HomeMy WebLinkAboutbocc.con.224.2002 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNINGLA
RCHIVING
Originating Department/Division:
Contact Person: , n
Phone #: X 53 J
Check Contract Type:
Services Maintenance CONTRACT# 4,� y--cc 2—
License/Use
Lease
Construction
Purchase
Employment
Intergovernmental Agreement (Requires BOCC Action)
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K—Department Head
25-50K—Department Head (if appropriate), Section Leader
Over 50 K—Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name):
Contract Start Date: b Z Contract End Date: 12 / 6 L
Automatic Renewal (Y/N): tj
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 Cle k an Recorde for anning/Archiving
Date: l ( b.Z1,
---- -----
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
Rev. 10/02/02
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
Mountain West Trees, Inc, P.O. Box 568 Snowmass, CO 81654 (hereinafter"Contractor").
1. Pu�ose. The purpose of this Agreement is to Pitkin County Jail Parking Lot
Addition Landscaping Project to include irrigation design and installation as well and landscape work.
2. Term. The term of this Agreement is from November 7, 2002 to December 1, 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 Obli ations. Contractor shall : See Exhibit A"Proposal Form"for details.
Irrigation System Specification
WORK: Under this item, the contractor shall design, furnish, deliver and install the irrigation system
for the Pitkin County Jail Parking Lot Addition Landscape. It is the responsibility of the Proposer to
receive the irrigation plan approval by the City of Aspen Parks Department prior to initiating work.
Successful contractor shall coordinate installation of irrigation line with Stutsman-Gerbaz as they will
be providing topsoil for the project as part of their contract.
DESCRIPTION: An in ground custom designed irrigation system is required for the landscaped areas
surrounding the parking lot addition to the rear of the jail. This system shall incorporate the number and
type of pop-up heads so as to provide equal coverage to the landscaped areas, while being adjustable to
avoid the street,parking area and most of all, the public path to the west. The Contractor shall be
responsible for the complete site-specific design for this system including water hook-ups and timers.
The contractor is also responsible for the parts, delivery, and complete installation of the system. Upon
completion of work the irrigation system shall be demonstrated to the county for their satisfaction and
approval. Any adjustments needed will also be the responsibility of the contractor.
Planting Scone of Work
Under this item, the contractor shall provide, furnish, deliver and plant all plants specified on the
attached"Planting Plan" (Exhibit A)for the Pitkin County Jail Parking Lot Addition Landscape.
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. Reimbursable expenses are NA may be billed on a monthly basis and will be paid
within thirty (30) days of receipt of the invoice with a top-set of Zero. In no event shall the total charges
for services and reimbursements exceed $5.807.79. 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. Jodi Smith, Project Manager will manage the project as the County's
Representative. In the event that Jodi is not available,Temple Glassier. Public Works Deputy Director
shall assume the County Representative's duties. 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 Required Clauses
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.
8. Required Clauses. Pitkin County's Required Clauses, including provisions for
insurance and indemnification, are attached hereto 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. Severability. If any clause, provision, subsection, Section or Article of the Agreement
shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or
unenforceability of such clause, provision, subsection, Section or Article shall not affect any of the
remaining provisions of the Agreement.
12. 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 with copies to:
Jodi Smith, Project Manager Pitkin County Attorney's Office
76 Service Center Road 530 E. Main Street,#302
Aspen, Colorado 81611 Aspen, Colorado 81611
(970) 920-5374 fax Fax: (970) 920-5198
b. To Contractor:
Mountain West Trees. Inc
P.O. Box 568
Snowmass, CO 8'16.54
(970) 927-9378
13. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein
above.
CONT CT )
By` %'
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Title K tom.�S)��� 1ff I��7
Date
PITKIN COUNTY:
By: ��
Jodi Smith, roject-M nager Date Temple Glassier, Department Head Date
REQUIRED CLAUSES
For purposes of these Required Clauses, "Contractor" means Mountain West Trees. Inc.
Contractor shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CON-
TRACTING 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 incorporated
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.
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 conspicuously
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
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 con-
tracts 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, the County shall ascertain
the facts and failure, and, if the County shall determine that any failure to perform consti-
tuted 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 effective 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, termination
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 deter-
mined.
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
County;" except that if the Contractor has failed to submit his claim within the time provided in
Paragraph 4.D., 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.D.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, judg-
ment, 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 omis-
sions; provided, however, that such indemnity shall not be construed as an indemnity for bodily
injury or property damage arising from the sole negligence 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.
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 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
(County named additional 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
Products/Completed Operations
X 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) $1,000,000.00
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
_(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
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Pitkin County
C/o Jodi Smith,Project Manager
76 Service Center Road
Aspen. Colorado 81611
fax (970)920-5374
B. To provide evidence of the required insurance coverages, 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 operations
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 coverages, 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."
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.
8. 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 98-02624 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.
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.
OCT- 16- 2002 8.36AM PITKIN CNTV PUBLIC WORKS NO,-436 P. 6/8
Pitktn County Jail Parldag Lot Addition Landscaping Project EXHIBIT A
PROPOSAL FORM
Proposal Time: 10:00 A.M.,MST
Proposal Date: October 30,2002
From: 1 uk K 4 �i W C.S i i r,E E S f NC.
7 5
To: THE FI TKIN COUNTY BOARD OF COMMISSIONERS
c/o JODI SMITH, COUNTY PROJECT MANAOER
76 SERVICE CENTER ROAD
ASPEN CO 81611
(970)920-5396
Por: PIt1liin County Jail Panting Lot Addition Landscaping Project
Pursuant to a request by the Pitkiu County Commissioners, the undersigned proposer having examined
the Contract Documents. including the site of the proposed work and being brewer with conditions
surrounding the construction of the proposed Project, including the availability of mated and labor
hereby proposed to Furnish all labor, matotials, supplies, servic" 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:
Please Include Contr at Timeline �+R i w,-ni(rJ 3 W GR K I K U DAYS NGr/c e
Te PP)oCtt=O 6v e0uti O 'l?Wr�WAL- C)F lt4 �nor�
lf}N 6V GTv F ASPt ti ASKS OEPi., EE �3E�ocv
The project will be oompleted within F C W�) working days of initiating the Work.
i v-0 -FPkEC s-7s/o�
Irrigation Plan and installation R Ed A), -SE v&N Dollars(S a 39 7.751
Planting Materials-NE 1 HOLtSXVW Ef(7N i 14u n)0RFo Dollars($
EVENTY - r=i UE � oW ao
Planting 7.abor D T I i4�(ASi4 � � JE AJ Aep 011ars($ S�S•�o l
Total lump sutra of (7f UPHe I�SA cVd fC�(IT y u1Uy)R 1�O�ars($ S C ,17�
Qualifications of Proposer-
References: Please insert names address,phone numbena and description of similar work
1. �Ou� O C�tl�v,,�RUcT70ti' /-�SPf✓iJ /'Ei�EST��Ani Gu��Kwf}Y �"r�E�P�,
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<_�RouN1J.
OCT, 16. 2002 8:37AM PITKIN CNTY PUBLIC WORKS N0. 036 P. 7/3
QUAUPICATIONS OF PERSONNEL.
Please list assigned personnel and their qualifications.
L �{0� rVUCr-O SSE 14tj0
Qualifications:
YEr�RS FXPER let" 0-N iN C-s1ni10SCAP�
ItiS q-TlOAJ f?r6f7i/0n '
Last of similar work performed:
PiTkirJ C!dunJr'y - 'Si u0 ffH�?cam PRurECr
GrMci.7 o misS 7T - /fSPeN 'CEP,j P 0./
It is further understood that the right is reserved by the Owns t 7
o reject any and all proposals and it is
agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for
receiving proposals.
The undersigned agrees that upon notification of accepta= of this proposal, it will ertecute a Contract
for the above stated work for the above compensation witWa the scheduled mutually 4etemained
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.
G That it has not solicited or induced any person,firm,or corporation to refrain from proposing.
The Proposer aclmowledges receipt of Addenda's Nos.13W(L- P- -
The right is reserved to waive any infOrmalities and to reject any Proposal.
(TYPO/Print name under all signatures)
Dated this day of C�i o 3ER .2002
tv :* —
`F rate seal)TfiE PROPd��'`�
11i�Nr?( r0 T. M L
SIGNATURES: If the proposal is being submitted 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.
(Auach a Separate Sheet for Suggested Cost Savings Alternatives)
e�(ou.nfaln (West EAF-F- ., qne.
P.O. Box 568
Snowmass, Colorado 81654
(970) 927-9341 • (970)927-4066
FAX (970)927-9378
October 28, 2002
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
RE: Jail Parking Lot Addition Landscaping Project
Dear Jodi,
The following is a proposal for the work to be done that the above referenced
project. The numbers provided are for information that we took from the faxed
paperwork that you sent to us.
Landscape Estimate:
63 #2 Dwarf Blue Rabbitbrush @ $ 19.53 ea. $ 1,230.39
21 #5 Spirea vanhouetti @ $ 26.65 ea. $ 559.65
5 1.5" Aspen, clump @ $115.00 ea. S 575.00
* Seeding with Wildlife Habitat Wildflowers mix &straw $ 125.00
** Seeding with Rockies Wildflowers mix & straw S 195.00
** Mulch $ 350.00
** Fine Grading & Cleanup $ 375.00
** Plumber work for irrigation $ 897.75
2 Zones - Irrigation installed w/Timer @ $750.00 p/zone S 1,500.00
Total, does not include sales tax $5,807.79
We can start this project within 3 workings days of Notice to Proceed by Pitkin
County and approval on the irrigation plan from the City of Aspen Parks Dept.
It should be noted that in order for the time line to be effective, the work must
begin no later than November 15t" or 2 days should be added for potential frozen
ground,
If you have any questions please feel free to call us at the office. Thank you for the
opportunity to provide this landscape estimate.
Cordially,
q
Terry McDaniel
Mountain West Trees, Inc.
OCT. 1b. 2002 4: 30PM PITKIN CNTY PUBLIC WORKS ' N0. 648 P 2/3
EXHIBIT A,
74
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