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Home My WebLink Aboutbocc.con.326.2008 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNINGfARCHIVING CONTRACT 326-2008 ORIGINATING DEPARTMENT(DIVISION: Road and Bridge CONTACT PERSON: Temple Glassier PHONE 920-5211 PROJECT NAME: Road Crack Seal Annual Contract ? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (Requires BOCC' Signature) (per Revised Procurement Code 7/2005) ? Over $54,004 {Requires County Manager's Signature) ? CHECK PROCUREMENT TYPE: ?None ?Informal ®Formal ?Sole Source ?Emergency ?State Bid ? ?Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc DC).I,I:~.AR AMOT:.?NT: $61,500.00 BUDts.F.,T .I.I.11TE ITENI/I.,FD(s.ER NUIi!I.BER: 110.54.96300.82727 ? CHECK CONTRACT TYPE: ®Services/Maintenance ?Employment (for county employees) ?License/Use ?Intergovernmental Agreement (Requires BC:)C.~:' Action) ?Lease ?Non-Profit ?Construction ?Quasi-Public ?Goods, Equipment, Supplies ?Grant Agreements (Requires 13t)CC' ;zlction3 ?Other (e.g. revenue) ?Change Order/Contract Amendment CONTRACTOR: Sealco COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:S/2008 - 5/2009 Contract End Date: Annual Contract to be renewed up to 5 year exp. 2012 Automatic Renewal: ®Yes ?No Term of Contract: annually up to 5 years ~'T~P~ 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 ? ®HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract ? ?All Legal Descriptions Attached (if applicable) ? ?Notice of Award/Notice to Proceed Attached (if applicable) ~,q~ ? ?Warranty (if applicable) ~ jj ? ?Special Instructions for Finance Department: ? ?Sent to Clerk and Recorder for Scanning/Archiving ? ®Authorized Staff Person's Name: Temple Glassier B~' CH.EC'I{IN(~ ABOVE AND ENTER.INC~ NAMF,, TH.E AI.7THORI7..FD STAFF Pl<:RSON INDIC"AYES TH. A'1' 'l'IIE A'I7'ACIICLD DOCUR~IENT IIAS BEEN PROC)FEl) AND READY FOR SCANNINC;~. NOTE: CLERK' S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. Pitkl.Il l~OllIlt'~ Public Works 76 Service Center Road • Aspen, Colorado 8161 1 (970)920-5390 fax 920-5374 August 4, 2008 SealCo, Inc. 182 Tobin Lane Gunnison CO 81230 RE: Contract Renewal To Whom It May Concern: You are hereby authorized to proceed on August 4, 2008, with the work covered by the contract documents titled: Annual Crack Sealing. Please contact me at 970-920-5046 to make arrangement to start work. Thank you, t Q = . t B Date: v ' ~ d -~r~,~- Brian Allen, R&B Operation Supervisor x t << +Y.~ LL~. ,~~sff ~r ~ k \j~' + ~f~~. VAvSy 1 0.~ ~ `~~~j'7 •.~T. yy ~i4 .~.~~t~yy ~i yq Road & 9ridge Transportacion Projecc Mgmc. TV & FM Land Mgmc Bldg Facflicles Fleet Resource Remver.~r (970)920-5646 (970)920-52Ab (470) 924-539fi (970) 920-5395 (970)920-5214 (970)920-5337 {970)920-5343 (970)423-3487 fax 920.5374 fax 920-5374 fax 920-3374 fax 420-5374 fax 920-5374 fax 920-6015 fax 920.5764 fax 923-2043 CONTRACT # G 68' q~#: ~ y* P. ~'V. l! - ~ a~, ¢ .tom . fi'r' . ~ . ~p ~ mF t ~i' •r._ Rev. 10/02/0~ AGREEMENT FOR PROVISION ®F SERVICES THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entexed by and between Pitkin County, Board of County Commissioners ("Pitkin County's and SealCo Incorporated, 182 Tobin Lane. Gunnison. Colorado 81230 (877) 973~ZS26 (hereinafter "Contractor"}. , 1. ose. The purpose of this Agreement is to complete the P$~n~unt~ Annn~l Crack Sealing. Exb~ibit A Sea1Co Proposal 2. Te m. The teim.of this Agreement is from May 1, 2004 to May l~, 2005. At the expiration of the ini#ial term, the Agreement maybe extended far an additional terra of up to 5 years by the express written consent of both parties. 3. • Contractor's Obligations. Contractor shall complete the Pitkin County Annual Crack SealinaperExhibit A -Contractors Proposal Dated April 22, 2404. 4, Compensation and Expenses Invoicing Payment, and Offset. The County shall pay • the Contractor fox performance of services hereunder. Payment of invoices submitted by Contractor he~mder is contingent upon completion of each task to the satisfaction of the County. Invoices shall • itemize specific work done to complete the task, and include receipts for all xembursable items. Within thirty (30) days of receipt of an invoice and approval thereof as required hereunder, payment shall be made by the County, but any payment by.the County may be offset by any amount the Contractor owes the County for any reason. Reimbursable expenses are {leTA) miay be billed on a monthly basis and Will be paid within thirty (30) days of receipt of the invoice wi#h a top-sue of {IOTA}. In no event shall the total charges for services and reimbursements exceed (36,000.00) See earl~it A contxactar's proposal. In the evert the Contractor incurs time and expenses above said amount, no compensation for said additional time and expenses shall be required to be paid by the County withc5ut written authorization by the County. 5. County's Exclusive Ownership of Work Product. All work produced pursuant to this Agreement becomes the properly of Pitkin County. b. P}tkin County's Obligations. Pitkin County shall administer this Agreement through a County Representative. Jodi Smith, CountyProject Manager will manage the project as the County's Representative. In the event that Jodi is not available, Gilbert Meraz. Court RtY oad & rid a shall assume the County R,epresentative's duties. The services provided and products delivered by the Contractor undex this Agreement will be subject to review by the County's . Representatives, or a designee, for compliance herewith. The review comments oftthe County's Representative may be reported in writing as needed to the Contractor. To prevent an unreasonable delay in the Contractor's wank, the County's Representative will endeavor fo examine alI deliverable products and other documents and will accept same and authorize payment or will specify necessary changes within ten (10) woxking days of receipt of such documents. 7. Cancellafion. Tn addition to the right of ternunation referenced in Required Clauses hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Fitkin County in its sole discretion, upon written notice to Contractor as provided in Paragraph 11 herein. 8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification, are attached hereto and incorporated by this reference. 9. Independent Contractor Status. - _ a The parties to this- Agreement intend that the relationship between them • contemplated by the Agreement is that of independent Contractor. Contractor, and any -agent, employee, or servant of contractor shall not be deemed tv be an employee, agent, or servant of Pitkin County. b. Contractor is not required to offer his services exclusively to Pitkin County - under this Agreement. Contractor may choose to work for other individuals or entities during the terns of this Agreement, provided that the ba~c services and deliverable products required under this Agreement are submitted in the manner and on the schedule -defined under this Agreement. - a Contractor warrants that all work produced will conform to alI applicable industry sfandard of care; skill and diligence in the performance of Contractor's obligations under this Agreement. 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 Agreement. 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. 10. Assignablility. This Agreement is not assignable by either party. 11. Severability. If any clause, provision, subsection, Section or Article of the Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or unenforeeability of such clause, provision, subsection, Section or Article shall not affect any of the reRmFl~ning provisions of the Agreement. 12. Notice. Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1} hand delivery to the person at the address below; (2) - delivery by facsimile with cornfiimation 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 With Copies To: Jodi Smith, County Project Manager Pitkin County Attorney's 4ffiee . ..~..:~...~...~V,. r~ 76,..Service Center Road 530 E. Main Street, #302 Aspen, Colorado.81611 Aspen, Colorado 81b11 Fax ; (970) 920-5374} Fax: {970) 920-5198 B. ~ ~ To Contractor: _ . SealCo Incorporated ~ ' 182 Tobin Lane Gunnison, Colorado 81230 Fax (970) 641-477 13. Modification. This Agreement may only be modified by written agreement ~af both parties hereto. A~.y modifications hereof are subject to the requirements of the Pitkin County Procurement Code and the Required Clauses attached hereto. • IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above. ~ - CONTRACTOR: ~ . B y Title t ate PTTKIN COUNTY: By: ~i ~ ZT~~~ Jodi S ,County Project Manager . -ate F ,b 'c Works Direc r Date Gilbert eraz ad & Bridge ~ Date Temple C3iassier, Public Works Deputy Director Date 9 Y PAGE 01/02 04/04/2007 18:29 9706412477 , TOLL FREE: ' X-877-9-SEA.LCO . WWW.Si:AI.C;C)INCCIIZF.C?R ATEI).CC)~ ~ A~~~M~~"~-~IA~TED ~ r~ m .r r~~ +.--.rmamr..w~ i~w.r..w.reas..~ra~~r rte,.. ~r~ APRIL 4, 2007 BRUCE BI:NS4N PITKfN COUNTY 76 SERVICE CEN'FF_R ROAD ASPEN, CO 81619 RE; HISTORICAL CRACK SEAL. INFO MR, BENSON, lT WA5 A PLEASURE TO SPEAK WITH YOU TODAY ABOUT PIT'KIN COUNTY'S ASPHALT MAINTENANCE NEEDS. BELOW IS A HISTORICAL ACCOUNT OF CRACK SEALING OPERATIONS FROM 2003 - 2006 COMPLETED 6Y OUR COMPANY. WE LOOK FORWARD TO SERVING YOUR NEEDS AGAIN THIS YEAR- HISTORICALLY WE HAVE pROVIDEi~ ALL TRAFFIC CONTROL, MATERIALS AN4 LABOR TO COMPLETE TYlE CRACK SEAI.IN(3, OUR COMPANY HAS ON STAFF FEVE TRAFFIC CONTROL SUPERVISORS AND ALL.OF OUR CREW MEMBERS ARE CERTIFIED FLAGOERS, IN FACT, !AMA 8TATE CEFtTiFIED PROCTOR FOR ADMINISTERING THE FLAGGSR CERTIFICATION. STARTING LAST YEAR, WE ARE NOW ABLE TO OFFER TO OUR CUSTOMERe, TWO PORTABLE CHANGEABLE MESSAGE BOARDS. THE ROADSIDE FLASHING SIGN THAT SAYS "ROAb WORK MARCH 3 - 5EPT 5" FOR EXAMPt,1=, fF THESE MAY BE OF SERV)CE TO YOU FOR THIS PROJECT OR ANY OTHER, INCLUDING SPECIAL >;VENTS, PLEASE LET ME KNOW. THANK YOU AGAIN FOrx YOUR TIME AND CONSIDERATION; WE LOOK FORWARD TO SERVING YOU. RESPECTFULLY ~ . JIM SCALES 4~'%t~ ~ ~ ~ 2006 ~ 04 WOOT~Y CEe>;EK ROAD -AEI. CRACK S>"AL: UPPER RIVER ROAD MM 0.0-MM 4.9 WILLOUGHBY WAY - INTERSECTION TO END +I CRACK SEAL: MCLAIN FLATS ROAD SMALL BTRETCtt OFF WWY 82 8R4JSH GREFK ROAD - INTEFiS6CTIDN'fO 1;Np 12 MILES? 7 TO INTERSECTION OWL CREEK ROAD - HWY B2 TO COUNTY LINE CRACK SEAL• CASTLE CREEK ROAD MM 4.9 MM 8,9 CAPITAL CRE1=K - SNOWMASS CREEK TO END ~ CRACK SEAL: SNOWMASS CREEK ROAD MM O.Q ~ MM 1,B SMITW WAY FRYING PAN ROAD PUHLIC WORKS PARKING AREA ~0~3 BRIDGES: CASTLE CREC'K MM 0,0 - MM 4.6; MM a,8 - MM 1 t .t UPPER REDSTONE MCCAIN FLATS MM 0,4-MM 4,6 LOWER REDSTONE UPPER RNER ROAD MM 4.9 - MM 8.3 REDSI.ONF W{NCt-I SNOWMASS C4iEEK ROAD MM 0.0, MM 1.8 SMITW WAY t~EReAZ LOWER RIVER , SNOWMASS GREEK UPPER FRYING PAN LOWER FRYMG t~AN EMMA TRAIL PoanON 1N BASALT; HWY. 82 UNDERPA53 TO POST OFFICE 726 N. MAIN 5`Z'. SUI'T8 501 GUNNISCIN, CQLC)I~ADO $1230 tatJNNISON~ 9?0-G41-4zG0 ?<40NTRC)SLs 970.249-$61Z FAX: 47Q-G4J.-7.47? RECEIVED TIME APR. 4. 11:21AM P~t~in County P~li~ wo>rk~ 76 Service Center Road • Aspen, Colorado 816! 1 (970)920-5390 fax 920-5374 May 4, 2007 SealCo, Iuc. 182 Tobin Lane Gunnison CO 81230 RE: Contract Renewal Dear Jim Scales: You are hereby authorized to proceed on May 4, 2007, with the work covered by the contract Documents titled: Annual Crack Sealing. Please contact Bruce Benson, at 970-920-5043 to make arrangement to start work. Mr. _ Benson will provide you with a list of work to be completed in 2007. Thank you, ~ _ m'~ - --..~'~r'::.-~ Date: c;? ~ ~ _ - Temple Glassier - 1Depury Director of Public Works ~ _ _ - "Y's-~~ ~s • ~ ' _ it ~~5~ _ - _ - I . - _ _ ~~r-^"s _ . _ -ter r~ .__c_. ~ _ - - - _ :ia ~ _ - - ~ - - - - - 1.-- ~ - . - _ . _ - c- _ _ ~ _ _ _ _ _ _ ..y.: ~E?:;: .:_.rir-: ...y.. ~ . _ ...fir. 'a;:'_... . Road & Sridga Transportation Project f+igmt Translator Land Mgmt Bldg Facilities Fleet Resource Rewvery Env Wlth & Natl Resource (970)920-5046 (970)920-5206 (970) 920-5396 (970) 920-5395 (976)920-5214 (470)920-5337 (970)42(1-5393 (970)923-3487 (970}920-5070 ~ _ _ non r.-- mn cv~~ c o~n c»a 09n_C~7d E g7nsn 1 S fay g9R_S76b fax 923_2043 fax 920-5077 02/27/2009 08:54 9706412477 PAGE 01/02 FEB/26/2009/'f HU 06:44 PM Pi tk in Publ is U4ortts FAX No, 970 920 5374 F. 002 ~ 326~2~5 Exhibit to Pitkin County Contract #326-2008 Co lance 'th House Hill 06-1343 and o e Bi1107-1073 ,A.. 7n compliance with Htruso >Bi1106-1343 and House Bi1107-1073 amen+diuag Title B of the Colorado Revised Statutes by the addition of ,Article 17.5, Alegal Ali~sns-Fublie Contract for Services, enacted by the Generll. Assembly of the State o£ Colorado, the Contractor shadC nor: 1. Knowingly employ or contract with an illegal alien Co perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify c0 the Contractor that the subcontractor shall not krnowingly errlploy or contract with illegal alien to perform work nnder this contract. B. In cotxtpliance with House Bi1106~1343 and House Hill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment crib bility of all ernPloyees who are newly hired for etployment, in the Uruited Steles through pardcipatian 111 the Basic Pilot Program [created in P'tablic Law 208, 104th Congress, or its successor and expanded in Public I.aw 156, 108'" Congress, ar its successor, that is administered by the United States nepartment of Homeland Security] and, if the Contractor is trot accepted iunto the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic ;Pilot Program every three r?aonths utttil file Contractor is accepted dr t>ais 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 pzohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this contract is beingperfornned. 3, if the Contractor obtains actual knowledge that a subcantracror penfortraing work under this contract knowingly employs or contracts with an illegal alien, the Contractor sha11 ba required to: a. Notify tilt 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 subcotttcaet with the subeantractor if withirt three days of reeeiviag the notice recruited 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 teiininate the contract with the subcontractor if darimg such three days the subcontractor provides information to establish that the 5ubcontl'aetor has not knowingly ernployed or contcactcd with Qn illegal alien. 4. The Contractor shall comply with any reasonable retltrest by the Department of Labor and Employment made in the course of an iutvestigation drat the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-X02. Signed and dated this day of ~ ~ 20 PITKIN Ct)U1VTY: c+~NTRnCTOR: ~ 13 ~'~'L By Authari~ed Si~,_ J 6V Title: l / ~Z~ Acpertment; /'j~ Compnny Npme :,,__C~`~~/ r