HomeMy WebLinkAboutbocc.con.075.2000 i PITKIN COUNTY CONTRACT
l � AGREEMENT CONTRACT#G`I5
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THIS AGREEMENT, made this 30th day of August 2000, by and between the
County of Pitkin, Colorado, a Colorado home-rule county, (hereinafter called the "County") and
Meheen Engineering Co. (hereinafter called the"Consultant/Engineer").
RECITALS
A. The County intends to Engineer and Design a new overpass for the Rio Grande Trail at
Highway 82 and Wingo Junction and rehab the old Railroad bridge, hereinafter called the"Project", in
accordance with the terms and conditions outlined in the Contract Documents and the associated Plans
and Specifications.
B. Consultant's Proposal was the most responsive proposal.
NOW, THEREFORE, the County and the Consultant, for the considerations hereinafter set
forth,agree as follows:
1. The Consultant agrees to furnish all supervisory labor, materials, equipment, tools, and
services necessary to complete in a workmanlike manner all tasks required within the scope of work for
the completion of the Project, in strict compliance with the contract documents herein mentioned,
which are made a part of this Contract.
2. Contract Time and Liquidated Damages. Work under this Agreement shall be
commenced by August 30, 2000, and shall be substantially completed by November 1, 2000, and
punchlist completed fifteen (15) days thereafter, or the Consultant hereby agrees to pay County
Liquidated Damages for delay (and not as a Penalty) in the amount of $200 per calendar day for each
day or part of a day the Project is not completed by the completion date here established. The parties
agree that actual damages for delay in completion is difficult or impossible to accurately estimate at
this time, that the sum stated is a reasonable forecast of fair compensation for the anticipated
damages for delay and that they genuinely intend to liquidate such damages.
3. Subcontractors. The Consultant agrees to bind every subcontractor by the terms of
the Contract Documents. The Contract Documents shall not be construed as creating any contractual
relationship between the subcontractor and the County.
4. Payment. The County agrees to pay, and the Consultant agrees to accept, in full
payment for the performance of this Contract, the total price of Forty One Thousand Five Hundred
Ten Dollars ($41,510) in accordance with the Contract Documents, subject to increase or decrease in
accordance with the provisions of the Contract Documents.
5. Payment Procedures:
A. Consultant shall submit applications for payment in accordance with the
General Conditions. Project Manager as provided in the General Conditions will process applications
for payment. Suf{-
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B. County shall make progress payments on account of the Contract Price on
the basis of Consultant's applications for payment,as recommended by Project Manager,within
forty-five (45)days of County's approval of Consultant's pay request. All progress payments will be
on the basis of the progress of Project measured by the schedule of values provided for in the
General Conditions.
(1) If Consultant is satisfactorily performing this agreement, progress
payments shall be in an amount equal to ninety(90)percent of the calculated value of any work
completed, less the aggregate of payments previously made until fifty(50) percent of the work
required by this agreement has been performed. Thereafter, unless a different arrangement is
provided for in Special Conditions for contracts less than $80,000.00,County shall pay all remaining
progress payments without retaining additional funds, if, in the opinion of the Project Manager and
County, satisfactory progress is being made on the Project. If, in the opinion of the Project
Manager and County, satisfactory progress is not being made on the Project, or if claims are filed
under Section 38-26-107, Colorado Revised Statutes,as amended,County may retain such
additional amounts as County may deem necessary to assure completion of the Work or to pay such
claims and any Project Manager's and attorneys fees reasonably incurred or to be incurred by
County in defending or handling such claims. The withheld percentage of the Contract Price shall be
retained until the Project is completed satisfactorily and finally accepted by County in accordance
with the provisions of the Contract Documents. Progress payments shall not constitute final
acceptance of the Work.
(2) Payments will not be made for materials stored off-site (unless
otherwise provided by Addendum or Change Order)but will be made for materials stored on-site.
Consultant will remain responsible for security of the materials and the replacement at Consultant's
sole cost of materials lost, damaged,destroyed or stolen.
C. County shall make final payment, including release of retainage, to Consultant
as recommended by Project Manager,and in accordance with the Contract Documents and Section
38-26-107,C.R.S.and Section 24-91-103,C.R.S.
6. Contract Documents. The Contract consists of the documents listed below and
references to Contract, Contract Documents, or Agreement includes all such documents. In the event
that any provision of one Contract Document conflicts with the provision of another, the provision in
the Contract Document listed first below shall govern,except as otherwise specifically stated.
A. Pitkin County Construction Contract Agreement;
B. County Required Clauses;
C. Proposal;
D. Notice of Award;
E. Notice to Proceed;
F. General Conditions;
7. Authority and Responsibility of the Project Manager. All work shall be done under the
general supervision and direction of the Project Manager or his/her designee. The Project Manager
shall decide any and all questions which may arise as to the quality and acceptability of materials fur-
nished, work performed, ante of progress of the work, interpretation of the Contract, change orders
(within the limits of her authority) and all other questions as to the compliance with the Contract on
the part of the Consultant.
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8. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties,except to parties to whom Consultant or County may
assign this Agreement in accordance with the specific written permission, any rights to claim damages
or to bring any suit,action or other proceeding against either the County or Consultant because of any
breach or because of any of the terms or conditions herein contained.
9. Waiver. No waiver by either party of any right, term or condition of the Contract
Documents shall be deemed or construed as a waiver of any other right, term or condition, nor shall a
waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of
the same or of a different provision of the Contract Documents.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties in
the negotiation,review, or drafting of this Agreement.
11. Authorized Representative. The undersigned representative of Consultant, as an
inducement to the County to execute this Agreement, represents that he/she is an authorized
representative of Consultant for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement on behalf of Consultant.
12. Consultant's Representations.
A. In order to induce County to enter into this Agreement, Consultant makes the
following representations:
(1) Consultant has familiarized himself with the nature and extent of the
Contract Documents, work, locality, and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or performance of
Project.
(2) Consultant has carefully studied the site and has performed all
necessary investigations, tests, subsurface investigations to define the latent physical conditions of
the construction site affecting cost,progress,or performance of Project.
(3) Consultant has made or caused to be made examinations, investigations,
and tests and studies of such reports and related data as he deems necessary for the performance of
Project at the Agreement Price, within the Contract time,and in accordance with the other terms and
conditions of the Contract Documents; and no additional examinations, investigations, tests,reports, or
similar data are or will be required by Consultant for such purposes.
(4) Consultant has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
(5) Consultant has given Project Manager written notice of all conflicts,
errors,or discrepancies that he has discovered in the Contract Documents, and the written resolution
thereof by Project Manager is acceptable to Consultant.
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13. County's Representations.
A. County makes the following representations:
(1) Authority exists in the law and County has budgeted, appropriated and
otherwise made available funds equal to, with a sufficient unencumbered balance thereof remains
available,for payment of or in excess of the Agreement Price.
(2) County, by issuing any Change Order or other form of order or
directive requiring additional compensable work to be performed by Consultant, which work causes the
aggregate amount payable under the Agreement to exceed the amount appropriated for the original
Agreement Price, represents to Consultant, that lawful appropriations to cover the costs of the
additional work have been made.
14. Miscellaneous.
A. Terms used in this Agreement, which are defined in Part 1 of the General
Conditions,shall have the meanings indicated in the General Conditions.
B. If any term, section, or other provision of the Contract Documents shall, for
any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term,
section, or other provision shall not affect any of the remaining provisions of the Contract Documents,
and to this end,each term,section and provision of the Contract Documents shall be severable.
C. None of the remedies provided to either party under the Contract Documents
shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to
which such party may then be entitled. Every obligation assumed by, or imposed upon, either party
hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In
addition to any other remedies provided by taw, the Contract Documents shall be specifically
enforceable by either party.
D. This Agreement may be executed in multiple counterparts, each of which shall
constitute an original, but all of which shall constitute one and the some document.
E. Unless otherwise expressly provided, any reference herein to days shall mean
calendar days. All times stated in the Contract Documents are of the essence.
IN WITNESS WHEREOF,the parties have made and executed this Agreement.
COUNTY OF PITKIN,COLORADO
Maheen Engineering Co.
By. By
She ie oy Harper,4airperson H. Joe Me44 P.E.
530 East Main Street, 3'd Floor 1562 S.Parker Road,#228
Aspen,Colorado 81623 Denver CO 80231
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Jetette Jones, Defty County Clerk
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely,County Attorney 1'/ 0 O Suz a Konc an,County Manager
RECOMMENDED FOR APPROVAL:
Da a Will, Director of Open Brx2ce and Trails Temple Glassier,Ptk4jec-4 Manager
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(Revised July 6,1999)
REQUIRED CLAUSES
For purposes of these required clauses,"Contractor"means the bidder/proposer or other party who may eventually enter into a
contract with the County.
The Bidder/Proposer shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW
A. The contractor acknowledges that this Agreement is entered into subject to the requirements of the"Pitkin County
Procurement Code,"(Section 8.5 of the Pitkin County Home Rule Charter,Resolution No.82-37,April 12, 1982). As
such,the Contractor agrees to comply with all requirements of said Procurement Code,and such requirements are
incorporated herein by this reference.
B. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the
County's employees or agents,which violation(s)is known or should have been known by him,and failure to so notify
the County of any violation(s)within five(5)days of knowledge of such violations shall be considered a breach of this
Agreement. Further,such failure to notify the County of violation of the Procurement Code or statutes within five
(5)days of knowledge shall be deemed as a waver of any action or defense that the Contractor may have against the
County by reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES.GRATUITIES.KICKBACKS AND CONFLICT OF INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage,or contingent fee,excepting bona fide employees or bona fide established commercial or selling agencies
maintained by the Contractor for the purpose of securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity
or any offer of employment in connection with any decision,approval,disapproval,recommendation,preparation of any
part of a program requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this
Contract or Subcontract,or to any solicitation or proposal therefor.
C. Gratuity means a payment, loan,subscription,advance deposit of money,services,or anything of more than nominal
value,present or promised,unless consideration of substantially equal or greater value is received.
D. Kickbacks Prohibited. It shall be a breach of Contract for any payment,gratuity,or offer of employment to be made
by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any
person associated therewith,as an inducement for the award of a subcontract or order. The Contractor is prohibited
from inducing, by any mums,any person employed under this Contract to give up any part of the compensation to
which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-
kickback"statutes or regulations.
E. Conflict of Interest Prohibited. No official,officer,employee or representative of the County during the term of
this Contract or one(1)year thereafter shall have any interest,direct or indirect,in this Contract or the proceeds
thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the
Procurement Code).
F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest pre-
scribed in this Contract shall be made a condition of and conspicuously set forth in every sub-contract and solicitation
therefor.
G. Coffin,picuously means written in such special or distinctive format,print,or manner that a reasonable person against
whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees,gratui-
ties,kickbacks and conflict of interest,the County shall have the right to:
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(1) Terminate this Contract without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts;
(3) Deduct from the contract price or consideration,or otherwise recover,the value of anything transferred or
received by the Contractor;and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISES
(DBE/MBE/WBE)
A. Pursuant to local,state and/or federal anti-discrimination and affirmative action programs,contractor shall meet all
applicable requirements with respect to employment and subcontracting in connection with
Disadvantages/Minority/Women individuals and enterprises(DME/MBE/WBE).
B. In connection with the execution and administration of this Contract,and any subcontracts,the Contractor shall not
discriminate against any employee or applicant for employment because of race, religion, color,sex, national origin,
age,handicap or status as a veteran.
C. In connection with the performance of this Contract,the Contractor will cooperate with the County in meeting the
County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women
business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum
practicable opportunity to compete for employment and/or subcontract work,if any,under this Contract.
D. The Contractor will furnish all necessary information and reports and will permit access to its books, records,and
accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative
action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested,the Contractor agrees to submit on an Employment Data
Form to be provided by the County,the data showing the utilization of disadvantaged persons,minorities and women
by job category within its organization. Where the Contractor has fifty(50)or more employees or it is participating
in contracts with the County which exceed Fifty-Thousand($50,000.00)Dollars,an Affirmative Action Plan must be
submitted to the County when requested by the County Attorney's Office within ten(10)days after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action
provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be
appropriate,including,but not limited to:
(1) Withholding of payments under the Contract until the Contractor complies,and/or
(2) Cancellation,termination,or suspension of the Contract,in whole or in port.
4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. The performance of work under the Contract may be terminated by the County:
(1) Whenever the Contractor shall default in performance of this Contract in accordance with its terms,and fails
to cure or show cause why such failure to perform should be excused within ten(10)days(or longer as the
County may allow or shorter, but not less than three(3)days, for failure to provide proof of insurance or
maintenance of any dangerous condition)after hand-delivery or mailing to the Contractor of a notice speci-
fying the default. If mailed, said notice shall be sent by certified mail, return receipt requested, to the
address specified herein for the Contractor.
The Contractor shall not be in default by reasons of any failure in performance of this Contract in accordance
with its terms if such failure arises out of causes beyond the control and without the fault or negligence of
the Contractor. Such causes may include,but are not restricted to,acts of God,natural disasters,strikes,or
freight embargoes,but in every case the failure to perform must be beyond the control and without the fault
or negligence of the Contractor. Upon request of the Contractor,the County shall ascertain the facts and
failure,and,if the County shall determine that any failure to perform constituted a valid commercial excuse,
the performance shall be revised accordingly and notice of default withdrawn;or
(2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its
best interest and convenience.
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B. Notice of Termination. In the event of termination for the convenience of the County,the County shall deliver to the
Contractor a written notice of termination, specifying the reasons therefor, and the effective date of such
termination. The effective date shall not be earlier than the date of hand-delivery or the date of mailing of the
notice,plus three(3)business days. The notice of termination shall be sent regular first-class mail to the address of
the Contractor herein provided.
C. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of
the County,unless otherwise directed by the County,the Contractor shall:
(1) Stop work under the Contract on the date specified in the notice of termination.
(2) Place no further orders for materials,services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the performance of work
terminated by the notice of termination.
(4) With the approval or ratification of the County,settle all outstanding liabilities and all claims arising out of
such termination on orders or subcontracts,the cost of which would be compensable or reimbursable in whole
or in part in accordance with this Contract.
D. Termination Payment. After the effective date of a notice of termination for the convenience of the County, the
Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with the
provisions in"Method of Payment,"including costs incurred to the date of termination,and costs insured because of
termination,which termination costs shall not exceed 10%of the total amount of proposal;provided,however,that in
the event of default by the Contractor, no extra costs incurred because of termination shall be pad to the
Contractor and any costs paid shall not be a waiver of any claim,counterclaim or set-off by the County against the
Contractor on account of any default. Such claim must be submitted promptly,but in no event later than thirty(30)
days from the effective date of termination, unless one or more extensions are granted in writing by the County.
Upon the Contractor's failure to submit a claim in the time allowed,the County may review the information available
to it and determine the amount due the Contractor,if any,and pay the Contractor the amount as determined.
E. Termination Settlement. Subject to Paragraph 4.0.,the Contractor and County may negotiate the whole or any part
of the amount or amounts to be paid,upon termination for default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made by the County under "Ter-
mination for Default or for Convenience of County,"except that if the Contractor has failed to submit his claim
within the time provided in Paragraph 4.0.,above,and has failed to properly request extension,he shall have no such
right of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.1).or
4.E.,above,the County shall pay the Contractor:(1)the amount the County has determined if there is no right to
appeal or if no timely appeal has been taken,or(2)the amount finally determined on such appeal if an appeal has been
taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.0.or 4.E.,he can
appeal this decision in writing to the County. Such appeal must be made within twenty(20)days of receipt in writing
of the County's determination. The County shall have twenty(20)days in which to respond in writing to the appeal.
The County's response shall be final and conclusive unless within thirty(30)days from the date of receipt of such
response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration
if required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. This Contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior
written and oral agreements of the parties. In addition,the Contractor understands that unless the contract is for
goods or services of a value less than $25,000, no County official or employee, other than the Board of County
Commissioners acting as a body at a Board meeting,has authority to enter into a contract or to modify the terms of
this contract on behalf of the County. Any such contract or modification to this contract must be in writing and be
executed by the parties hereto.
B. With respect to change orders under the Contract,the County and the Contractor shall process and approve/dis-
approve requests for change orders as otherwise provided in this Contract, subject to the requirements of the
Procurement Code and the Finance Office.
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6. INDEMNITY
A. The 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,
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,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. 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.
7. 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
(with the County named as additional insured)and others as specified,from claims for bodily injuries,death,personal
injury or property damage, which may prise 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
W are required:
(1) Statutory Workers'Compensation: Colorado statutory minimums
(2) Commercial General Liability-ISo 1996 Form or equivalent
Each Occurrence Limit $ ( 0do ocw —
General Aggregate Limit 10OO oc c—
Products/Completed Operations Aggregate Limit /coo0= —
Comprehensive Form(All risks)to include:
Premises/Operations
_Underground,Explosion A Collapse Hazard
_Products/Completed Operations
_Contractual Liability
_Independent Contractors and Subcontractors
_Broad Form Property Damage
_Personal In jury
(3) Business Auto Coverage:
Combined Single Limit Liability(each accident)
Coverage to include:
x Any Auto
_AII Owned Autos
_Hired Autos
_Non-Owned Autos
_Garage Liability
(4) Special Coverages(check as appropriate):
_(1)Performance Bond _100%of contract_
Labor and Material
Payment Bond _100%of contract_
�_(2)Professional Errors and Omissions
_(3)Aircraft Liability
_(4)Owner's Protective
_(5)Builder's Risk amount of Project
_(6)Boiler and Machinery
_(7)Loss of Use Insurance .,��{
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(8)Pollution Liability
(9)Crime,including Employee Dishonesty Coverage,or Fidelity Bond
B. To provide evidence of the required insurance coverages,copies of Certificates of Insurance in a form acceptable to
the County shall be filed with the County(through the Project Manager)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 arty contract and grounds for rescission or termination. 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 County(through the Project Manager). (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-current policy declarations page).
Simultaneously with the Certificates of Insurance,the Contractor shall file with the County(and promptly update,as
necessary) a certified statement as to claims pending against the required coverage's, reserves established on
account of such claims,defense costs expended and amounts remaining on policy limits.
C. In addition,these Certificates of Insurance shall contain the following clauses:
(1) 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.
(2) 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.
(3) 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.
(4) Location of operations shall be:"all operations and locations at which work for the referenced Project is being
done."
D. Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least fifteen(15)days
prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or there-
after.
E. The County reserves the right to request and receive a copy of any policy and any policy endorsement.
8. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for any Contract shall not include Federal Excise
Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5K
B. Pursuant to state statute and to the extent permitted by law,Colorado labor shall be employed to perform the work
to the extent of not less than eighty percent(807.)of each type or class of labor employed on such project;except
for highway construction,which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide
residents of Colorado with a preference to residents of the County where the work is performed.
C. Preference is given,to the extent permitted by law,to:materials,supplies and provisions produced,manufactured or
grown in Colorado,quality being at least equal to materials,supplies and provisions from outside the state;and to local
(Roaring Fork Valley)services and labor of quality at least equal to non-local services and labor.
9. RECORDS
The Contractor shall maintain comprehensive,complete and accurate books, records,and documents concerning its
performance relating to this Project for a period of three (3)years after final payment on the Project and the
County shall have the right within the three-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.
10. SUCCESSORS AND ASSIGNS
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This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the County and the
Contractor respectively and their agents,representatives,employees,successors,assigns and legal representatives.
Neither the County nor the Contractor shall have the right to assign or transfer its interest or obligations hereunder
without the written consent of the other party,which consent shall not be unreasonably withheld.
il. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties,
except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written
permission,any rights to claim damages or to bring any suit,action or other proceeding against either the County or
Contractor because of any breach hereof or because of any of the terms,covenants,agreements or conditions herein
contained.
12. AGREEMENT MADE IN COLORADO
The parties agree that this Agreement 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.
13. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement,the prevailing party
shall be entitled to its costs and reasonable attorney's fees.
14. ON TICES
Unless otherwise provided in the Contract Documents,all notices under the Agreement shall be sent certified nail,
return receipt requested,and shall be effective upon receipt or three(3)business days after nailing,whichever is
first.
15. Year 2000 Issues
Contractor hereby releases and holds Pitkin County harmless from any and all claims and causes of
action relating to performance of this Agreement of any nature whatsoever in tort, contract, or
otherwise,for any action,inaction or for any loss or damage attributable to,resulting from,arising out
of or in connection with a year 2000 error.
16. Governmental Immunity
Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this
Agreement,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,
Lt. M., 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 these Required Clause or any other Contract Document 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.
17. 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 Agreement 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 this
agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the
then current fiscol year of Pitkin County. No provision of this agreement 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 agreement
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 agreement 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 4e
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agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any
class or source of Pitkin Couniy's money.
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MEHEEN ENGINEERING CO.
June 2, 2000
Ms. Temple Glassier
Project Manager
76 Service Center Road
Aspen, CO 81611 SUBJECT: Rio Grand Trail, Bridges
Dear Temple:
After our meeting on Wednesday 31 May, 2000, I visited with Ralph Trapani of CDOT in
Glenwood Springs. He had several concerns, especially about the location of the light rail, which
may occupy some of the same right of way as the trail. Or it could possibly cross under the trail
bridge and require substantial vertical clearance. Please contact him to see if some of these
uncertainties can be resolved.
I was able to get enough information from Ralph to write the enclosed proposal, as a basis for the
design contract.
PROFESSIONAL SERVICES PROPOSAL
THE PROJECT
This project involves two bridges. One new bridge over pass at State Highway 82 at the intersection of
Hoagland Road. The purpose of this bridge is to carry a pedestrial and bicycle trail over State
Highway 82. It is to match the existing railroad bridge in appearance and architecture as much as
possible.
The second bridge is the existing railroad bridge which needs to be modified for the pedestrian and
bicycle use.
Minimum horizontal clearance is to be 14'-0"and if applicable,the minimum vertical clearance is 12'-
0"inside of the trusses.
It is anticipated that the new bridge will have a clear span of about 220 feet with a vertical clearance as
required by CDOT or light rail.
OUR STANDARD SERVICES
Will include gathering necessary data. Providing you with at least two alternative designs with
preliminary cost estimates. We anticipate 4 co-ordination meetings in Aspen. After the preliminary
designs are reviewed and an alternative is selected we will prepare final calculations and drawings for
your review. After incorporating your comments in the final documents we will furnish you with
reproducible drawings and special conditions for specifications, for production of contract documents.
1562 S. Parker Road, #228, Denver, CO 80231 (303)337-4040 E-mail. meheen0earthlink.net fax.(303)337-4119
OUR ADDITIONAL SERVICE
Are field observation,attendance at pre-bid and pre-construction meetings, revising of final plans due
to unforseen circumstances,public hearings,co-ordination with various authorities, etc.
COMPENSATION
We propose to receive a lump sum fee for our Standard Services.
LABOR - Principal 50 hours @ $119.00 $ 5,950
Design Engineer 200 hours @ 75.00 15,000
Engineer Technician 320 hours @ 55.00 7,600
Clerical 20 hours @ 38.00 760
Total Labor Cost $39,310
EXPENSES - Printing/Reproduction $ 1,200
Telephone,Fax,Postage,etc 200
3 trips to Aspen 750
Misc. 50
Total Expense Cost $2,200
LUMP SUM FEE $41,510
For additional services we will bill you at the labor rates above,plus our actual cost of expense.
Not included in our standard services are:
1. Field surveys
2. Soils investigations.
3. Construction observation
Barring any unforeseen circumstances, or unusual delays in review and approval we will perform
our tasks within 120 calendar days from the date of the Notice to Proceed.
Please accept our appreciation for allowing us to serve Pitkin County.
Sincerely yours,
MEHEEN ENGINEERING CO.
H. Jo eheen, P.E.
President
NOTICE OF AWARD
Date: August 30, 2000
TO: Maheen Engineering Co.
1562 5 Parker Road, #228
Denver CO 80231
The Owner, having duly considered the Proposal submitted on June 2, 2000, for the work covered
by the Contract Document titled Rio Grande Bridges in the amount of Forty One Thousand Five
Hundred Ten Dollars,and it appearing that the Price and other information in you Proposal Form is
fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby
accepted.
In accordance with the terms of the Contract Documents,you are required to execute the
Agreement within ten(10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish and the said time Certificate of Insurance evidencing
compliance with the requirement for insurance as stated in the Contract Documents.
PITKIN COUNTY
Tempe lassier, r ject Ma g
++++++++++++++++ACCEPTANCE OF NOTICE+++++++++++++++++
Receipt of the above Notice of Award is hereby acknowledged
By this day of . 2000.
Title
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