HomeMy WebLinkAboutbocc.con.090.2005 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: ¢o ~u~-~t'l~eue~..~e~q {'~o/.~H/~ ~)
Contact Person: ~oS~ ~ ~1~ Phone ~: ~0 -~O ~ ·
Project N~e ~u~d~ev ~o~ee~ Contract ~: O~O - &Oo~
BOCC AGENDA ITEM ~ STAFF AUTHORIZED SIGNATU~
(BOCC signature required) (per Revised Proc~ement Code 7/2005)
Check procurement type:
None ~' Informal Formal
__Sole Source Emergency State Bid
Check Contract Type:
Dollar Amount: $ qt qq~
~ Services/Maintenance
License/Use
Lease
Construction
__Goods, Equipment, Supplies
Grant Agreements (Requires BOCC Action)
__ Change Order/Contract Amendment
Other
Ledger Number ~.~sxn'~18~/ ~X.OOS ,S~I~A~.'t,~I
Employment (for county employees)
Intergovernmental Agreement (Requires BOCC Action)
Non Profit
__.Quasi-Public
Contractor/Business (Complete Name): e.,S [MS1&,
Contract Execution Date: ~'/,t&/Off
' Contend O~te: I~1~~
Autommic Renewal (Y~): M Te~ of Con~act
All Contracts should be proofed for the following:
· No Pages Missing ·
· If a Page is Left Intentionally ·
Blank - Note on Page ·
· Page numbered consecutively ·
· All Signatures Affixed
· All Dates Filled In
All Other Blanks Filled In
All Exhibits Attached
All Legal Descriptions Attached (if appropriate)
Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Authorized Staff Person
Date:
Signature of authorized staff person indicates 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.
AUG-BG-2005 08:$G F'POM:D,~ KENNETH KOLM 303~7'~0S47
CONTRACT # 0 fO'- 200,5'
AGREEMENT FOR PROVISION OF PROFESSIONAL sERvICES
THIS AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES (the 'Agreement") is
made and entered by and between the PI/kin County, Soald of County Commissionem ( the "County"
or "Pitkin County"} and Hydrologic Systems Analysis, LLC, 120 Burgess ,ave. Golden, CO 80401
(hereinafter "Contractor"),
1. Purpose. The purpose of this Agreement Is to c~ale a series of Gt$ and hard copy
maps for use as dec~s~onlland use manaDemenl toots by Pitkin County.
2. ~erm The term of this Agreement is from Seplember 1, 2'005 ta December 31, 2005.
At Ihs expiration of the initial term. the Agreement m;~y be ex'tended for an additional term ef up lo 90
days by the express wfltten consent of bath parties.
3, ~nlracto~'s Obli..q.a_ti_o_n_s.. Contractor shall ps,form those sewice$ and deliver the work
product described in the attached Statement o! Work, which ts incorporated by this mferenoe (Exhibit
^).
4. .C~q~.eJ~aJjS_n. Involcincl arid Payment The Coun~ shall pay the Contractor a frm~ faed
price r~ $9,999 for pedomlanco of the sauces and deliver/ of the we& product described hereunder.
Conlrador shall submit [nye]cos to the County in accon:tance with, and upon full set,faction of the
Milestones specified in the attached Statement of Wor~ Payment of invoices submitted by Conlractor
hereunder is contingent upon completion oF each task io the satisfaction of the County. Invoices ,:trail
describe the specific work done to complete the task. Within 30 days of ren,~ipt of ~n invoice and approval
thereof as required hereunder, payment shall be made by the C0utAy.
5, Countv*s_..F~CJl~y.e._O,j,~j_eLs~.~p a~' Work P_EoSlu_..~. All wa~ pmdu~d p~uant to
Agm~m is the pmp~ at PItkin C~n~. ~e ~n~or ~bs the ~ht, w~h ap~val of
puM~h the msu~ of this ~ In ~hnl~l Joum~l~ and ~ pm~nt ~ m~u~ of this ~ at pm~e~lonat
m~tings,
6. Pltkin Counly's Obrmations. Pitkin County shall administer this Agreement through a
County Repmsenlative: Rose Ann Sullivan, Environmental Resources Manager, The sew[sas provided
and work product delivered by the Contractor under this Agreement will be subjeC[ to review by the
County's Representative, Cindy Houben, Community Development Director, end mpresentaIIves of the
County's SIS Departmenl, for compliance herew~.
The review comments o! the County may be reported In writing, as needed, to the Contractor. To
prevent an unreasonable delay In the Contractors work, the County will endeavor la e~amtne all
detlverable work product and other documents and will accept same and authorize payment, or will
specify necessary changes, within 5 working days of receipt of such work product/documents.
As specified in the Statement of Work, PI[kin County will furnish GIS layers, as required, to support io
the project. The County will receive, in turn, results end a database that are compatible with its
currently maintained SIS database.
7. _CanceJJation. Pitkin County msewes the right to cancel this Agreement for
unsatisfactory performance of Contractor's obligations, Aaa determined by Pitkin Couoty in its sole
discretion, upon written notice to Contractor as provided In Paragraph 11 herein.
08:57 FI~(~M:DR k"ENNi~TH KDLM ~03~'770~4T
tgvo~o_N_O_,3424 P, 4
TO: ~80056969T;sPP~98~034 p:2~6
s, !~ ee~p ~ C o. p2 C__o~trc~._sJatua.
a. Tho parties to this Agreement intend that the relationship between them
contemplated by thio Agreement is Ihat of an independent contraclor. Conlractor. and any agent,
employee, aubcontracior, or oervant of Contractor shall not be deemed to be an employee, agent,
contractor, or servant of Pith:in County.
b. Contra~or I~ not required to offer services exclusively to Pitkin County under
this Agreement. Contractor may choose tO work tot' other individuals or entities dmlng the term of Ibis
Agreement, provided that the i~aslc services and deliverable work p~oduct required udder this
Agreement are submitted In the manner and on Ihs schedule define~l under this AgreemeP~t,
c. Contractor wan'ants that all work produced will contain lo all applicable industp/
slandards of care, okill and Oillgance in the performance of Contraclor's obligations under
Agreement.
d, Corltractor shall not allemp! I0 oversee or supe~ise the work or actions of any
Pitkin Counly employee, aeraant or agent in the course of completing work under this Agreement.
e. Contractor is not entilled to any Workem' Compensation benefits through Pitldn
Counly arid to responsible for payment et any federal, state, FICA and other income taxes.
9. A_.s_sjgO at~lllll¥, Tills Agreement is not as$ig~alolo by either party.
10. _Not. top_.. Any written notice required by this Agreement shall be deemed deiNered on
Ihs happening of any of the following: (1) hand delivery lo the @omen et Ihs address below; (2)
delivery by facsimile with COnfirmation of ~'eceipt to the t'ax number below; or (3) within fftree (3) days
Of bain§ oent oerlified first class mail, posla§e prepaid, return receipt requested addressed aa follows:
To Pitkin County:
Aria: RoseAte Sulllvas
Erlviranme~tel Health & Nalura] Re~ur~a Dell
04OS C~tte Caen Rd., Suite 10
Aspen. CO 81611
tax: (970) 020-5077
copy to:
Pitkio Counly Anom~'80~C8
530 E, Main 8tmel, ~302
Aspen, Colmade 81811
Fax: (970) 920-6198
To Contv-dclor:
At(n: Dr. Kenneth KOIm
128 81Jcgsss Ave.
Golden, CO 80401
Fax: (3D3)
2
PlUG-~-~005 ~l~l:S? FRO~hDR K~NN~TN KOL. M 303~770~17
TO:~IB~559697~PP49050Z~ P; 3"6
I'L ~. lion and I~diflcatlon. TheAgre~mentconsbtutesthefulJendcompleleagmemen!
of the parties and supemedes or Iricerporales any prior wrillen and oral agraemanlS of the parties. Any
changes lo thls.J~lmemertt mu~t be made in a writing axec~ted by beth parties.
12. lnde_m.0~C
a, The Contractor (including, by dc=~nitinn hem en~l hereinafter, j~ o~ciols, employees,
agents and reprasentatlves, subcontmcfers and suppliers), shall and hereby dose release, discharge.
indemnify and hold hamlJe~.~ the Cm. Jnty and ~ officialS, employees, agenfa and representatiVES from and
against Ilabi~ly ~r any cl~Jim, demand, loss, damages, penury, judgment, expends, c~sls (including costs
of investigation and defense), fees (includillg reasonable ettO~ey and exper W~tness fees) or comPensa.
tiaa in any ~orm or kind M1AISoever for any bodily injury, death, pemonal injury or propel'b/damage adsing
out of or in eonneclion with any negligent act, Inlenlional act, error or omlss~n by the Centmctor, and for
any cehsequenflal IJabilily 8[toged to acc. me agaifls! the County on account of the ContrectoCs acts. alters
or omis~iono; provided, however, Ihs! such indemnity shatJ asr be cenglrued as an indenlnJ[y for bodily
injury or ~roperty damage udeing from the sole eegtigence of the County or ifa emptoyees.
b. The Conflaclor further shall iflvestlgate, process, respond to. adios1, provide defense for
and defend, pay or sellle aH claims, demands, or law~utts relefed hereto al its sole expen~e and shall boar
all other coals and expenses misled thereto, even it the claim, demand or lawsuit is groundless, false or
fraudulent.
13. Th_j~_Padies.
This Agreement does not end shall not foe deemed or cens~nJed to confer upon or 9rant to any
Ihlrfl pa~/ or parties, except to parties to whom Conlractor er County may assign this Agreement in
acco~atice with the speGElc wr~llen Pelilllssion. any rights lo Claim dem.'ages or to bring any su~L action or
other proceeding againal eilher the Courtly or Centsictor because of any bleach hereof or hecauae or any'
et the teals, covenants, agreemenls er conditions herein1 contahed.
14. ~:lmemenl Ma_d~ejn Colorado.
Tile pastes agree that this Agreement was ma~e In ac~ldance with'the laws of Ihe State of
Colorado and shell be so COns~md. Venue is agreed lo be exclusWeiy in the coud8 of Piikin County,
Colorado.
In the evenl Ihat legal action is necessaqP fo enfeme arly of Ule provisions of Ihls Agreement, the
pays|lin9 party shall bi) el~t~tled to ils coStS and reaSOnable altomey's fees,
3
Ru~ 2S OS 08:20a Pitkin Co Enu. Health (970)920-S077 p.5
RUG-26-~05 00:513 FROM:DR KENNETH KOLM 3032??0547 TO: 180~569697PPP498S034 P:4/6
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed as of
the latest date wdtten below.
HYDR~/.~,0~IC SYSTEMS ANALYSIS, LLC:
Kenneth
Title Y~"
Date: /~7~ vA ~ ~-
Federal EIN# 84-1591962
,2005
PITKIN COUNTY:
Rug 2S 05 08:20a Pitkin Co Env. Health (970)920-S077 p.S
AUG-P6-2~5 08:58 FROM:DR KENNETH KOLM ~0]]~?70547 TO: 18~05696972PP4985034 P:5/6
EXHIBIT A
STATEMENT OF WORK
Qvervle~,: Hydrologic Systems Analysis. LLC ("HSA").will create a series of GIS (and hard
copy) maps for use as decLsion/land use management tools by Pitkin County. These maps
will identify locations in designated areas of Pitkin County:
A. Where groundwater resources are: (ii available in reasonable, sustainable quantities, at
reasonable depths, (ii) available in reasonable quantities, at reasonable depths, but
vulnerable/not sustainable (e.g., because of alffieial recharge, such as leaking ditches or
irrigation), and (iii) not available in reasonable quantities, at reasonable depths.
B. Where groundwater resources are vulnerable (using a rating of High-Medium-Low) to
contamination (e.g., because of the absence of a confining layer, shallow water table and a
substrata consisting of unconsolidated gravels; alluvium, etc.).
C. Where the groundwater table is likely to fluctuate significantly (e.g., due to spring runoff or
upland flood irrigation), resulting in a high water table at different times of the year.
The maps will specifically be used by the County to make decisions with respect to: (ii what
constitutes an adequate quantity of water to sustain development on a parcel of land, (ii)
required setbacks of development from watercourses, (iii) required setbacks of wells from
onslte wastawater treatment systems, and (iv) the requisite design of an onsite wastewater
treatment facility ena parcel of land.
It is specifically acknowledged and agreed that these maps will not obviate the need for
additional hydrogeologic analysis on a site-specific/parcel-specific basis by developers and/or
the County. These maps are intended to be used as indicator maps only, and as part of a
multi-step land use decision-making process.
The maps will be created from previously published, or othenvise available public information,
as well as the results of the studies previously conducted for Pitkin County by HSA
(specifically, (1) State of Ground and Surface Water in the Central Roadng Fork Valley, PlTkin
County, Colorado - A Hierarchical Approach Using GI$ and 3-Dimensienal Hydrogeologic
Modeling, June 1, 2004, (2) Understanding Mountain Wetland Hydrology; Technical Guidance
for Investigating the Hydrologic Function of Wetlands in Complex Terrain, July 2000, and (3)
Preliminaq/ Hydrologic and Biologic Characterization of the Norlh Star Nature Preserve, Pitkin
County, Colorado, May 2000). The maps shall cover all areas of the County included in the
foregoing three studies. The maps (and underlying databases) shall be produced using
ARCGIS/ARCMAP and delivered in electronic format in accordance with specifications
provided by Pitkin County's GIS Department. The maps (and databases), as produced, shall
be fully compatible with the County's GIS system. The maps produced by HSA shall have a
"continuous coverage" format with respect to each of the three classifications indicated in
Paragraphs A, B and C above. The County will then be able to overlay the County's
parcel maps on the HSA maps to get an indication of site conditions in those areas of the
Ru~ 2G OS 08:20a Pitkin Co Env. Health (970)920-5077 p.?
F~U~-26-~005 08:58 FROM:DR KENNETH KOLM ~038770547 TO:lB00569697~PP4985034 P:6'G
County covered by the three studies enumerated above. HSA shall also produco and deliver
two complete sets of maps and accompanying explanatory narrative in hard copy.
The County will make available to HSA (at no charge to HSA) current County GIS layers
(including, roads, watersheds, parcels, County/city boundaries, and topography (2' or 10')) for
HSA's use in creation of the maps described above.
Kenneth E. Kolm (Hydrologic Systems Analysis, LLC) will be the primary researcher on this
project, which will be performed with the subcontracted assistance of Paul K,M. van der
Halide. In addition lo creation of the deliverables described above and below, Kenneth Kolm
and Paul KM. van der Heijde will be available from time to time to address questions from
County staff and other third parties related to the project. Upon request, Kenneth Kolm and/or
Paul K.M. van der Heijde will also present the results of the project to the Board of Pitkin
County Commissioners in Aspen, Colorado.
The contract will be performed for the firm fixed price of $9,999.
Deliverables & Payment Terms:
Written summation of the criteria to be used to create the series of maps referenced
above and a description of the bases for those criteria (e.g., what constitutes a
"reasonable depth" for drilling to hit groundwater and what is the basis for that
assumption?; what criteria will be used to identify an area as having a "High"
vulnerability to pollutant contamination?). These criteria will need to be reviewed and
approved by Pitkin County staff prior to development of the maps and databases
described below; the staff review will be conducted in consultation with HSA.
DATE DUE: Monday, Sept. 19, 2005.
MILESTONE PAYMENT: $3,000 of the firm fixed price will be paid upon acceptance
of this deliverable by Pitkin County.
2. Draft sets of maps (electronic and hard copy) and databases, as described in the
Overview, above.
DATE DUE: Monday, Sept. 26, 2005.
MILESTONE PAYMENT: $3,000 of the firm fixed price will be paid upon acceptance
of this deliverable by Pitkin County,
3. Final sets of maps and databases, as described in the Over~iew, above.
DATE DUE: Monday, Oct. 5, 2005.
MILESTONE PAYMENT: The remainder of the firm fixed price ($3,999) will be paid
upon acceptance of this deliverable by PItkin County.
Powerpoint presentation to the Board of Pitkin County Commissioners in Aspen,
Colorado_
DATE TBD (by mutual agreement of the parties).
2