HomeMy WebLinkAboutbocc.con.278.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 278-2008
ORIGINATING DEPARTMENT/DIVISION: BGM
CONTACT PERSON: Jerry Morris PHONE #: 920-5763
PROJECT NAME: Courthouse Sidewalk Repair
❑ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
❑ Over $50,000 (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
DOLLAR AMOUNT: $8.000 BUDGET LINE ITEM/LEDGER NUMBER: 001.17.92817.82274
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance
❑License/Use
❑Lease
®Construction
['Employment (for county employees)
❑ Intergovernmental Agreement (Requires BOCC Action)
❑ Non -Profit
❑Quasi -Public
❑Goods, Equipment, Supplies ❑Grant Agreements (Requires BOCC Action)
❑Other (e.g. revenue) ❑Change Order/Contract Amendment
CONTRACTOR: Avcon Constructors, Inc COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor)
Contract Execution Date:October 8, 2008 Contract End Date: October 31, 2008
Automatic Renewal: ❑Yes NNo Term of Contract:
All Contracts should be proofed for the following:
1 ZNo Pages Missing
✓ ®If a Page is Left Intentionally Blank —Note on Page
1 ZPage numbered consecutively
✓ ZAI1 Signatures Affixed
1 ZAII Dates Filled In
1 ZAII Other Blanks Filled In
1 ZAII Exhibits Attached
1 ❑HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
1 EAU Legal Descriptions Attached (if applicable)
✓ ❑Notice of Award/Notice to Proceed Attached (if applicable)
✓ ❑Warranty (if applicable)
✓ ❑Special Instructions for Finance Department:
✓ ®Sent to Clerk and Recorder for Scanning/Archiving
✓ ❑Authorized Staff Person's Name: Jerry Morris
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
278-2208
CONTRACT FOR PROVISION OF SERVICES
Courthouse Sidewalk Repair
Contract #278.2008 Ledger # 001.17.92817.82274
Rev. 03/05/08 js
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Avcon Constructors, Inc (hereinafter "Contractor").
1. Term. The term of this contract is from October 8, 2008 to October 31, 2008.
2. Contractor's Obligations.
• Contractor shall Replace a 6" X 7"8' section of colored stamped sidewalk located
in front (Main Street) of the Pitkin County Courthouse 506 East Main Street,
Aspen, Colorado as shown on attachment A.
• As per Avcon Constructors Estimate dated September 19, 2008. Attachment B.
• Follow all requirements for working in the Public right- of —way.
• City of Aspen Permit provided by Pitkin County and one parking space on Galena
Cr.
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 $8000.00 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 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 Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this contract shall be the
property of the County. However, Contractor shall have the right to utilize such documents in
the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
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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 Countv's Obligations. Pitkin County shall administer this contract through a
County Representative. Jerry Morris will manage the project as the County's Representative. In
the event that Jerry Morris is not available, Jodi Smith shall assume the County Representative's
duties. The services provided and products delivered by the Contractor under this contract will
be subject to review by the County's Representatives, or a designee, for compliance with
Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause, by giving written notice to the Contractor of such
termination and 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 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.
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27&2208 Rev. 03/05/08 js
8 Assignability. 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
arbitration. The parties agree that any disputes conceming the terms 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 arbitration shall be awarded to the substantially prevailing party.
10. Severability. 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. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract, either written or
oral. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. 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.
12. Indemnity.
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 (in-
cluding 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.
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.
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278-2208 Rev. 03/05/08 js
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 are indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability — ISO 1998 Form or equivalent
(With County named additional 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
X Premises/Operations
_ Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000,000.00
4. Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9)Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the
County through the representative identified in Paragraph 5, no later than ten (10)
calendar days prior to commencement of operations affecting the County. Failure to file
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278-2208 Rev. 03/05/08 js
or maintain acceptable Certificates of Insurance with the County is agreed to be a
material breach of any contract. These Certificates of Insurance shall contain a provision
that coverage afforded under the policies will not be canceled or materially altered unless
at least thirty (30) calendar days prior written notice by certified mail, return receipt
requested (effective upon proper mailing), has been sent to the County (through the
County's Risk Department). (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's Risk Department (and promptly update, as necessary) 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.
2. In 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
for assessments under any form of policy.
c. Any and all deductibles in the above -described insurance policies
shall be assumed by and be for the amount of, and at the sole expense of the
Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the term of this contract.
14. Exemptions 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
84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of three
(3) years after final payment under the contract and the County shall have the right within the
three (3) year period to inspect and audit these books, records and documents, upon demand, in a
reasonable manner and at reasonable times, for the purpose of determining, by accepted
accounting and auditing standards, compliance with all provisions of the contract and applicable
law.
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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. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party
shall be entitled to its costs and reasonable attorney's fees.
18. Governmental 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.
19. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating a multiple -fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any
class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the
future issuance of Pitkin County's bonds or any obligations payable from any class or source of
Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through
any of the following: (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
Procurement Officer
Jerry Morris
485 Rio Grande Place Unit 101
Aspen, Colorado, 81211
Fax 970 920 5285
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
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B. To Contractor:
Avcon Constructors, Inc
55 Vaquero Trail
Greeley, Colorado, 80634
Fax 970 506 0802
21. XXI. Compliance with House Bill 06-1343 and House Bill 07-1073
A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8
of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens -Public Contract
for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform work under
this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the
General Assembly of the State of Colorado:
1. The Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who are newly hired for employment in the United States
through participation in the Basic Pilot Program [created in Public Law 208, 104th
Congress, or its successor and expanded in Public Law 156, 108th Congress, or its
successor, that is administered by the United States Department of Homeland Security]
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
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Jan 30 2OU9 9:41RM
27a-7Z0a
Pitktn COUntb
b. Terminate the subcontract with the subcontractor i
days of receiving the notice required pursuant to subparagraph (a
paragraph (3) the subcontractor does not stop employutg er con
illegal aliens; except that the Contractor shall not terminate the co
subcontractor if during such three days the subcontractor provide
establish that the subcontractor has not knowingly employed or c
illegal alien.
4. The Contractor shall comply with any reasonable
Department of Labor and F nploymtent made it the course of an rove
Department of Labor and Emptoymant is undertaking pursuant to the art
in Subsection (5; of C.R.S. § 8-173.102.
IT WITNESS WHEREOF. the parries have executed this contract as of the fete
herein above.
CONTRACTOR:
By:
Tide • /a-1-08
Date
BOARD of COUNTY COMV ISIONERS OF PITICIN COUNTY, COLORADO:
By: 1 Cal•0V
Jerry ens Authorized Signer Date
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Attachment A
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