HomeMy WebLinkAboutbocc.con.144.2007CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 144-2007
Originating Department/Division: Facilities Management
Contact Person: Jodi Smith Phone #: x5396
Project Name: Redstone Coke Oven Restoration -Design Phase
^ 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 Type:
Dollar Amount:
®Services/Maintenance
^License/LTse
^Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
Budget Line Item/Ledger Number
^Employment (for county employees)
^Intergovernmental Agreement (Requires BOCC Action)
^Non-Profit
^Quasi-Public
^Grant Agreements (Requires BOCC Action)
^Change Order/Contract Amendment
Contractor/Business JVA Consulting Engineers, Inc Complete Legal
Name:
Contract Execution Sept 15, 2007
Automatic Renewal Yes
Contract End Date: 10/31/2009
Term of Contract: 30 days
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 J~ -
^All Legal Descriptions Attached (ifappropriate> ~'~` L~'~
^Notice of Award/Proceed Attached (if appropriate) ~ .l''~l~
Special Instructions for Finance Department: ~ .~°~,
,,Sent to Clerk and Recorder for Scanning/Archiving ~-'~ 1
®Authorized Staff Person's Name: Jodi Smith
^Warranty, if applicable
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. 1~ ~~
~~~~~~~
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Redstone Coke Oven Stabilization & restoration Project Contract #144-2007
Line Item: oox.75,942o3•Sz7a2
Re~9/l' 8/Glfidq
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and 1VA Consulting Engineers. Inc. ,~
Colorado 8H5L5 F~?H~~~5-9899 (hereinafter "Contractor"). (5 t 9 ~PIw~E sr. ~ p.,ous_p~~
1. Term. The term of this contract is from September 15. 2007 to Oct 31. 2009. At the
expiration of the initial term, the contract may be extended for an additional term of 1 year by the
express written consent of both parties.
2. Contractor's 4blisations. Contractor shall perform all aspects of engineering and provide
structural engineering services through completion of construction for the atabilization and restoration of
the Redstone Coke Ovens located in Redstone, Colorado.
A. Scope of work will include structural documentation and evacuation of the visible masonry
structure. There are a total of 111 historic coke ovens on this site that are deteriorating more and
more each year. .Pitkin County and the Redstone Historical Society would like to stabilize 51 of
the coke ovens and reconstruct/restore four of the coke ovens to show what they looked like
originally
B. The coke ovens are to be stabilized in their current condition. lmprovements will not be made to
create working coke ovens or to comply with building code requirements.
C. The structural stabilization repairs shall not impact the visual integrity and historic value of these
coke ovens. The Secretary of the Interior's Standards and Guidelines for Rehabilitation shall be
followed unless approved by Pitkin County.
D. Construction Documents are to be issued in a single package. Drawings shall be produced with
AUTOCAD, using JVA's in-house layering system, drafting presentation, title block and drawing
identification. Documents shall be provided in both paper and electronic fornnatting to Pitkin
County.
E. JVA will analyze the existing structure and design required repairs to stabilize the structure to
prevent further deterioration and to restore four of the ovens to original condition.
F. Proposed stabilisation methods will be presented tv Pitkin County for review during a Design
Development Phase, prior to completion of Construction Documents.
Pitkin County Facilities Management, 53o E, Main, Suite $GM, Aspen, Co 8itSii
97o-92O-5396~ 97o-g2o-5288 Fax or email: jodis@co.pitkin.co.us
600/100] alb SS3NIS118 Sfl~aI~ DOZ6 8ZE S~ZZ XU~ ZS 60 8002/DZ/l0
CONTRACT' FOR PROVISION OF SERVICES
Redstone Coke Oven Stabilization & restoration Project Contract ~~44-200
Line Item; ooi.~5.94203.82722
G. Investigation and development of Construction Documents and Specifications. This assumes three
site visits and one meeting in Aspen, 6 sheets of drawings are anticipated. Significant amounts of
time to perform historic research and coordination with the Committee, Pitkin County and CDOT
are anticipated during this phase.
H. Construction Administration. This assumes one pre-bid meeting and 3 site observations during
construction. It also assumes that we will hire a subcontractor to perform a detailed cost estimate.
As-built drawings are presumed to be required at the end of construction. Site inspections may
need to be increased if the project becomes a multi year project due to grant funding.
I. The engineering fee will not exceed $50,000. 3VA may be able to donate some of these services,
but this is up to Bob Hunnes and we have not had a chance to determine what might be appropriate.
!. A system for monitoring the coke ovens will be recommended.
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 not to exceed Fifty Thousand Dollars and
Zer~c Cents $50.000.00 for all services rendered. By corttraet 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 Exclusive Ownersh~ o~ 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 shalt 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: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and S) 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 Obli ations. Pitkin County shall administer this contract through
a County Representative. Jodi Smith, County Facilities Manager will manage the project as the
County's Representative. in the event that Jodi is not available, a designee will be appointed and
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.
Pitkin County Facilities Management, 53o E. Main, Suite BGM, Aspen, Co 8i6ix 2
97o-92O-5396~ 97a-92o-5z85 Fax or email: jodis@co.pitldn.co.us
600/Z00~1 alS SS3NIS(18 Sf1~aI~ GDZ6 SZE S!! XY~ 8S 60 8002/GZ/l0
Redstone Coke Oven Stabilization & restoration Project Contract #144-2007
Line Item; 001.75.942o3•g2722
3
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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 end specifying the effective date thereof. Such notice shall be given at least ten (!0)
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 teams of this
contract prior to the date of termination. Ivot withstanding the above, Contractot 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. inde endent Contra r 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. Assignabilitx. 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,
y. Bindin Arbil .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
contract shall be submitted and finally settled by arbitration. Atbitration 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.
10. SeverabilitX. 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
11. to ration and M ' ' lion.
Pitkin County Facilities Management, 53o E. Main, Suite BGM, Aspen, Co 8~61i
97o-92O-5396~ 97-920-5285 Fax or email: jodis@co.pitkin.eo.us
alb SS3NISflB Sfl~bI~ 6DZ6 8ZE SLL XY~ 8S 60 8002/OZ/l0
Redstone Coke Oven Stabilization & restoration Project Contract #i44-2o07
Line Item: ooi.'75.94203.82722
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 yr
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. Indemnitx.
A. The Contractor (including, by defuution 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, lass, 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,
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, how-
ever, that such indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sale 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. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as specified from claims for bodily
injuries, death, personal injury or property damage, which may arise out of or result from the
Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits
indicated and including such endorsements as ace indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability -ISO 1998 Form or equivalent
(With County riamcd addiripnal insured]
Each Oxurrence Limit 1000 ()()(),p(1
General aggregate Limit $2.000,000.00
Products/Completed Operations Aggregate Limit X2.000.000.00
Comprehensive Form (All risks) to include (place X by applicable provisions):
X Premises/Operations
_ Underground, Explosion & Collapse Hazard
Pitkin County Facilities Management, 53o E. Main, Suite BGM, Aspen, Co 8r6~i
97o-g2o-5396, g7o-920-5285 Fax or email: jodis@co.pitkin.co.us
600/b00@J alb SS3NISflB Sfl~aI~ bbZ6 8ZE SZ! XY~ 8S 60 8002/bZ/l0
Redstone Coke Oven Stabilization 8r restoration Project Contract #i44-2o07
Line Item: ooi,75.94203.8272a
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personallnjury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) ~1.LQ~0 00
Including all owned, non-owned, and hired vehicles.
4. Special COVerageS (check as appropriurr and insert anwunr):
_ (1) Performance Bond
Labor and Material
Payment Bond
X_ (2) Professional Ernors and Omissions
_ (3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
_ ('~ 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
commencement of operations affecting the County. Failure to file or maintain acceptable
CeRi£teates 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, rtturn receipt requested (effective upon proper mailing), has been sent to the
Procurement pfficer. (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-
currentpolicy declarations page).
Simultaneously with the Cetificates 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 amounts
remaining on policy limits.
clauses:
2. [n addition, these Certificates of Insurance shall contain the following
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.
5
Pitlcin County Facilities Management, g3o E. Main, Suite BGM, Aspen, Co 8ibii
97o-92O-5396.970-92o-528g Fax oc email: jodis@co.pitldn.eo,us
600/5001131 alb SS3NISflB Sfl~aI~ pDZ6 8ZE SrlL XY~ 8S 60 6002/OZ/l0
Redstone Coke Oven Stabilization & restoration Pmject Contract ai44-2o07
Line Item: oor..75.94203,82722
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 farm 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"
6
3. Certificates of Insurance for all renewal policies shall be delivered to
the County's Representative at least fift~n (IS) 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 tight 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 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, 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 sll provisions of the contract and
applicable law,
16. Contract Made_ in Colorado. The parties agree that this contract was made in
accordance with the taws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
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 vests and reasonable attorney's fees.
18. 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 $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101,
et, Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in 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.
Pitkin County Facilities Management, 53o E. Main, Suite BGM, Aspen, Co 8ibtr
970-92o-539b- 970-920-5285 Fax or email: jodis@co.pitkin.co.us
600/900 ~ alb SS3NIS(18 SfI~aI~ bbZ6 8ZE 5!! Xa~ 85 60 8002/bZ110
Redstone Coke Oven Stabilization & restoration Project Contract ~i44-aoo7
Line Item: ooi.ry5.94~o3.8a722
19. Current Year Obl' aiR Lions. 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 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 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 of 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 three (3) days of
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County
Jodi Smith, Facilities Manager
530 E. Main Street, Suite BGM
Aspen, Colorado 81611
(970) 920-5396 FAX
B. To Contractor:
7VA Consulting Engineers, Inc.
f 3t9
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #30Z
Aspen, Colorado 81611
SPRu~E 57 _(]l_/
~3 - 444 -1957 (F~tx)
21. Compliance with House Bi110b-1343.
A. In compliance with House Bi1106-1343, amending Title !3 of the Colorado
Revised Statutes by the addition of Article 17.5, Iliegai 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 siien to perform work under this contract.
7
Pitkin County Facilities Management, 53o E. Main, Suite BGM, Aspen, Co 81611
970-920-5396 97Q-92o-5285 Fax or email: jodiS@co.pitkin.co.us
600/Z00 ~ alb SS3NIS(lA SfI~aI~ bbZ6 8ZE SZZ XY~ 6S 60 8002/bZ/l0
Redstone Coke Oven Stabilization & restoration Project Contract #i44-zoo?
Line Ytem: ooi.~5.94203.82722
B. In compliance with House Bi1106-1343 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`" 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 chat 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 above.
CO 'T
BY~ ~- ~ 207
t
Bob Hennes, PE President Date
PITKIN COUNTY:
8
Pitkin County Facilities Management, 53o E. Main, Suite BGM, Aspen, Co 8i6xx
97o-q2o-8396, goo-920-5285 Fax or email: jadis@co.pitkin.co.us
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Redstone Coke Oven Stabilization & restoration Project Contract #i44-zoo?
Line Item: ooi.75.94zo3.82722
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Jodi Smith, Facilities Manager Date
Temple tassier, P s Da
may:.' ~~ d~
rian Et, Director PW's ate
9
Pitkin County Facilities Management, g3o E. Main, Suite BGM, Aspen, Co 8161.1
970-920-5396, 99o-gzo-gz8g Fax or email: jodis@co.pitkin.co.us /
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