HomeMy WebLinkAboutbocc.con.079.2013 Rev. 08-30-/l j[s
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 79.2013
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Jodi Smith PHONE #: -9205396
PROJECT NAME: Sunlight Translator Site Tree Removal CONTRACTOR: Aspen Tree Service,
Inc.
DOLLAR AMOUNT: $1,250.00 LINE ITEM # 003.77.00752.82000
CONTRACT EXECUTION DATE: 9/I 1/2013 CONTRACT EIVD DATE: 10/11/2013
AUTOMATIC RENEWAL: ❑ YES � NO TERM: One month
❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHOR[ZED 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 �,—q�
✓ CHECK CONTRACT TYPE: � � U , v ' ' , G
� 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 e�ibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled In
✓ � [f Page Left [ntentionally Blank—Note on Page ✓❑ All Eshibits Attached
✓ � Page numbered consecutively ✓❑ All Legal Descriptions attached ('fapplrcable)
✓ � All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached ('rfupplicable)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ ❑ 5pecial Instructions for Finance Department:
✓ ❑ Authorized Procurement O(ficer's Name: Jodi Smith
RY CHECKING ABOVE ANll ENTERING NAMF„ THE AUTHORIZCll STAFF PERSON INUICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFEll AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE W ITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MiJST BE WITH THIS CHECKLIST!
�9.
Contract#19�.2013
Budget Line ItemN 003.77.00752.82000
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FACIUTIES MANAGEMENT .
CONTRACT FOR PROV(SION OF SERV[CES
Sunlight Translator Site Tree Removal
THIS CONTRACT is madc and entered by and bchveen the Pitkin Counry Board of County
Commissioners ("County") and Aspcn 'I'me Scrvice Inc. i 1 1 1 Village Road, Carbondale, CO 81623
(970) 963-3070(hercinaller"Contractor").
I. 'Cerm. 'I�he term of this contract is t�om September I5, 2013 —October 1 l, 2013.
2. Contracror's Oblications. Contractor shall provide services to remove one (I) Spruce
Remove to low swmp on Sunlight Mountain Taking Care not to damage tower or guy wires.
Including drivc timc up thc forest servicc road to job sitc.
3. Compensation and Expenses, [nvoicine, Pavment and OfiseL 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 agrced that in no event will the total compensation and reimbursement
to be paid hereunder exceed the sum of S1.250.00 includina$225 hr. for travel time, for all services
rendered. By contract or antendment, the County and Contractor may reallocate the budget arnong
project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project
monthly based on hours worked, with payment expected within thir[y (30) days ofinvoicc, but any
payment by the County may be offset by any amount the Contractor owes the County for any reason.
4. Counh•'s Exclusive O�vnershin of Work ProducL Drawings, specifications, guidelines and
othcr documents prcpared by Contracror in connection with this contract shall be thc property of the
County. Flowcver, Convactor shall have the right to utilize such documents in the course oF its
marketing, professional presenta[ions, and for other business purposes. Con[[actor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, includi�g the
right to: 1) reproduce the «rork; 2) pmparc derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display thc work publidy. Contractor shall have right to use
materials produced in thc course of this contract for markcting purposes and professional
presentations, articics, speeches and othcr business purposcs.
5. Pitkin Countv's Obliaations. Pitkin Counry shall administer this contract through a County
Representative. Jodi Smith, County Facilities Manager will manage the project as the County's
Representative. The services provided and producu delivemd by the Contractor under this contract
I
Pitkin County I�acilities Management,q85 Rio Grande Ylacc,Unit ioi,Aspen,CO 8�6�i
970-920-5396,9yo-qzo-5285�ax or email:jodis n co.pitkin.co.us
ContraM H146.2013 ,.
Budget Line Item#003.77.00752.82000
will be subject to ceview by the County's Representatives, or a designee, for compliance with
Contractor's obligations prior to final payment
6. • Terminarion Prior to Expiration of Contract Term. The County has the right to tecminate
this conhact, 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 (]0)days before the
effective date of such termina6on. In such event all finished or unfinished documents, data, studies
and repo�ts prepared by the Contractor pursuant to this contract shall become the Counry's property.
Contractor shall be entitled to receive compensation in accordance with the contract for any
satisfactory work compleled pursuant to the terms of this contract prior to the date of ternunation.
Notwithstanding the above, Contractor shall not be relieved of liability to the Counry for damages
sustained by the Counry by vutue of any breach of the contract by the Contractor.
7. Independent Conhactor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Cont'ractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee,agent,or servant of Piticin Cotmty.
B. Cont�actor 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 dus
contract, provided that the basic services and deliverable producis required under this contract are ,
submitted in the manner and on the schedule defined under this contract.
C. Contractor waaants that all work produced will confonn to all applicable industry
standard of care, skill and diligence in the performance of Cont�acWr's obGgations under this_
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitldn
Counry employee,servant or agent in the course of completing work under this contract.
E. Contractor is not entided to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal,state,FICA and other income taxes.
8 AssignabiliN. Ttris contract is not assi�able by either party. Any use of subconhsctors by
the Contractor for performance of this conhact must be accepted in writing by the County.
9. Bindine Arbitrarion. Any disputes arising out of this contract shall be subject to binding
arbitradon. The parties agree that any disputes concemin� the terms and conditions of this contract
shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the
niles of the American Arbittarion Association and shall be presided over by the Piticin County
Hearing Officer appointed to azbitrate Piticin County contract disputes. Costs of the arbitration shall
be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any pmvision of this contract shell be held to be invalid or
unenfomxable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration aod Modification.
2
Pitldn County Faclities Management,48g Rio Grande Place,Unit ioi,Aapen,CO 8i6ii
97o-9zo-5396�97o-9zo-5285 Fax or email:jodis@co.pitldn.co.us
ContractN1462013
Budgei Line Item#003.77.00752.82000
A. This contract represents the entire and integrated contract between the County end 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 Counry 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 Conhactor's compensation, which are mutually agreed upon between the County and
the Contractor,shall be in writing and upon execution shall become part of tlus contract.
12. Indemnitv.
A. The Conhactor egrees w indemnify,hold harmless and,not excluding the Counry's right
to participate,defend the County, its subsidiary,parent,associated and/or a�liated entities,successois,
or assigns, its elected officials, nvstees, employees, agents, volunteers, and any jwisdiction or agency
issuing permits for any work included in the project„ hereinafter referned to as indemnitee, from all
suits and claims, including attorney's fees and cost of lidgation, actions, loss,damage,expense,cost or
claims of any character or any nature arising out of the work done in fiilfillment of the terms of tlus
Contract or on account of any act, claim or.amount arising or recovered under workers' compensation
Iaw or arising out of the failure of the Contractor to conform to any statutes,ordinances,regulation, law
or court deccee. It is agreed that the Contractor will be responsible for primary loss investigation,
defense and judgment costs whene this conhact of indemnity applies. in coasideration of the awerd of
this conuact,the Conuactor agrees to waive all rights of subrogation against the County its svbsidiary,
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 Conhactor for the
County.
B. The Contractor fiuther shall investigate,process,respond to, adjust,provide defense for
and defend, pay or settle all claims, demands, or lawsuiu 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 fiaudulent
13. Insurance. Contractor and subcontractocs shall procure and maintain until all of their
obligations have been discharged,including any warranty periods under this Conhact are satisfied,
insurance against claims for injury to persons or damage to properiy wlrich may arise from or in
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 Conhact.
The County in no way wartants that the minimum limits contained herein are sut�cient to protect the
Contractor from liabilities that might arise out of the perfoimance of the work under this Contract by
the Conhactor, its agents,representatives,employees,or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or pcudent, maintain higher limiu and/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant w
the Contract by ieason of its failure to obtain or maintain insurance in sufficient amounts,duration,
or.types.
3
Pitldn County Fac�7itiea Management,q85 Rio Grande Placc,Unit ioi,Aspen,CO Si6ii
97o-92o-�96,97o-92a5285 Fax or email:jodis@co.pitldn.co.us
ContractR146.2013
Budget Line ItemN 003.77.00752.82000
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.
l. Statutory Workecs'Compensadon: Coloiado statutory minimums
a Policy shall contain a weiver 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 fortn.
Minimum Limits:
Covenge A(Workers' Compensation) Statutory
Coverage B(Employe�s Liability) $ 500,000
$ 500,000
$ 500,000
2. Commencial General Liability—ISO 1 CG 0001 fortn or equivalent.
(Wrth County named additional rnsured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Asgregate $ 2,000,000
Each Occunence Limit $ 1,000,000
PersonaVAdvertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments(Any One Person) $ 5,000
Coverage to include:
. Premises and Operations
• Explosions,Collapse and Undergound Ha7srds
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insumd 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 Endo�sement,ISO Form 2010
(2004 Edition or equivalent)
4
Piddn County Faa7ities MauagemenG 4851tio Grande Place,Unit�oi,Aspen,CO Si6ii
970-920-5346.97o-92o-g28g Fax or emai7:jodisQu co.pitltin.co.us
Contrect t1146.2013
Budget Line ltem#003.77.00752.82000
• Additional Insu�ed�wners,L.essees or Contractors Endorsement, ISO CG 2037
(2004 Edirion or equivalent)
• The policy shall be endorsed to include We following additioml insured language on
ihe Additional Insured Endocsements speciSed above: "County, its subsidiary,parent,
associated and/or affiliated entities,successois,or assigns, its elected officials,
trustees,employees,agents,and volunteecs named as an additional insured with
respect to liability and defense of suits arising out of the activities perfoimed by,or on
behalf of the Contractor,including completed operations".
3. Auto Liabiliry: Bodily injury aad property damage for sny owned,hired,and
non-owned vehicles used in the performance of tivs Contract
Minimum Limits:
Bodily Injury/Properry Damage(Each Accident) $ 1,000,000
4. Special Coverages(check as appropriate and insert amount):
�(1)PerformanceBond - $
❑ Labor and Material $
❑ Payment Bond $
❑(2)Professional Eirors and Omissions
" ❑(3)AiroreR Liability
Q(4)Owner's Protective
❑(5)Builder's Risk
0c6)Boiler ar►d Machinery
❑('n Loss of Use Insucance.
Q(8)Pollution Liability
�(9)Crime,including Employee Dishonesty Coverage,or Fidelity Hond
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
after thirty(30)days prior written nodce has been given to the County,except when
cancellaGon is for non-payment of premium,then ten(10)days prior notice may be given.
Such notice shell be sent direcdy to(County Representative's Name&Address). If the
insurance carrier will not provide the required notice,the ConsultandContractor end or its
. inswance broker shall aotify the County of any cancellation,or reducdon in coverage or
limits of any insurance within seven(7)days of receipt of insureis' notification to that effect.
Simultaneously with the CertiScates of Insuisnce, the Contractor shall file with the
Procurement Oflicer a ceRified statement as to claims pending.against the required wverages,
reserves established on accowt 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 ins�rance shell be primary and non-contributory with
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Pitldn County Fac�7ides Management,q85 Rio Grende Place,Unit ioi,Aspen,CO Si6ii
97o-9zo-5396.97agzo-528g Fax or ema�7:jodis@co.pitldn.co.us
ConhaM#1462013
Budget Line ItemN 003.77.00752.82000
any insurance or self insnraztce purchased by the County.
b. The ;���*Ance companies issuing ihe policy or policies hereunder sha11
heve 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 inswed retentions in the above-described
�n����ce policies shall be assumed by and be for the amount of,and at tl�e sole expense
of the Conhactor.
d. L,ocation of operations shall be:"ell operadons and locadons 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 expi:ation date except for
any policy expiring on the expuation 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 tem�of this conuact
14. Exemptions and Preferences. All purchases of conshuction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
PiUtin 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 conceming its performance relating to this contract for a period of Uuee (3)years after
6na1 payment under the contcact 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
reasoneble times, for the pwpose of detersnining, by accepted accounting and suditing standards,
compliance with all provisions of the contract and applicable law.
16. Contcact 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
caurts of Pitkin County,Colorado.
17. Attomev's Fees. In the event d�at legal action is necessary to enforce any of the provisions of
this contract beyond the arbitration described in Peregaph 9,the substandally prevailing parry shall be
entiUed to its costs and reasonable attomey's fces.
18. Govemmental ImmuniN. Contractor agees and understands that Pitkin County is relying on
and does not waive, by any proyision of this conhact, the monetary limitations or terms (presently
$150,000 per person and $600,OOO.ger 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 othenvise available to Piticin County or any of its ofT'icers, agents or employees.
Further, nothing in t6is contxact shall be conshued or interpreted to require or pmvide for
indemnification of the Contractor by the County for any injury to eny person or any properiy damage
whatsoever which is caused by the ne�ligence or other misconduct of the County or its agent or
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PiHdn County Faclibes Management,q8g Rio Grande Place,Unit ioi,Aspen,CO Si6ii
97o-9zo-5396.970-920-5285 Fax or emsil:jodis@co.piUdn.co.us
Contract#1462013
Budget Line ItemN 003.77.00752.82000
employees.
' 19. Current Year Obligafions. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriarions shall constitute only currenUy budgeted
expendihues of Pitkin County. Pitkin County's obligarions 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 6scal year of Pitldn County. No provision of the contract
shall be construed or interpreted as creeting a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County withiq the meaning of any consdtutional or statutory debt ,
limitation. 1'his contract shall not direcUy or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin County's then cwrent Sscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or sourcc of Pitkin County's
moneys, nor shall any provision of this conhact restrict the fuhue issuance of Pitkin County's bonds
or any obligadons 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 fau number below;or(3)within three(3)days of being sent certified first
class mail,postage prepaid,retum receipt requested addressed as follows:
A. To Pitkin County with copies to:
Jodi Smith,Facilities Manager Pitkin County Attomey's Office
485 Rio Grande Pl#101 530 E. Main Street,�302
Aspen,Coiorado 81611 Aspen,Colorado 81611
Fa�c 970-920-5285 Fax: (970)920.5198
B. To Contractor.
Aspen Tree Service,Inc
111 I Village Road
Cazbondale,CO 81623
Fax 970.963-6214
21. Public Contracts for Services and Public Contracts with Natuial Persons. In conformance
with t6e provisions of C.RS. §8-17.5-101 and 102,as amrnded and C.RS. §2476.5-101,as
amended
PUBLIC CONTRACTS FOR SERVICES: CRS §8-17:5-101. [NorApplicable to dgreeneents
relating to th¢o,J)`'er,issuonce, orsale ojsecuiities,investixent advisory serv}ces or;/urtd
monagement services,sponsored projecls, Ixtergovernmenta!agreementc,or InjormatJon
techno%gy servkes or p�oduds and services] Contractor certifies, waziants,and agees ihat it does
not knowingly employ or con�act with an iltegal alien who will perform work under Uus contract
and will confirm the employment eligibility of all employees who are newly hired for employment in
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Pitldn County Faclities Management,q8g Rio Grande Place,Unit ioi,Aspen,CO 8i6u
970-920-5396�97o-9so-gz8g Fax or ema�7:jadis@co.piUdaco.us
ContractN146.2013
BudgM Line[tem#00397.00752.82000
the United States to perform work under this contract,through participation in the E-Verify Program
ot the Deparlment 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 uader this contract or enter into a
contract with a subconhactor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract Contractor
(a)shell not use E-Verify Program or Departrnent 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 aclual knowledge that a
subcontractor is employing or wntracting 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)shall comply with reasonable requests made in
the course of an investigatioq undertaken pursuant to CRS §8-17.5-102(5),by the Colorado
Department of Labor and Employment [f Contractor participates in the Departrnent 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 Departrnent
progrem. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-]Ol et
seq.,the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and,if so terminated, Conhactor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS &2476.5-101. Contractor,if a natural
person eighteen(18)years of age or older, hereby swears and affirms under peealty of pequry that he
or she(a)is a citizen or otherwise lawfully present in the United States ptvsuant to federal law, (b)
shall comply with the provisions of CRS §2476.5-101 et seq.,and(c)has produced one focm of
identification required by CRS §2476.5-103 prior to the effective date of this contract.
IN W[TNESS WHEREOF,the parties have exewted this conhact as of the date first set out herein
above.
NT OR: Aspen Tree ervice,Inc.
By:
Title� WIL�Afar;n, ,..o c;sh-.�.t 9dl�/3 ,
Date
PITKIN COUNTY,COLORADO:
By: � - l �ll� r'y
Jodi Smith,Facilities Maneger Date
8
Pitldn County Facilities Management,q8g Rio Grande Place,Unit�01,Aspen,CO 8i6u
970-920-5396,970-9?o-SzBg Fax or email:jodis@co.pitltin.co.us