HomeMy WebLinkAboutbocc.con.160.2007 CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT 16o-zoo?
Originating Department/Division: Open Space and Trails
Contact Person: Gary Tennenbaum Phone 920-5355
Project Name: Rio Grande Trail Bridge Maintenance
? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE
(BOCC signature required) (per Revised Procurement Code 7/2005)
Check procurement type:
?None ®Informal ?Formal ?Sole Source ?Emergency ?State Bid ?
Check Contract Tyue:
Dollar Amount> $45,000.00 Budget Line Item/Ledger Number 118.58.02523.86121
®Services/Maintenance ?Employment (for county employees)
?License/Use ?Intergovernmental Agreement (Requires BOCC Action)
?Lease ?Non-Profit
?Construction ?Quasi-Public
?Goods, Equipment, Supplies ?Grant Agreements (Requires BOCC Action)
?Other (e.g. revenue) ?Change Order/Contract Amendment
Contractor/Business Trail Maintenance Complete Name: Arrowhead
Trails, Inc.
Contract Execution 10/29/07 Contract End Date: 12/31/2007
Automatic Renewal n Term of Contract: 10/15/07-12/31/2007
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 pf appropriate)
?Notice of Award/Proceed Attached (f appropriate)
?Special Instructions for Finance Department:
®Sent to Clerk and Recorder for Scanning/Archiving
®Authorized Staff Person's Name: Gary Tennenbaum
BY CHECKING ABOVE AND ENTERING NAME, 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. ~9~
Amended 10_16_06 e
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CONTRACT FOR PROVISION OF SERVICES
Contract # 160-2007
Coding 118.58.02523.86121
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Arrowhead Trails Inc. {hereinafter "Contractor").
1. Term. The teen of this contract is from October 15, 2007 to December 31, 2007.
2. Contractor's Obligations.
Project Description
Remove and replace substructure stringers, decking, and railing systems for the Roaring
Fork Pedestrian Bridges.
Scope of Work
• Secure job site with orange safety fencing and signage approved and provided by Pitkin
County.
• Secure storage site for the wood bridge materials.
• Stage wood materials in stacks by type; 8x8 stringers, decking, longitudinal stringers,
glu-lam posts, glu-lam raIlings, 2x4 pickets.
• Materials must be staged prior to the beginning reconstruction, but may need to be
overseen by ATI to prevent any miss-communications.
• Obtain and securely store fasteners, hardware, and weatherproofing coating material on-
site or in a vehicle. Any additional materials will be purchased and provided by Pitkin
County.
• ATI will supply all tools and equipment required to implement Scope of Work.
• ATI to provide equipment and labor to remove and rebuild each pedestrian bridge sub-
structure, decking, and railing system.
• Each bridge item to be replaced will be removed and rebuilt in sections, in its entirety.
• The crew will break only between bridges to limit closure time for each.
• The Hunter Creek Bridge will be demolished and rebuilt before the Roaring Fork Bridge.
• Estimated time for construction is approximately two weeks. Time is approximate and
must account for weather delays and shorter daylight hours.
• Additional time may be required if Independence Pass closes for the season because of
snowfall. If weather delays are significant, the bridge{s) may need to be completed in the
spring of 2008.
• Time may also be affected by difficulty of demolition. i.e. How secure are the timbers?
Were spikes or nails used to anchor, which is not observable at this point.
• The bridgework has been requested to begin in mid October to lower the impact of
having a trail closure during peak recreational seasons.
• County will organize a meeting with adjacent landowner(s) and contractor to discuss
potential impacts and safety issues on shared driveway.
• County will be responsible for loading, transporting, and unloading all materials to
storage areas adjacent to the two bridges along the entry driveway. ATI does not own
large hocks/loaders to accomplish this task econotnically or efficiently and this type of
large rental equipment unavailable. "the County may request a building supply company
or contractor to complete this task if they so desire.
• Any damage to materials caused by County and/or another moving company is not the
responsibility of ATI to replace. The County will be responsible for replacing any
materials damaged during this task.
• Review and possible change of anchoring system of railing is the responsibility of Pitkin
County and not the contractor.
• Change of fasteners will be the decision and responsibility of Pitkin County. Additional
costs for clz<•tnging to the recommended GRK heavy gauge fasteners will be the
responsibility of the County. The County will be responsible for acquiring approval from
the engineering firm.
• Additional material costs and any additional labor cost will be the responsibility of the
County and may be addressed with a change order i f the County desires.
3. Compensation and Expenses Invoicine Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule sel out in
Paragraph 2. It is expressly understood and ag•eed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $45,000.00 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, 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. In the event the Contractor incurs
time and expenses in excess of the total compensation stated above, no compensation for said
additional time and expenses shall be required to be paid by the County without written amendment
to this contract executed by the County.
4. County's Exclusive 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. Ilowevcr, Contractor shall have the right to utilize such documents
in the course of its marketing, professioua] 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: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; 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, articles, speeches and other business
purposes.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through
a County Representative. Gary Tennenbaum will manage the project as the County's
Representative. In the event that Gary Tennenbautn is not available, Dale Will 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
wmpliance with Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Tenn. 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. 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
agcnt, employec, 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 aze submitted in the manner and nn 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 AssiQnablility. 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. Binding Arbitration. Any disputes arising out of this contract shall be subject to
binding azbitration. The parties agree that any disputes concerning the teens and conditions of
this 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 arbifration shall be awarded to the substantially prevailing party.
10. Sevcrability. In the event that any provision of this contract shall be held to he
invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding
upon the parties hereto
11. Integrration 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 conh~act maybe 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.
l2. Indemnity. ~
A. T1te Contractor (including, 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 claim, demand, loss, j
damages, penalty, judgment, expenses, costs (including costs of investigation and defense),
fees (including reasonable attorney and expert witness fees) or compensation in any form or
kind whatsoever for any bodily injury, death, personal injury or property damage arising out
of or in connection with any negligent act, error or omission by the Contractor, and for any
consequential liability alleged to accrue against the County on account of the Contractor's h
acts, errors or omissions; provided, however, that such indemnity shall not be construed as
an indemnity for bodily injury or properly damage arising From the sole negligence of the
County or its employees.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its
sole expense and shall bear all other costs and expenses related thereto, even if the claim,
demand or lawsuit is groundless, false or fraudulent. ~
13. Insurance. ~
A. ht whole or in part, the Contractor shall secure and maintain for the term
of its contractual relationship with the County such insurance policies, from companies
licensed in the State of Colorado, as will protect itself, the County and others as specified,
from claims for bodily injuries, death, personal injury or property damage, which may
arise out of or result from the Contractor's acts, en'ors or omissions. The following insur-
ance coverage, at or above the limits indicated and including such endorsements as are
indicated by an "X", are required:
f
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability -ISO 1998 Form or equivalent
(With County named additio»al insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include (place X by applicable
provisions]:
_ X_ Premises/Operations
Underground, Explosion & Collapse Hazard
X PmductslC.ompleted Operations
X Contractual Liability
X Independent Contractors and Subcontractors
_X Broad Form Property Damage
_X_ Personal Injury
3. Business Auto Coverage:
Combined Single Linut 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:
I. 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 Paragaph 5, no
later than ten (10) calendar days prior to commencement of operations
affecting the County. Failure to file or maintain acceptable Certificates of
Insurance with the County is agreed to be a material breach of any
contract. These Certificates of Insurance shall contain a provision that
i coverage afforded under the policies will not he 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" shall mean a change affecting the coverage's required
herein, including a change to policy limits as set out in the then-cun'ent
policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall
file with the Procurement Officer a certified statement as to claims pending
against the required coverages, reserves established on account of such
claims, defense costs expended and aniounts remaining on policy limits.
2. hi addition, these Certificates of Insurance shall contain the
following clauses:
a. The clause "other insurance provisions," in a policy in which
the County of Pitkin holds a Certificate, shall not apply to the County
of Pitkin.
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 tar assessments under any form of
policy.
c. Any and al] deductibles in the above-described insurance
policies shall be assumed by and be for the amount ot; 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 nn 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 endorsernent at any time during the term of this
contract.
14. 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-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, acrd documents concerning its performance relating to this contract for a period
of three (3) yeazs 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 marmer 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.
16. 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.
17. Attomey's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described ut Paragraph 9, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Imrunity. 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 Immunity Act, 24-10-101,
et. Seq., C.R.S., as from tone to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be constmed 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.
19. Current Year Obli ations. The parties acknowledge and agree that any pa}nnents
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 intcrpreted as creating amultiple-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 Cotmty 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: (1) hand delivery to the person at the address below; (2) delivery
by facsimile with confirmation of receipt to the fax number below; or (3) within tluee (3) days of
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County:
Gary Tennenbaum
Pitkin County Open Space and Trails Land Steward
76 Service Center Road
Aspen, CO 81611
Fax 970-920-5374
B. To Contractor:
Arrowhead Trails, Inc.
11121 County Road 240
Salida, CO 81201
Phone 719-539-2817
21. Compliance with House Bill 06-1343.
A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado
Revised Stabiles 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 nnt:
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:
1. 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, 108`a Congress, as amended, that is administered by the
United States DeparUnent 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:
i!
~I
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 Uu'ee
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
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) of C.R.S. § 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein about.
CONTRACTOR:
Title__~~uJ/,! !6 3a a 7
Dae
PI't'Klrl COUN'l'Y:
By: ~G~ 1o~2~~a'1
Gary Tennenbaum, Land Steward Date
10