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HomeMy WebLinkAboutbocc.con.068.2011CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 68-2011 ORIGINATING DEPARTMENTNIVISION: PW Transportation CONTACT PERSON: Gerald Fielding PHONE #: 920-5206 PROJECT NAME: 2011 Pitkin County Road Marking Project ❑ 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 DInformal ❑Formal ❑Sole Source QEmergency ❑State Bid ❑ �Compliance with House Bills 06-1343 and 07-1073 — Iminigration Form (LTnder $10,000, Letters of Engagement, etc �DOLLAR AMOUNT: $31,752.00 ✓ CHECK CONTRACT TYPE: BUDGET LINE ITEM/LEDGER NUMBER: 111.53.00140.82000 (for county employees) ental Agreement (Requires BOCC Action) ;, Equipment, Supplies (e.g,revenue) Agreements (Requires BOCC Action) e Order/Contract Amendment CONTRACTOR: Stripe A Lot & Sweeping Ina COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:S/I/2011 Automatic Renewal: ❑Yes �No � Contract End Date: 12/31/2011 Term of Contract: 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 �xed ✓ �All Dates Filled In ✓ �All Other Blanks Filled In ✓ �All Exhibits Attached ' � � I � ► % ✓�HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract ✓ �All Legal Descriptions Attached (if applicable) ✓ QNotice of Awazd/Notice to Proceed Attached (if applicable) ✓ QWarranty (if applicable) ✓ �Special Instructions for Finance Department: ✓�Sent to Clerk and Recorder for Scamiing/Archiving ✓�Authorized Staff Person's Name: Gerald Fielding BY CHECHING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WII,L KEEP ORIGINAL DOCUMENTS IN COMPLIANCE W1TH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. Contract # 68-2011 Budget Line Item # 111.53.00140.82000 CONTRACT FOR PROVISION OF SERVICES Rz� 1?,'�710)Is THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Stripe A Lot & Sweeping Inc. P.O. Box 1957 Montrose, CO 81402(hereinafter "Contractor"). Term. The term of this contract is from May 1, 2011 to December 31, 2011. 2. Contractor's Oblieations. Contractor shall supply all labor, equipment and materials to complete the work in Eachibit `A'. 3. Comnensation and Exoenses. Invoicins. Pavment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Pazagraph 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 Thirtv One Thousand Seven Hundred Fiftv Two dollars and no cents f$ 31.752.001 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. RETAINAGE. Payment of five percent (5%) of each invoice will be withheld by the County until the Contractor's obligations aze completed. In the event the Contractor incurs time and expenses in excess of the total compensation stated above, no compensation for said additional time and expenses shall be required to be paid by the County without written amendment to this contract executed by the County. 4. Countv's Exclusive Ownershiro 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 mazkering, 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 Conttact # 68-2011 Budget Line Item # 111.53.00140.82000 Re� L','7 mazketing purposes and professional presentations, articles, speeches and other business purposes. 5. Pitkin Countds Oblieations. Pitkin County shall administer this contract through a County Representative. Gerald Fielding will manage the project as the County's Representative. In the event that Gerald Fielding is not available, (Bert Pearce) 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, far compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Exroiration 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 thereo£ 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 tetmination. 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 standazd of caze, 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 enritled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 2 _� Contract# 68-2011 Budget Line Item # 111.53.00140.82000 Rev 1?r27�'lOjls 8. Assienabilitv. This contract is not assignable by either party. Any use of subwntractors 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 conceming the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration sha11 be conducted pursuant to the rules of the American Arbitrarion Association and shall be presided over by the Pitkin Counry Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the azbitration shall be awazded to the substanrially 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 1 l. Inteerarion and ModificaUon. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes a11 prior negotiations, representarions, 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 aze mutually ageed upon between the County and the Conuactor, shall be in writing and upon execution shall become part of this contract. 12. Indemnitv. A. The Contractor (including, by definition here and hereina8er, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, dischazge, indemnify and hold hazmless the County of Pitkin and its officials, employees, agents and representarives from and against liability for any claim, demand, loss, damages, penalty, judg- ment, expenses, costs (including costs of invesrigation 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 pmperty 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 ar omissions; provided, however, that such indemnity sha11 not be construed as an indenu�ity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. 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 sha11 beaz all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 3 Re� 13'7,�10�1s Contract# 68-2011 Budget Line Item # 111.53.00140.82000 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 [INSERT NAMES IF APPLICABLE see exnlanationl, finm 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", aze required: Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial General Liability — ISO 1998 Form or equivalent (W'uh County named addikonal insured) Each Occurrence Limit $1.000,000.00 General Aggregate Limit $2.000.000.00 ProducYs/Completed Operations Aggregate Limit $2,000.000.00 Comprehensive Form (All risks) to include (place x by applicable provisions): X X X X X X Premises/Operations Underground, Explosion & Collapse Hazard Products�Completed Operations Contractual Liability Independent Contractors and Subcontractors Broad Form Property Damage Personal Injury Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Including all owned, non-owned, and hired vehicles. 4. SpOCi� Covetages (check as appropriate and insert amount): _ (1) Performance Bond Labor and Material Payment Bond (2) Professional Enors 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 _J. - az� i � ,� �o,i� Contract # 68-2011 Budget Line Item # 111.53.00140.82000 _(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 idenrified in Pazagraph 5, no later than ten (10) calendar days prior to com- 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 afforded under the polieies 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 Procurement Officer. (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 declazations page). 5imultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer 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. a 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. I.ocation of operations shall be: "a11 operarions and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for a11 renewal policies shall be delivered to the County's Representafive at least fifteen (15) days prior to a policy's expira6on date except for any policy expiring on the expirarion 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. All purchases of conshuction, building or any other materials for this contract shall not include Federal Excise Talces 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. E Kz` i"'7 1Q jl. Contract # 68-2011 Budget LineItem # 111.53.00140.82000 I5. Records The Contractor sha11 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 Pazagraph 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 Govemmental Ixnmunity 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 conhact sha11 be conshued or interpreted to require or provide for indemnificarion 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 Yeaz 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 aze 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 chazge or requirement in any ensuing fiscal year beyond the then current fiscal yeaz 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 payabie 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 � � Rev 1?i�'7� 10 jls Contract# 68-2011 Budget Line Item # 111.53.0�140.82000 being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County with copies to: Aspen, Colorado 81611 Faac (970-920 B. To Contractor: Sh A Lot & Sweeping Inc. Dave P.O. Box 1957 Montrose, CO 81402 Pitkin County Attomey's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (470) 920-5198 21. IUesal Aliens — Public Contracts for Services In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended; 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 2. Contractor sha11 not 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 the public contract for services. 3. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to gerform work under the public contract for services through participation in either the E-Verify Program or the Department Program. 4. Contractor shall use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while the gublic contract for services is being performed. 5. Should Contractor obiain actual knowledge that a subcontractor perfomung work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: (a) Notify the subcontractor and the Counry within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; (b) Terminate the subcontract with the subcontractor if within three days of receiving the required notice the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor shall not terminate the contract with the 7 Re� 12�''7� lU jl. Contract# 68-2011 Budget Line I[em # 111.53.00140.82000 subcontractor if the subcontractor provides information to establish that the subcontractor has not knowingly empioyed or contracted with an illegal alien; 6. Contractor shall comply with any reasonable request by the department made in the course of an investigation that the department is undertaking pursuant to C.R.S. 8-17.5-102(5). IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: BY� ��-�I.CSC �' 'ritle {�rts,duF' �GIr�. yl��li� Date PITKIN COLJNTY: By� �_ y/�/�l Autho ed S� Date E: _� Route Marking Length Description yetlow paintJ glass beads Marking Length Description white paint/ glass beads Marking length Description white paint/ giass beads Marking Length Description white painV 9�ass beads Route Marking Length Description yellow paint/ glass beads Marking Length Descriptio� yellow paintJ glass beads Route Marking Length Description yellaw paintj glass beads Route Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads Marking Length Description white paint( glass beads 2011 Pitkin County Road Marking Proiect 10 Brush Creek Road 12800.00 ft centerline double . channelizer 8" edge 4" a50.00 ft zs,siz.00 rt 1,150.00 ft skip 4" 100 Mountain Laurel Drive bump bump iQ2 We�t Lu�ine Drive bump 10� East Luoine Drive bump 11 Snowmass Creek Rqad 8,976.00 ft centerline double 50.00 ft cha�nelizer 8" ! 2011 Pitkin County Road Marking Project Route Marking Length Description yellow paint/ glass beads Marking Length Description yellow pain[/ glass beads Marking Length Descriptian white paint/ glass beads Marking Length Description yellow painV 9�ass beads Marking Length Description white paint/ glass beads Marking length Description yeflow paint/ 91ass beads Route Marking Length Description yellow paint/ glass beads Route Marking Length Destription yellow paintJ glass beads Marking Length Description white painU glass beads Marking lengLh Description white paint/ glass beads Marking Length Description yellow pain�/ glass beads Marking Length Description yellow paintJ glass beads 126 Airnort Fron�aae RoarJ 2,020.00 k center Ifne double 600.00 ft edge a" edge 4" 600.00 ft bump channelizer 8" 55.00 ft bump 12C Service Centgr Rd 100.00 ft center 6ne double 13 Maroon Creek Road 11,130.00 R center line double channelizer 8" 375.00 ft edge 4" .. '�' 9,000.0o ft (v 2031 Pitkin County Road Marking Project Route Marking Length Description yellow paint/ glass beads Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads Route Ma�ki�g length Description yellow paint/ glass beads Marki�g Lengch Description yeflow paint/ glass beads Marki�g Length Description yellow paint/ glass beads Marking lengih Description yellow painV glass beads Marking length Description white painU 9�ass beads Marking LengYh Description white paint/ giass beads Route Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads 15 Castle Crgek Road 22,444.00 ft cen[er line double center line single 42,293.00 ft 16 Lower River Road 25,558.0� ft centerline double 12 Owl Creek Road 20,500 ft centerline dou6le bump bump bump 330 ft 8" channelizer 200 R skip center 17A Smith Wav 2,112.00 ft centerline double 176 Gerbaz VNay 2,540.00 ft center line double �� 2011 Pitkin County Road Marking Project Route 18 Woodv Creek Road Marking Length Description bump yellow paint/ glass beads Marking length Description dip yellow paint/ glass beads RouYe Marking Length Description yellow paint/ glass beads Marking Length Description white paint/ glass beads Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads Route Marking I.ength Description yelfow paint/ glass beads Marking Length Description white paint/ giass beads Route Marking Length pescription yellow paint/ glass beads Marking Length Description yellow painU glass beads Marking Length Description yellow pain[/ glass beatls Marking Length Description yeliow paint/ glass beads 19 McLain Flat� RQad zo,s�o.00 �e center line double edge 4" skip center 1,600.00 ft Z,100.00 k Z Emma Road 45.00 ft center line double 20 Red Mount�in Road 6,100.00 k center line double edge 4" 1,850.00 ft 3 Redstone Blvd. bump '�' bump '[�' �L 2011 Pitkin County Road Marking Project Route 3 Redstone Blvd. Marking Length Description dip yellow paint/ glass beads Route Marking �ength Description yellow painU 9�ass beads Route Marking Len9th Description yellow paint/ glass beads Route Marking Length Description . yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow painV 91ass beads Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads Route Marking Length Description yellow paint/ glass beads 4 Frvina Pan Rg�sl 62,198.00 ft center line single 6 West Sooris �reek Road 25,838 R center line single 65 WillouahbX W�v 4,224.00 ft centerline double 69 Maanifico Drive 370.00 ft center line single 7 Eas� S�t�ris Creek Road 6,230.00 ft center line single center line single 7,181.00 k 7A Sooris Crgek Road 5,900.00 ft center line single 9 Canitol Creek Road 9,200.00 R center line single �� ..,�.....�.�� _ _ . . . . , ,_... _. . .. _ _. _.. 2011 Pitkin County Road Marking Project Route qqgC5 Baltic Avenue Marking Length 192.00 R Description center line double yellow painV glass beads Marking Length 230.00 ft Descriptio� channelizer 8" white paint/ glass beads Route Marking Length Description yellow paint/ glass beads Marking Length Description white paint glass beads Double Yellow Single Yeliow Channelizer Edge Bumps Dips White Skip Yellow Skip Yellow Gals White Gals Total Gals AVRD Asuen Village Road 790.00 ft center line double channelizer 8" 140606 159210 1530 42162 12 6 1350 2100 0.67 0.33 0.67 0.33 2S8 192 0.33 0.33 40.00 ft 94206.02 52539.30 1025.10 13913.46 3456.00 1152.00 445.50 693.00 1520.46 153.84 1674.30 ly � o� & SWEEPING Name / Atldress Pitkin Counry Public Works 76 Service Center Road Aspeq CO. 81611 P.O. Box 1957 Montrose, CO 81402 Ph.(970)-249-7588 Fax (970)-249-9199 Description This estimate is for Paint Sttiping PI'I'KIN COUNTY for the 20l 1 season (Partnering with the Ciry of Aspen and the Town of Snowmass) - Based on 2010' Approsimate quantities of yellow and white paint (Mobilization/Vaffic convol inciuded): NOTES: 1) Paint s Vipiag to commence on the lst - 2nd week of May 2011 (depending on Weather conditions) and be completed no later than 30 May 2011 (Memorial Day) Bert - Material (paintlbeads/fuel e[c.) prices continue to rise but we aze sViving to maintain competitive pricing along with proper customer service. We hope to continue working with you and your staff. If you have any questions please call Dave az 970-275•9103, "Chanks I Total E-mail stripealo[inc@msn.com Estimate Date I Estimate # 2/8/2011 254 P.O. No. Project (1ty Cost Total 1,764 18.00 31,752.00 $31,752.00 �� Intentionaliy L.eft Blank ��