HomeMy WebLinkAboutbocc.con.358.2016 7/2015 kjm
tjTKIN Pitkin County
CouNT1[ Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 358.2016
Project Name Jail Max Repaint
Contractor Innovative Painting Systems,Inc
Budget Line Item 420.98.95172.82516
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date 10/20/2016
Contract End Date 11/10/2016
Automatic Renewal Yes 0 No
If Construction: Retainage Yes$ or % No
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Facilities
Project Manager Smith Project Manager (970)920-5396
Phone
Provide a brief description of the contract:
Repainting of the max jail cell that was flooded
Contract Value Summary:
Original Contract Amount $7,700.00
Previous Change Order/Amendment Amount(if applicable) $
This Change order/Amendment amount(if applicable) $
New Contract Total $7,700.00
Procurement Method:
None 0 Informal►5 Formal 0 Sole Source 0 Emergency ❑ Contract Renewal 0
Contract Type:
Services/Maintenance CI Construction 0 Goods,Equipment, Supplies 0
Change Order/Amendment 0 Other, please explain 0 Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#358.2016 Revision:10/05/2016 btf
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COVNTI
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
JAIL MAX REPAINT
THIS CONTRACT, made October 25, 2016 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621,
(hereinafter called the"County")and Innovative Painting Systems, Inc, 898 Hwy 133, Suite#403,
Carbondale,CO 81623 (hereinafter called the"Contractor")to perform the following work: Pitkin
County Jail -Max Repaint("Project").
Term of Contract: The term of this contract is from October 26,2016 to November 18,
2016.
II. Contractor's Obligations. Contractor shall provide labor and materials for the
following work to be completed:
• All work to be done in the max dayroom x7, cell x5, and shower stall only
• Scrape/wire brush all loose and bubbling paint from walls, frames and doors
• Sand hollow metal doors where bubbling paint occurred-spot prime
• 1 coat of loxon masonry primer on all concrete walls to ensure adhesion
• 2 coats of paint on walls and ceiling
• 2 coats of paint on hollow metal doors and frames
III. 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 Section II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
seven thousand seven hundred dollars and zero cents ($7,700.00) 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. Any payment by the County may be offset by any
amount the Contractor owes the County for any reason.
IV. 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
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materials produced in the course of this contract for marketing purposes and
professional presentations, articles, speeches and other business purposes.
V. Pitkin County's Obligations. Pitkin County shall administer this contract through
a County Representative. Jodi Smith,Facilities Director will manage the project as the
County's Representative. In the event that Jodi Smith is not available, an alternate
person will be assigned and 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.
VI. 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.
VII. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated
by the contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during
the term of this contract, provided that the basic services and deliverable products
required under this contract are submitted in the manner and on the schedule
defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations
under this contract.
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.
VIII. Assignability. This contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this contract must be accepted in
writing by the County.
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IX. 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.
X. 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.
XI. 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.
XII. 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.
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XIII. 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 policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by 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. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three(3)years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of 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 e,tetuteg 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.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
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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 Project(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured—Owners,Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials,trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed
by, or on behalf of the Contractor, including completed operations".
3) Auto Liability: Bodily injury and property damage for any owned,
hired and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage(Each Accident) $ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. 0 Performance Bond $
b. 0 Professional Errors and Omissions
c. 0 Aircraft Liability
d. 0 Owner's Protective
e. 0 Builder's Risk
f. 0 Boiler and Machinery
g. 0 Loss of Use Insurance
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h. ❑ Pollution Liability
i. ❑ 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 Katherine McEntyre, Pitkin County Procurement, 123
Emma Rd., Suite#106, Basalt, CO 81621. 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 Project Lead a certified statement as to claims
pending against the required coverages, reserves established on account of
such claims,defense costs expended and amounts remaining on policy limits.
2) In addition,these Certificates of Insurance shall contain the following
clauses:
a. The contractor's insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be! "all operations and locations at which
work for the referenced Project i5 being clone.”
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.
XIV. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XV. 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
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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.
XVI. 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.
XVII. 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.
XVIII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in this contract shall be construed or interpreted to require or provide for indemnification
of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its
agent or employees.
XIX. Current Year Obligations.The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County's obligations under
this contract are subject to Pitkin County's annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the contract shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County's then
current fiscal year.No provisions of this contract shall be construed to pledge or create
a lien on any class or source of Pitkin County's moneys,nor shall any provision of this
contract restrict the future issuance of Pitkin County's bonds or any obligations payable
from any class or source of Pitkin County's money.
XX. Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (1) hand delivery to the person at the address below or (2) by
certified first class mail,postage prepaid,return receipt requested addressed as follows:
To Pitkin County: with copies to:
Jodi Smith Pitkin County Attorney's Office
485 Rio Grande Place#101 123 Emma St., Suite#204
Aspen, CO 81611 Basalt, Colorado 81621
Phone: (970) 920-5396 Email: Attorney@pitkincounty.com
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Email:jodi.smith@pitkincounty.com
To Contractor:
Innovative Painting Systems, Inc
898 Hwy 133, Suite#403
Carbondale, CO 81623
Phone: (970) 963-1245
Email: rollinips@sopris.net
XXI. 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 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
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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.
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IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
Innovatiive Painting Systems, Inc
474.4„a_l.
‘-fffq tcp/i6
Signature Date
RA(1.A AMrtdk Gr-
Printed Name Title �J
PITKIN COUNTY, COLORADO
RECOMMENDED FOR A ROVAL:
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Jodi Smi Date
•
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