HomeMy WebLinkAboutbocc.con.227.2015 7/2015 kjm
pTKIN Pitkin County
C®uNT1/ Contract Cover Sheet
tee«
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement_help@pitkincounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 227.2015
Project.Name Long Term Radon Sampling at Courthouse
Contractor Quest Management International
Budget Line Item , 001.17.00928.82000
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date 9/7/2015
Contract End Date 1/31/2016
Automatic Renewal Yes ❑ No❑X
If Construction:Retainage Click here to enter text.
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Facilities
Project Manager Carr Project Manager 5763
Phone
Provide a brief description of the contract:
Contractor shall conduct radon sampling in the areas of the District Attorney's Office in the Pitkin
County Courthouse. Sampling shall be done in accordance to Colorado and EPA radon sampling
protocols.
Contract Value Summary:
Contract Amount $2,645.00
This Change order/Amendment amount(if applicable),
New Contract Total
Procurement Method:
None ❑X. Informal❑ Formal ❑ Sole Source ❑ Emergency ❑ Contract Renewal ❑
Contract Type:
Services/Maintenance ❑X Construction ❑ Goods,Equipment, Supplies ❑
Change Order/Amendment ❑ Other, please explain ❑ Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#bocc.con.227.2015 Rev.8.31.11 jaaljs
Budget Line Item#001.17.00928.82000 2/6/2012 1m
�p Ir 1
CONTRACT FOR PROVISION OF SERVICES
Long Term Radon Sampling
Pitkin County Courthouse
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Quality Environmental Services &Technologies,
Inc.,5211 S. Quebec St., Greenwood Village, CO 80111 (hereinafter"Contractor").
1. Term. The term of this contract is from September 7,2015 to January 31,2016 .
2. Contractor's Obligations. Contractor shall conduct limited follow-up radon sampling in
the requested areas of the District Attorney's office suite of the Pitkin County Courthouse. In
accordance with Colorado and EPA radon sampling protocols as follows: Long-term Alpha
Track canister sampling (91 — 365 day sampling period). QUEST will place and retrieve the
canisters at an approximately 3 month time period at a mutually agreeable time (est. August to
November 2015). Alpha track canisters will be placed in the areas that had previously been
found to contain elevated radon concentrations. Duplicates (10%) and blanks (5%) will
accompany all testing programs to provide assurance of the quality of the measurements.
QUEST estimates that approximately six(6) locations require retesting. Based on the estimate of
six(6)radon canisters, plus one (1) duplicate and one (1)blanks; up to 8 canisters will be placed
in, and retrieved from, the District Attorney's office in the northwest corner of the building's
garden level.
The compensation rate for Contractor is $150 per hour plus expenses for hardware, $20.00 per
charcoal canister, $85.00 for supplies/sample shipment, This work is estimated to require six(6)
radon canisters, plus one (1) duplicate and one (1) blank, up to 8 canisters. Any additional
equipment will be charged at cost and with approval from County Representative.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project and Budget Schedule set out
in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation
and reimbursement to be paid hereunder exceed the sum of$ 2,645.00 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.
1
Contract#bocc.con.227.2015 Rev.8.31.11 jaa/js
Budget Line Item#001.17.00928.82000 2/6/20121m
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assignability. This contract is not assignable by either party. Any use of subcontractors
by the Contractor for performance of this contract must be accepted in writing by the County.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable,the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract, either written or
oral. This contract may be.amended only by written contract signed by both the County and the
Contractor.
B. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder. Such changes, including the increase or decrease in
the amount of the Contractor's compensation, which are mutually agreed upon between the
County and the Contractor, shall be in writing and upon execution shall become part of this
contract.
12. Indemnity.
•
A. The Contractor 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.
•
3
Contract#bocc.con.227.2015 Rev.8.31.11 jaa/js
Budget Line Item#001.17.00928.82000 2/6/20121m
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
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 $.
❑Payment Bond $
0(2)Professional Errors and Omissions
E(3)Aircraft Liability
❑(4)Owner's Protective
❑(5)Builder's Risk
0(6)Boiler and Machinery
0(7)Loss of Use Insurance
❑(8)Pollution Liability
❑(9)Crime,including Employee Dishonesty Coverage, or Fidelity Bond
5
Contract#bocc.con.227.2015 Rev.8.31.11 jaa/js
Budget Line Item#001.17.00928.82000 2/6/2012 lm
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.
7
. . v s
Contract#bocc.con.227.2015 Rev.8.31.11 jaa/js
Budget Line Item#001.17.00928.82000 2/6/2012 1m
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 of
this contract.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRACTOR:
By: 44646/0.--e/4-1-
Robert A. Woellner
Title )0w, 441 'itt/1 JG
President/Senior Scientist Date
PITKIN COUNTY, COLORADO:
By:02 /Lj
Glenn Carr, Facilities Superviso 7Date
9