HomeMy WebLinkAboutbocc.con.024.2012Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 24.2012
ORIGINATING DEPARTMENT: Facilties
PROCUREMENT OFFICER: Jodi Smith PHONE #: 5396
PROJECT NAME: Annual Plumbing Services CONTRACTOR: All Valley Maintencne &
Mechanical Inc (AVMNI� ,
DOLLAR AMOUNT: t t10.00 LINE ITEM # various buildings
CONTRACT EXECUTION DATE: 4/10/2012 CONTRACT END DATE: 4/10/2013
AUTOMATIC RENEWAL: � YES ❑ NO TERM: 41-yr terms
❑ 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/Nlaintenance
❑ License/LTse
❑ Lease
❑ Construction
❑ Goods, Equipment, Supplies
❑ Ofher (e.g. revenue)
i � � �!��; �' �"��"�
❑ Employment
❑ Intergovernmental Agreement (Resolution Required)
❑ Non-Profit
❑ Quasi-Public (e.g.-AVH)
❑ Grant Agreements (Notify Finance & Resolution Required)
❑ 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 e�chibits 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 Eachibits 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: Jodi Smith, Facilities manager
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 WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
�,_ -�..�.�
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CONTRAGT # 24-2oi2
Budget Line Item# charged per jacility per job
i1'KIN
COUNT�
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FACILITIES MANAGEMENT
Rev. 8.31.11 jaa/js2/6/2012js.
CONTRACT FOR PROVISION OF SERVICES
PLUMBING MAINTENANCE AND REPAIR SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and All Vallev Maintenance & Mechanical. Inc 218 East Valley Road
Suite 104/145 Carbondale Colorado 81623 (hereinafter "Contractor").
1. Term. The term of this contract is from April 10, 2012 to April 10 2013. At the expiration
of the initial term, the contract may be extended for an additional term of a one-vear_periods not to
exceed five (5� additional one-yearperiods by the express written consent of both parties.
2. Contractor's Obli ations. Contractor shall provide annual maintenance and repair services
for the following facilities:
Pitkin County Courthouse 506 East Main Street, Aspen Colorado
Pitkin County Courthouse Plaza 530 East Main Street, Aspen Colorado
Pitkin County Jai1485 Rio Grande Place, Aspen Colorado
Pitkin County Library 120 North Mill Street, Aspen Colorado
Pitkin County Health and Human Services 405 Castle Creek Road, Aspen Colorado
Pitkin County Public Works 76 Service Center Road, Aspen Colorado
Aspen Ambulance Quarter 401 Castle Creek Road, Aspen Colorado
I. SCOPE OF WORK
Service provider shall perform experienced Plumbing work to include repair,
maintenance, demolition and new installation of commercial buildings and other various
County assets. The contractor will occasionally be required to work non-traditional
hours, i.e.; hours other than 7:OOa.m. to 5:00 p.m., Monday — Friday, which includes
weekends and holidays. Pitkin County expects quality work, which may exceed
minimum industry standards. Needed services during the contract period will be
requested through the issuance of work orders. All work orders should have a building
name and/or work order number and should be referenced on all invoices and statements.
There is no guazanteed minimum amount of services to be ordered. No single work order
shall exceed $9,999 annually for all services rendered. Pitkin County reserves the right to
supply any or all materials.
The service shall include, but is not limited to:
a) Provide or schedule normal services as established in the work order within seven
(7) working days. Response is determined to mean that all work shall commence
within the specified time frames where the necessary parts are readily available.
1
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO H1611
97o-92O-5396� 970-920-52$5 Fax or email: jodis@co.pitkin.co.us
111Y � '_"__. � .. _. . , .
CONTRACT # 24-2oi2
Budget Line Item# charged per facility per job
2
Rev. 8.31.11 jaa/js2/6/2012js
When parts need to be ordered, the parts shall be ordered within the specified time
frames and work will commence within 72 hours upon receipt of the parts.
b) Provide emergency or urgent requested services within four (4) hours of request.
c) Provide an after normal work hours phone number to be used by the County to
request emergency or urgent needed services.
d) Workmanship level shall be the standard of practice and acceptable to the Facility
Manager or designee.
e) Contractor sfiall install energy efficient parts and/or equipment on all County jobs,
unless authorized by the County Energy Manager.
fl Contractor shall attempt to recycle all parts and or equipment removed from
County assets.
g) Job site clean-up must be done at the end of each day and again at the end of each
job/project. County dumpsters shall not be used for Plumbing debris, unless
authorized by Facilities Manager or designee prior to doing soe
h) Proposal shall include the percentage of markup on parts over actual cost.
i) Travel time shall not be charged.
j) Provide all documentation on all work completed; panel schedules, instructions,
data sheets, warrantees, etc.
k) Notify the Facilities Manager of any items discovered while working on county
assets; submit written recommendations for corrective measures including scope
and estimated cost.
II. Contractor Qualifications. Confractor must:
a) Provide a statement of Company years of experience in commercial plumbing
services and commercial repair.
b) Must be a licensed plumber in the State of Colorado and have a contractor
license in the City of Aspen/Pitkin County.
c) Carry insurance levels as indicated in the Contract documents.
d) Obtain permits and have work inspected is the responsibility of the successful
proposer, per City of Aspen and Pitkin County code requirements. Contractor
shall schedule .and be present at all Plumbing inspections as required and
certificate shall be provided to the County.
e) Provide evidence of having adequate and sufficient equipment to perform quality
services.
� Perform wark to the current Plumbing codes as accepted by the City of Aspen
and Pitkin County building officials.
II. Work Order Procedure:
a) Contractar will invoice for all jobs completed on a unit price basis consistent
with the prices established in awarded proposal, including appropriate mark up
on materials, if any. Material invoices must be included with the billing
invoices.
b) Job work order number and building must be included on the billing invoices.
c) Maximum of 1 haur per trip of travel time shall be allowed, commute from
Basalt.
Pitkin CountyFacilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i61i
97Q-92O-5396� 970-920-5285 Fax or email: jodis@co.pitkin.co.us
CONTRACT # 24-2oi2
Budget Line Item# charged per facility per job
III. LTNSATISFACTORY PERFORMANCE:
Rev. 8.31.11 jaa/js2/6/2012js
a) Pitkin County may consider the following performance by the Proposer as
unsatisfactory performance. An unsatisfactory performance determination shall
not be limited to the following:
b) In excess of one service "call back" to correct the same problem within 30
consecutive cal�ndar days.
c) In excess of one instance within one calendar year of vendor personnel assigned
to an authorized service call not having the skill or knowledge to diagnose the
problem and/or perform the repair.
d) In excess of two instances within one calendar year of response time, as defined
in this specification, to an authorized service call exceeding the two-hour limit.
IV. PERFORMANCE WARRANTY:
Work performed under the purchase order shall meet all applicable requirements of the latest
revision of the Mechanical, National Electrical and Unified Building and Plumbing codes.
The vendor shall guarantee all work included in the purchase order against any defects in
workmanship; and shall satisfactorily correct, at no cost to Pitkin County, any such defect that
may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance by Pitkin County.
V. MATERIAL WARRANTY:
Parts furnished under the purchase order shall be the latest improved models in current
production, as offered to commercial trade, and shall be of quality material. USED,
SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR
DISCONTINUED MODELS OR MATERIALS ARE NOT ACCEPTABLE. The warranty
period for Proposer provided materials shall be for a period of one year after completion of
the installation or within the manufacturers' warranty, whichever is the later period. The
warranty period shall commence upon date of acceptance by Pitkin County. Proposer shall
provide the authorized Pitkin County representative with all manufacturers' warranty
documents upon completion of installation and prior to leaving the job site.
VI. SAFETY
a) Proposer sha11 provide all equipment and tools which shall be the appropriate
type for the task to which its use has been assigned and shall be well maintained,
calibrated, and in proper working order before use in the performance of the
service.
b) Proposer sha11, prior to commencing work, thoroughly examine and become familiar
with the system(s) and associated facilities to ensure the service can be completed in
an orderly, safe manner. Proposer shall maintain a safe work environment at all times.
Proposer shall report immediately to Pitkin County's authorized representative the
existence of unsafe condition(s), which will compromise the performance of the
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
97o-92O-5396� 970-92o-52g5 Fax or email: jodis@co.pitkin.co.us
CONTRACI' # 24-2oi2
Budget Line Item# charged per faciliry per job
service.
VII. BUILDING RESTRICTIONS
Rev. 8.31.11 jaa/js2/6/2012js
a) PARKING: The Proposer shall make arrangements with the authorized Pitkin
County representative prior to off-loading tools and equipment at the job site.
Proposer shall park only in designated visitor parking spaces.
b) RESTROOMS: Restroom shall not be used for washing of tools and
equipment.
c) SECURITY: The Proposer shall provide and update the list of all personnel at
the job site and wear county ID's at all times while on-site. Proposer shall
comply with all security measures required by Pitkin County.
d) ACCESS: Proposer shall make prior arrangements with the authorized Pitkin
County representative for access to the building(s) for performance of the
service.
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 $9.999 per hourly rates
listed below for all services rendered annually. By contract ar 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. Contractor shall invoice for
the project monthly based on hours worked, with payment expected within thiriy (30) days of
invoice, but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
Normal Hours: from 7am to 5pm: $ 98.SOhr (master plumber) $78.SOhr (journeyman)
Overtime/Holiday rates: $ 98.SOhr (master plumber) $78.SOhr (journeyman)
Material Costs: The maYimum material mark-up the County will pay is as follows:
1) <$500.00 mark-up 10%
2) >$500.00 mark-up 8%
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.
4
Pitkin Couniy Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen; CO 8i6ii
97�-920-5396, 970-920-52$5 Fax or email: jodis@co.pitkin.co.us �
CONTRACT # 24-2oi2
Budget Line Item# charged per faciliry per job Rev. 8.31.11 jaa/js2/6/2012js
5. Pitkin County's Obli atg ions. Pitkin County shall administer this contract through a County
Representative. Jodi Smith, Facilities Manager will manage the project as the County's
Representative. In the event that Jodi is not available, Jack Wheeler, Facilities Project Manager 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 deiined 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 not attempt io 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 Warkers' Compensation beneiits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assignabilitv. 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. Bindin,g 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.
5
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, C0 8i6ii
97o-92O-5396� 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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C���� # 24-2012
Budget Line Item# charged per facility per job Rev. 8.31.11 jaa/js2/6/2012js
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
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. Indemni .
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,
ar assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing pernuts 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 properiy 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.
6
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
97o-92O-5396� 970-920-52$5 Fax or email: jodis@co.pitkin.co.us
CONTRAGT # 24-2oi2
Budget Line Item# charged per facility per job Rev. 8.31.11 jaa/js2/6/2012js
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.
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 Colarado Workers' Compensation Act., AND when such
contractor or subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
Statutory
$ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability — ISO 1 CG 0001 form or equivalent.
(With County named additional insured)
Minimum Limits:
General Aggregate
Products/Completed Operations Aggregate
Each Occurrence Limit
PersonaUAdvertising Injury
Fire Damage (Any One Fire)
Medical Payments (Any One Person)
Covera�e to inelude:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
$ 2,000,000
$ 2,000,000
$
$
$
$
1,000,000
1,000,000
50,000
5,000
• Liabillty 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)
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO H1611
97o-92O-5396� 970-92o-52g5 Fax or email: jodis@co.pitkin.co.us
8
CONTRACT # 24-2oi2
Budget Line Item# charged per facility per job
Rev. 8.31.11 jaa/js2/6/2012js
• 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 $
❑ (2) Professional Errors 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 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.
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
97o-92O-5396� 970-920-52$5 Fax or email: jodis@co.pitkin.co.us
CONTRACT # 24-2oi2
Budget Line Item# charged per facility per job
Rev. 8.31.11 jaa/js2/6/2012js
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.
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 Taa�es 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.
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 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 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
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6i1
97o-92O-5396� 970-920-5285 Fax or email: jodis@co.pitkin.co.us
CONTRAGT # 24-2oi2
Budget Line Item# charged per faciliry per job Rev. 8.31.11 jaa/js2/6/2012js
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obli at� ions. The parties acknowledge and agree that any payments provided
for hereunder ar 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 �ontract 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 paytnents
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:
Jodi Smith, Facilities Manager Pitkin County Attorney's Office
485 Rio Grande Place, #101 530 E. Main 5treet, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: 970-920-5285 Fax: (970) 920-5198
B. All Valley Maintenance & Mechanical Inc
218 East Valley Road Suite 104l145
Carbondale Co 81623
Fax 970.927.4036
21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with
the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this contract, through participation in the E-Ve�ify Program
or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a
10
Pitkin County Facilities Management, 4$5 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
97o-92O-5396� 970-920-5285 Fax or email: jodis@co.pitkin.co.us
CONTRACT # 24-2oi2
Budget Line Item# charged per facility per job Rev. 8.31.11 jaa/js2/6/2012js
contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS &24-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby swears and afiirms under penalty of perjury that he
or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR: All Valley M�,intenance & Mechanical Inc
:
Title �
Date
PITKIN COUNTY, COLORADO:
�
By; �• :;� �' � � Z_--
Jodi Smith, Faci rties Manager D te
By NA
Section Leader Date
NA NA
John Ely, County Attorney Date Kris Jewkes, Risk Management Date
11
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i61i
97o-92O-5396� 970-92o-52g5 Fax or email: jodis@co.pitkin.co.us