HomeMy WebLinkAboutbocc.con.215.2002 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division:. ly
Contact Person: pS NTRACT# ��-
Phone#: S 3 f 7
Check Contract Tye STAFF AUTHORIZED
Services SIGNATURE
Maintenance
License/Use
Lease
Construction
Purchase
Employment
Intergovernmental Agreement (Requires BOCC Action)
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
>�T iLder 25K—Department Head
xtment Head (if appropriate), Section Leade_r�
Over 50 K—Department ea i appropna e , ection Leader, County Manager
Contractor/Business (Complete Name):
Contract Start Date: L Contract End Date: /o
Automatic Renewal (Y/N): !�
All Contracts should be proofed for the following:
• No Pages Missing
• If a Page is Left Intentionally Blank—Note on Page
• Page numbered consecutively
• All Signatures Affixed
• All Dates Filled In
• All Other Blanks Filled In
• All Exhibits Attached
• All Legal Descriptions Attached (if appropriate)
• Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date: 17 - 7 . _&ti
Authorized Staff Person
Signature of authorized staff person indicate that document has been proofed and ready
for scanning.
Note: Clerk's.Office will keep original documents in compliance with Colorado
State Archives retainage schedule.
pcjmj\ww\g\scannning\county contracts\narrative\checklistsheet
CONTRACT# 5`0z-
NOTICE OF AWARD
Date: April 4, 2002
TO: GMCO Corporation
14156 Highway 82
P.O. Box 1220
Carbondale, CO. 81623
The Owner, having duly considered the Proposal submitted on April 2, 2002, for the work covered by
the Contract Document titled 2002 Pitkin County Dust Control in the amount of Thirty- five thousand
seven hundred forty-three dollars and no cents ( $ 35,743.00),and it appearing that the Price and
other information in you 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 three copies within ten (10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance
with the requirement for insurance as stated in the Contract Documents to Bert Pearce Road & Bridge
Manager 76 Service Center Road Aspen, CO 81611 or Fax 970-920-5374.
PITKIN COUNTY
Bert Pearce procurement officer
===============================ACCEPTANCE OF NOTICE===========================
Receipt of three above Notice of Award is hereby acknowledged
By: / 1 ( this day of i / , 2002.
Title ��ovf
VII -29
AGREEMENT FOR PROVISION OF SERVICES
THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entered by
and between Pitkin County, Board of County Commissioners ("Pitkin County") and GMCO Corporation
14156 Highway 82 P.O. Box 1220 Carbondale, CO. 81623 (hereinafter "Contractor").
1. Pur ose. The purpose of this Agreement is to complete Pitkin County Dust Control
Project, see scope of services exhibit "A".
2. Term. The term of this Agreement is from _April 4, 2002 to October 15, 2002. At
the expiration of the initial term, the Agreement may be extended for an additional term of up to
_30 days by the express written consent of both parties.
3. Contractor's Obligations. Contractor shall supply and spray materials in
Exhibit "A".
4. Compensation and Expenses Invoicing and Payment. The County shall pay the Contractor
for performance of services hereunder. Payment of invoices submitted by Contractor hereunder is
contingent upon completion of each task to the satisfaction of the County. Invoices shall itemize specific
work done to complete the task, and include receipts for all reimbursable items. Within thirty (30) days
of receipt of an invoice and approval thereof as required hereunder, payment shall be made by the County.
In no event shall the total charges for services and reimbursements exceed Thirty-five thousand seven
hundred forty-three dollars and no cents ( $ 35,743.00). In the event the Contractor incurs time and
expenses above said amount, no compensation for said additional time and expenses shall be required to be
paid by the County without written authorization by the County.
5. County's Exclusive Ownership of Work Product. All work produced pursuant to this
Agreement becomes the property of Pitkin County.
6. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a
County Representative. Bert Pearce will manage the project as the County's Representative. The
services provided and products delivered by the Contractor under this Agreement will be subject to
review by the County's Representatives, or a designee, for compliance herewith.
The review comments of the County's Representative may be reported in writing as needed to
the Contractor. To prevent an unreasonable delay in the Contractor's work, the County's Representative
will endeavor to examine all deliverable products and other documents and will accept same and
authorize payment or will specify necessary changes within ten (10) working days of receipt of such
documents.
7. Cancellation. In addition to the right of termination referenced in Exhibit B hereto,
Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of
Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to
Contractor as provided in Paragraph 11 herein.
VII -35 3
8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance
and indemnification, are attached hereto as Exhibit 8 and incorporated by this reference.
9. Independent Contractor Status.
a. The parties to this Agreement intend that the relationship between them
contemplated by the Agreement 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.
b. Contractor is not required to offer his services exclusively to Pitkin County
under this Agreement. Contractor may choose to work for other individuals or entities
during the term of this Agreement, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the
schedule defined under this Agreement.
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 Agreement.
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
Agreement.
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.
10. Assignablility. This Agreement is not assignable by either party.
11. Notice. Any written notice required by this Agreement shall be deemed delivered on the
happening of 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
Bert Pearce Road & Bridge Manager
76 Service Center Road Aspen, CO 81611
FAX 970-920-5374
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
VII -36
b. To Contractor:
GMCO Corporation
14156 Highway 82
P.O. Box 1220
Carbondale, CO. 81623 Fax (970) 963-1311
12. Modification. This Agreement may only be modified by written agreement of both
parties hereto. Any modifications hereof are subject to the requirements of the Pitkin County
Procurement Code and the Required Clauses attached hereto as Exhibit B.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
CONTRACTOR: APPROVED AS TO FORM:
By: i.
Title Q / 130,k
Date
PITKIN COUNTY:
BY:
rt Pearce Date
Road 6 Bri Manager
/S
Brian Pettet Dat
Public Works Director
VII 37
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PROPOSAL FORM
Proposal Time: 10:00 am MST
Proposal Date: April 2, 2002
From:
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Bert Pearce Road & Bridge Manager
76 Service Center Road Aspen, CO 81611
970-920-5397
For: 2002 Pitkin County Dust Control
County Roads
Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined
the Contract Documents, including the site of the proposed work and being familiar with conditions
surrounding the construction of the proposed Project, including the avaiiability of materials and Tabor
hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform
the work for the project identified above and listed below and as detailed in the Contract Documents
for the sum of:
The lump sum of Thirty five thousand Dollars ($_ 35 , 743 . 00 )
seven hundred forty three dollars
The project will be completed within 60 working days of initiating the Work.
Description: Exhibit "A"
ROAD # 1: OWL CREEK 2 miles from Highwav 82 to Town of Snowmass Villa� e
Project Estimated Proposed
Number Item Unit Quantitv Unit Price Amount
Mag
MG — 1 chloride GAL 17000 gals $ 0, / al $4 3
86 . 00
ROAD # 2: WATSON DIVIDE 1.8 miles from Hi hwa 82 to Snowmass Creek Road
' Project Estimated Proposed
Number Item Unit I Quantitv Unit Price I Amount
Mag
MG — 1 chloride GAL 20000 gals $ 0 . 258 / al , $ 5, 160 . 00
ROAD # 3: PRINCE CREEK 4.5 miles end of pavement to intersection Dinkle Lake
Road
Project Estimated I Proposed
VII-8 6
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Number Item Unit Quanti Unit Price Amount
Mag
MG — 1 chloride GAL 16000 als $ 128 . 00
Lignosulpha
LG — 1 nate GAL 2000 gals $ o. 65 / al $ 1 , 300. 00
ROAD # 4: CONUNDRUM CREEK 1 mile from end of pavement to parking lot
Project I Estimated Proposed
Number Item Unit Quantitv Unit Price Amount
Mag
MG - 1 chloride GAL i 2000 gals $ 0 . 258 / al I $ 516 . 00
ROAD # 5: SMUGGLER MINE .4 miles from end of avement for .4 miles
P;Eoject Eimated ProposedNu Item Unit Quant' Unit Price Amount
MagMG — chloride GAL 1000 qals $ 0 . 258 / al $ 258 .00
ROAD # 6: WOODY CREEK 4.5 miles from end of pavement to above town of
LENADO
Project Estimated Proposed
Number Item Unit Quantitv Unit Price Amount
Mag
MG - 1 chloride GAL 17000 als $ 0 . 258 / al $ 4, 386 . 00
ROAD # 7: ELK CREEK 2.5 miles from intersection Capitol Creek road to end at Lost
Marbles ranch
Project Estimated Proposed
Number Item Unit Quanti Unit Price Amount
Mag
MG - 1 chloride GAL 5000 jals $ 0. 258 / al $ 1 , 290 .00
ROAD # 8: EAST SOPRIS CREEK 3.3 miles from end of pavement to end of
pavement
Project Estimated Proposed
Number Item Unit Quantity I Unit Price Amount
Mao ! I
vu-s fl
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MG - 1 chloride I GAL 120000 gals 1 $ 0 . 258 /gal $ 5 , 160 00 I
ROAD # 9: WEST SOPRIS CREEK 3.5 miles from end of pavement for 3.5 miles
Project I Estimated Proposed
Number Item Unit Quantity Unit Price I Amor,"
Mag
MG — 1 chloride GAL710000 gals $ 0 . 258 / al I $ 2 , 580 . 00
ROAD # 10: SNOWMASS CREEK 5 miles from end of pavement for 5 miles
Project Estimated Proposed
Number I Item Unit QuantityUnit Price I AmGL n-.
Mag
MG - 1 chloride GAL 15.000 als $ 0. 258 / al I $ 3 , 870 . 00
ROAD # 8A: Jack Gredi Lane .5 miles from end of avement for .5 miles OPT.
Project Estimated Proposed
Number Item Unit Quanti Unit Price Amount
Mag
MG — 1 chloride GAL 10500 aIs $ o. 258 / al $ 2, 709. o0
r
Specifications:
Owl Creek road — 1.3 miles end of pavement East Owl Creek to end of pavement
1. The contractor shall supply and spray mag-chloride on gravel road surface.
2. The contractor will be given a week notice prior to spraying.
3. The contractor shall spray at .5 gallons per square yard for the initial spraying
and .25 gallons on the rest of the sprayings.
4. Mag-chloride spraying shall be on an as need basis after the initial spraying.
5. The mag-chloride shall be 30% concentration.
6. Estimated amount of application is 3.
WATSON DIVIDE road — 1.8 miles from end of pavement Highway 82 to intersection
Snowmass Creek
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The undersigned agrees that upon notification of acceptance of this proposal, it will execute a -
Contract for the above stated work for the above compensation within the scheduled mutually
determined.
The proposer hereby certifies:
A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed
person, firm or corporation and is not submitted in conformity with any agreement of rules of
any group,association, or corporation.
B. That it has not directly or indirectly induced or solicited any other proposer to put in a false
proposal.
C. That it has not solicited or induced any person, firm, or corporation to refrain from prcpcs;ng.
The Proposer acknowledges receipt of Addenda's Nos. NONE
The right is reserved to waive any informaiities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this 2ndday of Apr i 1 , 2002
(Corporate seal) THE PROPOSER
Pimes!R
Co oration
Terry; Vice President
SIGNATURES: If the proposal is beings mitted by a Corporation, the proposer should be signed by
an officer, i.e. President or vice-president. The signature of the officer signing shall
be attested to by the secretary and properly sealed. If the proposal is being
submitted by an individual or a partnership, the proposal shall so indicate and be
properly signed.
VII-?4
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GMCO CORPORATION
14156 Highway 82
P.O. Box 1220 (970) 963-1110
Carbondale, CO 81623 Fax (970) 963-1311
March 28, 2002
Bert Pearce
Read & Bridge Manager
76 Service Center Road
Aspen, CO 81611
Re: Information for the selection process
a. For additional selection process requests, contact Randy Parsons by
phone at 970-963-1110, or by mail at:
GMCO Corporation
Attn: Randy Parsons
P.O. Box 1220
Carbondale, CO 81623
b. Proposed approach:
In the event, the bid is awarded to GMCO Corporation, we will proceed to
stock pile and have on hand, the necessary amount of magnesium chloride to
complete the project. We will wait for notice from the county as to when they
would like to begin the project. Once we are notified as to which road is to
be treated on a certain day at a certain time, we will assign a minimum of one
experienced distributor driver to be there at that location and at that time.
Depending on how much material is required for the day, we will also assign
transport trucks to keep material supplied to the distributor truck. We will not
keep county personnel and equipment waiting on the job by having our
distributor truck go back to our storage facility down valley. We also prefer,
if possible to send full truck load quantities to the job. Our price is based on
frill loads delivered to the job, and we would like the county to keep that in
mind when scheduling. Upon completion of a road, a Bill of Lading for the
total amount of gallons sprayed on the road will be filled out and countv
personnel on site will be given a copy. The county will be billed off of the bill
of Lading. (((JJJ
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:{ The county will be in charge of the following:
-All road preparation (including pre-wetting, and traffic control)
-Make the final decision on rain-out days.
-determine the application rate
-determine the road width to be treated
GMCO Corporation will deliver and apply certified magnesium chloride at a
minimum concentration of 30%. During the heat of the summer, our
magnesium chloride usually averages 32%. Our magnesium chloride is from
Reilly. Industries, in Wendover Utah. GMCO guarantees that no other
material, for example a non- spec grade calcium/magnesium mix will be
substituted in for high quality magnesium chloride.
Time-table for the Project
Our schedule will be dependent on the county's schedule. We have enough
resources to be flexible with respect to scheduling. It usually works better if a
routine is established. For example, we treat roads on Tuesday and Thursday
or on Mondav and Wednesday. A one week notice is preferred as stated in the
bid, but in the past we have been able to mobilize with very little notice
Proposed Method of Compensation:
A check from the county within 30 days of the billing date will be fine.
Net 30.
Personnel Assignments, Qualifications and Experience.-
Randy Parsons(13 years experience) or Jeremy Henderson (7 years
experience) will be in charge of scheduling.
Distributor drivers:
Lee Estes 11
Mark Balcomb 13
Paul Sansom 5
Tom Valencia 1
Bryce Sanburg 4
Larry Drieth 3
Dale Gilden 2
Standard hourly rates for the above personnel is between $15.00 and 520.00
per hour.
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GMCO CORPORATION
14156 Highway 82
P.O. Box 1220 (970) 963-1110
Carbondale, CO 81623 Fax (970) 963-1311
DUS-TOP USERS
Montrose County Dan Loncar 970-249-7755
Mesa County Bob Carmen 970-244-1807
Rio Blanco County Ron Leeper 970-878-5601
Delta County Carolyn Clemens 970-874-2101
Summit County John Polhemus 970-668-3590
Gart:;ld County Tom Russell 970-945-6111
San Miguel County Mike Horner 970-327-4835
Ouray County Bob Wolford 970-626-5391
Montezuma County Lloyd Everett 970-565-8666
LaPlata County Doyle Villers 970-247-2617
Archuleta County Fred 970-264-5660
Mineral County Danny Rogers 719-658-2329
Hinsdale County Robert Hurd 970-944-2400
Gunnison County Marlene Crosby 970-641-0044
Pitkin County Brian Pettet 970-920-5392
Eagle County Brad Higgins 970-328-8830
Grand County Clark Brandstetter 303-882-2123
Boulder County Ted Plank 303-441-3962
Clear Creek County Jim Cannady 970-569-3251
Fremont County Max Little 719-784-6474
Pueblo Conty Rich Simpson 719-583-6040
Douglas County Denny Gibson 303-660-7480
Chaffee County Joe Nelson 719-539-6961
Arapahoe County Jim Grant 303-792-5016
Adams County Lee Assay 303-287-5249
Routt Conty Paul Draper 970-879-0108
Moffat County Billy E. Mack 970-824-3211
Grand County Rich Schroer 970-887-2123
Rio Grande County Buddy Shaver 970-852-4781
Steamboat Springs Doug Marsh 970-879-1807
Breckenridge James Phelps 970-453-3179
Ouray Dan Fossy 970-325-4323
Town of Telluride Raymond Hughes 970-728-3516
City of Silverton Gary Noah 970-387-5523
City of Cortez Bruce Smart 970-565-3402
City of Thornton Kevin Saloman 303-538-7348
City of Greeley Todd Menge 970-350-9540
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GMCO CORPORATION
14156 Highway 82 (970) 963-1110
P.O. Box 1220 Fax (970) 963-1311
Carbondale, CO 81623
REFERENCES
DUST SUPPRESSANT
Grand County; Rich Schroer; Assistant Road & Bridge Director; P.O.
Box 9 Granby, CO 80440; phone 970-887-2123; fax 970-887-3168
Gunnison County; Marlene Crosby; Public Works Director; 811 Rio
Grande Gunnison, CO 81230; phone 970-641-0044; fax 970-641-8120
Routt County; Paul Draper; Road & Bridge Director; P.O. Box 773598
Steamboat Springs, CO 80477; phone 970-879-0831; fax 970-879-3992
3
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STATEMENT OF QUALIFICATIONS
DATE OF THIS STATEMENT: March 28, 2002
1. Name of Bidder: GMCO Corporation
2. Address: P.O. Box 1220
Carbondale, CO 81623
3. Year company was organized: 1964
4. Number of years this company has been engaged in similar construction: 15 years
5. Projects this company has under contract at the present time, contract amount and
anticipated completion dates:
Garfield County $ 189,051.00 9/02
Mesa County $ 91,627.52 9/02
Park County $ 146,649.00
9/02
6. Major types of work performed by this company: Dust control, road stabilization,
cracksealing, deicers
7. All contracts which were not completed by the contracted completion date:
None
8. All contracts for which liquidated damages were assessed:
None
9. All contracts during which or after which this company filed a protest with the owner:
None
� ,�:•,s.t .uS .. r.::::.'a.:.: a._5:�:��it.:..X;�:saA3LiY } ::10. All contracts for which any of this company's subcontractors or suppliers filed a verified
statement of claim with the owner or failed to provide this company with a lien waiver
upon request:
None
11. All contracts for which any owner has contacted this company's bonding companv
concerning late completion of a project, poor performance, etc. or attempted to have the
performance bond invoked.-
None
12. All contracts this company has failed to complete:
None
13. All contracts on which this company has defaulted or from which this company wall
terminated.-
None
14. Two of the most recent projects, similar to the project described in these Contract
Documents, which this company has successfully completed or are under construction at
the present time.-
Project: Rio Blanco County
Owner's Representative. Ron Leeper
Phone:970-878-5601
-----------------
Contract Amount: 95,000.00 Completion Date: 8/01
---------------
Project: Summit County
Owner's Representative: John Polhemus
Phone: 970-668-4231
Contract Amount: $43,089.00 Completion Date: 10/01
;�,]..dYi]1 P.:':C-.a:.w .s.::�.`..i11::'a't'�..�i��:..:'R../i:� ...1`.t.�� • .• - � � � Y...Aw La\.:dam�,v.�:u'�.�w' �+�
15. Principal members of this company who will be involved with this project:
NAME TITLE
Randy Parsons YRS. EXPERIENCE
Operations Manager 13
Jeremy Henderson
7
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The undersigned hereby swears and affirms that the information contained herein is complete and
true and further, hereby authorizes and requests any percon, company, firm or corporation to
furnish any information requested by Mesa County in verification of the recitals comprising this
Statement of Qualifications.
Dated this I$` day of April
2002
Bidder: G O Corporation
BY:
Name: Richard Stephenson
Title: President
NOTARY
County of Garfield )
State of Colorado ) ss.
Richard Stephenson being duly sworn, deposes and says that he is the
President of GMCO Corporation and all
statements herein contained are true and correct. Subscribed and sworn be ore me this
day of_G2��
(Seal)
Commission Expires Notary Public
1
Rev. 1/15/02
REQUIRED CLAUSES
For purposes of these Required Clauses, "Contractor" means GMCO Corporation.
Contractor shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING
LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the
requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home
Rule Charter, Ordinance # 00-18, approved April 26, 2000). As such, the Contractor agrees to
comply with all requirements of said Procurement Code, and such requirements are incorpor-
ated herein by this reference.
B. The Contractor shall immediately notify the County Manager in writing of any violation
of said Code or statutes by the County's employees or agents, which violation(s) is known or
should have been known by him, and failure to so notify the County of any violation(s) within
five (5)days of knowledge of such violations shall be considered a breach of this Agreement.
Further, such failure to notify the County of violation of the Procurement Code or statutes
within five (5) days of knowledge shall be deemed as a waiver of any action or defense that
the Contractor may have against the County by reason of such violation of the Procurement
Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND
CONFLICT OF INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon an agreement
or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by the
Contractor for the purpose of securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former
employee of Pitkin County a gratuity or any offer of employment in connection with any
decision, approval, disapproval, recommendation, preparation of any part of a program
requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation
or proposal therefor.
C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is received.
VI I-20
D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment, gratuity, or
offer of employment to be made by or on behalf of a subcontractor under a contract to the
prime contractor or higher tier subcontractor or any person associated therewith, as an
inducement for the award of a subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Agreement to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local,state and federal "anti-kickback" statutes or regulations.
E. Conflict of Interest Prohibited. No official, officer, employee or representative of
the County during the term of this Agreement or one (1) year thereafter shall have any
interest, direct or indirect, in this Contract or the proceeds thereof. (Additional
restrictions on present and former employees of County are found in Article 7 of the
Procurement Code).
F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks
and conflict of interest prescribed in this Agreement shall be made a condition of and con-
spicuously set forth in every sub-contract and solicitation therefor.
G. Conspicuously means written in such special or distinctive format,print, or manner that
a reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions
against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have
the right to:
(1) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor
under County contracts;
(3) Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN
BUSINESS ENTERPRISES (DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action
programs, contractor shall meet all applicable requirements with respect to employment and
subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises
(DME/MBE/WBE).
B. In connection with the execution and administration of this Agreement, and any
subcontracts, the Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, handicap or status as a
veteran.
C. In connection with the performance of this Agreement, the Contractor will cooperate
with the County in meeting the County's commitments and goals with regard to the maximum
VII-21
C. In connection with the performance of this Agreement, the Contractor will cooperate
with the County in meeting the County's commitments and goals with regard to the maximum
utilization of disadvantaged, minority and women business enterprises and will use its best
efforts to ensure that such business enterprises shall have the maximum practicable
opportunity to compete for employment and/or subcontract work, if any, under this
Agreement.
D. The Contractor will furnish all necessary information and reports and will permit
access to its books, records, and accounts by Pitkin County for purpose of investigation to
ascertain compliance with the nondiscrimination/affirmative action provisions of any
resultant contract.
E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to
submit on an Employment Data Form to be provided by the County, the data showing the
utilization of disadvantaged persons, minorities and women by job category within its
organization. Where the Contractor has fifty (50) or more employees or it is participating in
contracts with the County, which exceed Fifty-Thousand ($50,000.00) Dollars, an
Affirmative Action Plan must be submitted to the County when requested by the County
Attorney's Office within ten (10) days after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall
impose such contract sanctions as it may determine to be appropriate, including, but not
limited to:
(1) Withholding of payments under the Agreement until the Contractor complies,
and/or
(2) Cancellation,termination, or suspension of the Agreement, in whole or in part.
4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement,
the performance of work under the Agreement may be terminated by Pitkin County:
(1) Whenever the Contractor shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to perform
should be excused within ten (10) days (or longer as the County may allow or shorter,
but not less than three (3) days, for failure to provide proof of insurance or
maintenance of any dangerous condition) after hand-delivery, facsimile or mailing to
the Contractor of a notice specifying the default as provided in Paragraph 11 of the
Agreement.
The Contractor shall not be in default by reasons of any failure in performance of this
Agreement in accordance with its terms if such failure arises out of causes beyond the
control and without the fault or negligence of the Contractor. Such causes may
include, but are not restricted to, acts of God, natural disasters, strikes, or freight
embargoes, but in every case the failure to perform must be beyond the control and
without the fault or negligence of the Contractor. Upon request of the Contractor,
VI I-22
the County shall ascertain the facts and failure,and, if the County shall determine that
any failure to perform constituted a valid commercial excuse, the performance shall be
revised accordingly and notice of default withdrawn; or
(2) Whenever for any reason and in its sole discretion the County shall determine that
such termination is in its best interest and convenience.
B. Notice of Termination. In the event of termination, the County shall deliver to the
Contractor a written notice of termination, specifying the reasons therefor, and the effec-
tive date of such termination. The effective date shall not be earlier than the date of hand-
delivery, facsimile or the date of mailing of the notice, as provided in Paragraph 11 of the
Agreement.
C. Termination Procedure. After the effective date of the notice of cancellation, termi-
nation for default or for the convenience of the County, unless otherwise directed by the
County,the Contractor shall:
(1) Stop work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materials,services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all
claims arising out of such termination on orders or subcontracts, the cost of which
would be compensable or reimbursable in whole or in part in accordance with this
Agreement.
D. Termination Payment. After the effective date of a notice of termination for the
convenience of the County, the Contractor shall submit to the County his termination claim in
the form of a final invoice in accordance with the provisions in "Method of Payment,"
including costs incurred to the date of termination, and costs incurred because of
termination, which termination costs shall not exceed 10% of the total amount of proposal;
provided, however, that in the event of default by the Contractor, no extra costs incurred
because of termination shall be paid to the Contractor and any costs paid shall not be a
waiver of any claim, counterclaim or set-off by the County against the Contractor on account
of any default. Such claim must be submitted promptly, but in no event later than thirty(30)
days from the effective date of termination, unless one or more extensions are granted in
writing by the County. Upon the Contractor's failure to submit a claim in the time allowed,
the County may review the information available to it and determine the amount due the
Contractor, if any,and pay the Contractor the amount as determined.
E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may
negotiate the whole or any part of the amount or amounts to be paid, if any, upon cancellation,
termination for default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made
by the County under "Cancellation or Termination for Default or for Convenience of
VI I-23 )NSS
in Paragraph 4.0., above, and has failed to properly request extension, he shall have no such
right of appeal. In any case where the County has made a determination of the amount due
under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amount the
County has determined if there is no right to appeal or if no timely appeal has been taken, or
(2)the amount finally determined on such appeal if an appeal has been taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination under
Paragraphs 4.1). or 4.E., he can appeal this decision in writing to the County. Such appeal must
be made within twenty (20) days of receipt in writing of the County's determination. The
County shall have twenty (20) days in which to respond in writing to the appeal. The County's
response shall be final and conclusive unless within thirty (30) days from the date of receipt
of such response the Contractor submits the dispute to a court of competent jurisdiction or
submits a demand for arbitration if required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. The Agreement constitutes the full and complete agreement of the parties and
supersedes or incorporates any prior written and oral agreements of the parties. In addition,
the Contractor understands that unless the contract is for goods or services of a value less
than $50,000, no County official or employee, other than the Board of County Commissioners
acting as a body at a Board meeting, has authority to enter into a contract or to modify the
terms of the Agreement on behalf of the County. Any such contract or modification to this
Agreement must be in writing and be executed by the parties hereto.
B. With respect to change orders under the Agreement, the County and the Contractor
shall process and approve/disapprove requests for change orders as otherwise provided in
this Agreement, subject to the requirements of the Procurement Code and the Finance
Office.
6. INDEMNITY
A. The Contractor (including, by definition here and hereinafter, its officials, employees,
agents and representatives,subcontractors and suppliers), shall and hereby does release, dis-
charge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents
and representatives from and against liability for any claim, demand, loss, damages, penalty,
judgment, expenses, costs (including costs of investigation and defense), fees (including
reasonable attorney and expert witness fees)or compensation in any form or kind whatsoever
for any bodily injury, death, personal injury or property damage arising out of or in
connection with any negligent act, intentional act, error or omission by the Contractor, and
for any consequential liability alleged to accrue against the County on account of the
Contractor's acts, errors or omissions, provided, however, that such indemnity shall not be
construed as an indemnity for bodily injury or property damage arising from the sole negli-
gence of the County or its employees.
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 costs and expenses related thereto, even if the claim,
demand or lawsuit is groundless,false or fraudulent.
VI I-24
7. INSURANCE
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in
the State of Colorado,as will protect itself,the County (with the County named as additional
insured) and others as specified, from claims for bodily injuries, death, personal injury or
property damage, which may arise out of or result from the Contractor's acts, errors or
omissions. The following insurance coverage, at or above the limits indicated and including
such endorsements as are indicated by an "X",are required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2) Commercial General Liability - ISO 1998 Form or equivalent
(Pitkin County Named Additionally Insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit 2,000,000.00
Comprehensive Form (All risks)to include (place X by applicable provisions):
_X_Premises/Operations
Underground, Explosion & Collapse Hazard
_X_Products/Completed Operations
Contractual Liability
_X_Independent Contractors and Subcontractors
_X_ Broad Form Property Damage
_X_ Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability(each accident) $1000,000.00
Coverage to include(place X by applicable provisions):
_X_ Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Garage Liability
(4)Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2)Professional Errors and Omissions
3) Aircraft Liability
VI I-25
3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk amount of project
(6) Boiler and Machinery
(7)Loss of Use Insurance
(8) Pollution Liability
(9)Crime, including Employee Dishonesty Coverage, or Fidelity Bond
PROOF OF INSURANCE SHOULD BE SENT TO:
Pitkin County Risk Management
C/o Kris Jewkes
530 E Main, Ste 202
Aspen CO 81611
970-920-5049 fax
B. To provide evidence of the required insurance coverage's, copies of Certificates of
Insurance in a form acceptable to the County shall be filed with the County (through the
County Representative)no later than ten (10) calendar days prior to commencement of opera-
tions affecting the County. Failure to file or maintain acceptable Certificates of Insurance
with the County is agreed to be a material breach of any contract and grounds for rescission
or termination. These Certificates of Insurance shall contain a provision that coverage
afforded under the policies will not be canceled or materially altered unless at least thirty
(30) calendar days prior written notice by certified mail, return receipt requested (effective
upon proper mailing), has been sent to the County (through the County's Risk Department).
(For purposes of this provision, "materially altered" shall mean a change affecting the
coverages required herein, including a change to policy limits as set out in the then-current
policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's
Risk Department (and promptly update, as necessary) a certified statement as to claims
pending against the required coverage's, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
C. In addition,these Certificates of Insurance shall contain the following clauses:
(1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a
Certificate,shall not apply to the County of Pitkin.
(2) 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 of policy.
(3) Any and all deductibles in the above-described insurance policies shall be assumed by
and be for the amount of,and at the sole expense of the Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the
referenced Project is being done."
VI I-26
D. 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 Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any
policy endorsement.
B. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for this Agreement
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 9B-02624 and 84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the work to the extent of not less than eighty percent (80%) of each
type or class of labor employed on such project; except for highway construction, which is
subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of
Colorado with a preference to residents of the County where the work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and
provisions produced, manufactured or grown in Colorado, quality being at least equal to
materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley)
services and labor of quality at least equal to non-local services and labor.
9. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books, records, and
documents concerning its performance relating to this Agreement for a period of three (3)
years after final payment under the Agreement 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 Agreement
and applicable law.
10. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to
any third party or parties, except to parties to whom Contractor or County may assign this
Agreement in accordance with the specific written permission,any rights to claim damages or
to bring any suit,action or other proceeding against either the County or Contractor because
of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
11. AGREEMENT MADE IN COLORADO
The parties agree that this Agreement 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.
VII-27
12. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this
Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. GOVERNMENTAL IMMUNITY
Contractor agrees and understands that Pitkin County is relying on and does not waive, by
any provision of this Agreement, the monetary limitations or terms (presently $150,000,00
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 these Required Clause or the Agreement 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.
14. 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 Agreement 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 Agreement 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 Agreement 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 Agreement 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 Agreement
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 agreement restrict the future issuance of Pitkin
County's bonds or any obligations payable from any class or source of Pitkin County's money.
VI1-28