HomeMy WebLinkAboutbocc.con.056.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 056-2010
ORIGINATING DEPARTMENT/DIVISION: GIS
CONTACT PERSON: Mary Lackner PHONE #: 920-5106
PROJECT NAME: Pitkin County Aerial Flyover: Digital Orthophotography
❑ BOCC AGENDA ITEM ❑STAFF AUTHORIZED SIGNATURE
{I2equires BOCC Signature) (per Revised Procurement Code 7/2005)
� Over $50,000 (Requires County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:,
�None �Informal �FormalOSoIe Source DEmergency OState Bid ❑
❑Compliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, e�
-,�
D�LLAR AMOLTNT: $101,405.00
✓ CHECK CONTRACT TYPE:
�Services/Maintenance
❑License/Use
❑Lease
❑Construction •
❑Goods, Equipment, Supplies
❑Other (e.g. revenue)
BiTI)GF.T LINT ITEM/LEDG.F.R NUMI3FR: 001.19.91502.86000
❑Employment (for county employees)
❑Intergovernmental Agreement (Kequires �30CC Action)
ONon-Profit
❑Quasi-Public
❑Grant Agreements (Requires I3UCC Action)
❑Change Order/Contract Amendment
CONTRACTOR: Aero-Graphics, Inc. COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor)
Contract Execution Date:4/29/2010 Contract End Date: 12/21/2010
Automatic Renewal: ❑Yes �No Term of Contract: Until completion of project
�
'ST�' 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)
✓ ❑Warranty (if applicable)
✓ ❑Special Instructions for Finance Department:
✓❑Sent to Clerk and Recorder for Scanning/Archiving
✓ ❑Authorized Staff Person's Name:
BY CHECKING ABOVF.. AND F,NTERING NAME, THE AUTHORIZF.D STAFF PERSON INDICATFS THAT
THE ATTACHEll llOCUMENT HAS IiEEN PROOFED ANll 12EADY FOR SCANNING.
NOTE: CLERK' S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE.
Contract # 056-2010
Ledger # 001.19.91502.86000
� .� �
CONTRACT FOR PROVISION OF SERVICES
Rev.12/10/09 jls
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Aero-Graphics, Inc. 40 West Oakland Ave, Salt Lake City, UT
84115 (hereinafter "Contractor").
1. Term. The term of this contract is from Apri123, 2010 to December 31, 2010. At the
expiration of the initial term, the contract may be extended for an additional term of three months by
the express written consent of both parties.
2. Contractor's Obli�ations. Contractor shall provide aerial photography according to the
specifications and representations indicated in the Contractor's March 29, 2010 Proposal and
additions noted in the Aero-Graphics letter dated 4/21/2010. The additions include:
A. Dividing the project into a spring and summer mission with the split indicated
in the Elevation_Split.shp provided by the County and shown on the attached map
titled "2010 Spring and Summer Flyover Areas". The spring flight will be flown at
4800' AGL and imagery provided at 0.5' pixel resolution. The summer flight will be
flown at 6000' AGL and imagery provided at 1.0' pixel resolution.
B. The area around the Town of Basalt as been added to the project extent and is
indicated in the 2010_extent updated.shp and shown on the attached map titled
"2010 Updated Flyover Extent".
C. The County will pay invoices as tasks are completed. The County will retain
10% of the total contract amount until final project acceptance by the County. The
County has 45 days from the receipt of the final delivery to accept or reject the
project.
3. Compensation and Expenses. Invoicin�. Pavment 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 $101,405.00 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
Contract # 056-2010 Rev.12/10/09 jls
Ledger # 001.19.91502.86000
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. Countv's Exclusive Ownershin of Work Product.. Drawings, specifications, imagery, terrain
models, 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 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 Obli�ations. Pitkin County shall administer this contract through a County
Representative. Mary Lackner will manage the project as the County's Representative. In the event
that Mary Lackner is not available, Jim Considine 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 Exniration 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.
Contract # 056-2010
Ledger # 001.19.91502.86000
Rev.12/10/09 jls
E. Contractor is not entitled to any Warkers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assi�nabilitv. 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. Bindin� Arbitration. 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. 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. Severabilitv. 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. Inte�ration 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. T'his
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. Indemnitv.
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.
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.
3
Contract # 056-2010
Ledger # 001.19.91502.86000
Rev.12/10/09 jls
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 are indicated by an "X", are required:
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 PersonalInjury
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 com-
4
Contract # 056-2010
Ledger # 00119.91502.86000
Rev.12/10/09 jls
mencement of operations affecting the County. Failure to file or maintain acceptable
Certificates of Insurance with the County is agreed to be a material breach of any contract.
These Certificates of Insurance shall contain a provision that coverage affarded 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. Exemntions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, 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.
5
Contract # 056-2010 Rev.12/10/09 jls
Ledger # 001.19.91502.86000
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. Attornev'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 Immunitv. 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 Obli�ations. 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:
I:1
To Pitkin County
Mary Lackner
130 S Galena
Aspen, CO 81611
Fax: (970) 429-1835
with conies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
:
To Contractor:
Aero-Graphics, Inc.
0
Contract # 056-2010
Ledger # 001.19.91502.86000
40 West Oakland Ave
Salt Lake City, UT 84115
Fax: (801) 487-3313
Rev.12/10/09 jls
21. XXI. Comaliance with House Bi1106-1343 and House Bi1107-1073,
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, 108 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
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
Contract # 056-2010
Ledger# 001.19.91502.86000
Rev.12/10/09 jls
that the Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
4. The Contractor shall comply with any reasonable request by the Department
of Labor and Employment made in the course of an investigation that the Department of Labor
and Employment is undertaking pursuant to the authority established in Subsection (5) of
C.R.S. § 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR:
By: "
Title ���pE�"T `-}',Z���o
Date
BOARD of COLTNTY COMMISIONERS OF PITKIN COtJNTY, COLORADO:
By:
Authorized Signer
By �'-�i 1,�.,-�,- �l�,..�
Hilary Fletc,l4�r, County Manager
C/
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