HomeMy WebLinkAboutbocc.con.068.2014 Rev. 08-30-11 jls
COUNTY CLERK'S
. CONTRACT COVERSHEET
CONTRACT #: 68.2014
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Jodi Smith PHONE#: 9205396
PROJECT NAME: Courthouse Plaza Asbestos Inspection CONTRACTOR: HealthSafe Inspections
Inc.
DOLLAR AMOiJNT: $2,135.00 LINE ITEM# I 10.18.92818.82722
CONTRACT EXECUTION DATE: 3/21/2014 CONTRACT END DATE: 4/24/2014
AUTOMATIC RENEWAL: ❑ YES �NO TERM: One month
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $SQ000 (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 (Immigra[ion Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE: /� �� ��
V U
� 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 OrdedContract Amendment
- (C/O: 10%or$25K whichever is the Iesser must have County Manager signaturc)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ❑ No Pages Missing ✓❑ All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank—Note on Page ✓Q All Exhibits Attached
✓ ❑ Page numbered consecutively ✓❑ All Legal Descriptions attached ('f appJicable)
✓ ❑ All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached ('f applrcable)
✓ ❑ All Dates Filled In ✓❑ Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ❑ Authorized Procurement Officer's Name:
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHEU llOCUMENT HAS I3EEN PROOFED AND REAllY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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CONTRACT FOR PROVISION OF SERVICES
ASBESTOS INSP�CTION —COURTHOUS� PLAZA
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Co�runissioners ("County") HealthSafe Inspections Inc., 1052 Vine St., Aspen, CO 81611
(970.920.2100) (hereinafter"Contractor").
1. Term. Tlie term of this contract is from March 24, 2014 to Apri( 24, 2014.
2. Contractor's Oblieations. Contractor shall perform an asbestos bttilding inspection,
sarupling, �nd report for the Pitkin Counfy Courthouse Plaza. Contactor's sampling shall not exceed �
up to eighty (80)asbestos bulk analysis witlt 1 three-to-five (3-S)day turnaround at Eighteen Dollars
($I 8.00) per sample. This sampling of building materials shall comply with the State of Colorado
and the Environmental Protection Agency regulations as required for building reuovations. No
building components will be demolished or removed to examine inaccessible areas. County staff
members will provide access to all areas Please schedule all work by emailing 24-hour's advance
notice to: facilities(til�pitkincoun , .com.
3. Compensation and Expenses, Invoicing• Payment and Offset. The County sha(l compensate
Contractor for its se�vices in accordance with the Project Budget and Schedule set out in Pacagrapl�2.
lt is expressly understood and agreed that in no event wi11 the total compensation and reimbursement
to be paid hereunder exceed the sum of Two Thous�ncl One Himdred Thirty-Five Dollars
($2,135.00) for all services rendered. By contract or vnendment, 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's proposal is set foi4h in Attachment A.
4. Countv's Exclusive Ownership of Woi•k Product. Drawings, specific�tions, 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 oreated pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perfoim 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.
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5. Pitkin Counh�'s ObliQations. Pitkin County shall administer this contract tlu•ough a Connty
Representative, Jodi Scnith, Facilities Superintendent, will manage the project as the County's
Representative. The seivices provided and products delivered by the Contractor imder this contract
will be subject to review by the Coanty'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 teiYnination
a��d specifying the effective date thereo£ Such notice shall be given at least ten (10) days before the
effective date of such termination. In such event afl finished or unfinished docwvents, data, studies
and reports prepared by the Contractor pursuant to this conh�act shall become the County's property.
Contractoi` shall be entitled to receive compensation in accordance with the contract for any
satisfactoiy work completed pursuant to the terms.of this contract prior to the date of termination.
Norivithstanding the above, Contractor shall not be relieved of liability to the County for damages
sust�ined by the County by virhie of�uy breacl� of the contract by the Conh�actor.
7. Independent Contractor Status.
A. Tlie paities to this contract intend that the relationship behveen them contemplated by
the contract is that of iudependent contractor. Contractw•, and any agent, employee, or servant of
Contractor sfiall not be deemed to be an employee, agent, or seivant of Pitkin County.
B. Contractor is not required to offer his seivices exclusively to Pitkin Cotmty under this
contracL Contractor may choose to work for otlier individuals or entities dw•ing 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 confonn to all applicable industry
standard of care, skill .and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor sltall 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. Conh•actor is not entitled to any Workers' Cotnpensation benefits through Pitkin
County and is responsible for payment of any federal, state,FICA and other income taxes:
8 Assi ng abilitv. This contract is not assignable by either paily. Any use of subcontractors by
the Contractor fw'peifoirnance of this contract nmst be accepted in writing by the Connty.
9. Bindin� Arbitration. Any dispUtes vising 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
iules of the American Arbitration Association and shall be presided over by the Pitkin County
Hearing OCficer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall
be awarded to the substantially prevailing party.
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10. . Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforcelble, tlie remaining provisions of this contract sha(I remain valid and binding «pon the
parties hereto
1 l. Inte�ration and Modification.
A. This coutract i•epresents the entue and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This conh•act may be amended only by written contract signed by both the Comity and the Contractor.
B. The County may, from time.to time, request changes in the scope of services of the
, Contractor to be perforiued hereunder. Such changes, including the increase or decrease in the
amount of the Contractoi's compensation, which are mutualiy agreed upon between the County and
the Contractor, shall be in �vriting and upon execution shall become part of this wntract.
12. Indemni .
A. Tlie Conh•actor agrees to indemnify, Itold harmless aud, not excluding the County's right
to puticipate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, tii�stees; employees, agents, volunteers, and any jurisdiction or agency
issuing permits for any work included in the project„ hereinafter referred to as indeavutee, S�om all
suits 1nd claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature uising out of the work done in fidfiliment 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 tltat 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, ttte Conh�TCtor agrees to waive all rights of snbrogation against the County its subsidiary,
parent, �ssociated and/or affiliated entities, successors, or assigns, its elected officials, tnistees,
employees, ageuts, and vo(unteers for losses arising fi•om the work pei�'onned by the Contractor for the
County.
B. Tlie Contractor fiuther 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 a• lawsuit is groiindless,
false or fraudulent.
13. Insurance. Contractor and su6contractors shall procure and maintain until all of their
obligations have been discharged, inclttding any wai7�anty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property wluch may arise fi�om or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The insurance re�uirements 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
Contr�ctor from liabilities that might arise out of the performence of the work under this Contract by
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the Contcactor, its agents, representatives, employees,or subcontractors. The Contractor shali assess
its own risks and if it deews appropriate andlor pnident, maintain higher limits aud/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
the Contracl by reason of its failure to obtain or maintain insurauce in sufficient amounts, duration,
or types.
A. Coverage and Limits of L�sur�uce. Contractor shall provide coverage with limits of
liabifity 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.
l. Stah�tory Workers' Compensation: Colorado stah�toiy minimums
a. Policy shall cont�in a waiver of subrogation against the Couuty. '
b. This requirement shall not apply when a contractor or sttbcontractor
is exempt under Colorado Workers' Compensation Act., AND whemsuch
contractor or subconU�actor executes tlte appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Stah�tory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial Genecal Liabiliry—ISO 1CG 0001 foim or eqaivalent.
(YVith County nar�recl as an nddiiionnl instn•ed)
Minimum Limits:
General Aggregate $ 2,000,000
Prodttcts/Completed Operations Aggregate $ 2,000,000
Each Occuirence L'unit $ 1,000,000
PersonaVAdvei�tisu�g Injmy $ 1,000,000
Fu•e Damage(Any One Fu•e) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Erplosions, Collapse and Underground Hazards
• Persona(/Adveitising Injuiy
• Products/Completed Operations
• Liability assumed under an Insured Contr�ct(including defense costs assumed imder
contract)
• Independent Contractors
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e Designated Constivctiou Projects(s) Gen8ral Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
e Additional Insured—Owners, Lessees or Contractors Endorsemeut, ISO Form 2010
(2004 Edition or equivalent)
• Additiona(Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
e The policy shall be endorsed to include the following additional insured language on
the Additional Insured Endorsements specified above: "Coimty, its subsidiary, parent,
associated and/or affiliated eutities, successors, or assigns, its elected officials,
t�l�stees, employees, �gents, and volunteers named as an additional insured with
respect to liability and defense of suits arising out of tl�e activities performed by, or on
behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, tured, �md
non-o�vned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injuiy/Property Datnage(Each Accident) $ I,000,000
4. Special Coverages (cl�eck as appropi•iale nnd insert nnrainl):
❑(1)Pei�fo�mance Bond $
Q(2)Professional Errors and Omissions
❑(3)Aircraft Liability
❑(4) Owner's Protective
❑(5) Builder's Risk
❑(6) Boiler and Maclilnery
❑(7) Loss of Use Insurance ,
❑(8)Pollution Liability
❑(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of[nsurance:
]. Each insnrance 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 premiiim, then ten(]0) days prior notice may be given.
Such notice shall be sent directly to (County Representative's Name &Address). If the
insarance carrier will not provide the required notice, the Consultant/Contractor and or its
insiu�nce 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 requu•ed coverages,
reseives established on�ccount of such claims, defense costs expended and amounts cemaining
on policy limits.
2. In addition,these Certificates of Insurance shall contain the following clauses:
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a. The contractoi's insurance shall be primary and non-contributory with
any insurance or self insurance purchased by the Counry.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against tlie County of Pitku� for payment of any premiums or for
assessments under any form of policy.
c. Airy and all deductibles or self insured retentions in the above-described
insmance policies sh�ll 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 �vhicli
work for the referenced Project is being done."
3. Ceitificates of liisurance for all renewal policies shall be delivered to tlte
County's Representative at least fifteen (IS) days prior to a policy's expiratiori date except fa•
any policy expu•ing on the expiration date of tlus contract or tliereafter.
4. The County reseives tlie right to request and receive a copy of any policy and
�ny policy endorsement at any tune during the teim of this contract.
14. Exemptions and Preferences. All purchases of coustruction or building or any other materials
for tlus contract shall not include Federal Excise T�xes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes undec registr�tion numbers 98-02624 and 84-78000-SK.
I5. Records. The Contihctor shall maintain comprehensive, complete and accurate books, records,
a��d documents concer��ing its performance relTting to this contract for a period of tlu•ee (3) years after
final payment under the contract and the Cottnty shalt have the rigUt within the tlu�ee (3) year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasa�able times, for the purpose of determining, by accepted accounting and auditing standards,
compliance�vith all provisions of the contract and applicable law.
16. Contract Made in Colorado. The parties agree that this covh•act was made in accordance with
the laws of the State of Colocado and shall be so construed. Venae is agreed to be exclusively in t6e
courts of Pitkin County, Colorado.
17. Attome 'y s Fees. In the event fliat legal action is necessary to enforce any of the provisions of
this contract beyond the az�bitration described iri Paragraph 9, the snbstantially prevailing party shall be
entitled to its wsts and reasonable attorney's fees.
18. Governmental Immunitv. Contractor agrees and understands that Pitkin Coimty is relying on
and does not waive, by any provision of this contract, the monetary limitations or te�nis (presently
$I50,000-per.person 1nd $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmeufal Inununity Act, 24-10-1O1, et se9., C.R.S., as.from time to
titne amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in this contract shall be constr�ued or inteipreted to requn�e or provide for
indemnification of the Contractor by the Cotmty for any injuiy to any person or any property.damage
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whatsoever which is caused by the neg(igence or other misconduct of the County or its agent or
employees.
19. Cnrrent Year Oblieations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for fiihire appropriations shall constitute only currently budgeted
expendihires of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's anm�al right to budget and appropriate tlie sums necessary to provide the services set foi�th
herein. No provisions of the con�ract shall constitute a mandato�y charge or requirement in any
ensuing fiscal year beyond the then cun•ent fiscal year of Pitkin County. No provision of the contract
shalf 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 constih�tional or statutory debt
limitation. This contract shall not direcdy 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 coustn�ed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of tliis contract restrict tl�e fi�ture issuance of Pitkiu County's.bonds
or any obligations paylble fi•om any class or source of Pitkin County's money.
20. Notice. Any written notice rec�uired by this contract shall be deemed delivered tivough any of
the following: (1) hand delivery to tlte pecson at the address below; (2) deliveiy by facsimile with
confu•mation of receipt to tlie fax number below; or(3) within tiu�ee (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 Pitkin Couuty Attorney's Office
Facilities Superintendent 530 E. Main Street, #302
485 Rio Grande Pl.,#101 Aspen, Colorldo 81611
Aspen, Colorado 8161 I Fax: 970.920.5198
Fax: 970.920.5285
B. To Contractor:
HealtliSafe Inspections Inc.
1052 Vine Street
Aspen, CO 816ll
No fax available. Email: baker@sopris.net
21. Public Contracts for Seivices and Public Contracts with Natural Peisons. 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-IOL [NolApp/irnb/e!o ngree»�enfs
� relali�:g to Nie offer, issunitce, orsnle ofsectn�ities, iiiveslt�feirf adviso�y services orfi�nd
funnnge»rent servrces, sponsored prajects, i�ttergove�vrnre�rtril agree»rents, OY!/{fOY/)101l0/1
tecGno%gy services or prorlrrcls mid services] Conti�actor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
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aud will confirm the employment eligibility of all employees who are ne�vly hired for employment in
the United States to perform work under this conU•act, tlu•ough paiticipation 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 en illegal alien to perform work utider tlus conh•act or enter into a
contract with a subcontractor that fails to ce�tify to Contractor that the subconh•actor shall not
knowingly employ or contract with an illegal alien to perf'orm work under this contract. Contractor
(a) sttalt not use E-Verify Program or DepaiKment program procedures to uudertake pre-emptoyment
screening of job applicauts while this contract is being performed, {b) shall notify the subcontractor
aud the contracting State agency within three days if Contractor has ach�al knowledge that 1
subcontractor is employing or confracting with an i[legal alien for work under this contract, (cj shatl
tei•minate tlie subconUacl if a subconh•actor does not stop employing or contracting with the ilJegal
aliec� within tlu•ee days of receiving the notice, and (cl) shall comply with reasonable requests made in
� the course of an investigation, tmdertaken pursuant to CRS §8-17.5-102(5), by tfie Colorado
Departmeut of Labor at�d Employtnent. If Contractor participates in the Depa�tment program,
Contractor shall deliver.to tlie contracting Stale agency, Instihition of Higher Education or political
snbdivision a written, notarized affinnation,affirming tliat Contractor has examined the legal work
status of such employee, and syall comply tivith all of the other reqiiirements 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 conh�act for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITI-I NATUI2AL PERSONS CRS §24-76 5-101 Contractor, if a nahiral
person eighteen (1 S)yeacs of age or older, l�ereby swears and af£�rms under penalty of peijury fhat he
or she (a)is a citizen or other�vise l�wfiilly 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 conhact.
IN WITNESS WHEREOF, the parties l�ave executed this conU�act es of tlie date first set out herein
above.
CONTRACTOR:
HEALTHSAFE INSPECTIONS INC.
S�
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By: � � J��es
Title 1�!-Ps��� 03����Z�Jy
ate �
PITKIN COUNTY, COLORADO:
B • �--.�,I - � � �
Jodi S i i Date
Facilities Supervisor
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HealthSafe Inspections Inc ATTACHMENT A ESTIMATE
1052 Vine St
Aspen CO 81611
Account# 09I80601
Jim Baker,CIE,CSDS,CM... Date: 2I28/2014
��o..z/oo
Customer Address: �P Service Address:
Pilkin County pitkin County
530 E Main St,Sle 202 530 E Main St
ASpen CO 81611 Aspen,CO 8161 I
Description Est, Hours/Qty. Rate Total
Asbestos Building Inspection, Sampling&Report 1 650.00 650.00
Asbestos Bulk Sample- PLM Analysis: 3-5 Day 55 18.00 990.00
Turnaround
FedEx Overnight Shipping of Samples to Laboratory 1 45.00 45.00
I look forward to serving you and helping with your indoor environmantal
concerns.
SIGNATURE
Phone: Payments are due upou completion of work.Credit is
extended anly to those cuslomers�vith prc-approved accounts,
970-920-2100'
� Check N
❑ Cash ❑ GC:Type fl Exp_/_
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