facility and land use planning also caused a shift in goal to being one of refurbishing the old MRF facility. During 2011, having completed the Site Selection and Master Plan Amendment, work has progressed on the original scope of work — MRF design. The project is nearing the end of the design stage and is expected to be under construction in the spring of 2012. The new contract is needed because the old one has reached the end of its term. The contractors were selected because of the institutional knowledge they have attained through assisting the County through its Master Planning Process in the Land Use Code. This contract will complete the design/construction management portion of the project for which they were originally chosen to perform. The Contractor shall provide Architectural Construction Documents including drawings and specifications suitable for distribution to potential bidders for the purposes of providing the County with cost estimated for completing the construction work of retrofitting the MRF structure. Architectural Construction Documents are to include specifications for a ventilation system, addition to the structure, and earthwork as directed by the Solid Waste Manager as well as upgrades to the existing MRF building making it structurally sound. Contractor will also provide full construction phase services after a construction contractor is selected by the County. These services are to include review of shop drawings, contractor submittals, requests for information, review of test reports, review applications for payments, prepare and review punch -list items, and review close -out documents at end of project. The project budget was appropriated through the regular budget process and it is on the BOCC approved project list. A formal RFP for landfill engineering services was conducted in 2010. The fee schedule for Glenwood Structural was compared against responses from the engineering RFP in 2010. Pricing for Glenwood Structural was the same as the top three firms from that process for similar staff. Other firms included Weaver Boos Consultants in Lakewood, Colorado, Doty and Associates of Golden, and AquaTerra, of Denver. The engineering proposals are on file in the Solid Waste Manager's office. A formal RFP was conducted originally to select the Contractor. The Contractor is being selected again because of a combination of three factors: the institutional knowledge, expiration of the original contract and the need to complete the work. 1 Contract #: 219 -2011; 220 -2011 Rev 8.25.11 jaa Budget Line Item #: 416.68.92665.82877 The undersigned requests that Pitkin County waive other procurement r- irements and recognize this transaction as a sole source exception to the Pitkin County Procurem - ode. Depart t Head Date Section Head Date Approved ✓ Denied Reason for Denial: . Jon Pea oe, County Manager Date Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. • 2