HomeMy WebLinkAboutbocc.con.192.2011 Rev. 08 -30 -11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 192 -2011
ORIGINATING DEPARTMENT: Open Space and Trails
PROCUREMENT OFFICER: Lindsey Utter PHONE #: - 9205224
PROJECT NAME: Cox Driveway Asphalt Repair to Basalt/Old Snowmass Trail CONTRACTOR:
Elam Construction, Inc.
DOLLAR AMOUNT: $2,000.00 LINE ITEM # 118.57.02150.82724
CONTRACT EXECUTION DATE: 10/6/2011 CONTRACT END DATE: 11/30/2011
AUTOMATIC RENEWAL: ❑ YES ® NO TERM: Less than one year
❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ® Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency /State Bid
® Compliance with C.R.S. 8 -17 -5 -101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
® Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement (Resolution Required)
❑ Lease ❑ Non - Profit
❑ Construction ❑ Quasi- Public (e.g. -AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other (e.g. revenue) ❑ Change Order /Contract Amendment
(C /O: 1 Q% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing ✓❑ All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank —Note on Page ✓❑ All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable)
✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (f applicable)
✓ ® All Dates Filled In ✓❑ Warranty (if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Lindsey Utter
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Contract # 192 -2011 Rev. 8.31.11 jaa/js
Budget Line Item# 118.57.02150.82724
4 )tirKIN
CONTRACT FOR PROVISION OF SERVICES
Cox Driveway Asphalt Repair to the Basalt /OId Snowmass Trail
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ( "County ") and Elam Construction, Inc. (hereinafter "Contractor ").
1. Term. The term of this contract is from October 6 2011 to November 30 2011
2. Contractor's Obligations. Contractor shall repair the asphalt gap in the Basalt/Old
Snowmass Trail located where the Cox's residence driveway crosses the Trail. This project
includes the excavation and removal of the recycled asphalt currently being used to patch the
trail and then the paving of the asphalt trail gap with a 3" asphalt mat. The Contractor will need
to notify the County of when work will be occurring on the trail. The Contractor is not to
remove or adversely impact any of the base work below the recycled asphalt.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the project Budget and Schedule set out
in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation
and reimbursement to be paid hereunder exceed the sum of $2,000 for all services rendered. By
contract or amendment, the County and Contractor may reallocate the budget among project tasks
if the total budget amount remains unchanged. Contractor shall invoice for the project monthly
based on hours worked, with payment expected within thirty (30) days of invoice, but any
payment by the County may be offset by any amount the Contractor owes the County for any
reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this contract shall be the
property of the County. However, Contractor shall have the right to utilize such documents in
the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
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 County's Obligations. Pitkin County shall administer this contract through a
County Representative. Lindsey Utter will manage the project as the County's Representative.
In the event that Lindsey Utter is not available, Gary Tennenbaum shall assume the County
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Contract # 192 -2011 Rev. 8.31.11 jaa/js
Budget Line Item# 118.57.02150.82724
10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract, either written or
oral. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder. Such changes, including the increase or decrease in
the amount of the Contractor's compensation, which are mutually agreed upon between the
County and the Contractor, shall be in writing and upon execution shall become part of this
contract.
12. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as
indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor
will be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
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
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
13. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract.
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Contract # 192-2011 Rev. 8.31.11 jaa/js
Budget Line Item# 118.57.02150.82724
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured — Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations ".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non -owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
0(1) Performance Bond $
❑ Labor and Material $
❑ Payment Bond $
0(2) Professional Errors and Omissions
0(3) Aircraft Liability
0(4) Owner's Protective
0(5) Builder's Risk
0(6) Boiler and Machinery
0(7) Loss of Use Insurance
0(8) Pollution Liability
0(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty (30) days prior written notice has been given to the County,
except when cancellation is for non - payment of premium, then ten (10) days prior notice
may be given. Such notice shall be sent directly to (County Representative's Name &
Address). If the insurance carrier will not provide the required notice, the
Consultant/Contractor and or its insurance broker shall notify the County of any
cancellation, or reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers' notification to that effect.
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Contract # 192 -2011 Rev. 8.31.11 jaaljs
Budget Line Item# 118.57.02150.82724
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this contract, the monetary limitations or
terms (presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24 -10 -101,
et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating a multiple -fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any
class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the
future issuance of Pitkin County's bonds or any obligations payable from any class or source of
Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any
of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified
first class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Lindsey Utter Pitkin County Attorney's Office
530 East Main Street 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: (970) 920 -5198
B. To Contractor:
Mike Prinster
Elam Construction, Inc.
PO Box 13
Woody Creek, CO 81656
21. Illegal Aliens — Public Contracts for Services. In conformance with the provisions of
C.R.S. § 8 -17.5 -101 and 102, as amended;
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Contract # 192- i 1 -'',■,„ Rev. 8.31.11 jaa/js
Budget Lin - ; # 11 50.82724
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