HomeMy WebLinkAboutbocc.con.110.2007
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCA."INING/ ARCHIVING
CONTRACT #: 110-2007
Originating Department/Division: TV & FM Translator Dep!.
'1
Contact Person: Renee Nofziger
Project Name: Crown Mountain Rebuild
Phone #: 5395
D BOCC AGENDA ITEM
(BOCC signature required)
~STAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone [gJlnformal DFormal DSole Source DEmergency DState Bid D
Check Contract Tvne:
Dollar Amount: $46,500
.,
~ServiceslMaintenance
DLicense!Use
DLease
DConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
Budget Line ItemlLedger Number 003.77.92777.86757
DEmployment (for county employees)
DIntergovernmental Agreement (Requires BOCC Action)
ONon-Profit
OQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
ContractorlBusiness
Company
Contract Execution
Automatic Renewal
Complete Name: Periele Communications
June 20, 2007
N
Contract End Date: June 20, 2008
Term 0 f Contract: I year
All Contracts should be proofed for the following:
[gJNo Pages Missing
[gJIf a Page is Left Intentionally Blank -Note on Page
[gJPage numbered consecutively
[gJAlI Signatures Affixed
[gJAll Dates Filled In
[gJAII Other Blanks Filled In
~Al1 Exhibits Attached
DAII Legal Descriptions Attached (if appropriate)
DNotice of AwardlProceed Attached (if appropriate)
DSpecial Instructions for Finance Department:
[gJSent to Clerk and Recorder for Scanning/Archiving
~Authorized Staff Person's Name: Rt'l
BY CHECKING ABOVE AND ENTERING NAl\IE, THE 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.
Amended \0_16_06
Rev8/18/06dq
CONTRACT FOR PROY\~HPN OF SERVICES
Contract # \ L -Z;(;crt'
Budget Line Item #003.77,92777.86757
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Periele Communications Company, Po Box 50378
Colorado Springs, Co 80949 (hereinafter "Jay M. Jacobsmeyer"),
1. Term, The term of this contract is from June 20, 2007 to June 20, 2008. At the
expiration of the initial term, the contract may be extended for an additional term of one (I) year
by the express written consent of both parties,
2, Contractor's Obligations. Contractor shall: SEE EXHIBIT A
. Assist Pitkin County with all project coordination and redevelopment including but not
limited to all land use applications; County, BLM, Etc.
. Review building plans to ensure the County's needs are met (Both TV & FM and public
safety -all agencies)
. Assist County staff with lease documents for tenants
. Supervise other site improvements identified in the translator system survey report dated
Octover 6, 2006
. Provide other consulting engineering services, as need, in support of the Master Plan
3. Compensation and Expenses. Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out in
Paragraph 2, It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $46,500 for all services rendered. By contract
or amendment, the County and Contractor may reallocate the budget among project tasks if the total
budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours
worked, with payment expected within thirty (30) days of invoice, but any payment by the County
may be offset by any amount the Contractor owes the County for any reason,
4. County's Exelusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this contract shall be
the property of the County, However, Contractor shall have the right to utilize such documents
in the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: I) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perf 01111 the works publiely; and 5) to display the work
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketing purposes and professional presentations, anicles, speeches and other business
purposes.
5. Pitkin County's Obligations, Pitkin County shall administer this contract through
a County Representative. Renee Nofziger will manage the project as the County's
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Representative, In the event that Renee Nofziger is not available, Brian Pettet 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 prior to final payment.
6. 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 specif'ying 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. Not withstanding 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.
7, 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
Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin
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 Pitkin 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
Pitkin County and is responsible for payment of any federal, state, FICA and other income
taxes,
8. Assi/:!llabilitv. 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.
9. BindinJl: Arbitration. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
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contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
lO. Severabilitv. 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
II, 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. Tbe County may, from time to time, request changes in the scope of
services of the Contractor to be performed hereunder. Such changes, ineluding 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.
12. Indemnitv,
A. The Contractor (ineluding, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnifY and hold harmless the County of Pitkin and its officials, employees, agents
and representatives from and against liability for any elaim, demand, loss, damages, penalty, judg-
ment, expenses, costs (ineluding costs of investigation and defense), fees (ineluding reasonable
attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily
injury, death, personal injury or property damage arising out of or in connection with any negligent
act, intentional act, error or omission by the Contractor, and for any consequential liability alleged
to accrue against the County on account of the Contractor's acts, errors or omissions; provided,
however, that such indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sole negligence of the County or its employees.
B. Tbe Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, payor 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 ti'auduleLll.
13, Insurance.
A. In whole or in part, the Contractor shall secure and maintain for the tenn of its
contractual relationship \vith the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as specified [N/A] from elaims for
bodily injuries, death, personal injury or propelty damage, which may arise out of or result from the
Contractor's acts, errors or omissions, The following insurance coverage, at or above the limits
indicated and including such endorsements as are indicated by an "X", are required:
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'-~.....,..,,..,....,..... ..
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability - ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit
General Aggregate Limit
Products/Completed Operations Aggregate Limit
$1.000.000.00
$2.000.000.00
$2.000.000.00
Comprehensive Form (All risks) to include (place X by applir:able
provisions) :
l Premises/Operations
Underground, Explosion & Collapse Hazard
l Products/Completed Operations
l Contractual Liability
l Independent Contractors and Subcontractors
l Broad Form Property Damage
l Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1.000.000.00
Including all owned, non-owned, and hired vehicles.
4. Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance :
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the County through
the representative identified in Paragraph 5, no later than ten (10) calendar days prior to com-
mencement of operations affecting the County. Failure to file or maintain acceptable Certificates
of Insurance with the County is agreed to be a material breach of any contract. These Certificates
of Insurance shall contain a provision that coverage afforded under the policies will not be
canceled or materially altered unless at least thirty (30) calendar days prior written notice by
certified mail, return receipt requested (effective upon proper mailing), has been sent to the
Procurement Officer. (For purposes of this provision, "materially altered" llhall mean a change
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affecting the coverage's required herein, ineluding a change to policy limits as set out in the then-
current policy declarations page).
Simultaneously with the Certificates of U:)surance, the Contractor shall
file with the Procurement Officer a certified statement as to elaims pending against the required
coverages, reserves established on account of such elaims, defense costs expended and amounts
remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the
following clauses:
a, The elause "other insurance provisions," in a policy in which the
County of Pitkin holds a Certi ficate, shall not apply to the County of Pitkin.
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 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.
14. Exemptions. All purchases of construction, building or any other matelials 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 Imder registration numbers 98-02624 and 84-78000-5K.
15. 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.
[6. 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,
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17. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described in Paragraph 9, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Inununitv. 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 $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Inununity 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 indenmification 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.
19. 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 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.
20. Notice. Any written notice required by this contract shall be deemed delivered
through any of the following: (I) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of
being sent certified first elass mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County
Renee NofZiger
76 Service Center Road
Aspen, CO 81611
970-920-5395 Fax 970-920-5374
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Contractor:
Pericle Communications Company
Jay Jacobsmeyer
6
Po Box 50378
Colorado Springs, CO 80949
21. Compliance with House Bill 06-1343.
A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado
Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services,
enacted by the General Assembly of the State of Colorado, the Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform work under
this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 enacted by the General Assembly of the State of
Colorado:
I. The Contractor shall verify or attempt to verify through participation in the
Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and
expanded in Public Law 156, 108th Congress, as amended, that is administered by the
United States Department of Homeland Security] that the Contractor does not employ any
illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to
entering into this contract, the Contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this contract has been
completed, whichever is earlier. This provision shall not be required or effective if the
Basic Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this contract is
being performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
a. Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to
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establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
4. The Contractor shall comply with any reasonable request by the Department
of Labor and Employment made in the course of an investigation that the Department of
Labor and Employment is undertaking pursuant to the authority established in Subsection
(5) ofC.RS. S 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
&f
PITKIN COUNTY:
BY.~ M1V9j 0(gnJot
enee Nof ger Date
8
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EXHIBIT A
Pericle Communications Company
May 16, 2007
Via Email
Renee Nofziger
Pitkin County Translator Administrator
76 Service Center Road
Aspen, CO 81611
~'
~
This letter serves as our cost proposal to provide consulting engineering services to Pitkin
County to assist the County as it implements the-Master Plan for the Translator System,
including capital improvements to the Crown site in 2007 and other site improvements through
2008. This work involves the following main tasks:
Dear Ms. Nofziger:
L Assist Pitkin County to prepare lease documents for tenants at Crown, including cellular
service providers who have already expressed interest in the site.
2. Prepare site requirements to be included in the cellular service providers building plans.
3. Review building plans to ensure they meet the County's needs.
4. Supervise other site improvements identified in the Translator System Survey Report,
dated October 6, 2006.
5. Provide other consulting engineering services, as needed, in support of the Master Plan.
We quote this work on a time and materials basis for a not-to-exceed amount of $46,500 with
the following labor rates which are valid through 2008:
Principal Engineer (Jacobsmeyer):
Senior Engineer (Mieszala, McGinley)
Senior Radio Technician
$200 per hour
$165 per hour
$ I15 per hour
Materials (if any) will be billed at cost and vehicle travel to and from Colorado Springs will be
billed at the current IRS mileage rate. If Y01:l have questions regarding this proposal, you can
reach me at (719) 548-1040 or via email atjacobsmeyer@pericle.com.
Sincerely,
- original signed -
Jay M. Jacobsmeyer, P.E.
President
1910 Vindicator Drive. Suite 100. Colorado Springs, Colorado 80919. Phone: (719) 548-1040' Pax: (719) 548.1211
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID1.~ DATE (MrNbDfYYYV)
PBRJ:C-l 05/18/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTlRCATE
BrOWD. and Brown, ZDc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1 South Nevada Ave SUite 106 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Colorado Springs CO 80903
Phane.719-471-0262 Fax.719-471-2889 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: HARTFORD J:l\1SURANCE
INSURER B: PHJ:LADELPHJ:A J:l\1SURANCE CO
pericle communications company INSURER G:
P. O. Box 50p8 INSURER 0:
Colorado Spr ng. CO 80949
INSURER E:
COVERAGES
THE POLICIES Of INSUAANCE LISTED BELOW tiAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlleY PERIOD INDICAtED. NOlWlTHSTANDING
Am REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHffi OOCUMENTWITl-t RESPECT TO WHICH THIS CERTiFICATE MAY BE ISSUED OR
MAY PERTAIN, THE muRANCE AfFORDED 8YTHE POlIC\!:.S OESCR\lM:D HEREI" IS 5UBJECTTO At.L THE TERMS, exCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LJMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NrJW!!JE ATE MfAID~
LTR NSR TYPE OF tNSURANCE POUCY NUMBER DA" \..IMITS
~NERAl LIABILITY EACH OCCURRENCE $1000000
A X X COMMERCIAL GENERAL. LlABlLrfY 34.SBAl!G3106 03/12/07 03/12/08 PREMlSES {Ea OCCU'ence1 $ 300000
I CIJ\IMS MAOE ~ OCCUR MED EXP (Anyone person) $ 10000
PERSONAL & ADV INJURY $1.000000
GENERAL. AGGREGATj: $ 2000000
~N'lAGG~n UMIT APnS PER; PRODUCTS. COMPIOP AGG $ 2000000
X POlICY ~r8T LOe
~OMOBlLE LIABILITY COMBINeD SINGLE LIMIT $
Atfi'AlJTO (E:a accident)
-
f- ALL OWNED AlJTOS BODilY INJURY
SCHEDULED AUraS (Perperscln) .
-
~ HIRED AUTOS BODilY INJURY
(Peracciderlt) $
~ t4QN-OwI'lEO AUTOS
- pROPERTY DAMAGE S
{Per w;:ddenl)
~":"'u.BUlY AUTO ONLY - EA ACCIDl;NT $
/lJ'4YAUlO OTHER THAN EA Ace $
AUTO ONLY: AGO $
EXCESSllJM8RE.\.LA UABlUTY EACH OCCURRENCE $1,000,000
A tJ~CCUR 0 ClAIMS MADE 34.SBAPG3106 03/12/07 03/12/08 AGGREGATE $1,000,000
s
=i ~EDUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND X 'TORY L1M1TST I U .11;-
A EMP\..OY5\5' UABI.flY 34SBAPG31D6 03/12/07 03/12/08 s 100000
ANY PROPRlETORJPARTNERlEXECUTIVE E.L. EACH ACCIDE,..T
OFFICERlMEMBER t:XCLUCED? to.l. OISEI>.SE. EA EMP-Lo....e $ ~OOOOO
~~~~Vl~~SbelllW E."'. DIS~E - pOLICY UMIT $ 500000
OTHER
B Professiopal Liab I?HSD246425 , OS/29/07 OS/29/08 ,A.ggregate $1,000,000
'Deducti}:)1. $2,500
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS
Attention: Renee Nofziger Certificate Bolder is added as Additional
J:nsured II.S respects to General Liability as their interests may appear
CERTIFICATE HOLDER
CANCELLATION
PJ:TltJ:NC SHOUlO ANY O~ THEA80VE DESCRIBEO POLICIES BE CANCELLED BEFORe: THE EXP1RATIO'"
DATE THl!R&lF, THE ISSUING INSURER WILL eNDEAVOR TO MAIL ~ DAYS WRITTEN
PJ:'rltJ:N COllN'l'Y NOTICE ro THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
76 service Center Road IMPOSE NO OBLfGATION OR LIABJUTY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
Aspen CO 81611 REPRESENTA1lVE8.
I~~'DR~ .......
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ACORO 25 (2001108)
<ll ACORD CORPORATION 1988