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HomeMy WebLinkAboutbocc.con.193.2011 Rev. 08 -30 -11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 193.2011 ORIGINATING DEPARTMENT: Facilities PROCUREMENT OFFICER: Jodi Smith PHONE #: 5396 PROJECT NAME: Translator Generator Services CONTRACTOR: Gunn Generator Services, Inc. DOLLAR AMOUNT: $4,000.00 LINE ITEM # Various Mt Sites CONTRACT EXECUTION DATE: 11/21/2011 CONTRACT END DATE: 10/10/2012 AUTOMATIC RENEWAL: ® YES ❑ NO TERM: 4 1-yr terms ❑ BOCC AGENDA ITEM (Grants, IGA) /1 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: 1 le I p ® 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: 10% 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: ✓ 14 No Pages Missing ✓® All Other Blanks Filled In ✓ ® If Page Left Intentionally Blank —Note on Page ✓❑ All Exhibits Attached ✓ ® Page numbered consecutively 10 All Legal Descriptions attached (if applicable) ✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (f applicable) ✓ /1 All Dates Filled In ✓❑ Warranty (if applicable) ✓ ❑ Special Instructions for Finance Department: ✓ ® Authorized Procurement Officer's Name: Jodi Smith, Facilities 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! ANNII Contract #193 -2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies LI pp.tA U ' - -t - gin 4 f. P L4 t U N I: l L . • Facilities Management CONTRACT FOR PROVISION OF SERVICES Gunn Generator Service THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ( "County ") and Gunn Generator Service Inc., 2865 Lobe Creek Ct, Grand Junction Colorado 81503 (hereinafter "Contractor "). 1. Term. The term of this contract is from October 10, 2011 to October 10, 2012. At the expiration of the initial term, the contract may be extended for an additional term of four (1) year terms by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall: Perform yearly maintenance on the generator on Upper Red Mountain at the Communication site. This maintenance will include but not limited to • New motor oil and filter. • Insure that complete system is charging on demand. • Run test to insure that generator will start when power in batteries is low • Complete check of the electrical system The contractor will perform work on any generator that is authorize by the County at $105.00 per hr plus $1.35 per mile from 2865 Lobe Creek Ct, Grand Junction Colorado. 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 1. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $4,000 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. Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611 97 - 5395, 97 - 9 2 0 - 5285 Fax or email: Daniel. Chicoine @co.pitkin.co.us 1 Contract #193 -2011 Rev. 8.31.11 jaaljs Budget Line Item# Varies 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. Dan Chicoine will manage the project as the County's Representative. In the event that Dan Chicoine is not available, (Jodi Smith 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 Expiration 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. Notwithstanding 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. Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611 97o 97o-92o -5285 Fax or email: Daniel. Chicoine@co.pitkin.co.us 2 Contract #193 -2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies 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 entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 8. Assignability. 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. Binding 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. 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, Pitkin County Facilities Management, 485 Rio Grande Place, Unit iot, Aspen, CO 8i63.i 970 97o - 5 28 5 Fax or email: Daniel. Chicoine @co.pitkin.co.us 3 WIMMIWIMMIIMe • Contract #193 -2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies 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. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 1. Statutory Workers' Compensation: Colorado statutory minimums. a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Pitkin County Facilities Management, 485 Rio Grande Place, Unit tot, Aspen, CO 81611 970 - 920 970 Fax or email: Daniel. Chicoine @co.pitkin.co.us 4 Contract #193 -2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies 2. Commercial General Liability — ISO 1CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products /Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • 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): ❑(1) Performance Bond $ ❑ Labor and Material $ ❑ Payment Bond $ 0(2) Professional Errors and Omissions Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i611 97o 9 97o -92o -5285 Fax or email: Daniel. Chicoine @co.pitkin.co.us 5 Contract #193-2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies 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. Simultaneously 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 contractor's insurance shall be primary and non - contributory with any insurance or self insurance purchased by the County. 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 or self insured retentions 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. Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 8i6n. 97o 9 97o Fax or email: Daniel. Chicoine @co.pitkin.co.us 6 Contract #193 -2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies 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 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 -5K. 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. 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. Attorney'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 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 Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611 97o - 9 2 o - 5395, 97o 9 Fax or email: Daniel. Chicoine@co.pitldn.co.us 7 Contract #193 -2011 Rev. 8.31.11 jaa/js Budget Line Item# Varies 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: Dan Chicoine Pitkin County Attorney's Office 485 Rio Grande Place # 101 530 E. Main Street, #302 Aspen, Colorado 81611 Aspen, Colorado 81611 Fax (970) 920 -5285 Fax: (970) 920 -5198 B. To Contractor: Gunn's Generator Service 2865 Lobe Creek Ct. Grand Junction Colorado 81503 Fax: (970) 260 -4571 21. Illegal Aliens — Public Contracts for Services. In conformance with the provisions of C.R.S. § 8- 17.5 -101 and 102, as amended; A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor shall 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. C. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E- Verify Program or the Department Program. D. Contractor shall use either the E -Verify Program or the Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. E. Should Contractor obtain actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: 1. 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; Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611 97o - 5395, 97o Fax or email: Daniel. Chicoine@co.pitkin.co.us 8 Contract #193 -2011 C� Rev. 8.31.11 jaa/js Budget Line Item# Varies 2. 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 subcontractor if the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; F. 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: Dan Gunn Title President 11/2/11 Date PITKIN COUNTY, COLORADO: By: � ( – Z —II , Facilities Spesialist.. Date Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 8161i 97o - 5395, 97o-92o-5285 Fax or email: Daniel. Chicoine @co.pitkin.co.us 9 TKIN COU N Workers' Compensation Waiver Sole Proprietorships or Partnerships I, , as sole proprietor or partner of business name), represent that I have no person or persons in my employ, but that I shall obtain and maintain workers' compensation protection pursuant to those insurance requirements as set forth in the Workers' Compensation Act of Colorado (Articles 40 to 54 of Title 8 of the Colorado Revised Statutes) for any and all persons as I may employ in performing any work in the future. I shall also require any subcontractor as I may contract with or obtain for any work to maintain workers' compensation protection for its employees. Contractor Signature Date Print Name Corporations I, Dan Gunn , in my capacity as President (title) of Gunn's Generator Service Inc. (corporation name) represent that Gunn's Generator Service (corporation name) has no person or persons in its employ and that each stockholder of Gunn's Generator Service (corporation name) owns at least 10% of Gunn's Generator Service 's (corporation name) stock, but that Gunn's Generator Service (corporation name) shall obtain and maintain workers' compensation protection pursuant to those insurance requirements as set forth in the Workers' Compensation Act of Colorado (Articles 40 to 54 of Title 8 of the Colorado Revised Statutes) for any and all persons as it may employ in performing any work in the future. Gunn's Generator Service (corporation name) shall also require any subcontractor it may contract with or obtain for any work to maintain workers' compensation protection for its emplo c c C 11/02/11 Contractor Signature Date Dan Gunn Print Name • Under 10K HB# Compliance with House Bill 06 -1343 and House Bill 07 -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 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. Signed and dated this second day of November , 2011 CONTRACTOR: PITKIN COUNTY: 1 1 — l' By: Dan Gunn G By: Authorized Signer Title: President Department Nov. 2. 2011 2:49PM Beckner Power Insurance No, 4488 P. 1 OP ID. SS ,.. R °- CER I A TE OF LIABILITY I ANCE DATE(MM,DD /YYYY) 11/02/11 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the _ certificate holder In lieu of such endorsement(s). PRODUCER 970 - 242 -6136 NCONEAGT Beckner Power Insurance, Inc. PHONE FAY 2415 F Road #B (AFC. No. Exit , INC. No): P.O. Box 1329 EMAIL ADDRESS: Grand Junction, CO 81502 -1329 __ PRODUCER GUNNS - Shari L. Shear C Io a _ INBIIRERIB) AFFORDING COVERAGE i RAMP INSURED Gunns Generator Service, Inc. INSURER A : United Fire 8, Casualty PO Box 564 INSURER B Clifton CO 81520 INSURER C ; INSURER D: INSURER E : INSURER F ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE PIR I WVD POLICY NUMBER 1 ( P MM IDD I ( Y D 1 LIMITS QENERAL LIABIUTY I EACH OCCURRENCE E 1,000,000 A . X COMMERCIAL GENERAL 1 IA lIL ITY 60086590 02/25/11 I 02/25/12 DAMAGE TO RENTED PREMISES (Ee ocan,cilec) 5 100,000 J CLAIMS -MADE I X OCCUR MED EXP (Anyone parson) $ 5,000 PERSONAL & ADV INJURY $ 1, I GENERAL ACCRECATE I $ 2,000.000 _GEnll. AGGREGATE LIMIT i APPLIES PER: F'RODUC I S - COMP/OP AGO 1 2,000,000 I POLICY 17 P F T I I Loo. S AUTOMOBILE LIABILITY I ( I COM(ilNLD SINGLE LIMIT • I (Ea accident) 1 5 accident) 1 ANY AVID i 1 BODILY INJURY (Pot person) $ 1 ALL OWNED AUTOS I BODILY INJURY (Per accdent) 5 I SCHEDULED AUTOS 1 PROPERTY DAMAGE j HIRED AU I Ob I (Per accdent) I $ i I NON. OWNED AUTOS i I 5 r � ' 1 UMBRELLA LI►B 1 X ' OCCUR EACH OCCURRENCE $ 2,000,000 h ! EXCE$$ LIAR 1 CLAIMS -MADh ACGREGAFE 5 2,000,000 A -- — 160086590 02/25/11 02/25/12 DEDUCTIBLE i , 5 I 1 , RE'IEN'IION $ I I I ! 1$ 1 WORKERS COMPENSATION 1 I 1 WC STATE)- r IOTFI-I AND EMPLOYERS' LIABILITY Y / N 1 I . ...I.IORY.LIMITS ! ER I ... . _ ANY PROPRIETOR/PARTNER/EXECUTNE f ' I I E.L EACH ACCIDENT 1 5 OFFICFR/MEMBER ESC' VUkDa I I NIA I IMendatery In NN) I E.L. DISEASE - EA EMPLOYEE $ If yes, describe undar DESCRIPTION OF OPERATIONS below E.I. Dt$EASF - POLICY 1 NIT , $ A ; Rental equipment 60088590 02/25/11 02/25/12 Rented! so,000 'Special form /RC ;leased per item DESCRIPTION OF OPERATIONS / LOCATIONS / verecLes (Attach ACORD 101, Addldonel Remarks Schedule, I( mono spoco Is roqulrod) Below cortificato holder is added as additional insured. I I. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pitkin County ACCORDANCE WITH THE PpUCY PROVISIONS. A i$11 1� IGOIIZ r AUTHORIZED REPRESENTATIV I / I I I RIo Gr 970-920-5285 ✓ Shari L. Shear J �/ ; n t �� � ' / � � 1 v L 485 Rlo Grande PI #101 A$uen, CO 81611 lJ V v L ®1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 11/02/2011 02 :24:15 PM PINNACOL ASSURANCE PAGE 2 OF 3 ACORpTM CERL-ATE OF LIABILITY IN,,)NCE DATE iM / M/D 0 PRODUCER Pinnacol Assurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Denver, CO 80230 -7006 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Pinnacol Assurance 41190 Gunn's Generator Service Gunn's GeneratorSery 2981 Gun nison Ave INSURER B: Grand Junction, CO 81504 INSURER O INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNVYY) DATE(MM/DD/YYYY) LIMITS _ GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED j CLAIMS MADE 11 OCCUR PREMISES MED EXP(Any one person) PERSONAL BADV INJURY GENL AGGREGATE LIMIT AP PLIERS PER GENERAL AGGREGATE POLICY n PRCUECT I I LOC PRODUCTS - COMP /OP AGG AUTOMOBILE LABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON- OWNED AUTOS — (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY AGO EXCESS/UMBRELLA LABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION E I I LLLJJJ ' WORKERS COMPENSATION AND -7 YI WC STATU- I I OTHER A EMPLOYER'S LABILITY TORY LIMITS ANY PROPRIETOR /PARTNER/EXECUTIVE 1888862 10/01/2011 10/01/2012 E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE- EA EMPLOYEE $1,000,000 If yes, please describe under SPECIAL PROVISIONS below E.L DISEASE - POLICYUMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /f EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1343746 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PIKIN COUNTY THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T ATTN: DAN CHICONE MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 485 RIO GRAND PLACE #101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Aspen, CO 81611 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Christina Mullins ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 11/02/2011 02:24:15 PM PINNACOL ASSURANCE PAGE 3 OF 3 CERTIFICATE HOLDER COPY PIKIN COUNTY ATTN. DAN CHICONE 485 RIO GRAND PLACE #101 Aspen, CO 81611 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1`k v 02 11 02:23p 13.1 s rA w S . .,... • Ken Richards reat „ ., Grand Junction, 3 CO 81501 Grand Junction, Othce: (970) 243 -100 « "'" " «c' Fax: (970) 245 -592 NOVEMBER 02, 2011 AUTO POLICY STATUS H PHONE: (970) 464 -7620 3UNN'S GENERATOR SERVICE INC MUTL 089 2445— A02 -06L DRG: 28 GRG: 26 LRG:07 2865 LOBE CREEK CT TERR: 015 RAND JCT CO 81503 -3063 09 FORD F350 SD CLASS:1L3HSO0000 PICKUP ACC FREE: JUL -02 -01 VIN: 1FTWW31R49EA06648 BIRTH: DEC -04 -50 STATUS:PAID DUE DATE: TERM DATE: TOT PREM: 716.90 AMT DUE: 0.00 OXD:JUL -02 -04 COV DATE:DEC -06 -10 PREV PREM: 749.43 A /1MM / 208.40 U —M 250 /300 69.26 C5000 13.98 D250 * 164.45 G250 257.91 H 2.90 INCL GLASS AMT PAID: 717.40 DATE PAID: JUN -17 -11 CRI 1610, AGE 60, MCD $67.46, AFD 10YR $160.11, VSD 20% $3.50, ODM 146 01 -09, THEFT PREV FEE $0.50. GUNN'S GENERATOR SERVICE INC 2009 FORD F350 SD 089 2445— A02 -06L EXCEP. & END: FINANCED — AMERICAN TOWER CORP 1898 —A LELAND DR SE MARIETTA GA 30067, ADD'L INSURED — AMERICAN TOWER 829 CICKENS INDUSTRIAL DR MARIETTA GA 30062, —SEE WEB, INS. CERT TERM NOTICE — TRI —STATE PO BOX 33449 DENVER CO 80223, 6835AF.2 COVERAGE EXTENSION FOR NAMED PERSON: DANIEL GUNN. EXCEPTION TO GENERAL TERMS #12— WAIVER OF SUBROGATION WITH REPECT TO AUTO LIABILITY COVERAGE ONLY IN FAVOR OF AMERICAN TOWER CORP. RP POL: 0892445 -06K POLICY FORM: 9806A1 COV. S & Z NAMES S AMT Z / V • A i t+ , .1 • r i ,1 , )0 i .� t b ,, cl- , i „--,„--,_ -7)- c„--.0 - 5,2 4- q , q g,,