HomeMy WebLinkAboutbocc.con.002.2017Ah fh I N Pitkin County
COONT' Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement helpr&pitkincountv.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
002.2017
Project Manager
Project Name
Noxious Weed and Vegetation Management
(970)429-6130
Contractor
Eco -Rx, Inc
Budget Line Item
Click here to enter text.
$
Additional Budget Line
$
Items)
_ _
$
(Please fully allocate New
$
Contract Total)
$
Contract Start Date
5/1/2017
Contract End Date
10/18/2017
Automatic Renewal
Yes ® No❑
If Construction: Retainage
Yes S or % No®
If this is a new contractor, please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department
Open Space and Trails
Project Manager
Ted O'Brien
Project Manager
Phone
(970)429-6130
Provide a brief description of the contract:
Noxious weed management at Sky Mountain Park and Filoha Meadows and Loadoul
Contract Value Summary:
Original Contract AmountS
20,000.00
Previous Change Order/Amendment Amount (if appficable):777
IF_ S 0.00
This Change order/Amendment amount (if
1 $ 0.00
New Contract Total
L $ 20,000.00
Procurement Method:
None ❑ Informal❑ Formal N Sole Source L Emergency L Contract Renewal L
Contract Type:
Services/Maintenance ® Construction ❑ Goods, Equipment, Supplies ❑
Change Order/Amendment L Other, please explain L Click here to enter text.
NOTE: CLERKS OFFICF. WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITII THIS CHECKLIST.
Contract # 002.2017 Revision: 0211312017kjm
Budget Lire Item #
4VfTKIN
COUNT
C
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
NOXIOUS WEED AND VEGETATION MANAGEMENT
THIS CONTRACT', made March 21, 2107 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite 4106, Basalt, CO 81621,
(hereinafter called the "County") and Eco -Rx, Inc, PO Box 88, Austin, CO 84140 (hereinafter
called the "Contractor") to perform the following work: Noxious Weed and Vegetation
Mangement ("Project").
I. Term of Contract: The tern of this contract is from May 1, 2017 to October 18, 2017.
At the expiration of the initial term, the contract may be extended for three (3)
additional terms of one (1) year by the express written consent of both parties.
11. Contractor's Oblieations. Contractor shall provide herbicide treatments of Noxious
Weeds for the following County Open Space Trails Department Properties: Sky
Mountain Park and Filoha Meadows and Loadout (Exhibit A). Each location shall have
a total of three treatments during the term of this Contract. The first treatment shall be
completed by June 1, 2017, the second treatment completed by August 1, 2017 and the
final treatment by October 1, 2017. Final billing and records are due to the County
Representative by October 18, 2017.
Treatment of noxious weeds shall occur as spot -treatments, with every reasonable
effort made to prevent non -target plants from being sprayed. All herbicide mixes shall
include marker dye. Noxious Weeds shall be treated in such a manner as to prevent
plant propagation, before seed -set and in accordance with timing specified on the
herbicide label. The only exception is in the case of a second herbicide treatment, in
which case perennial weeds in seed may be treated in order to suppress root growth.
Treatment shall pertain to herbicide treatment of all weeds listed on the County
Noxious Weed List and any additional Colorado List A and List B Noxious weeds that
may be found during the course of the season.
Estimated Fee Schedule
The first treatment, completed by June 1, 2017 $7,975.00
The second treatment, completed by August 1, 2017 $5,050.00
The third treatment, completed by October 1, 2017 $6,975.00
Contract 4 002.2017
Budget Line Item N
Revision: 02113/1017kjm
111. Compensation and Expenses Invoicing, Pavment and Offset 'Phe County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Section II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
twenty thousand dollars and zero cents ($20,000.00) 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. Any payment by the County may be offset by any amount the
Contractor owes the County for any reason.
1V. County's Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this contract
shall be the property of the County. However, Contractor shall have the right to utilize
such documents in the course of its 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: l) 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.
V. Pitkin County's Obligations. Pitkin County shall administer this contract through
a County Representative. Ted O'Brien, Resource and'I'rails Manager will manage the
project as the County's Representative. In the event that Ted O'Brien is not available,
an alternate person will be identified and shall assume the County Representative's
duties. The services provided and products delivered by the Contractor tinder 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.
VI. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause, by giving written notice to the Contractor
of such termination and specifying the effective date thereof. Such notice shall be given
at least ten (10) days before the effective date of such termination. In such event all
finished or unfinished documents, data, studies and reports prepared by the Contractor
pursuant to this contract shall become the County's- property. Contractor shall be
entitled to receive compensation in accordance with the contract for any satisfactory
work completed pursuant to the terms of this contract prior to the date of termination.
Notwithstanding the above, Contractor shall not be relieved of liability to the County
for damages sustained by the County by virtue of any breach of the contract by the
Contractor.
VII. Independent Contractor Status.
Contract» 002.2017
Budget Line Item It
Revision021131201Ikim
A. 'Ihe 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.
R. Contractor is not required to offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during
the term of this contract, provided that the basic services and deliverable products
required under this contract are submitted in the manner and on the schedule
defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations
under this contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this contract.
S. 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.
VIII. 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.
IX. 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.
X. 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.
R. "phe 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.
Xl. 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
Contract a 002.2017
Budget Line Item #
Revilon, 0211312017kim
included in the project, hereinafter referred to as indemnitee, from all suits and
claims, including attorney's fees and cost of litigation, actions, loss, damage,
expense, cost or claims of any character or any nature arising out of the work done
in fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this contract of indemnity applies.
In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers for losses arising from the work performed by the Contractor
for the County.
B. 'I he Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
XIL Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract
are satisfied, insurance against claims for injury to persons or damage to property which
may arise from or in 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 policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. "Che Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years alter completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of liability requirements provided that the coverage is written on a "following form"
basis.
Contract # 002.2017 ae�rsion: 02113/2017k1m
Budget Line Item #
1) Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. 'Phis 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 as an additional insured)
Minimum Limits:
General Aggregate
$
2,000,000
Products/Completed Operations Aggregate
$
2,000,000
Each Occurrence Limit
$
1,000,000
Personal/Advertising Injury
$
1,000,000
Fire Damage (Any One Fire)
$
50,000
Medical Payments (Any One Person)
$
5,000
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 Project(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
Contract a 0012017
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acvosnom- oz/ia/zovxim
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: Statutory
Coverage Bodily/Property Damage (Each Accident) S 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. ❑ Performance Bond $
b. ❑ Professional Errors and Omissions
c. ❑ Aircraft liability
d. ❑ Owner's Protective
e. ❑ Builder's Risk
f. ❑ Boiler and Machinery
g. ❑ boss of Use Insurance
h. ❑ Pollution Liability
i. ❑ 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 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 emailed directly to Procurement Heloapitkincounty.com. 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 effeeL
Simultaneously with the Certificates of insurance, the Contractor shall file
with the Project Lead a certified statement as to claims pending against the
required coverages, reserves established on account of such claims, defense
costs expended and amounts remaining on policy limits.
2) In addition, these Certificates of Insumnee 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 trader any form of policy.
Contract k 002.2017 Revision: 0211312017kjm
Budget Line Item #
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: "all operations and locations at which
work for the referenced Project is being done."
3) Certificates of Insurance for all renewal policies shall be delivered to
the County's Representative at least fifteen (15) days prior to a policy's
expiration date except for any policy expiring on the expiration date of this
contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this contract.
Xlll. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise "Faxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIV. 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.
XV. Contract Made in Colorado. The parties agree that this contract was made in
accordance with the laws of the Slate of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
XVI. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney's fees.
XVII. 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.ceg., 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 constmed 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.
Contract # 002.2017
Budget Line Item #
Revision: 02/13/2017kjm
XVIII. 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 restrietthe future issuance of Pitkin County's bonds or any obligations payable
from any class or source of Pitkin County's money.
XIX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand -delivered or sent by registered or certified regular mail, postage pre-
paid to the addresses of the parties as follows. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall also be deemed sufficient and considered delivered upon
receipt of confirmation of delivery on the part of the sender.
To Pitkin County:
'fed O'Brien
806 W Hallam St
Aspne, CO 81611
Email: ted.obrien@pitkincounty.com
To Contractor:
Eco -Rx. Inc
PO Box 88
Austin, CO 84140
Phone: (970) 433-5850
Email: ecorx(&.aol.com
with copies to:
Pitkin County Attorney's Office
123 Emma Rd., Suite 4204
Basalt, Colorado 81621
Email: Attorney@pitkincounty.com
XX. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seg., as amended and
C.R.S. §§ 24-76.5-101, el seg., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
/Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
Contract p 002.2n17
Budget Line Item a
Revision: 0211312012kjm
intergovernmental agreements, or information technology services or prodaets 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
confine 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 established under Pub. L. 104-208 or the State
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., 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 (i) shall not use E -Verify Program or
State program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed, (ii) shall notify the Subcontractor and the
contracting State agency within 3 days if Contractor has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor
and Employment. If Contractor participates in the State 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 State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., 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.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, el seq.,
C.H.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United Slates pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
Contract k 002.2017
Budget Line Item #
flrN--0211312017km
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
Eco -Rx, Inc
7
Signature Date
�nJl �Jt{trr�ne.— �cw�l
Printed Name Title
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
03/23/2017
Ted O'Brien Date
10
Contract 4 boocc n.002.2017
407KIN
COUNZ''Sf
NOTICE OF AWARD
Date: March 21, 2017
Eco -Rx, Inc.
Paul Schreiner
PO Box 88
Austin, CO 81410
Re: RFP NAME
Rev. 8/2015 Ajm
The Owner, having duly considered the Proposal submitted on March 10, 2017, for the
work or purchase covered by the RFP 002.2017 Noxious Weed Management in the
amount of twenty thousand dollars and zero cents ($20,000.00), and it appearing that the
Price and other information in your Proposal Form is fair, equitable and to the best
interest of the Owner, the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Agreement in one original of contract within ten (10) consecutive days from this Notice of
Award.
In addition, you are required to famish in the said time Certificates of Insurance evidencing
compliance with the requirement for insuranceasstated in the Contract Documents to
procurement help@piddr,county.com.
PITKIN COUN'T'Y
By:
Autho ' ed Signature
---------ACCEPTANCEOFNOTIC�
Receipt of the above Notice of Award is hereby acknowledged
By this�day of—Aa— 2017.
Title Jahllc�