HomeMy WebLinkAboutbocc.con.165.2013 ., Rev. 08-30-11 jls
illir COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 165-2013
ORIGINATING DEPARTMENT: Public Works Transportation
PROCUREMENT OFFICER: Gerald Fielding PHONE#: -9205206
PROJECT NAME: Aspen Airport Business Center Potholing
CONT CTOR: Clemons Underground Services
;Ca 06
DOLLAR AMOUN 3S't99&9e, LINE ITEM # 110.54.92600.87370
CONTRACT EXECUTION DATE: 5/10/2013 CONTRACT END DATE: 11/1/2013
AUTOMATIC RENEWAL: ❑ YES ® NO TERM:
❑ BOCC AGENDA ITEM (Grants, IGA) 14 STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
S OVER$50,000(Requires Section Leader& County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal ® Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
® Construction ❑ Quasi-Public(e.g:AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance & Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing ✓® All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank—Note on Page IN All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable)
✓ ® All Original Signatures Affixed ✓® Notice of Award/Notice to Proceed Attached (f applicable)
✓ ® All Dates Filled In in Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Gerald Fielding
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! I
Contract#165-2013 Rev. 8.31.1 I roads
Budget Line Item# 110.54.96200.87370 2/6120t2 till
i4'? T IN
Cou N'r
CONTRACT FOR PROVISION OF SERVICES
Aspen Airport Business Center Potholing
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Clemons Underground Services (hereinafter"Contractor').
1. Term. The term of this contract is from May 10, 2013 to June 1, 2013.
2. Contractor's Obligations. Contractor shall provide the necessary equipment, labor and
materials to complete the potholing for utility locates at a price of Eight Hundred Fifty Dollars and
No Cents ($ 850.00) per hole as per quote.
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$ 25,000.00 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. 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. Gerald Fielding will manage the project as the County's Representative. 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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Contract# 165-2013 Rev. 8.31.11 joa/js
Budget Line Item# 110.54.96200.87370 2/6/2012 In,
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits
and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the terms of this
Contract or on account of any act, claim or amount arising or recovered under workers' compensation
law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law
or court decree. It is agreed that the Contractor will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by the Contractor for the
County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.
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
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Contract# 165-2013 Rev. 8.31.17 joa//s
Budget Line Item# 110.54.96200.87370 2M/2012 lm
• 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):
n(1)Performance Bond $
n(2) Professional Errors and Omissions
0(3)Aircraft Liability
0(4) Owner's Protective
n(5) Builder's Risk
0(6) Boiler and Machinery
n(7)Loss of Use Insurance
•
0(8) Pollution Liability
n(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.
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Contract# 165-2013 Rev. 8.31.11 ma/s
Budget Line Item# 110.54.96200.87370 2/6rzoI;In)
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:
Gerald Fielding, County Engineer Pitkin County Attorney's Office
76 Service Center Road 530 E. Main Street, #302
Aspen, Colorado 81611 ;—Aspen, Colorado 81611... '
Fax 970-920-5374 Fax: (970) 920-5198
B. To Contractor:
Clemons Underground Services
616 Orange Grove Way
Grand Junction, CO 81504
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-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
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