HomeMy WebLinkAboutbocc.con.003.2014 Rev. 08-30-1/jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 003-2014
ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Dustin Havel PHONE#: 4292855
GU��D ��/��.
PROJECT NAME: Ese.k�eteetiv��ices CONTRACTOR: Eco-right Solutions
DOLLAR AMOUNT: $29,000.00 LINE ITEM# 404.25.00000.82000
CONTRACT EXECUTION DATE: 1/1/2014 CONTRACT END DATE: 12/31/2014
AUTOMATIC RENEWAL: ❑ YES � NO TERM: -
❑ 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 ❑ Formai ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-]7-5-101, 102 as amended(Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE: / / �°`�"'- ��� � � '`�
0
� 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 lesscr must havc County Managcr signawrc)
AII Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓�All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank-Note on Page ✓� All Exhibits Attached
✓ � Page numbered consecutively ✓Q All Legal Descriptions attached (fapplrcable)
✓ � All Original Signatures Affixed ✓� Notice of Award/NoYice[o Proceed Attached (ifapplicable)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ � Special Instructions for Finance Department Annual Weed Control plus as needed servicing.
✓ � Authorized Procurement Oflicer's Name: Dustin Havel
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 COMPUANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
ConVact#003-2014 � � � � % ����� i.
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CONTRACT FOR PROVISION OF SERVICES
WEED CONTROL
THIS CONTRACT is made and entered by and between the Pitkin County Boazd of County
Commissioners("County") and Eco-right Solutions(hereinafter"Contractor").
1. Term. The term of this wntract is from January l, 2014 to December 31, 2014. At the
expiration of the initial term, the contract may be extended up to four (4) additional one (1) yeaz
terms by the express written consent of both parties.
2. Contractor's Obli atg ions. Contractor shall perform weed management services at the
Aspen/Pitkin County AirpoR, as described and detailed in Exhibit A Scope of Work.
3. Compensation and Expenses, Invoicin ,�Pavment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2
and Exhibit A. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed $29,000 for all services rendered, except those additional
services as may be required by the AirpoR through written Task Order. ln no event shall work issued
by Task Order be reimbursed for greater than $150.00 per hour per applicator. 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. Countv's Exclusive Ownershio 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 documenu in the course of its
marketing, professional presentations, and for other business purposes. Contractor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. Pitkin Counri's Obli ations. Pitkin County shall administer this contract through a County
Representative. Scott Benesh will manage the project as the County's Representative. The services
provided and products delivered by the Contractor under this contract will be subject to review by
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the Counry's Representatives, or a designee, for compliance with Contractor's obligations prior to
final payment. .
6. Termination Prior to Exairation 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 repoRs 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 vir[ue 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 contractoc 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 wanants 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
Counry 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 Assianabiliri. This contract is not assignable by either party. Any use of subcontractors by
the Contractor for performance of this contract must be accepted in writing by the County.
9. BindinQ Arbitration. Any disputes arising out of this contract shafl 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
Heazing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the azbitration shall
be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this wntract shall be held to be imalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
paRies hereto
ll. Integration and Modification.
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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 hereundec 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. Indemni .
A. The Contractor agrees to indemnify,hold harrnless 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 azising 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 couR 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, tnastees,
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 wsts 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 warcanty 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.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.
The Counry in no way warraots that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work u�der 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,
ortypes.
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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.
l. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the Counry.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act., AND when such
wntractor or subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liabiliry) $ 500,000
$ 500,000 ,
$ 500,000
2. Commercial General Liabiliry—ISO 1CG 0001 form or equivalent,
(With Counry named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,OOQ000
Each Occurrence Limit $ 1,000,000
PersonaUAdver[ising Injury $ 1,000,000
Fire Damage(Any One Fire) $ SQ000
Medical Payments(Any One Person) $ 5,000
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 wsts 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)
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• 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 lnjury/Property Damage(Each Accident) $ 1,OOQ000
4. Special Coverages (check as appropriate and rnsen amount):
❑(1) Performance Bond $
❑(2) Professional Errors and Omissions
❑(3)Aircraft Liability
❑(4)Owner's Protective
❑(5) Builder's Risk
❑(6)Boiler and Machinery
❑(7) Loss of Use Insurance
❑(8) Pollution Liability
❑(9)Crime, including Employee Dishonesty Coverage,or Fidelity Bond
B. Proof of Insurance:
I. Each insurance policy required by the insurance provisions ofthis Contract
shall provide the required coverage and shall not be suspended, voided or canceled except
after thirty(30) days prior written notice has been given to the Counry, except when
cancellation is for non-payment of premium, then ten (10)days prior notice may be given.
Such notice shall be sent direcNy to (County Representative's Name& Address). If the
insurance carrier will not provide the required notice, the ConsultantlContractor 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 CeRificates of Insurance, the Contractor shall file with the
Procurement Of£cer a ceRified 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 oFpolicy.
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c. Any and aIl 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:"all operations and locations at which
work for the referenced Project is being done."
3. CeRificates 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 Counry 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. Exemotions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taaces or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
I5. 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) yeats after
final payment under the contract and the County shall have the right within the three (3) year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
17. Attome, '�. In the event that legal action is necessary to enforce any of the provisions of
this contract beyond the azbitration described in Paragraph 9, the substantially prevailing party shall be
entitled to its costs and reasonable attorney's fees.
18. Govemmental Immunitv. Contractor agrees and unders[ands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitaYions or terms (presently
$I50,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Imm�nity 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 Obliaations. 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
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Counry's annual right to budget and appropriate the sums necessary to provide the services set forth
herein. No provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then wrrent 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. No[ice. 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:
Dustin Havel Pitkin County Attomey's Office
0233 East Airport Road 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax 1-970-429-1892 Fax: (970) 920-5198
B. To Contractor.
James Lewis
Eco-right Solutions
167 Redstone Blvd
Redstone, CO 81623
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-IOL [Not Applicable to agreements
relating to the ojjer, issuance, or sa[e of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technolo�services or products and services] Contractor ceRifies, 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 all 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 pursuan[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 shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or DepaRment program procedures to undertake pre-employment
screening ofjob applicants while this contract is being performed, (b) shall notify the subcontractor
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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 dces 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 imestigation, 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 swears 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 ofthis contract.
IN W 17'NESS WHEREOF,the parties have executed this contract as of the date first set out herein
above.
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Scope of Work
Schedule A
Item Descri tion Price Not To E�cceed— Lum Sum
Treatment and control of all those species
included on Colorado Noxious Weed Act
(CNWA). This shall include any CNWA $8,000
species currently present on the Airport or
that may infest the Airport during the
course of this contract.
Treatment and control of the following
species: $12,000
Dandelion, Yellow Sweet-Clover, Penny
Cress, Russian Thistle, Pi Weed
Soil sterilization around all lights, signs,
windsocks, antennas and buildings within
the Airport Operations Area. Treatable
area encompasses:
Edges around a 8,006 X 100 ft runway, $9,000
Intersections, entire west edge and
portions of the east edge of a 7,000 ft
taxiway, five (5) windsocks, including a
traffic circle, various navigational aids,
antennas and their associated equipment
buildin s. '
TOTAL $29,000
Schedule B
Item Descri tion Hourl - Price Not To Exceed
Hourly cost for unanticipated or new weed
species growth, not including any State $150.00 per applicator
Noxious Weeds.
Contractor Responsibilities
The Airport consists of just over 200 acres of treatable land, about 60 acres of which is
typically infested. The Airport requires that the entire property, including the Airport
Operations Area (AOA), portions of Airport Ranch, frontage road, berms, and parking lots
be monitored and treated for State Noxious Weeds as well as non-State nuisance weeds
identified by the Airport. The worst areas are the parcels north of the runway, the west
side of the Airport where the soil material has been deposited, and the old hay field by
the cabin on Airport Ranch. Radar Road needs monitoring and treatment, as necessary.
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Contractor shall begin work as early as May 151 2014, with the final application to be
complete by October 15"', 2014.
Contractor shatl apply numerous applications throughout the summer to ensure adequate
contro�.
Contractor shall provide Material Safety Data Sheets of all chemicals used on Airport
property prior to starting work.
Heavy infestation areas shall be treated via a broadcast application method from a boom
or boomless nozzle.
Contractor and all Contractor employees working on the AOA shall be properly badged in
accordance with Airport and TSA identification regulations. Contractor shall not be
escorted by Airport staff.
Contractor shall provide Airport, in advance and for Airport approval, with a schedule of
when Contrador intends to be working on the Airport. Contractor shall notify Airport not
less than 24 hours in advance of any change in schedule.
The Airport is open to aircraft operations every day from 7 am to 11 pm. Contractor shall
be prohibited from working inside the Runway Safety Area (RSA) during aircraft operating
hours. The RSA is an area 250 feet off the centerline in either direction and 1000 feet off
both thresholds.
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