HomeMy WebLinkAboutbocc.con.116.2012. w..
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COUNTY CLERK'S
CONTRACT C4VERSHEET
CONTRACT #: 116-2012
ORIGINATING DEPARTMENT: Public Works/Road & Bridge
PROCUREMENT OFFICER: Mike McAndrews PHONE #: -9705046
Rev. 08-30-11 jls
PROJECT NAME: 2012 Magnesium Chloride Program CONTRACTOR: Envirotech
DOLLAR AMOUNT: $35,0OO.OQ LINE ITEM # 111.53.00143.83570
CONTRACT EXECUTION DATE: 5/4/2012
AUTOMATIC RENEWAL: ❑ YES � NO
CONTRACT END DATE: 9/28/2012
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❑ 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
n Contract Renewal
�' CHECK CONTRACT TYPE:
� Services/Maintenance
❑ License/Use
❑ Lease
❑ Construction
❑ Goods, Equipment, Supplies
❑ Other (e.g. revenue)
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� 0
❑ Employment
❑ Intergovernmental Agreement (Resolution Required)
❑ Non-Proiit
❑ Quasi-Public (e.g.-AVH}
❑ Grant Agreements (Notify Finance & Resolution Required)
❑ 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 EZChibits Attached
✓� Page numbered consecutively ✓� All Legal Descriptions attached ('cfapplicable)
✓� All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached (if applicable;
✓� All Dates Filled In y'0 Warranty (if applicable)
✓❑ Special Instructions for Finance Department:
✓❑ Authorized Procurement Officer's Name: Mike McAndrews
I3Y CHECK.ING ABt?��"E AND FNTER.ING N�ltiE, TH.F AUfiHORi7.Ei3 STAFF i'ER4t)N IN.DIC,ATES TH �T
TIIF AT�'AC�IFD DOCUl4�iFN1' �IAS ]�EFN I'R�OF�D A.ND RFA.DY �'OR SC:�:�iNING.
NOTE: CLERK'S OFFICE WII.L KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Contract #116-2012 Magnesium Chloride
Budget Line Item#111.53.00143.83570
Rev. 8.31.11 jaa/js
2/6/20121m
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CONTRACT FOR PROVISION OF SERVICES
2012 Magnesium Chloride Program
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Envirotech Services, 910 54th Ave. Suite 230 Greeley, CO. 80634
(hereinafter "Contractor").
1. Term. The term of this contract is from Mav 16, 2012 to September 28,2012.
2. Contractor's Obli atg ions. Contractor shall
• Respond in a timely manner once notified, within 3 working day.
• Provide material with 30% magnesium chloride.
• The application rate will be at the quoted price of $.585 Cents/gallon.
Contractor shall applv the magnesium chloride to the following roads in Pitkin Countv:
• Watson Divide, total of three application rates, (1 at .SOgals/sy and 2 at .2Sgals/sy), not to
exceed 16,092 gallons.
• East Sopris Creek Road, total of two applications, (1 at .SOgals/sy and lat .25gals/sy), not to
exceed 30,225 gallons.
• Snowmass Creek Road, total of two applications, (1 at .SOgals/sy and 1 at .25gals/sy), not to
exceed 12,859 gallons.
3. • Compensation and Expenses, Invoicing, Payrnent 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 cvmpensation and reimbursement
to be paaid hereunder exceed the sum of $35,000.00 for all services rendered. By contract or
amendment, the County and Contractor may reallocate the budget among project tasks if the total
budget amount remains unchanged. 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 con�ract 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
Contract #116-2012 Magnesium Chloride
Budget Line Item#11 I.53.00143.83570
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materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. Pitkin Coun 's Obli ations. Pitkin County shall administer this contract through a County
Representative. Mike McAndrews will manage the project as the County's Representative. In the
event that Mike McAndrews is not available, Bert Pearce sha11 assume the Counry 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 sha11 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 compensarion in accordance with the contract for any
satisfactory work completed pursuant to the tezms of this contract prior to the date of termination.
Notwithstanding the above, Contractor shall not be relieved of liabiliry 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 nat 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 thzs contract.
C. Contractor warrants that all work produced wi11 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 Assignabilitv. This contract is not assignable by either pa.rty. 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
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Contract #116-2012 Magnesium Chloride
Budget Line Item#111.53.00143.83570
Rev, 8.31.11 jaa/js
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shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the
rules of the Arnerican Arbitration Association and shall be presided over by the Pitkin County
Hearing Officer appainted to arbitrate Pitkin County contract disputes. Costs of the arbitration shall
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 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, representa.tions, 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. Ind�ri.
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 ai�'xliated 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 fi�rther shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle a11 claims, demands, or lawsuits related hereto at its sole expense and shall
beaz 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
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' i 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
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
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Contract #116-2012 Magnesium Chloride Rev. 8.31.11 jaa/js
Budget Line Item#11 I.53.00143.83570
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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 andlor prudent, maintain higher limits and/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pwsuant 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 Iiability requirements provided that the coverage is written on a"following form"
basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a.
b.
Policy shall contain a waiver of subrogation against the County.
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,(?00
Products/Completed Operations Aggregate
Each Occurrence Limit
PersonaUAdvertising Injury
Fire Damage (Any One Fire)
Medical Payments (Any One Person)
n
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$ 2,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
$ 5,000
Contract #116-2012 Magnesium Chloride
Budget Line Item#111.53.00143.83570
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Coverage to include:
• Premises and Operations
• Exploszons, 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 $
❑ Payment Bond $
❑ (2) Professional Errors and Omissions
[](3) Aircraft Liability
Q(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. 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
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Contract #116-2012 Magnesium Chloride
Budget Line Item#111.53.00143.83570
Rev. 8.31.11 jaa/js
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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 sha11 file with the
Procurement Officer a certified statement as to claims pending against the required coverages,
reserves esta.blished 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 sha11
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 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: "a11 operations and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies sha11 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. T'he 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 t�es under registration numbers 98-02624 and 84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,
and documents concerning its performance relating to this contract for a period of three (3) years after
final payment under the contract and the County shall have the right within the three (3) year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law. ,
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Contract #116-2012 Magnesium Chloride Rev. 8.31.11 jaa/js
Budget Line Item#111.53.00143.83570
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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. Attorne '�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 sha11 be
entitled to its costs and 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 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 conshued or interpreted to require or provide for
indemnification of the Contractor by the Counry for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the Counry or its agent or
employees.
19. Current Year Obli ations. 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 facsirnile 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
Mike McAndrews
76 Service Center Rd
Aspen, Colorado 81611
Fax: (970) 920-5374
7
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 92Q-5198
Contract #116-2012 Magnesium Chloride
Budget Line Item#111.53.00143.83570
B. To Contractor:
Pat Henricksen
910 54th ave. Suite 230
Greeley, CO. 80634
970-346-3900
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21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [NotApplicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of a11 employees who are newly hired for employment in
the United States to perform work under this contract, through participation in the E-Verify Program
or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor sha11 not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice, and (d) sha11 comply with reasonable requests made in
the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS CRS &24-76 5-101 Contractor, if a natural
person eighteen (18) years of age or older, hereby sweazs and affirms under penalty of perjury that he
or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
:
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MAY/01/2012/TUE 01;51 PN� Pit[cin Public �or[cs
Contract #116-Z012 Magnesium Chloride
Budget iine ICem#111.53.�0143.83570
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FAX No, 970 920 5374 P, 002
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TN WTT'NESS WHEI�O�, the parties have executed this contract as of klie date first set out herein
above.
CONTZt.AC R:
gy � .�—'�
Title �' _ � _.. � :
Date
p7TKIN COUN'�Y, COLORA�7�:
Sy: �� �
rocurement Officer Date
By � - � % %.
Sec ion Lead Date
TF A N'Ol�- STA�ARD/A�17ITIONAT., T.AN'GC7ACrE ADDEb:
Jahn Ely, Caunty Attorney Date Kris Je�a►kes, Risk Management Date
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Contract #116-2012 Magnesium Chloride
Budget Line Item#111.53.00143.83570
Rev. 8.31.11 jaa/js
2/6/20121m
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR:
c
Title
Date
PITKIN COLTNTY, COLORADO:
By. - � - Z
Procurement Officer Date
B C � � lZ
Y
Sec ion Lead Date
IF A NON- STANDARD/ADDITIONAL LANGUAGE ADDED:
John Ely, County Attorney Date Kris Jewkes, Risk Management Date
E
�i�� ENVISER-01 AMCIiANNA
'`�� °RO� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
51212012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CER7IFICATE OF INSURANCE DOES NOT COMSTlTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A sta�ment on this certificate does not confer rfghts to the
ce�cate holder in Ileu of such endorsementls).
PRODUCER
Wiliis of Wyoming, Inc.
c/o 26 Century Bivd.
P.O. Box 305191
Nashvflle, TN 37230-5191
INSURED
EnviroTech Services, Inc.
910 54th Avenue, Suite #230
Greeley, CO 80634
''M°"t g77 945-7378
WC No Exj �
e-Ma��
ADDRESS:
INSURER(S) AFFORDING COVERAGE
�NSUReRa: Navigators Specialty Insurance
�NSUReR e: Navigators Insurance Company
INSURER C :
INSURER D :
INSURER E :
467-23T8
NAIC
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUfREMENT, TERM OR CONDiTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS.
INSR 7ypE OF INSURANCE POIICY EFF POLICY EXP
LiR 1 R D POLICY NUMBER MMIDDMlYY MM@D/YYYY LIMITS
GENERAI LIABILITY EACH OCCURRENCE $ 'I,OOO,OOO
IQ X COMMERGAL GENERAL LIABILITY X CH12NP3709281 NC 4/15/2012 M15/2013 pREMISES Ea occurrence $ 500,00�
cwMS-�,woe ❑X occuR MED EXP (My one person) $ 25,00
X GenAggapplies �RSOru�aaoviwuRV $ 1,000,000
X P@� PfOJ./P6� LOC. GENERALAGGREGATE s 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COAAP/OP AGG $ 2�000,000
POLICY X E � LOC $
AUTOMOBIIE LIABILITY � a&NdE�DtSINGLE LIMIT $ 'I,OOO,OOO
B X nrrvnuro CE71BAP01735601 4115/2072 4/15/2013 BODILYINJURY(Perperson) $
ALLOWNED SCHEDULED BODILYINJURY(Poraccident) $
HIR OSAUTOS ���ED PROPERTY DAMAGE $
AUTOS Per accident
$
UMBRELLA LIAB �C� EACH OCCURRENCE $
EXCESSLIAB � CWMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y I N T RY LIMITS ER
ANYPROPRIETOWPARTNER/EXECUTIVE E.L.EACHACCIDENT $
OFFICERIMEMBER EXCI.UDED? � N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY UMIT $
A Stop Gap CH12NP3709281NC M1512012 411512013 Monopolistic States 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICIES (Attach ACORD 101, Additlonal Remmks Schadule, If more apace is requlred)
Re: All operations a�d locadons at which work for the referenced Project is being done.
Pftkin County, its subsidiary, part, associated andlor affiliated entiti�, successors, or assigns, elected o�cials, trustees, employees, agents and volunteers
are i�cluded as additional insureds with the respect to General Liability.
General Liability policy shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Pitkin County its
subsidiary, part, assocfated and/or affiliated entltles, successors, or assigns, elected officials, trustees, employees, agents and volunteers.
CERTIFICATE
Pitkin County
76 Service Center Rosd
�, ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
OO 1988-2010 ACORD CORPORATION, All rights reserved.
The ACORD name and logo ar� registered marks of ACORD
This page has been left blank intentionally.
1�
Client#: 40375 ENVSE
ACORDTM CERTIFICATE OF LIABILITY INSURANCE °�oy �2"Y"'
TFIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORIYIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL,DER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUtNG INSURER(S), AUTHQRI2ED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiflcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain poUcies may require an endorsement. A statement on this cerNficate does not confer rights to the
certificate holder in lieu of such endorsementls).
PRODUCER
Flood 8 Peterson Ins., Inc.
P. O. Box 578
Gree(ey, CO 80632
970 356-0123
INSURED
EnviroTech Services, Inc.
910 54th Avenue, Suite 230
Greeley, CO 80634
��, 970 266-7127 � �ac, N,�: 970 506-6846
Jennifer.W inter@floodandpeterson.com
INSURER A ;
INSURER B :
INSURER C ;
INSURER D :
INSURER E ;
Assurance
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOIWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF POUCY EXP
TYPE OF INSURANCE PpLICY NUMBER MMIDD MIYUD LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILtTY MA E�a RE ED
PREMISES Ea occurrence $
CLAIMS-MADE � OCCUR MED EXP (My one person) $
PERSONAL & ADV INJURY $
GENERALAGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
POLICY PRa LOC $
AU7pM06lLE LUIBILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per persort) $
ALL OWNED AUTOS
BODILY INJURY (Per aceident) $
SCHEDULED AUTOS
PROPERTY DAMAGE $
HIRED AUTOS (Per accident}
NON-0WNED AUTOS $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CIAIMS-MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $
q wortKesscoMr�sanoro► 2108372 2/01/2012 02/01/201 X WCSTATU- OTH-
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNEWEXECUTIYEY�N E.L.EACHACCIDENT $'I�OOO�OOO
OFFICER/MEMBER EXCLUDED? � N�A
B (Mandatory in NH) WC546705307 2/01/2012 02/01/201 E.L. DISEASE - FA EMPLOYEE $�,0�0���0
If yes, describe under �
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $� OOO OOO
DESCRIPTION OF OPERATfON3 / LOCATION31 VENICLES (Attach ACORD 101, Addltional Remarka Schedule, if more space is required)
Contract #116-2012 Magnesium Chloride
A Waiver of Subrogation applies as respects Workers' Compensation. A 30-day written notice of cancellation
applies.
Pitkin County
7S Service Center Road
Aspen, CO 81611
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILI BE DELNERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHOR¢ED REPRESENTATIVE
���
01988 2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) 7 of 1 The ACORD name and logo are registered marks of ACORD
�� #S693542/M672191 JZS
ENDORSEMENT NO. 000
Effective 12:01 AM Std Time: Issued to:
Policy Number: Company: Navigators Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — YOUR WORK FOR OWNERS. LESSEES OR CONTRACTORS
(ONGOING AND COMPLETED OPERATIONS• PRIMARY AND NON-CONTRIBUTORY)
It is hereby agreed as follows:
A. SECTION II. WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) listed in the Schedule below at the end of this endorsement (hereafter the "Additional Insured"),
but only with respect to liability for bodily injury, property damage, personal and advertising injury, or
environmental damage, caused, in whole or in part, by:
1. With respect to Coverage 1. General Liability:
a. your acts or omissions, or the acts or omissions of those acting on your behalf, performed for the
Additional Insured at the location(s) designated below that are ongoing; or
b. your acts o� omissions, or the acts or omissions of those acting on your behalf, performed for the
Additional Insured at the location(s) designated below that are included in the products-completed
operations hazard.
2. With respect to Coverage 2. Pollution Liability, your work performed for the Additional Insured at the
location(s) designed below.
B. It is hereby agreed the following is added to SECTION IV. CONDITIONS OF INSURANCE, part 15. Other
Insurance, paragraph c. Method of Sharing:
Notwithstanding the foregoing, with respect to damages, loss, or excess loss caused by your work performed
for the Additional Insured, the coverage provided for any Additional Insured hereunder shall be primary, and we
will not seek contribution from other insurance available to the Additional Insured.
SCHEDULE
Name of Person or Organization:
Any person or organization, but only if:
1. you are required by written contract to include such entities as an additional
insured on this policy; and
2. such contract or agreement is executed and effective prior to any injury or damage
to which this policy applies.
Location(s) of Operations:
location or iobsite where your work is performed for a third
Nothing in this endorsement shall serve, or be construed, to increase any of our limits of liability under this
policy. The limits afforded an Additional Insured are the lesser of the amount you are required to provide in any
contract or agreement, if any such limitation exists, or the applicable limits of liability of this Policy. No
coverage is afforded under this policy for any injury, damage or other loss arising out of a scheduled additional
insured's own liability, sole negligence, or willful or deliberate misconduct.
All other terms, conditions, and exclusions shall remain the same.
Form No: NENV 4014 (02/12)
!�
Page 1 of 1
_
�' --__
/ ,
—
SEA�/CES, /NC,
Office: 970-243-2697
Cell: 970-260-7420
phenricksen@envirotechservices. com
www. envirotechservices. com
April 17, 2012
Mike McAndrews
Road & Bridge Superintendent
Pitkin County Public Works
76 Service Center Road
Aspen, CO. 81611
Sales Quote for 30% Magnesium Chloride- RoadSaver
250,000 Gallons delivered and applied to roads in Pitkin County $.585 Cents/gallon
Alternative bids:
Durablend is 30% MgC12 with organic polymer added
Lesser application rates approx. same cost per mile as RoadSaver $.95 Cents/gallon
X-hesion Pro is a low-chloride
Organic polymer/agricultural humectant dust control product
For environmentally sensitive areas/lesser application rates than MgC12 $ 2.01 gallon
Best regards,
Pat Henricksen
EnviroTech Services, Inc.
Western Colorado Sales
��