HomeMy WebLinkAboutbocc.con.227.2017 ')11 R I ` Pitkin County
Go Ni ft Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkn:
County Representative.
Return all Contract Coker Sheets and Contrakts/Change Orders/Amendments to Procurement
(procuremenpd;nitkincoumh cam) Any contracts $50.000 and over will he routed for signatures to County Manager and
Attor'ney's Office(if required)by Procurement.
Contract Information
Contract Number_ 2272017
Project Name — Recreational In-Channel Diversion Project- Monitoring and .ldaptive
Management Ilan —1
Contractor RiverRestoration.org
Budget Line Item_ 123 83.95003.86150
{ ss I $
Additional Budget Line $ 1
Item(s)
(Please fully allocate New 1 $
Contract Total)
Contract Start Date C6/26/2017 I $
Contract End Date 6/24/2018
Automatic Renewal Yes fl NoT1
1 If Construction: Retainage ( Yes $ or % No(`]_
If this is a new contractor. please request they complete and submit to Finance a Neu Vendor Request Form.
Contact Information:
[DepartmentHealthy Riven and Streams
Project Manager Lisa MacDonaldProject Manager 1)/0)920-5:9;
i _ — _ _ _- I.Phone 1 _ _ _ 1
Provide a brief description of the contract:
' ROD Monitoring per tiSACb 404 Permit , _ _ 1
Contract Value Summary:
Original Contract Amount _ I _ $ 165,680.00 I
Previous Change Order/Amendment Amount(;fapph aMte) _ _ _ S 0.00
This Change order/Amendment amount(ifappbiablel _
New Contract Total S 0,00 I S 165.680.00 I
Procurement Method:
None ' ' hiformalL Formal n Sole Source N Emergency ❑
Contract Type:
Sen ices/Maintenance CJ Construction a Goods, Equipment, Supplies L 1
Change Order'Amendment C Contract Renewal 0 Other. please explain 0 Ci,ck here to enter text
NOTE: CLERKS OFFICE WII I. KEEP ORIGINAL DOCUMENTS IN COMP1.JANCI. WI I H COLORADO STA] 11
ARCHIVES RETAINAGI. SCHEDUI E ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Rev 201'-Q7-0'bit
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: October I8, 2017
FROM: Lisa MacDonald, Administrator Healthy Rivers Fund
Proposed Contractor: RiverRestoration
Product/Service: Monitoring Adaptive Managemetn Program for Pitkin County's RICD Project
Estimate expenditure for the above Product/Service: $ $160,000.00
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain:
Total expenditure to be paid out over a five-year period. Pursuant to the County's Recreational In-Channel
Diversion (RICD)project's USACE 404 permit, Pitkin was required to develop an adaptive management
program. Pitkin County, Riverrestoration.org, Colorado Parks and Wildlife and the USACE developed a
monitoring and adaptive management program which focuses on monitoring fish passage, boat passage
and channel stability in the reach of the County's RICD project. RiverRestoraion.org is the engineering
firm for the original project RICD and have the historical knowledge, hydrographic surveys, photo
documentation, hydraulic modeling and community surveys that will aid in the agreed upon methodology
for the management plan No other firm had this information or knowledge of the river habits before,
during and poet construction of the whitewater park.
The undersigned requests that Pukm County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Section Head
Aix__ , ( Oct-19-2017
L5ihsa�ma�cnonal d Date
Paral e pal
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
Rev'Pl 7-n'-0'by
Approved x Denied Reason for Denial:
Jew Pulack Oct-23-2017
Jon Peacock Date
County Manager
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with covershect to clerk's office for archiving
Contract#227.2017 nevison 02/13/2017kgm
Budget Line Item U 123 83 95003 86150
1K
�t� tN
•
COUN1.8
•
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
RECREATIONAL IN-CHANNEL DIVERSON PROJECT - MONITORING AND
ADAPTIVE MANAGEMENT PLAN
Tills CONTRACT, made June 26, 2017 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621,
(hereinafter called the "County") and RiverRestoration org, 818 Industry Place POB 248 .
Carbondale, CO 81623 (hereinafter called the"Contractor")to perform the following work RICD
Monitoring and Adaptive Management Plan ("Project").
1
lerm of Contract The term of this contract is from June 26. 2017 to June 24, 2018. At
the expiration of the initial term, the contract may he extended for four (4) additional
terms of one (1) year by the express written consent of both parties.
II. Contractor's Obligations. Contractor shall pro'.ide management engineering and
hydrographic surveying services for the RICD project's monitoring and adaptive
management program as part of the projects IJSACE 404 permit Focus on monitoring
fish passage, boat passage and channel stability in the project reach through
hydrographic surrey, photo documentation. hydraulic modeling and community
surveys. The program follows the techniques and methodology agreed upon with the
Colorado Parks and Wildlife in the projects Monitoring and Adaptive Management
Plan of August 2016.
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph IL It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
One hundred sixty five thousand six hundred eighty dollars and 00 cents
($165.680.00) 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 he offset by any amount the Contractor ow-es the County for any reason.
IV. 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. I low ever, Contractor shall have the right to utilize
Contract#227.2017 Rev,,,on 02113/2017kim
Budget Line Item It 123 83 95003 86150
contract shall be the property of the County. I lowever. 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
I ) reproduce the work; 2) prepare derivative works: 3) distribute copies to the public;
d) 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. Lisa MacDonald, Project Manager will manage the project
as the County's Representative. In the event that Lisa MacDonald is not available,
Laura htakar. Assistant County Attorney shall assume the County Representative's
duties. The services provided and products delivered by the Contractor under this
contract will he 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 he given at least ten 110) 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 Conti actor
VII Independent Contractor Status
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent contractor Contractor. and
any agent. employee, or servant of Contractor shall not be deemed to be an
employee, agent. or sen ant 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 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.
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Budget Line Item a 123 83 95003 86150
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this contract.
E Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County' and is responsible for payment of any federal. state, FICA and other
income taxes.
VIII. Assignability. This contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this contract must he accepted in
writing by the County.
IX. Severability In the event that any' provision of this contract shall be held to he
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 vv ritten or oral. This contract may he 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 he in writing and upon
execution shall become part of this contract.
Xl. Indemnity.
A. The Contractor agrees to indemnify and hold harmless and, 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 suits and claims, including attorneys fees and cost of
litigation, actions, loss, damage, expense, cost or claims of am' character or any
nature arising out of a proven negligent act, error or omission of the Contractor 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
Contract#227 2017 Aevr,,on 02/1J'201 iym
Budget Line Item#123 83 95003 86150
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 hear all other costs and expenses related to a
pros en negligent act, error or omission of the Contractor.
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warrant) periods under this Contract
arc 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. 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, or types. Commercial General Liability
Completed Operations coverage must be kept in effect for up to three (3) years after
completion of the project
A. Coverage and Limits of Insurance. Contractor shall pros tde coverage with
limits of liability requirements provided that the coverage is v ritten on a
"follow ing form'' basis.
I I Statutory Workers' Compensation• Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or
subcontractor is exempt under Colorado Workers' Compensation
Act AND sv hen such contractor or subcontractor executes the
appropriate sole proprietor waiver form
Minimum Limits.
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500.000
Contract#227.2017 Revrs,on 02/13/2017Aim
Budget Line Item#123 83 95003 86150
$ 500.000
$ 500.000
2) Commercial General Liability–ISO ICG 0001 form or equivalent.
(IJ'rth Comtlr named as an ac/cla101w! Insured)
Minimum Limits.
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 1000,000
Each Occurrence Limit $ 1,000.000
Personal/Advertising Injure $ 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----O ners, 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: Statutory
Coverage Bodil\/Property Damage (Each Accident) $ 1,000,000
4) Special Coverages (check as appropriate and w+erl amount)
a. 111 Performance Bond $
Contract M 227.2017 Revision 02/I1/mvpm
Budget line Item#123.83 95003 86150
h. ❑ Professional Errors and Omissions
c. ❑ Aircraft Liahilit)
d. ❑ Owner's Protective
e. ❑ Builder's Risk
f ❑ Boiler and Machinery
g. ❑ Loss of Use Insurance
h. ❑ Pollution Liability
i. ❑ Crime, including Employee Dishonesty Coverage. or Fidelity
Bond
B. Proof of Insurance.
I) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not he 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 ProLurement I lel pu:prtkmcountv.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 effect.
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 Insurance shall contain the
follow ing 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 hag no recourse against the County of Pitkin I or payment of
any premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall he 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 he delivered to
the County's Representative at least fifteen (15) days prior to a policy's
expiration date except for am policy expiring on the expiration date of this
contract or thereafter
Contract#227 2011 Revision 02/13/20lloin
Budget Line Item#123 83 95003 86150
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
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k
XIV. Records The Contractor shall maintain comprehensit e. complete and accurate
hooks, 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 13) 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 w ith the laws of the State of Colorado and shall he 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, ei seg.. 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 he 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.
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 he
Contract It 2272017 Revs,on 02/13/2017k)m
Budget Line Item k 123 83 95003 86150
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.
XIX Notice. Any notice required or permitted under this Agreement shall he in ss Citing
and shall be hand-delis ered or sent by registered or certified regular mail, postage
pre-paid and via e-mail (electronic deli%ery) to the mailing and e-mail addresses set
forth below. Each party by notice sent under this paragraph may change the address
to which future notices should be sent. Electronic deli'ery of notices shall be
considered delivered upon receipt of confirmation of delisery on the part of the
sender
To Pitkin County: with copies to:
Lisa MacDonald Pitkin County. Attorney's Office
123 Emma Road #204 123 Emma Rd., Suite 4204
Basalt, CO 81621 Basalt, Colorado 81621
Email: lisa.macdonaldFepitkincountv.com Email: Attorney(a!pitkincounty.com
To Contractor:
Rh erRestoration.org
818 Industry Place POB 248
Carbondale, CO 81623
Phone: (970) 948-9568
Email: Jason Carey&ris errestoration.org
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 seq , as amended and
C.R S. §§ 24-76.5-101. el.req , 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,
intergovernmental agreements, or information technology services or products and
services/Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and 'rill
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 established under Pub. L. 104-208 or the State
verification program established pursuant to §8-17.5102(5)(e). C.R.S.. Contractor
Contract#227 2017 aev,.von 02/13/20171cm
Budget Line Item#123 83 95003 86150
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 yob
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 imeshgatmn,
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 sey , 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. §§23-76.5-101. et
.seq.,C.R.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 States pursuant to federal law, (ii) shall comply with the provisions of
§§24-765-10I 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 H7r,w :7 Renxa+ oaconnO2 tym
Budget Line Item b 123 8195003.86150
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set uut
herein above
RiverRe; oration.org
G Signature domO Darr
ljtqZ
Printed Name 'title J
PITKIN COUNTY, COLORADO
',COMM ' b FOR At • 'OVAL:
it" ; to
MANAGER APPROVAL:
Jou P iacoct;'t aunty Manager Date