HomeMy WebLinkAboutbocc.con.158.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 158-2010
ORIGINATING DEPARTMENT/DIVISION: Airport
CONTACT PERSON: Scott Benesh PHONE #: 429-1871
PROJECT NAME: On call Fire protection/services
❑ BOCC AGENDA ITEM �STAFF AUTHORIZED SIGNATURE
(Requires $OCC Signature) (per Revised Procurement Code 7/2005)
❑ Over $50,000 (12cqnires County Managcr's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None �Informal ❑Formal ❑Sole Source DEmergency ❑State Bid ❑
❑Compliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, etc
�DOLLAR AMOONT: varies/on call
404.29.0.82803
✓ CHECK CONTRACT TYPE:
� Serv ices/Maintenance
❑License/Use
❑Lease
�Construction
❑Goods, Equipment, Supplies
❑Other (e.g. revenue)
BUDCET L►NE ITEM/LEUGER NUMBER: 404.20.0.8200Q
(for counry employees)
iental Agreement (Requires I30CC' Action)
-Public
Agreements (Requires F30CC Actiun)
;e Order/Contract Amendment
CONTRACTOR: Tri County Fire Protection COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor)
Contract Execution Date:09-09-2010 Contract End Date: 12-31-2011
Automatic Renewal: ❑Yes �No Term of Contract: 16months with two twelve month extension
�
s �� All Contracts should be proofed for the following:
✓ �No Pages Missing A ����
✓❑If a Page is Left Intentionally Blank —Note on Page
✓ �Page numbered consecutively Q � I
✓ �All Signatures A�xed �(�' V
✓�All Dates Filled In v�v �•
✓ �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(ifapplicable)
✓ ❑Special Instructions for Finance Department:
✓ �Sentto Clerk and Recorderfor Scanning/Archiving
✓�Authorized Staff Person's Name: Francey Jesson
BY CHECKINC ABOVC ANU ENTCl2ING NANiE, THE AUTHORIZED STAFF PERSON 1NllICATES THAT
THE ATTACHCU DOCIJMENT HAS BEEN PROOFCD ANll READY FOR SCANN(NG.
Contract #158-2010
Ledger #404.20.00000.82000
#404.29.00000.82803
� ri
Rev. 12/10/09 jls
THIS CONTRACT is made and entered by and between the Pitkin County Boazd of
County Commissioners ("County") and Tri County Fire Protection (hereinafter "Contractor').
1. Term. The term ofthis contract is from September 09, 2010 to December 31, 2011. At
the expiration of the initial term, the contract may be extended for an additional term of two
yeazs by the express written consent ofboth parties.
2. Contractor's Obligations. Contractor shall perform Annual Fire Protection Services, as
described below, at the Aspen/Pitkin County Airport Terminal Building located at 0233 East
Airport Road and Airport Operations Center (AOC) building located at 1010 Owl Creek Road.
Extinguisher Inspection/Repair/Replacement,
Backflow Preventer Inspection/Repair,
Fire Sprinkler and Alarm System Test/ Inspection/Repair
3. Comnensation and Exnenses. Invoicine. 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 $765.00 for annual
AOC building inspection, $710.00 for annual Terminal building inspection. Additionally, as-
needed repairs shall not exceed $85.00 per hour and Contractor may not begin as-needed repairs
without express authorization of County. Inspection of fire extinguishers shall not exceed $4.00
per unit. Replacement of any fire extinguisher, if necessary, shall not exceed the following per
unit prices; five (5) pound -$50.00, ten (10) pound- $75.00, twenty (20) pound -$]05.00.
Rechazging ofany fire extinguisher, ifnecessary, shall not exceed the following per unit prices;
five (5) pound -$15.00, ten (10) pound- $25.00, twenty (20) pound -$35.00. Hydrostatic testing
of fire extinghishers, if necessary, shall not exceed $5.00 per unit. 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 amount the Contractor owes the
County for any reason.
CONTRACT FOR PROVISION OF SER I�ICES
Contract #158-2010
Ledger #404.20.00000.82000
#404.29.00000.82803
Rev. 12/10/09 jls
4. Countds Exclusive Ownershin 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, Contractar shall have the right to utilize such dowments in
the course of its mazketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all wark prepared, developed, or created pursuant
to this contract, includ'mg 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 Oblieations. Pitkin County shall administer this contract through a
County Representative. The Airport Facilities Manager will manage the project as the County's
Representative. In the event that the Airport Facilities Manager is not available, the Airport
Facilities Supervisor shall assume the County Representative's duties. The services provided
and products delivered by the Contractor under this wntract 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 (] 0)
days before the effective date of such termination. In such event all fmished or unfmished
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 ofthis
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
ofthe contract by the Contractor.
7. Indenendent 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 aze submitted in the manner and on the schedule defined under this wntract.
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.
�.�
Contract #158-2010
Rev. 12/10/09 jls
Ledger #404.20.00000.82000
#404.29.00000.82803
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent m the wurse of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assienabilitv. This wntract 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. Bindine Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes wncerning 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 ofthis contract shall remain valid and binding upon the
parties hereto
11. Inteeration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractar and supersedes all prior negotiations, representations, or contract, either written or
oral. This wntract 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 (in-
cluding costs of investigation and defense), fees (including reasonable attomey 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 consequentialliability alleged to accrue against the County
on account ofthe Contractor's acts, errors or omissions; provided, however, that such indemnity
shall not be construed as an indemnity for bodily injury or property damage azising from the sole
negligence ofthe County or its employees.
Contract #158-2010
Ledger #404.20.00000.82000
#404.29.00000.82803
Rev. 12/10/09 jls
The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend,
pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all
other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or
fraudulent.
13. Insurance.
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as specified, from claims for
bodily injuries, death, personal injury or pmperty 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: Colarado statutory minimums
2. Commercial General Liability — ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit
General Aggegate Limit
Products/Completed Operations Aggegate Limit
$1,000,000.00
$2.000.000.00
$2.000.000.00
Comprehensive Form (All risks) to include
X Premises/Operations
_ Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
3.
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X PersonalInjury
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) Pmfessional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) L,oss ofUse Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
Contract #158-2010
Ledger #404.20.00000.82000
#404.29.00000.82803
Rev. 12/10/09 jls
B. ProofofInsurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the
County through the representative identified in Paragraph 5, no later than ten (10)
calendar days prior to commencement of operations affecting the County. Failure to file
or maintain acceptable Certificates of Insurance with the County is agreed to be a
material breach of any contract. These Certificates of Insurance shall wntain 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 akered" 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 Depar[ment (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 ofInsurance shal] contain the following
clauses:
a. The clause `bther 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 ar
for assessments under any form of policy.
c. Any and all deductibles in the abov�described insurance policies
shall be assumed by and be for the amount o� and at the sole expense ofthe
Contractor.
d. Location ofoperations shall be: "all operations and locations at
which work for the referenced Project is being done.°
3. Certificates ofInsurance 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 wntract shall not include Federal Excise Taaces or Colorado State or local sales
or use talces. Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-SK.
Contract #158-2010
.Ledger #404.20.00000.82000
#404.29.00000.82803
Rev. 12/10/09 jls
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) yeaz 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.
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 azbitration described in Paragraph 9, the substantially prevailing party
shall be entitled to its costs and reasonable attomey's Fees.
18. Govemmental 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 Colarado Govemmental 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
ofthe County ar its agent or employees.
19. Current Year Oblieations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only cunently
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 ofthe 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:
Contract #158-2010
Ledger #404.20.00000.82000
#404.29.00000.82803
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To Pitkin County
Francey Jesson
Assistant Aviation Director
Aspen/Pitkin County Airport
0233 E. Airport Rd.
Suite A
Aspen, CO 81611
FAX (970) 920-5378
To Contractor:
Tri County Fire Protection
P.O. Box 309
Rifle, CO 81650
with conies to:
Rev. 12/10/09 jls
Pitkin County Attomey's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax:(970)920-5198
21. Comnliance with House Bi1106-1343 and House Bi1107-1073
A. In compliance with House Bi1106-1343 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:
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.
Contract #158-2010
�,edger #404.20.00000.82000
#404.29.00000.8280
Rev. 12/10/09 jls
3. If the Contractor obtains actua] 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 subwntractor 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 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 wurse 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 wntract as of the date first set out
herein above.
CONTRACTO '
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BOA COUNTY C
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Authorized Signer,
OF PITKIN COUNTY, COLORADO:
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