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Home My WebLink Aboutbocc.con.051.2017 C-10 0111. : r. Pitkin Counts Procurement Cover Sheet Please complete the Contract Covet Sheet when the contract/task order is complete and fully executed Return all Contract Cover Sheets and Contracts'Change Orders/Amendments/Task Orders to Procurement (precutemenru mtkincoimty cont) If not already completed, any contracts 550.000 and over will he routed for signatures to County Manager and Attorney's Office(if required)by Procurement. Contract Information Contact Number 051.2017 C-10 Project Name Prince Creek Completed Fence Survey Contractor SGM,Inc Budget Line Item 118 72 02291 86100 $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) S Contract Start Date 11/16'2017 Contract End Date 12/31 7017 Renewal Yes U No1N Retainage Yes S or No® If this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form Contact Information: Department Open Space and Trails County Ted O'Brien County Representative 1970)429-6130 Representative Phone Provide a brief description of the contract: Suncy as-constructed location of fences and prepare exhibits for the Prince Creek Trail Fences Contract Value Summary: Original Contract Amount S 5,000.00 Previous Change Order/Amendment Amount $0.00 This Change order/Amendment amount $ 0.00 New Contract Total S 5,000.00 Procurement Method: None 'U Informal] Formal Z Sole Source U Emergency U Contract Type: Services/Maintenance N Construction E Goods,Equipment, Supplies U Change Order:Amendment D Contract Renewal IA Other,please explain ❑ - NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract #: 051.2017 C - 10 TASK ORDER Task O:dei/Project Name: Prince Creek Completed Fence Surve\ Task Order Number: 051.2017 C-10 Task Order Budget Line Item. 118.72 02291.86100 1 18 75 02291.86100 corrected line item OWNER CONTRACTOR. Ted O'Brien—Open Space and Trails Mike Fowler Pitkin County SGM Inc. 806 West Hallam Street 118 West e Street, Suite 200 Aspen, CO 81611 Glenwood Springs,CO 81601 Phone: (970)429-6130 Phone. (970) 384-9075 ted.obrien@pitkmcounty.com mikef@sgm-inc.com PROJECT NAME Prince Creek Completed Fence Survey PROJECT START DATE: 11/16/2017 PROJECT END DATE: 12/31/2017 The Master Sen ice Agreement for Provision of On-Call Engineering Services (the "Agreement") dated January 1, 2017 between the Board of County Commissioners of Pitkin County (the "County") and SGM Inc., 118 West 6's Street, Suite 200: Glen ood Springs, Colorado 81601 (the "Contractor"), shall include the following services. 1. Contractor's Obligations Contractor shall survey as-constructed location of fences and prepare exhibits which describe fence locations in relationship to property boundaries Where fence locations deviate from property lines, deeds will be prepared by the Contractor for the County to use in executing required property transfers. 2 Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its sen ices in accordance with the Project Budget and Schedule set out in Paragraph I of this Task Order. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of$5,000.00 for all services rendered. By Task Order or Task Order 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. Any invoices not sent in the following manner may have payment delayed. All invoices for this Task Order shall reference Task Order Letlei, Number, Amendment (if applicable) and Project Name 1 Contract # 051.2017 C - 10 Invoices shall be sent electronically in PDF Format to ted.ohrien(apukincounty corn with a copy to fran.soroka@mtkincounty.com. 3. Pekin County's Obligations. Pitkin County shall administer this contract through a County Representative. Ted O'Brien will manage the project as the County's Representatise. The services provided and products delis ered by the Contractor under this contract wall he subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 4. Formation of Task Order. This Task Order is issued in accordance with the provisions of the Agreement. Contractor agrees to pi Ovide sen ices subject to the terns of this Task Order and for the avoidance of doubt this Task Order consists of the terms set out in the Agreement. In all other respects the Agreement is in full force and effect and remains unchanged by this Task Order. VENDOR LEGAL ENTITY' November 16, 2017 Contractor—SGM Inc. Date PITKINCOUNTY,COLORADO. 11/16:2017 Ted O'Bnen Date Open Space and Trails 2 postage prepaid. Notices addressed to a Member must be addressed to the Member's address listed in the section of this Agreement relating to initial Members, or if there is ma such address listed for a Member in that section, the address of the Member than mi the records of the Company. The address of a Member to which notices or other communications are to be mailed may be changed from time to time by the Member's giving written notice to the other Members.All notices and other communicafiars will be deemed to be given at the expiration of three days at the date of mailing. Section WIC. Dispute Resolution; Choice of Law. Any dispute between any Member and the Company or another Member concerning the interpretation or enforcement of this Agreement must be settled without litigation when possible. When a dispute arises that the parties are unable to resolve between themselves,before filing any litigation, the parties shall submit the dispute to mediation and shall proceed in good faith to jointly appoint an acceptable mediator. The parties will share equally in the cost of such mediation which shall take place in Teton County, Wyoming unless the parties otherwise mutually agree to another venue, and the mediation shall be completed within ninety (90) days of a request for mediation, or notice of duty to mediate by one party. The mediation shall be privileged and confidential as provided by Wyoming law. The parties agree that mediation is a mandatory prerequisite to litigation and the failure of a party to engage in mediation prior to litigation shall be interpreted as the non- meditating party being in breach of this Operating Agreement. Any and all actions shall be brought in a state court having jurisdiction in Teton County,Wyoming. Nothing contained in this section, however, will prevent a Member from seeking relief in a court having jurisdiction in situations in which expulsion of a Member or injunctive relief maybe appropriate. Section VIII.D. Additional Documents Each Member must execute such additional drrnnmmts and take such actions as are reasonably requested by the Members in order to complete or confirm the transactions contemplated by this Agreement Section VILE. Governing Law.This Agreement will be governed by the laws of the state of Wyoming. Section VIII.F. Third-Party Beneficiaries. The provisions of this Agreement are intended solely for the benefit of the Members and create no rights or obligations enforceable by any third party,including any creditor of the Company,except as otherwise provided by applicable law. IN WITNESS WHEREOF, ledediah Holdings LLC, a Wyoming limited liability company, as Member, and Mike Gierau as Manager, have executed this Agreement on the date set forth opposite the signatures provided below, to be effective, however, as of the date the Articles of Organization of the Company are accepted for filing by the Wyoming Secretary of State. Jedediah Holdings LLC, Member OPERATING AGREEMENT OF'MEDIAE ASPEN LEC PAGE 10