HomeMy WebLinkAboutbocc.con.189.2012 Rev. 08-30-I1 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 189-2012
ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Dustin Havel PHONE#: 970-429-1867
PRCIJECT NAME: AOC-SRE Bay Wash and Paint CONTRACTOR: Stewart Custom
Builders, Inc.
DOLLAR AMOUNT: 43 500.00 LINE ITEM# 404.2992229.82283
CONTRACT EXECUTION DATE: 8/13/2012 CONTRACT END DATE: 9/30/2012
AUTOMATIC RENEWAL: ❑YES �NO TERM: 08/13/2012-09/30/2012
❑ 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: � � G��� '7`�L
� Services/Maintenance ❑ Employment
❑ License/LJse ❑ 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$25K whichever is the lesser must have County Manager signature)
AIl Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ �No Pages Missing ✓�All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank—Note on Page ✓�All Exhibits Attached
✓ �Page numbered consecutively ✓�All Legal Descriptions attached (f applicable)
✓ �All Original Signatures Affixed ✓0 Notice of Award/Notice to Proceed Attached ('f applicable)
✓ � All Dates Filled In ✓0 Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ � Authorized Procurement Officer's Name: Dustin Havel
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract# 189-2012 Rev. 8.31.11 jaa/js
Budget Line Item#404.29.92229.82283 2/6/20121m
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CONTRACT FOR PROVISION OF SERVICES
Airport Operations Center(AOC) Snow Removal Equipment Bay Wash and Repaint
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Stewart Custom Builders, Inc., 100 Elk Run Drive, Suite 215 in
Basalt, CO 81621 (hereinafter"Contractor").
1. Term. The term of this contract is from August 9th, 2012 to September 30th, 2012.
2. Contractor's Obli at� ions. Contractor shall provide all services as outlined in the attached
"Exhibit A".
3. Com_pensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2. It
is expressly understood and agreed that in no event will the total compensation and reimbursement to be
paid hereunder exceed the sum of$ 43,500.00 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. Count,y'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. Dustin Havel will manage the project as the County's Representative. In the event that
Dustin Havel is not available, Scott Benesh 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.
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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
confract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this contract.
D. Contractor shall 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 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. 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.
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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, 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 wark 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 fraudu-
lent.
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 wark 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.
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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
2. Commercial General Liability—ISO 1 CG 0001 form or equivalent.
(YVith 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)
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• 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.
2. In addition,these Certificates of Insurance shall contain the following clauses:
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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 Taxes or Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
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
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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 praperty damage whatsoever which is caused by the negligence
or other misconduct of the County or its agent or employees.
19. Current Year Obli atg ions. 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:
Dustin Havel Pitkin County Attorney's Office
0233 East Airport Rd. 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: 970-429-1892 Fax: (970) 920-5198
B. To Contractor:
Peter Stewart
Stewart Custom Builders, Inc.
100 Elk Run Drive, Suite 215
Basalt, CO 81621 '
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. [NotApplicable 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
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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-Verify 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 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 affirms 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.
CONT TOR:
By: '
Title (�� �/13��'Z
Date
PITKIN COUNTY, COLORADO:
,
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Dustin Havel Date
Assistant Aviation Director—Operations and Facilities
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Contract# 189-2012 Rev. 8.31.11 jacz/js
Budget Line Item#404.2992229.82283 2/6/2ot21m
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