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HomeMy WebLinkAboutbocc.con.364.2016 Z Z0I c kjm pTKIN Pitkin County CouNT' Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County Project Manager. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement helpapitkincounty.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 364.2016 Project Name Installation of Delce Pad Lighting Contractor Western Slope Electrical Contractor Budget Line Item 404.25.00000.82862 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 11/7/2016 Contract End Date 1/30/2017 Automatic Renewal Yes LI No 1i If Construction: Retainage Click here to enter text. If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Airport Project Manager Fil Meraz Project Manager 970/429-1881 Phone Provide a brief description of the contract: Install Delce Pad Lighting Contract Value Summary: Contract Amount 33600.00 This Change order/Amendment amount(if applicable) New Contract Total Procurement Method: None ❑ Informal® Formal ❑ Sole Source❑ Emergency D Contract Renewal ❑ Contract Type: Services/Maintenance ® Construction ❑ Goods,Equipment, Supplies ❑ Change Order/Amendment❑ Other,please explain❑ 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#364.2016 Rev. 8.29/11 jaa/jls Budget Line Item#404.25.00000.82862 MEMORANDUM TO: Pitkin County Manager FROM: Fil Meraz RE: De-Ice Pad lighting Install- $10,000-$49,000.00 DATE: 10/31/2016 Description of Project: Install 40' lights to insure the safety of the tenants using the airport de-ice pad. Budget:404.25.00000.82862 On project list approved by BOCC: (yes or no) Contractors Contacted: Mr. Electric,Electrical Outfitters, and Western Slope Electric. Proposals Received: (amounts,timelines,references) Mr.Electric N/A Unable to perform N/A work Electrical Outfitters N/A Unable to perform N/A work Western Slope Completed on or by Is able to perform N/A Electrical 1/30/2017, work $33,600.00 Firms chosen: (who and why)Western Slope Electrical was chosen because Mr. Electric is unable to meet the deadline for a quote and Electrical Outfitters do not have the appropriate equipment to perform the task - 4,—.4141Z .J__ -.:�a�rl/Iris■._ orized Signatui- For sole source and/or emergency procurement—use designated forms. Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained,complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. Contract#364.2016 ,F=I. ,..31.11 jay j Budget Line Item#404.25.00000.82862 fJKIN COUNT1 CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Western Slope Electrical Contractor, LLC 401 27th Street Suite 110 Glenwood Springs, CO. 81601 (hereinafter"Contractor"). 1. Term. The term of this contract is from November 7th, 2016 to January 30, 2017_. 2. Contractor's Obligations. Contractor shall: Install Delce pad lighting which consists of -100 amp electrical service box installment -Installing 500 feet of conduit pipe -Install wire from service e box to light pole -Dig 8 feet deep concrete base and install pole and equipment 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_33,600.00_for 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. Fil Meraz will manage the project as the County's Representative. The services 1 Contract#364.2016 R,1,, 8,31,1 I ;- Budget Line Item#404.25.00000.82862 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 84-78000-5K. 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 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 6 Contract#364.2016 Rev. 8.31.11 jaa/j Budget Line Item#404.25.00000.82862 whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 19. 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. 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: Fil Meraz Pitkin County Attorney's Office 0233 E. Airport Rd. 530 E. Main Street, #302 Aspen, Colorado 81611 • Aspen, Colorado 81611 Fax: (970) 920 5378 Fax: (970) 920-5198 Ph: (970)429 1881 B. To Contractor: Western Slope Electrical Contractor, LLC 401 27th Street Suite 110 Glenwood Springs, CO. 81601 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 7 Contract#364.2016 Rev. 8.31.11 jai!jc Budget Line Item#404.25.00000.82862 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. 8 Contract#364.2016 • Budget Line Iten*404.25.00000.82862 • IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein abov- .TOR• CO T ACOe 4-eackt1/40t._V eoti C i1 LL By:, `ji 4clQ Title Neil VP Y i))`-1'1 I o0 Date PITKIN COUNTY,CO ORA sill; A ...At_ 1 /1 6 i( 'rocurem- ,t Officer Ate PI di CO. Y,C I •Ai►0: , irport Director ►'ate 9