HomeMy WebLinkAboutbocc.con.199.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 199-2010
ORIGINATING DEPARTMENT/DIVISION: Airport
CONTACT PERSON: Francey Jesson PHONE #: 429-1870
PROJECT NAME: Terminal Roof Repair
❑ BOCC AGENDA ITEM ❑STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signxtiu•e) (per Revised Procurement Code 7/2005)
❑ Over �50,000 (Requires Cow�ly Managcr's Signatm�e)
✓ CHECK PROCUREMENT TYPE:
❑None �Informal OFormal ❑Sole Source ❑Emergency ❑State Bid ❑
�Compliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, etc
� DO LLAR .AMO U N'1': 34,344.00
✓ CHECK CONTRACT TYPE:
� Services/Maintenance
❑License/Use
❑Lease
❑Construction
❑Goods, Equipment, Supplies
❑Other (e.g. revenue)
BUUGF:T I,INI? ITF,M/I,F,DGER NUMBH:R: 404.20.92220.82286
�Employment (for county employees)
❑Intergovernmental Agreement(Rcyuires BOCC" nction)
�Non-Profit
�Quasi-Public
❑Grant Agreements (Require, BOCC ilction)
�Change Order/Contract Amendment
CONTRACTOR: Extreme Foam COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor)
Contract Execution Date:09/14/]0
Automatic Renewal: ❑Yes �No
�
Contract End Date: 10/31/2010
Term of Contrach
�-�-� All Contracts should be proofed for the following: /��
✓ �No Pages Missing /� � �
✓❑If a Page is Left Intentionally Blank —Note on Page U �
✓ �Page numbered consecutively
✓ �All Signatures A�xed
✓ �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(ifapplicable)
✓ ❑Special Instructions for Finance Department:
✓ �Sentto Clerk and Recorderfor Scanning/Archiving
✓�Authorized Staff Persods Name: Francey Jesson
13Y CHECKING ABOVF, AND EN'1'F.RING NAME,'CHE AU"1'HORIZED S7'AFr PEIiSON INDICA7'F;S THAT
'PHH; AT7'ACHE:D DOCUMF.N'C HAS 13EEN PROOFED ANU RF;ADY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
7193956215
Contract #199-2010
Ledger #404.20.92220.82286
�-� ,
_'
00_50_35 0930-2010 2/9
Rev. 3/28/09 jIs
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Extreme Foam (hereinafter "Contractor°).
Term. The tenn of this contract is from September 14, 2010 to October 31, 2010.
2. Con7actor's Oblieations,- Contractor shall supply all materials and labor necessary to clean,
prep, and install a Bayer Material Science MAPS (Maintenance and Protection Sysrem) roo6ng
restoraYion system on the Aspen/Pitkin Couuty Airport terminal roof, center section. The roofing
system will consist of a minimum of 30 mil acrylic coating applied in hvo coa[s. An initial acrylic
base coat, followed by acrylic finish color coat (white). This roof system will extend up and self-
flasli on all penetrations and parapet walls to a height specified for tertnination.
3. Comoensation and Exoenses. Invoicine. Pavment and Offsel. 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 [hat in no event will the total compensation and
reimbursement to be paid liereunder exceecl the sum of $34,344.00 for all services rcndered. By
contract or amendment, the Cotmty and Contractor may reallocate the budget among project tasks if
the total budget amount remains unchanged. Contractor shall imoice for the project upon full
compfetion based on hours worked, with payment expected within thirty (30) days of invoice, but
any payment by [he County may be offset by any amount the Contractor owes the County for any
reason. County shall make no payments to Contractor mitil the project is fully completed to
County's satisfac[ion.
4. Countv's Exclusive Ownershio of Work Product. Drawings, specificatioiis, �uidelines and
other documents prepared by Contractor in connection with this contract shall be the properry of die
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 conaact, 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 a�d other business purposes.
a,v.. a icr�a. i r vx rK V v �JIU1V UN SERV ICES
Contract #199-20I0
Led�er #404.20.92220.82256
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5. Pitkin Countv's Oblieapons. Pitkin County shall administer this contract through a Counry
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 asswne the Counry 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. Tern�ination Prior to Exoiration 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 temiination
and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the
effective date of such tennination. In such event all finished or unfinished documents, data, studies
and reports prepared by the Contractor pursuant to this contract shall become the Coimty's property.
Contractor shall be entitled to receive compensation in accordance with die contract for any
satisfactory work completed pursuant to the tenns of this contract prior ro the date of tem»nation.
Not wilhstanding the above, Contrlctor shall not be relieved of liability to the Counry for dam�ges
sustained by the County by virtue of any breach of the contract by the Contraclor.
7. tndeoendent Contractor Status.
A. The par[ies to this contract intend t6at 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 nol aftempt to oversee or supe�vise the work or actions of any Pitkin
Coimty employee, servant or agent in the course of completing work under diis contract.
E. Con[ractor is not entitled to any Workers' Compensation benetits throu�h Pitkin
County and is responsible for payment of any federal, state, F[CA and other income taxes.
8 Assienabilitv. This contract is not assignable by either party. Any use of subcontractors by
the Contractor for perforniance of this contrace must be accepted in writing by the Counry.
9. Bindins Arbitration. Any disputes a�ising oat of this contract shall be subjec� to binding
arbitration. The parties agree that any disputes concerning the tern�s and conditions of this contract
shall be submitted and finally settled by arbi(ration. Arbitration shall be conducted pursuant to tlie
rules of the American Arbitration Association and shall be presided over by the Pitkin Counry
Heazing Officer appointed to arbitrnte Pitkin Counry contract disputes. Costs of the arbitration shall
be a�varded to the substantially prevailing party.
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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
1 L Inteeration and Modificaqon.
A. This contract represents the entire and integrated contract between the Counry and the
Contractor and supersedes alf prior negotiations, representations, or contract, either written or oral. This
contract may be amended only by written con�ract signed by both the County and the Contractor.
B. The Counry 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 beh��een the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
l 2. Indemnitv.
The Contractor (including, by definiuon here and hereinafter, ics officials, employees, agen�s and
representatives, subconfractors and suppliers), shall and hereby does release, dischavge, 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 attomey and exper[ wimess fees) or
compensation in any forni or kind whatsoever for any bodily injtuy, 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 a��y consequential liabiliry alleged to accrue against the Cou�ity on account of the
Conlractor's acts, errors or omissions; provided, however, that such indemnity shall not be constnied as
an indemnity for bodily injury or property dama�e arising from the sole negligence of thc Coimty or its
employees.
The Contractor funher 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 Cont�actor shall secure and maintain for the tern� of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County, from claims for bodily injuries, death, persona]
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 1s are indicated by an "X", are required:
Stahrtory Workers' Compensation: Colorado statutory minimums
2. Commercial Genera) Liability — ISO 1998 Foim or equivalent
(Wilh Cotrt�ry narned addilional insured)
Each Occurrence Limit � I.000.000.00
General Aggregate Limit �2.000.000.00
Products/Completed Operations Aggregate Limit �2.000.000.00
[c3
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Comprehensive Fonn (Alt risks) to include:
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operarions
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Focm Property Damage
X PersonalInjivy
3• Business Auto Coverage:
Combined Single Limit Liability (each accident) $ I.000.000.00
4 • Special Coverages (check as appropriate and insert amount):
_ (1) Performance Bond
Labor and Material
Payment Bond
_ (2) Professional Errois 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
Fidelily Bond
B. Proofoflnsurance:
1. To provide evidence of the required insurance coverage, copies of Certificates
of Insurancc in a foiTn acceptable to the County shall be filed with the Coimty dirough the
representative identified in Pazagraph 5, no later than ten (10) calendar days prior to com-
mencement of opera[ions affecting the County. Failure to file or maintain acceptabic
Certificates of ]nsurance with the County is agreed to be a material breach of any coneract.
These Certificates of Insurance shall contain a provision that coverage afforded Lmder the
policies will not be cai�celed or materially altered unless at least thirty (30) calendar days
prior written notice by certified mail, retum receipt requested (effective upon proper
mailing), has been sent to the County (through the Counry'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 certi6ed sfatement as to
claims pending against the required coverages, reseives established on accowu of such claims,
defense costs expended and amounts remaining on policy limits.
7193956215
Contract #199-2010
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2• In addition, these Certificates of Insurance shall contain the following clauses:
a. The clause "od�er insivance 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.
�• Any and all deductibles in the above-described insurance policies shall
be assumed by and be for the amount of, and at d�e sole expense of ihe Contractor.
d. Location of operations shall be: "all operations and locations at which
work forthe referenced Projectis being done."
j. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a poticy's expiration date except for
any policy expiring on the expirafion date of this contract or thereafter.
4. The County reserves the rigl�t to request and receive a copy of any poticy and
any policy endorsement at airy time during the term of this contract.
14. Exemutions and Preferences. All purchases of conshliction or building or any o[her materials
for this contract shall not inc4�de 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.
I5. Records. The Conlractor shall maintain comprehensive, complete and accurate books,
records, and documents conceming its performance relating to this contract for a period of three (3)
years afler final payment under the contract and the Coimty 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 auditin�
standards, compliance with all provisions of the contract and applicable law.
l6. Contrac[ Made in Colorado. The parties agree that this conh�act was made in accordance with
the laws of the State of Colorado and shall bc so construed. Venue is agreed to be exclusively in [he
courts of Pitkin County, Colorado.
17. Attomev's Fees. In the event that legal action is necessary to enforce any of �he provisions of
d»s contract beyond the arbitration described in Paragrapl� 9, lhe substantia4y prevaiting party shall be
entitled to its costs and reasonable attorney's fees.
� 8. Governmental lmmuniN. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or [erms (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immimiry qct, 2410-101, et. Seq., C.R.S., as
from time to time amended, or othenvise available to Pitkin Couuty or any of its officers, agents or
employees. Further, nothing in this convact shall be cons�rued or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property dama�e
whatscever which is caused by [he negligence or other misconduct of the County or ils agent or
employees.
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Contract#199-2010
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19. Current Year Oblieations. The parties acknowledge and agree lhat any payments provided
for hereunder or requirements for future appropriations shall constiaite 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 cunent fiscal year of Pitkin County. No provision of the
contract shall be construed or interpreted as creating a multiple-fiscal year direct or indircct debt or
other financial obligation of Pitkin County within the meaning of any constitutional or stah�tory debt
limitation. This contract shall not direcdy or indirectly obligate Pitkin Counry to make any
payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of
this contract shall be constn�ed 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 wriuen 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
confinnation of receipt to the fax number below; or (3) within three (3) days of being sent cenified
first class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County
Francey Iesson, C.M.
Assistant Aviation Director
Aspen/Pitkin County Airport
0233 E. Airport Rd. Suite A
Aspen, CO S 161 1
Fax:(970)-429-1892
B. To Contractor:
Jerry Shamiahan or Phil Brown
Exlreme Foam
P.O. Box 2008
Buena Vista, CO 8121 1
(719-539-6215) Fax
with cooies to:
Pitkin County Aetorney's Office
530 E. Main Street, #302
Aspen, Colorado 81 G ll
Fax:(970)920-5198
Z� • XXI. Comoliance with House Bill 06-1343 and Flouse Bi1107-1073
A. [n compliance with House Bill 06-]343 and House Bill 07-] 073 lmending Title 8 of
the Colorado Revised Sta�utes by the addition of Article 17.5, (]legal Aliens-Public Contract for
Services, ei�acted by the General Assembly of the State of Colorado, the Contractor shnll not:
Knowingly employ or contract with an illegal alien to pertoim work under this
contract or;
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Z. Enter into a contract with a subcontractor that fails to certify to the Contracror
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-]073 enacted by the General
Assembly of the State of Colorado:
1. "fhe Conh�actor has confinned 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, lOS`" Congress, or its successor, that is
administered by the United States Department of Homeland Security) and, if the Contracror
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 monAis 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.
Z. Tl�e 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 fl�at a subcontractor performing
work under tl�is contract knowingly employs or contracts with an ille�al alien, the Contractor
shall be required to:
a. Notify the subcontractor and the County within three days that the
Contrlctor has actual knowledge that the subcontractor is employing or contracting
witli an ille�al alien; and
b. Tenninate the subcontract with the subcontraclor 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; exccpt
that lhe 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 Conhactor sl�a(1 comply with any reasonab(e request by the Department
of Labor and Employment made in tlie course of an im�estigation that tlie Deparunent of Labor
and Employment is undertaking pursuant to the authority established in Subsection (5) of
C.R.S.§ 8-17.5-]02.
7193956215 00:52.48 0930-2010 9 !9
Contract # 199-2010
Ledger #404.20.92220.82286
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IN WITNESS WHEREOF, the parties have executed this conrract as of the date first set out herein
above.
CONTRACTOR:
BY: C �� , .G-- .. .. _� '
Ti� ( QEb l��l`d
Date
BOARD of COUNTY COMMISIONERS OF PITKIN COUNTY, COLORADO:
Byf I / �D�iL_ � 2 � �U
Francey Jesson Date �
Assistant Aviation �rector/Operations