HomeMy WebLinkAboutbocc.con.093.21 pfKIN Pitkin County
Procurement Cover Sheet
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Contract Information
Contract Number 093.21
Project Name ADF Removal Services and Lease of Frac Tank and Aux Materials
Contractor Ancon Marine dba Ancon Services
Budget Line Item 40451510.542500 (ADF Removal) $ 250,000.00
'40451510.574000 (Frac Tank&Berm Lease) $ 55,000.00
Additional Budget Line $ _
Item(s) $ _
(Please fully allocate New Contract Total)
$ 305,000.00
Procurement Method: Sole Source
Type: Services/Maintenance
Contract Start Date 9/1/2021
Contract End Date 8/31/2022
Contract Type New Contract
Retainage No
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department Airport
County Representative Caroline Bonynge County Representative (970) 987-4829
Phone
Provide a brief description of the contract:
ADF Removal/Disposal services plus the lease of a 21,000 gallon above-ground frac tank and secondary
containment berm. Budgeted amounts are 'not to exceed' and services shall be billed only as incurred and per the
rates provided in Exhibit A and the Contract body. Monthly rent for frac tank and berm is $3,468.00.
Contract Value Summary:
Original Contract Amount $ 305,000.00
Previous Change Order/Amendment Amount $This Change order/Amendment amount $ -
(Contract Total $ 305,000.00
Rev 2018-10-10 btf
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: August 23, 2021
FROM: Caroline Bonynge, Director of Operations, Safety &ARFF
Proposed Contractor: Ancon Services
Product/Service: Glycol Removal and Frac Tank
Estimate expenditure for the above Product/Service: $ 315,000.00 including ADF Removal and Lease
of Frac Tank+ Secondary Containment Berm
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain:
Ancon is the only provider for both glycol removal and Frac Tank rental that is able to service the Aspen
Airport. We have requested and attempted to use other providers on multiple occasions, but there has
been continuous issues with truck/driver availability and ability to meet the required schedule for
removal of glycol to keep deicing operations up and running. Other vendors are unable and unwilling to
prioritize ADF removal from the Aspen/Pitkin County Airport and their costs are excessively high with
comparatively low service levels. Ancon Services has been an excellent partner for ADF removal and
are the only vendor committed to meeting our needs in a timely manner and understand the constraints
of our operations. A sole source Contract for ADF removal and lease for a 21,000 overflow Frac Tank
with Ancon Services represents the best value and only practicable source for these services.
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
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Rev 2018-10-10 btf
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Department Head Section Head
CArklia. 15M/u11lG Aug-30-2021 ri f4tikAYf Aug-30-2021
Caroline Bonynge Date Rich Englehart Date
Director of Operations, Safety & ARFF Deputy County Manager
County Manager
Reason for Denial:
PLIUs emu, Aug-31-2021
Phyl i s Mattice Date
Assistant County Manager
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
TKIN
COUNT
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PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made August 16, 2021by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite#302,Aspen,CO 81611, (hereinafter called the
"County") and Ancon Marine, dba Ancon Services; 22707 Wilmington Ave., Carson, CA 90745
(hereinafter called the "Contractor") is made in accordance with the following terms and
conditions:
Term of Contract: The term of this Contract is from September 1, 2021 to August 31,
2022. At the expiration of the initial term, the contract may be extended for five (5)
additional terms of one (1)year by the express written consent of both parties.
Lease of 21,000 gallon above ground Frac Tank and Secondary Containment Berm
shall become effective upon the date of receipt and shall endure for a period of Nine
(9)months thereafter. Upon initial expiration, at the County's sole discretion,the lease
of the Frac Tank and Secondary Containment Berm may be extended to match the then-
current Contract term or the County may elect to have the Frac Tank and Secondary
Containment Berm removed, with the County bearing cost for such and any return
shipment fees as provided in Exhibit A.
II. Contractor's Obligations.
Contractor shall:
A. Remove and dispose of all collected spent aircraft deicing fluids (ADF)
from the Aspen-Pitkin County Airport (Airport) at an off-site collection
facility approved by the County in accordance with all federal, state, and
local regulations for the disposal, treatment, or recycling of ADF.
B. Within Twenty-One (21) days of the effective date of this Contract, deliver
and install a 21,000 gallon above ground Frac Tank and secondary
containment berm, at a location approved by the County, to provide
supplemental storage capacity for spent ADF in accordance with Exhibit A,
which is included hereto and made a part of this Contract.
C. Provide to the County 30-days prior to the start of collection of ADF from
the Airport a written plan detailing the methods intended to be utilized to
legally dispose, recycle, or treat ADF collected at the Airport. Legal
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
disposal shall be verified through receipt of manifests signed by the
generator, transporter, and the designated treatment/disposal facility.
D. Submit with all invoices to the County for services under this Contract a
signed manifest from the approved off-site collection facility
acknowledging the receipt of all spent ADF from the Airport. The absence
of a signed manifest will prevent the completion of the invoice approval
process and payments will not be made by the County.
E. Within 48-hours' notice by the County, weather and road conditions
permitting, remove all collected spent ADF from the Frac Tank and the
County's 20,000ga11on underground storage tank in an expeditious manner
that has minimal impact on aircraft operations at the Airport.
F. Supply in good working order all necessary pumps and hoses to convey
spent ADF from the Frac Tank and County's existing 20,000-gallon
underground storage tank to Contractor's trucks.
G. Provide to the County the name and contact information for a local full-
time, project manager whose sole responsibility during the term of the
Contract is the management of spent ADF at the Airport and who is
available to the County between May 1 and September 30 to discuss spent
deicing fluid management issues with County staff.
H. Be solely liable and responsible for the cleanup and remediation of all spills
of spent ADF from the point in time when Contractor initiates the pumping
of spent ADF from the Frac Tank and 20,000 gallon underground storage
tank into Contractor's tanker trucks continuing through the offloading of
spent ADF from the Airport at an approved off-site collection facility. It is
acknowledged that during this period of time the risk of loss of the spent
ADF will be the sole responsibility of the Contractor.
I. Comply in all material respects with all applicable laws and regulations in
the performance of its obligations under this Contract including without
limitation all federal, state and local environmental statutes and regulations,
and all applicable rules and regulations adopted by the County with respect
to uses of the Airport.
J. Be responsible for obtaining any governmental permits, licenses,
certificates, and approvals, which relate to or could affect the performance
of its obligations under this Contract.
K. Provide sufficient staff to perform the required services hereunder.
Contractor shall furnish to the County from time to time a list of all of
Contractor's employees,agents,representatives,or independent contractors
that will require access to the Airport premises in order to perform the
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
obligations of Contractor under this Contract.
L. Comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or disability be excluded from participating
in any activity conducted with or benefiting from Federal assistance.
M. Comply with the Title VI List of Pertinent Nondiscrimination Acts and
Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this Contract.
N. With regard to the work performed by it during this Contract, not
discriminate on the grounds of race,color,or national origin in the selection
and retention of subcontractors, including procurements of materials and
leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts
and Authorities, including employment practices when the contract covers
any activity,project,or program set forth in Appendix B of 49 CFR part 21.
O. In all solicitations, either by competitive bidding or negotiation made by the
Contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential
subcontractor or supplier will be notified by the Contractor of the
contractor's obligations under this contract and the Nondiscrimination Acts
and Authorities on the grounds of race, color, or national origin.
P. Provide all information and reports required by the Acts, the Regulations,
and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be
determined by the County or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Nondiscrimination Acts and
Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the Contractor will so certify to the County or the
Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
Q. In the event of a Contractor's noncompliance with the non-discrimination
provisions of this contract, the County will impose such contract sanctions
as it or the Federal Aviation Administration may determine to be
appropriate, including,but not limited to:
i. Withholding payments to the Contractor under the contract until the
Contractor complies; and/or
ii. Cancelling, terminating, or suspending a contract, in whole or in part.
R. Include the provisions of paragraphs II.m.through II.r.in every subcontract,
including procurements of materials and leases of equipment,unless exempt
by the Acts, the Regulations, and directives issued pursuant thereto. The
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
Contractor will take action with respect to any subcontract or procurement
as the County or the Federal Aviation Administration may direct as a means
of enforcing such provisions including sanctions for noncompliance.
Provided, that if the Contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the County to enter into any litigation to protect the
interests of the County. In addition, the Contractor may request the United
States to enter into the litigation to protect the interests of the United States.
III. County Obligations.
County shall:
A. Provide,maintain,and pay for all electrical service to the County designated
site required for the operation of both the underground tank system and the
Frac Tank.
B. Provide, install, and maintain a pump system, specified and approved by
Contractor, for use in conjunction with the Frac Tank.
C. Provide and maintain in good working order a pump system for the
underground tank system.
D. Administer this Contract through a County Representative. For purposes of
this Contract, Caroline Bonynge, Director of Operations, Safety and
Security, will serve as the County's Representative. In the event that
Caroline Bonynge is not available,Matt Whitelock,Director of Operations,
Safety and Security, shall assume the County Representative's duties. The
services provided and products delivered by the Contractor under this
Contract will be subject to review by the County's Representatives, or a
designee, for compliance with Contractor's obligations herein.
IV. Compensation and Expenses, Invoicing, Payment and Offset. The County shall pay
Contractor the following sums for removal of ADF in accordance with Paragraph II:
$0.60 per gallon of disposed ADF; $120.00 per hour portal to portal for vacuum truck
transportation; and $150.00 per-diem for overnight stays, as needed. The County shall
further pay Contractor the sum of $3,468.00 per month for lease of the Frac Tank
installed and operated at the Airport in accordance with Paragraph II and Exhibit A of
this Contract for the duration of County's possession on a pro rata basis. Contractor
shall invoice the County monthly for the rent of the Frac Tank, quantity of ADF
removed from the Airport in accordance with Paragraph II and Exhibit A, and for
transportation costs plus applicable fuel surcharges in accordance with Exhibit A, all
billable only as incurred. The County will pay contractor within thirty (30) days of
invoice.Any payment by the County may be offset by any amount the Contractor owes
the County for any reason. Ninety days prior to the expiration of the initial Term of
this Contract, Contractor shall notify County of its request for increased compensation
for services provided herein. Such notification shall be in writing and shall provide the
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
basis for such requested increase in compensation. The County and Contractor shall
meet, within at least 30 days of the date of such notice, to consider and negotiate in
good faith requested changes in compensation.
V. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In
such event all finished or unfinished documents, data, studies, and reports prepared by
the Contractor pursuant to this Contract shall become the County's property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory work completed pursuant to the terms of this Contract prior to the date of
termination. Notwithstanding the above, Contractor shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor. Should the County terminate this Contract for ADF Removal and
Disposal Services, with or without cause, the lease of the Frac Tank and Secondary
Containment Berm shall terminate effective as of the same date.
VI. Independent Contractor Status.
A. The parties to this Contract intend that the relationship between them
contemplated by the Contract is that of independent contractor. Contractor,
and any agent, employee, or servant of Contractor shall not be deemed to
be an employee, agent, or servant of the County.
B. Contractor is not required to offer his services exclusively to the County
under this Contract. Contractor may choose to work for other individuals
or entities during the term of this Contract,provided that the basic services
and deliverable products required under this Contract are submitted in the
manner and on the schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable
industry standard of care, skill, and diligence in the performance of
Contractor's obligations under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of
any County employee, servant, or agent in the course of completing work
under this Contract.
E. Contractor is not entitled to any Workers' Compensation benefits through
the County and is responsible for payment of any federal, state, FICA, and
other income taxes.
VII. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
VIII. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
IX. Integration and Modification.
A. This Contract represents the entire and integrated Contract between the
County and the Contractor and supersedes all prior negotiations,
representations, or contract, either written or oral. This Contract may be
amended only by written contract signed by both the County and the
Contractor.
B. The County may,from time to time,request changes in the scope of services
of the Contractor to be performed hereunder. Such changes, including the
increase or decrease in the amount of the Contractor's compensation,which
are mutually agreed upon between the County and the Contractor, shall be
in writing and upon execution shall become part of this Contract.
X. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the
County's right to participate, defend the County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, volunteers, and any jurisdiction or
agency issuing permits for any work included in the project, hereinafter
referred to as indemnitee, from all suits and claims,including attorney's fees
and cost of litigation, actions, loss, damage, expense, cost or claims of any
character or any nature arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of
the Contractor to conform to any statutes, ordinances, regulation, law or
court decree. It is agreed that the Contractor will be responsible for primary
loss investigation, defense, and judgment costs where this Contract of
indemnity applies. In consideration of the award of this Contract, the
Contractor agrees to waive all rights of subrogation against the County its
subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for
losses arising from the work performed by the Contractor for the County.
B. 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 fraudu-
lent.
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
XI. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract
are satisfied,insurance against claims for injury to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent,maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3)years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of liability requirements provided that the coverage is written on a"following form"
basis.
1) Statutory Workers' Compensation: Colorado statutory
minimums.
a. Policy shall contain a waiver of subrogation against the
County.
b. This requirement shall not apply when a contractor or
subcontractor is exempt under Colorado Workers'
Compensation Act AND when such contractor or
subcontractor executes the appropriate sole proprietor
waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability—ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
Minimum Limits:
General Aggregate $ 4,000,000
Products/Completed Operations Aggregate $ 4,000,000
Each Occurrence Limit $ 2,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments(Any One Person) $ 10,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract(including defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials,trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed
by, or on behalf of the Contractor, including completed operations".
3) Auto Liability: Bodily injury and property damage for any owned,
hired, and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage(Each Accident) $5,000,000
Special Coverages (check as appropriate and insert amount):
a. ❑ Performance Bond
b. ❑ Professional Errors and Omissions
c. 0 Aircraft Liability
d. 0 Owner's Protective
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
e. 0 Builder's Risk
f. 0 Boiler and Machinery
g. 0 Loss of Use Insurance
h. ® Pollution Liability $5,000,000
i. 0 Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty(30)days prior written notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be emailed directly to Procurement@pitkincounty.com. If the insurance
carrier will not provide the required notice, the Consultant/Contractor and
or its insurance broker shall notify the County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers' notification to that effect. Simultaneously with the
Certificates of Insurance, the Contractor shall file with the Project Lead a
certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2) In addition,these Certificates of Insurance shall contain the following
clauses:
a. The contractor's insurance shall be primary and non-
contributory with any insurance or self-insurance purchased
by the County.
b. The insurance companies issuing the policy or policies
hereunder shall have no recourse against the County of Pitkin
for payment of any premiums or for assessments under any
form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for
the amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations
at which work for the referenced Project is being done."
3) Certificates of Insurance for all renewal policies shall be delivered to
the County's Representative at least fifteen (15) days prior to a policy's
expiration date except for any policy expiring on the expiration date of this
Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
XII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIII. Records. The Contractor shall maintain comprehensive, complete and accurate
books,records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three(3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reasonable times, for the
purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XIV. Contract Made in Colorado. The parties agree that this Contract 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.
XV. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this Contract, the substantially prevailing party shall be entitled to its costs and
reasonable attorney's fees.
XVI. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et 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 this Contract 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.
XVII. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County's obligations under
this Contract are subject to Pitkin County's annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the Contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the Contract shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin
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Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
County to make any payments beyond those appropriated for Pitkin County's then
current fiscal year.No provisions of this Contract shall be construed to pledge or create
a lien on any class or source of Pitkin County's moneys,nor shall any provision of this
Contract restrict the future issuance of Pitkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.
XVIII. Notice. Any notice required or permitted under this Contract shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods 1)hand-delivery or 2)registered or certified mail,postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of
delivery on the part of the sender. Nothing contained herein shall be construed to
preclude personal service of any notice in the manner prescribed for personal service
of a summons or other legal process.
To Pitkin County: with copies to:
Caroline Bonynge Pitkin County Attorney's
1001 Owl Creek Road Office
Aspen, CO 81611 530 E. Main St., Suite#301
Email: caroline.bonynge@aspenairport.com Aspen, Colorado 81611
Email:
Attorney@pitkincounty.com
To Contractor:
Ancon Marine, dba: Ancon Services
22707 Wilmington Avenue
Carson, CA 90745
Phone: (720) 519-0595
Email: blakeh@anconservices.com
XIX. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and
C.R.S. §§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will
confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Contract, through
participation in the E-Verify Program established under Pub. L. 104-208 or the State
11
Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a Subcontractor that fails to certify to Contractor
that the Subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Contract. Contractor (i) shall not use E-Verify Program or
State program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed, (ii) shall notify the Subcontractor and the
contracting State agency within 3 days if Contractor has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice,
and(iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor
and Employment. If Contractor participates in the State program, Contractor shall
deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for
breach and, if so terminated, Contractor shall be liable for damages.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101,et seq.,
C.R.S.
Contractor,if a natural person 18 years of age or older,hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
12
Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
ANCON MARINE, DBA: ANCON SERVICES
Aug-31-2021
B1 ake Hardin Date
Presi dent
PITKIN COUNTY, COLORADO:
RECOMMENDED FOR APPROVAL:
( roLiu,t, 150wi1& t, Aug-30-2021
Caroline Bonynge Date
Director of Operations, Safety & ARFF
MANAGER APPROVAL:
P(u1(AS hattiGt. Aug-31-2021
Phylis Mattice
Assistant County Manager Date
ATTORNEY APPROVAL AS TO FORM:
l0l"" Ely Aug-31-2021
John Ely
Cty Atty Date
13
Contract#093.21 Revision:CDD 2021-08-16
Budget Line Item#:Frac Tank Lease:40451510.574000;Glycol Removal:40451510.542500
EXHIBIT A
14
bocc.con.093.21 - Exhibit A - Rental Agreement and Fee Schedules 068.20 Exhibit B
ANCON
Ancon Marine, dba: Ancon Services
RENTAL AGREEMENT
1. Lessor (Ancon Marine, dba: Ancon Services) agrees to rent and Lessee (Aspen/Pitkin County Airport) agrees to
take on rent from Lessor each tank("Unit")referred to in this Agreement on the terms and conditions set forth herein.
2.Lessee shall pay Rent for each Unit in the amount specified in this Agreement,or in any applicable Invoice or Work
Order,in accordance with the terms(NET 30 DAYS)thereof together with all additional charges(if any),which are
referred to in such Invoice and Work Order. If any such amount is not paid when due, Lessee shall pay to Lessor
interest on such amount at a rate equal to 1.5%per month or such lesser rate as shall be the highest rate permitted by
applicable law.Interest shall accrue from the due date until the past due Rent or other amount,together with interest,
is paid to Lessor. All payments hereunder shall be made (a) without deduction, set-off, counterclaim, recoupment,
defense,notice or demand whatsoever.
3. Each Unit will be delivered to Lessee at the location set forth in this Agreement. Lessee shall not be permitted to
relocate the Unit during the Term without Lessor's express written consent.At the option and cost of Lessee,Lessor
may(but shall not be obligated to)provide(a)delivery and return freight services,and/or(b)installation services,(c)
and/or cleaning services;all such services provided shall be at rates set by Lessor and shall be paid by Lessee pursuant
to this Agreement.Any such services shall be carried out during the Term of the relevant Units.Lessee agrees that all
Units shall be returned to the Lessor facility from which the Unit was originally mobilized with full freight being
borne by Lessee.
4. (A) LESSEE SHALL NOT USE ANY UNIT FOR THE STORAGE, SHIPMENT OR CARRIAGE OF
HAZARDOUS WASTE. LESSEE SHALL NOT PERMIT ANY UNIT TO BE USED FOR THE STORAGE,
SHIPMENT,OR CARRIAGE OF HAZARDOUS WASTE WITHOUT LESSOR'S PRIOR WRITTEN CONSENT.
UNITS USED FOR THE STORAGE OF HAZARDOUS WASTE WILL STAY ON RENT AND NOT BE PICKED
UP FROM THE SITE UNTIL THE LESSEE PROVIDES THE LESSOR WITH A WRITTEN LABORATORY
ANALYSIS STATING THE LEVELS OF HAZARDOUS WASTE RESIDUALS IN THE UNIT ARE OF NON-
DETECT STATUS USING AN ANALYTICAL METHOD WITH A DETECTION LIMIT SATISFACTORY TO
LESSOR IN ITS SOLE DISCRETION.
(B)Lessee shall,whenever requested advise Lessor of the exact location and condition of the Unit.At all reasonable
times and following reasonable notice to Lessee, Lessee hereby grants Lessor and its agents irrevocable right to access
and may enter any job, storage site,yard, or place where the Unit is located for purposes of inspection the condition
of the Unit and determining Lessee's compliance with this Agreement.
5. Lessee shall(1)be responsible for all repairs and maintenance appropriate to maintain the Unit in good efficient
working order,condition and repair(normal wear and tear from permitted uses hereunder excepted)and(2)maintain
and use the Unit in a careful and proper manner and in accordance with industry standards, manufacturers
specifications and recommendations and applicable laws. Lessee shall not allow any Unit to come into contact with
any substance that will cause the corrosion,dissolution,or disintegration of or other damage to or leakage from such
Unit.Lessee will pay the cost of any repair conducted by Lessor on behalf of Lessee at current retail prices.
6. (A) Lessee assumes and bears the risk of loss and damage to such Unit and all attachments, additions and
components thereof,to the degree that such damages or loss were caused by Lessee's negligence and whether or not
insured.No loss or damage to any Unit shall relieve Lessee from any of its obligations under this Agreement.Lessee
shall not be responsible for loss or damages caused by the sole negligence of Lessor, its agents or subcontractors.
5900 E 58th Avenue, Unit F W:720.519.0595
Commerce City,CO 80022 F:720.519.0465
www.anconservices.com
ANCON
(B)Upon the occurrence of an Event of Loss with respect to a Unit,Lessee shall notify Lessor promptly(in any
event within 48 hours after Lessee's knowledge of such occurrence)of the date such Event of Loss occurred and on
the Loss Notification Date,Lessee shall pay to Lessor(1)an amount determined by Lessor to be the full replacement
value of such Unit, (2)the rent due up to the Loss Notification Date and(3) all other amounts,which may be due to
Lessor hereunder with respect to such Unit.Upon full payment to Lessor of all such amounts,rent for such Unit shall
cease to accrue.
(C)If Lessor shall so elect,Lessee shall be solely responsible for the disposal of any Unit which has suffered an
Event of Loss provided always that Lessee shall not dispose of any such Unit unless and until it has paid the amounts
required pursuant to Section 6(B)in consequence of such Event of Loss.
7. (A)Lessee will at all times while this Agreement is in effect cause to be carried and maintained in full force and
effect(1)Commercial General Liability Insurance in a minimum amount of$ 5,000,000 per occurrence with respect
to loss or damage for personal injury,death,or property damage suffered upon,in or about any premises occupied by
its occurring as a result of the ownership,renting, sub-renting,maintenance or operations by it of any Unit. (2)"All
risk"property insurance for each Unit in an amount at least equal to the fair market value of such Unit and (3) "if
commercially available"sudden and accidental pollution coverage.
(B)All policies of insurance shall: (1)be issued with insurance carriers having a credit rating acceptable to Lessor
and in a form reasonably acceptable to Lessor. (2)Name Lessor as an additional insured or loss payee or both, as
appropriate. (3) Provide for at least 30 days prior written notice by the insurance carrier to Lessor in the event of
cancellation, expiration or material modification of the insurance and(4)be primary and without contribution from
any insurance affected by Lessor. The liability policy shall contain a cross-liability provision. Lessee shall upon
request,furnish Lessor with appropriate written evidence of the insurance.
8.Lessee shall not(a)directly or indirectly create,incur or suffer to exist any mortgage,pledge encumbrance,charge,
security interest or other claim(each a"Lien")on any Unit other than(1)the Lien constituted by this Agreement and
(2)any other Lien created by Lessor(together"renters Liens")or(3)alter to make any attachments to the Unit.
9. (A)At the expiration of the Term for any Unit,Lessee shall return such Unit to Lessor at a location designated by
Lessor with all costs associated with demobilization being borne by Lessee.Lessor/Lessor Designee shall fully inspect
the Unit and approve Unit for demobilization. Lessor/Lessor Designee shall have sole discretion to determine the
Unit's acceptable condition for return. At the time a Unit is delivered, Lessor and Lessee shall sign a receipt (an
"Equipment Receipt") setting forth the general condition of the Unit. At the time of return for each Unit, such Unit
shall be(1)in the same condition as such Unit was in at the time it was delivered to Lessee hereunder (normal wear
from permitted uses hereunder excepted)and fully serviceable and in good and efficient operating condition(2)free
from all placards, markings, and insignias placed on such Unit during the Term thereof and (3) cleaned of all
commodities, accumulations and deposits caused by commodities so that there is no measurable amount of such
commodities, accumulations, and/or deposits remaining in such Unit (hereinafter referred to as " Cleaned of
Commodities"). Should Units not be in an acceptable condition for return,Lessor/Lessor Designee shall,at their sole
discretion,direct Units to an approved cleaning facility with all associated costs of transportation,labor,cleaning and
any disposal of materials being fully borne by Lessee.
(B)Lessor shall have the right to have any Unit tested by a reputable independent testing laboratory for the presence
of Hazardous Waste and/or other environmental contaminants. Such testing will be at Lessor's expense unless the test
reveals the presence of Hazardous Waste or other environmental contaminants, in which case it shall be at Lessee's
expense.In the event that Lessee fails to return the Unit Cleaned of Commodities,Lessee hereby appoints the Lessor
with full power of substitution as the true and lawful attorney-in-fact of the Lessee in its name,place,and stead,for the
limited purpose of performing materials and waste characterizations, and signing documents and manifests,using the
Lessee's U.S.Environmental Protection Agency identification number,or analogous number issued by a State agency,
in the form required by law for offsite,interstate shipments from any site and subsequent disposal. Lessee shall indemnify
and hold harmless the Lessor and the individual employees by the Lessor authorized under this Agreement to perform
these tasks in the name of the Lessee,from and against any and all costs, liability,and expense which may be asserted
" � ANCON
against the Lessor including but not limited to such on the basis of the Lessor being alleged to be the generator of
such materials to the extent allowable under current law(s)and/or statute(s).
(C)At the end of the relevant Term,Lessor shall sign an Equipment Receipt for a Unit if(1)such Unit is delivered
in the condition required under the terms of this Agreement and(2) all repairs are complete and paid for in full. At
Lessor's election, Lessor may either(a) effect or procure the required and agreed upon cleaning or (b) require that
Lessee remove such Unit,make the repairs and then return the Unit for another inspection all costs associated shall be
borne by Lessee.
10. LESSOR IS RENTING THE UNIT TO LESSEE "AS IS"AND "WHERE IS"AND HAS NOT AND SHALL
NOT BE DEEMED TO HAVE MADE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OR
REPRESENTATION (EXPRESS OR IMPLIED) AS TO (1) THE FITNESS OF THE UNIT FOR ANY
PARTICULAR PURPOSE, (2) THE ABSENCE OF ANY BASIS FOR PATENT OR COPYRIGHT
INFRINGEMENT WITH RESPECT TO THE UNIT OR(3)THE QUALITY,DESIGN,CONDITION,CAPACITY,
SUITABILITY, MERCHANTABILITY, OR PERFORMANCE OF THE UNIT OR OF THE MATERIAL OF
WORKMANSHIP THEREOF, IT BEING AGREED THAT THE UNIT IS RENTED "AS IS" AND ALL SUCH
RISKS BETWEEN LESSOR AND LESSEE ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND
EXPENSE. LESSEE HEREBY WAIVES ALL OF THE RIGHTS AND REMEDIES CONTAINED IN UNIFORM
COMMERCIAL CODES §2A-508 TO 522. LESSOR GUARANTEES TO DELIVER UNIT FREE FROM
DEFECTS AND WILL ONLY BE RESPONSIBLE TO EITHER REPAIR OR REPLACE DEFECTIVE UNIT AT
LESSOR'S EXPENSE.
11. (A) Lessee shall hold harmless and indemnify regardless of liability, to the extent allowable under current
law(s) and/or statute(s), Lessor, its successors, assigns, parents,subsidiaries and affiliates, and their respective
representatives, directors, officers, employees and agents from and against any and all losses,fees,costs,expenses,
claims,liabilities,damages,penalties,and fines relating to or arising out of or in connection with(1)Lessee's failure
to comply with any requirement in this Agreement(2)the occurrence of any event referred in Section 12 (3) the
use, possession, renting, leasing, subleasing, operation, transportation,maintenance, condition repair,replacement,
return and/or storage of any Unit(collectively"use") during any Term relevant thereto,(4)any environmental
statutory or regulatory compliance requirements applicable to any Unit(or any use thereof) and required under any
and all foreign or domestic federal and state or local laws,treaties, ordinances,regulations,codes rules,orders,
guidelines,policies,or requirements of any environmental authorities which regulate or impose standards of liability
or conduct concerning air, water, soils, wetlands, and watercourses, solid waste,hazardous waste and/or
materials, worker and community right-to-know noise, resource protection band similar environmental, health,
safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall
survive the Term of this Agreement.
(B)Lessee shall pay,cause to be paid or reimburse Lessor for all taxes and fees levied or assessed against Lessor,
Lessee or the Unit in connection with this Agreement or the amounts due hereunder or arising out of the Use of any
Unit hereunder;provided,however that Lessee shall not be responsible for(1)any tax on Lessor's net income or(2)
taxes and fees for any Unit not rented to Lessee hereunder.
12.The occurrence of any of the following events shall be an"Event of Default":(a)Lessee fails to pay any rent when
due and such failure continues for a period of five (5) days after written notice thereof to Lessee by Lessor, or(b)
Lessee fails to maintain the insurance required by Section 7; or(c)Lessee fails to comply with any provision in this
Agreement governing use of the Unit; or (d) Lessee shall fail to perform or observe any covenant, condition, or
agreement to be performed or observed by it hereunder and such failure continues uncured for five (5) days after
written notice thereof to Lessee by Lessor; or(e)the filing by or against Lessee(1) for any relief which includes, or
might result in,any modification of the obligations of Lessee hereunder or(2)under any bankruptcy,reorganization,
receivership,insolvency,moratorium or other laws relating to the relief of debtors,the readjustment of indebtedness,
financial reorganization,arrangement with creditors,composition of or extensions of indebtedness(provided always
that in the case of any such filling; or(f) the (1) insolvency of Lessee or(2) subjection of any material portion of
Lessee's property to any levy, seizure, assignment, application, sale for or by any creditor or governmental agency
the effect of which would be to impair Lessee's ability to perform its obligations hereunder, or (g) obligations of
ANCON
Lessee in the aggregate in excess of $ 250,000 for payments of obligations to third party creditors have been
accelerated prior to their original stated maturity,or(h)an event of default(as defined in any other agreement between
Lessee and Lessor or any of their respective affiliates)has occurred under such other agreement.
13. (A)Upon the occurrence of an Event of Default,Lessor at its option and in addition to its remedies at law,may
do any one or more of the following(1)terminate this Agreement and recover damages pursuant to the terms hereof
and under applicable law,(2)proceed by any lawful means to enforce performance by Lessee of any and all Lessee's
covenants under this Agreement and recover damages for the breach thereof and/or (3) by a written notice of
termination"Termination Notice"to Lessee terminate Lessee's right to possession and use of the Unit and thereafter
the rental of such Unit shall terminate and Lessee shall deliver possession of such Unit to Lessor in the condition
required by Sections 9 and 10 and at a location specified by Lessor. Any/all associated costs related to transportation,
labor,cleaning,repairs,disposal shall be borne by Lessee.
(B)If Lessee fails to return the Unit on the date specified in any Termination Notice,Lessor shall have the right
to enter into any premises where such Unit is located and retake possession of such Unit. Lessee shall hold Lessor
harmless from any liability for any damage caused during any such removal. Lessor shall exercise reasonable care
when reclaiming any Unit.
(C)Without further demand,Lessee shall pay to Lessor within five(5)days of the date of any Termination Notice
and in respect of each Unit recovered by such Termination Notice,an amount equal to the sum of any unpaid rent of
such for all periods up to and including the date such Unit is returned to Lessor.
(D) Each and every power and remedy given to Lessor hereunder shall be in addition to every other power and
remedy existing at law or in equity. All such powers and such shall be cumulative and exercise of one shall not be
deemed a waiver of the right to exercise any others.
14. This Agreement shall not be assignable by Lessee. Furthermore,Lessee will not at any time sub-rent or sublease
or otherwise transfer possession of any Unit to any person or business other than Lessor.
15.All notices relating hereto shall be deemed given when sent by telecopy or email with reasonable confirmation of
receipt, or sent by certified and regular mail to Lessor or Lessee at its respective address set forth below or at such
other address as may from time to time be designated in writing by the party to which notice is to be given.
16. Lessee agrees to grant Lessor, and any person acting on behalf of Lessor,the right to use Lessee's photography
for any of Lessor's company business or for marketing purposes. Lessee understands that Lessee's purposes may
include, but are not limited to, use in marketing collateral, digital content (websites, email campaigns), publicity,
advertising and any internal or external company communications. Lessee further understands the photography will
become the property of Lessor and that Lessee will not be compensated for provided permission to photograph.Lessee
hereby irrevocably authorizes Lessor, or any person acting on its behalf, to edit, alter, copy, exhibit, publish or
distribute any photograph for the purposes described above. In addition, Lessee consents to such use or disclosure
without Lessee's prior inspection or approval of the finished product, including written or electronic copy,wherein
such photography may appear. Lessee understands that Lessor is not responsible for any use or disclosure of any
photography not authorized by Lessor.Lessee holds Lessor harmless from any loss,damage or injury resulting from
any such unauthorized use or disclosure.
17. (A)This Agreement shall be governed by and construed in accordance with the laws of the State of California.If
any part hereof is contrary to,prohibited by or deemed invalid under applicable laws or regulations of any jurisdiction,
such provision shall be inapplicable and deemed omitted but shall not invalidate the remaining provisions hereof. (1)
Lessee shall execute and deliver to Lessor upon Lessor's request such instruments and assurances as Lessor deems
necessary or advisable for the confirmation or perfection of this Agreement and the Lessor's rights hereunder. In
addition,Lessee agrees to provide Lessor with all information necessary for Lessor to prepare and file all required tax
returns and reports concerning the Unit with all appropriate governmental agencies.(2)Lessor's failure at any time to
require strict performance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right there
ANCON
after to demand strict compliance therewith or with any other provision. Waiver of any default shall not waive any
other default. (3) This Agreement represents the entire agreement of the parties with respect to the Unit and maybe
executed in any number of counterparts and such counterparts together shall constitute one contract.The terms of this
Agreement shall not be waived, modified, altered or amended except in writing signed by the parties hereto. The
liabilities and obligations of Lessee arising under this Agreement shall survive the return of any Unit and/or
termination of this Agreement for any reasons,Lessee shall have no right or option to buy any Unit.Furthermore,rent
payments hereunder are for the use of the Unit and Lessee will not acquire any interest or equity in any Unit as a result
of making any such payment(s). Each Unit shall remain personal property of Lessor and shall not be considered a
fixture to any real property where such Unit is located at any time.
18. In this Agreement,the following terms shall have the respective meanings given to them(a)"Hazardous Waste"
means any and all hazardous waste,materials and substance including without limitation,Polychlorinated Biphenyl,
contaminants (PCBs, Pentachlorophenols and naturally occurring radioactive materials "NORM") Additionally,
"Hazardous Waste"means any radioactive, corrosive, toxic, explosive, or biological waste and materials or other
substance, whether solid, liquid, gas as defined in the Resource Conservation and Recovery Act (as amended from
time to time)and any successor legislation thereto or regulations promulgated pursuant thereto. (b)"Event of Loss"
means with respect to any Unit,regardless of liability,the loss,theft of, or destruction of such Unit. The requisition
or other taking of title to such Unit by a governmental authority or Lessor's commodities or the spills of the Unit
contents.(c)"Loss Notification Date"means in relation to an Event of Loss,the date on which Lessee notifies Lessor
of such Event of Loss, or the date on which Lessor notifies Lessee of such Event of Loss. (d)"Return Date"means
with respect to the renting of any Unit to Lessee, any date notified by Lessor to Lessee in an applicable invoice as
being the day upon which Lessee is required to return such Unit to Lessor or otherwise any day on which Lessee is
entitled to and returns such Unit to Lessor in compliance with requirements of this Agreement. (e) "Terms"means
with respect to the renting of any Unit by Lessee hereunder the period commencing with the delivery of such Unit and
continuing until the return date for such Unit.
19. As a federal contractor,Lessor's contracts are subject to the provisions of(i) Executive Order 11246, (41 CFR
60-1.4);(ii)section 503 of the Rehabilitation Act of 1973,(41 CFR 60-741.5(a);and(iii)section 4212 of the Vietnam
Era Veterans Readjustment Act of 1974,(41 CFR 60-300.5(a).Lessor shall abide by the requirements of 41 CFR
60-741.5(a)and 41 CFR 60-300.5(a).These regulations prohibit discrimination against qualified individuals on
the basis of disability, and qualified protected veterans, and require affirmative action by covered prime
contractors and subcontractors to employ and advance in employment qualified individuals with disabilities,
and qualified protected veterans.
20.The terms of this Agreement shall apply to each and every Unit rented by Lessee from Lessor without the necessity
of executing a new rental agreement. Every Unit rented by Lessee shall be subject to the terms of the Agreement,and
all amendments or modifications.
Lessee has read, understands, and agrees to the five (5)page Rental Agreement on all orders placed with Lessor
(Ancon Marine, dba:Ancon Services.)
c ANCON
August 10, 2021
Ms. Caroline Bonynge
Aspen Pitkin County Airport
233 West Airport Road
Aspen, CO 81611
Re: Equipment rental.
Dear Ms. Bonynge,
Ancon Services is pleased to submit this proposal for hazardous and/or non-hazardous waste
transportation, disposal, equipment and supply services for your review and approval. Ancon
Services will provide requested environmental services including one or more of the following:
consulting services, supplies, chemical relocations, chemical packaging, biological waste
packaging, radioactive waste packaging, equipment rental and sales, transportation and
disposal of packaged and bulk waste. Estimated cost for services appears below. Modifications
to the pricing estimate, or additions to the scope of work which require pricing changes, will be
included, as needed, in the form of a revised quotation.
Description Coding Quantity Unit Pricing
21,000 Gallon Closed Top Frac Tank AT1001 1 $1,335.00/month
12'x 50'x 1' Polyethylene Berm AT3004 1 $955.00/month
Tsurumi Model 8-BERS2 submersible pump APCP 1 $1,178.00/month
Transportation
Frac Tank and Polyethylene Berm delivery and $120.00/hour, portal to portal, per truck
installation
Frac Tank and Polyethylene Berm pickup and $120.00/hour, portal to portal, per truck
removal
5900 E 58th Avenue, Unit F W:720.519.0595
Commerce City,CO 80022 F:720.519.0465
www.anconservices.com
rc.4)f ANCON
Ancillary Items
Per diem (if needed) $150.00/per overnight stay
The rental period begins the day the equipment is delivered and continues for a period, no less
than six months, and will be invoiced monthly for services rendered. If customer selects the
pump equipment option, they will be responsible for adding an air-inlet pipe, electrical
disconnect switch/circuit breaker and appropriate electrical connections for powering pump
equipment. Customer is responsible for equipment, repairs, maintenance and damages,
excluding normal wear and tear while equipment is on their premises. The customer assumes
all risks of loss due to operation and use of the equipment. Ancon Services recommends that a
pump and/or heating device be used to reduce the freezing potential of the water and spent
glycol solution in the frac tank. Customer is responsible for flushing and cleaning frac tank prior
to equipment return, if necessary, or they may be invoiced for a tank cleaning. The customer
cannot alter equipment without Ancon Service's prior written approval. If delivery or pickup is
required on a Holiday, transportation rates will be $137.50/per hour, portal to portal.
Ancon Services appreciates your confidence in our abilities. Should you have any questions or if
we can be of further service, please do not hesitate to contact us.
Thank you for your time and consideration!
Sincerely,
Dusty Lea
Rusty Lea
Sales Manager
(720) 505-1771
RustyL@anconservices.com
c ANCON
c ANCON
August 10, 2021
Ms. Caroline Bonynge
Aspen Pitkin County Airport
233 West Airport Road
Aspen, CO 81611
Re: Transportation & disposal of spent deicing fluid from the above location.
Dear Ms. Bonynge,
Ancon Services is pleased to submit this proposal for vacuum truck transportation and disposal
services for your review and approval. Ancon Services will provide requested environmental
services including one or more of the following: consulting services, chemical relocations,
chemical packaging, biological waste packaging, radioactive waste management, transportation
and disposal of packaged, drum and bulk waste. An estimated cost for services appears below.
Modifications to the pricing estimate, or additions to the scope of work which require pricing
changes, will be included, as needed, in the form of a revised quotation.
Waste Description Unit Pricing
Disposal: spent deicing fluid $0.60/gallon
Transportation
Vacuum truck $120.00/hour portal to portal, plus fuel surcharge
Fuel surcharge Based upon the average diesel fuel rates for the Rocky Mountain
(see attached chart) Region (PADD4),website: Gasoline and Diesel Fuel Update - U.S.
Energy Information Administration (EIA)
Ancillary Items
Per diem (if needed) $150.00/per overnight stay
5900 E 58th Avenue, Unit F W:720.519.0595
Commerce City,CO 80022 F:720.519.0465
www.anconservices.com
c ANCON
Disposal prices are estimates based of profile/waste program acceptance and the specified
waste disposal programs. In the event a waste material is not accepted to the disposal site
waste program specified, another profile will be submitted to a different program.
Ancon Services appreciates your confidence in our abilities. Should you have any questions or if
we can be of further service, please do not hesitate to contact us.
Thank you for your time and consideration!
Sincerely,
Rusty Lea
Rusty Lea
Sales Manager
(720) 505-1771
RustyL@anconservices.com
EFFECTIVE 8/1/21
DOE AVERAGE FUEL APPLIED FUEL CHARGE
$2.348 6.35%
$2.398 6.50%
$2.448 6.65%
$2.498 6.80%
$2.548 6.95%
$2.598 7.10%
$2.648 7.25%
$2.698 7.40%
$2.748 7.55%
$2.798 7.70%
$2.848 7.85%
$2.989 8.00%
$2.948 8.15%
$2.998 8.30%
$3.048 8.45%
$3.098 8.60%
$3.148 8.75%
$3.198 8.90%
$3.248 9.05%
$3.298 9.20%
$3.348 9.35%
$3.398 9.50%
$3.448 9.65%
$3.498 9.80%
$3.548 9.95%
$3.598 10.10%
$3.648 10.25%
$3.698 10.40%
$3.748 10.55%
$3.798 10.70%
$3.848 10.85%
$3.898 11.00%
$3.948 11.15%
$3.998 11.30%
$4.048 11.45%
$4.098 11.60%
$4.148 11.75%
$4.198 11.90%
$4.248 12.05%
$4.298 12.20%
$4.348 12.35%
$4.398 12.50%
$4.448 12.65%
$4.498 12.80%
DocuSign
Certificate Of Completion
Envelope Id: B1A33207D6C1499189BDDAF5B2ED2CE2 Status:Completed
Subject:Ancon I Pitkin County Contract 093.21 for Review and Signature
Source Envelope:
Document Pages:28 Signatures:7 Envelope Originator:
Certificate Pages:6 Initials:0 Pitkin County Procurement
AutoNav: Enabled 530 East Main Street
Envelopeld Stamping: Disabled Suite 203
Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611
Procurement@PitkinCounty.com
IP Address: 107.77.199.116
Record Tracking
Status:Original Holder:Pitkin County Procurement Location: DocuSign
8/30/2021 10:39:52 AM Procurement@PitkinCounty.com
Signer Events Signature Timestamp
Caroline Bonynge Sent:8/30/2021 10:45:06 AM
caroline.bonynge@aspenairport.com C. rdititt, betAtuy, Viewed:8/30/2021 11:02:31 AM
Director of Operations,Safety&ARFF Signed:8/30/2021 11:03:03 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:76.120.9.36
Electronic Record and Signature Disclosure:
Accepted:8/30/2021 7:24:28 PM
ID:2d1184c8-9f48-4827-8018-f6f74d16ec15
Company Name:Pitkin County,Colorado
Rich Englehart ,' I I` Sent:8/30/2021 11:03:05 AM
Rich.Englehart@PitkinCounty.com K ftAlt.'u"' Viewed:8/30/2021 11:50:23 AM
Deputy County Manager Signed:8/30/2021 11:50:55 AM
Pitkin County
Security Level: Email,Account Authentication
Signature Adoption: Pre-selected Style
(None) Using IP Address:65.38.144.66
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Blake Hardin Sent:8/30/2021 11:03:05 AM
blakeh@anconservices.com t- Lkar�tA, Viewed:8/31/2021 7:50:15 AM
President Signed:8/31/2021 7:50:23 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:47.147.147.171
Electronic Record and Signature Disclosure:
Accepted:8/31/2021 7:50:15 AM
ID:7f48242d-b795-4c4d-a9bd-9f627a955cfe
Company Name:Pitkin County,Colorado
John Ely Sent:8/31/2021 7:50:25 AM
john.ely@pitkincounty.com 0 " Ely Viewed:8/31/2021 8:23:25 AM
Cty Atty Signed:8/31/2021 8:23:38 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:73.229.128.106
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted:8/31/2021 11:24:09 AM
ID:c24528e8-9b90-48d9-9f98-ef057a055ff5
Company Name:Pitkin County,Colorado
Phylis Mattice Sent:8/31/2021 8:23:40 AM
phylis.mattice@pitkincounty.com PLIUS hztRiit, Viewed:8/31/2021 8:25:38 AM
Assistant County Manager Signed:8/31/2021 4:10:30 PM
Signing Group:County Manager Group
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address:24.9.202.118
Electronic Record and Signature Disclosure:
Accepted:8/31/2021 4:09:16 PM
ID:a07f43f2-7165-4b60-b05e-3a3e6e81f4db
Company Name:Pitkin County,Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement COPIED Sent:8/31/2021 4:10:32 PM
procurement@pitkincounty.com Resent:8/31/2021 4:10:36 PM
Procurement Viewed:8/31/2021 4:51:37 PM
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable COPIED Sent:8/31/2021 4:10:32 PM
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rusty Lea COPIED Sent:8/31/2021 4:10:33 PM
rustyl@anconservices.com Viewed:8/31/2021 4:15:38 PM
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:9/18/2020 1:48:48 PM
ID:597adf05-c2af-4d30-a60f-a09e07c76798
Company Name:Pitkin County,Colorado
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/30/2021 10:45:06 AM
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 8/31/2021 8:25:38 AM
Signing Complete Security Checked 8/31/2021 4:10:30 PM
Completed Security Checked 8/31/2021 4:10:33 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM
Parties agreed to:Caroline Bonynge,Blake Hardin,John Ely,Phylis Mattice,Rusty Lea
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you,please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above,please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
• I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree'button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions,please
confirm your agreement by clicking the 'I agree'button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.