Loading...
HomeMy WebLinkAboutbocc.con.092.2003 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Pitkin County Public Works/Project Management Contact Person: Jodi Smith, Pr~|ect Manager Phone#: 920-5396 or 618-3717 __ BOCC AGENDA ITEM (BOCC signature required) )~. STAFF AUTHORIZED SIGNATURE (as per Procurement Code) Check Contract Type: Dollar Amount: k~ Services Intergovernmental Agreement Maintenance (Requires BOCC Action) License/Use Non Profit Lease Quasi-Public Construction Grant Agreements (Requires BOCCAction) Purchase Other Employment CONTRACT Signatures Required: Under 25K- Department Head 25-50K - Department Head (if appropriate), Section Leader Over 50 K - Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): g ~__~L~ Contract Start Date: /t_ 0 ~ Contract End Date: AllAutomatic Renewal (Y/N): y Ct~7+ ~ Contracts should be proofed for the following: · No Pages Missing · If a Page is Left Intentionally Blank - Note on Page · Page numbered consecutively · All Signatures Affixed · All Dates Filled In · All Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) · Notice of Award/Proceed Attached (if appropriate) Sent td[ Clerk and Re~llrder for Scanning/Archivi,n~ ~) <:::~ C~'x~-----'-~ Date: ?' Authorized Staff Person Signature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. S?A F AUTHORiZEr SIGNATURE· O0 NTi::~AC, T AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entered by and between Pitkin County, Board of County Commissioners ("Pitkin County") and A.B.C.D. Soderberg, LLC 211 AABC #B15, Aspen, Colorado 81611 (hereinafter "Contractor"). 1. Purpose. The purpose of this Agreement is to provide ANNUAL PLUMBING SERVICES for the following facilities: Pitkin County Courthouse, Pitkin County Courthouse Plaza, Jail, Library, Health and Human Services, Public Works, Airport, Airline Terminal, Airport Aircraft Rescue and Firefighters Facility, County Landfill, and Redstone Cabin and Public Bathroom. Description of Project: Service provider will perform experienced Plumbing work to include repair, maintenance, demolition and new installation on commercial buildings and other various County assets. The contractor will occasionally be required to work non-traditional hours, i.e. hours other than 8:00 a.m. to 5:00 p.m., Monday through Friday, and weekends. Pitkin County expects quality work, which may exceed minimum industry standards. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $24,000 will be issued. Pitkin County reserves the right to supply any or all materials. Awarded service provider must enter into the attached service agreement (for your review) and provide the required insurance. This agreement is effective for one year from the date on the service agreement. At the option of the County, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. Pricing changes shall be negotiated by and agreed upon by both parties and may not exceed the Counties budget. Written notice of renewal shall be provided to the Service Provider and mail no later than ninety (90) days prior to the contract end. Service Provider to: a. Provide normal services as established in the work order within seven (7) working days. Provide emergency or urgent requested services within four (4) hours of request. b. Carry insurance levels as indicated in attached Services Agreement. c. Provide an after normal work hours phone number to be used by the County to request emergency or urgent needed services. ' d. Clean-up the job site at the end of each day and at work completion. e. Obtain any needed permits for repair or installation work. f. Provide proof of personnel qualifications, to include but no limited to; copies of licenses, school certificates, letters of reference, etc. g. Provide evidence of having adequate and sufficient equipment to perform quality services upon request. 2. Term. The term of this Agreement is from April 1, 2003 to April 1, 2004. At the expiration of the initial term. This agreement is effective for one year from the date on the service agreement. At the option of the County, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. Pricing changes shall be negotiated by and agreed upon by both parties and may not exceed the Counties budget. Written notice of renewal shall be provided to the Service Provider and mail no later than ninety (90) days prior to the contract end. 3. Contractor's Obligations. Contractor shall provide annual plumbing services for routine maintenance and emergency call outs for all Pitkin County facilities. 4. Compensation and Expenses, Invoicing and Payment. The County shall pay the Contractor for performance of services hereunder. Payment of invoices submitted by Contractor hereunder is contingent upon completion of each task to the satisfaction of the County. Invoices shall itemize specific work done to complete the task, and include receipts for all reimbursable items. Within thirty (30) days of receipt of an invoice and approval thereof as required hereunder, payment shall be made by the County. Reimbursable expenses are zero may be billed on a monthly basis and will be paid within thirty (30) days of receipt of the invoice with a top-set of zero. In no event shall the total charges for services and reimbursements exceed: Regular work hours M-F 8am-5pm is $75hr Forman, $70hr journeyman, $65hr laborer and Overtime Rate is $112.50hr Forman, $105hr journeyman, $97.50hr Laborer with a materials mark-up of 50%. In the event the Contractor incurs time and expenses above said amount, no compensation for said additional time and expenses shall be required to be paid by the County without written authorization by the County. 5. County's Exclusive Ownership of Work Product. All work produced pursuant to this Agreement becomes the property of Pitkin County. 6. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a County Representative. Jodi Smith, County Project Manager will manage the project as the County's Representative. In the event that Jodi is not available, Temple Glassier, Public Works Deputy Director shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this Agreement will be subject to review by the County's Representatives, or a designee, for compliance herewith. The review comments of the County's Representative may be reported in writing as needed to the Contractor. To prevent an unreasonable delay in the Contractor's work, the County's Representative will endeavor to examine all deliverable products and other documents and will accept same and authorize payment or will specify necessary changes within ten (10) working days of receipt of such documents. 7. Cancellation. In addition to the right of termination referenced in Required Clauses hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor as provided in Paragraph 11 herein. 8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification, are attached hereto and incorporated by this reference. 9. Independent Contractor Status. a. The parties to this Agreement intend that the relationship between them contemplated by the Agreement 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 Agreement. Contractor may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services and deliverable products required under this Agreement are submitted in the manner and on the schedule defined under this Agreement. 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 Agreement. 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 Agreement. 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. 10. Assignablility. This Agreement is not assignable by either party. 11. Severability. If any clause, provision, subsection, Section or Article of the Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or unenforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of the Agreement. 12. Notice. Any written notice required by this Agreement shall be deemed delivered on the happening of 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: Jodi Smith, County Project Manager 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: A.B.C.D. Soderberg, LLC 211 AABC #B15 Aspen, Colorado 81611 Fax: 970-923-1999 13. Modification. This Agreement may only be modified by written agreement of both parties hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement Code and the Required Clauses attached hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above. CONTRA,C, TOR:/} ' O- Date PITY, LIN COUNTY: Jo~ha'i~, County Project Manager Date q Revised 2/26/02 REQUIRED CLAUSES For purposes of these Required Clauses, "Contractor" means ABCD Soderberg, LLC. Contractor shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CON- TRACTING LAW A. The Contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Ordinance # 00-18, approved April 26, 2000). As such, the Contractor agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference. B. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered a breach of this Agreement. Further, such failure to notify the County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. 2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Agreement to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. E. Conflict of Interest Prohibited. No official, officer, employee or representative of the County during the term of this Agreement or one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest prescribed in this Agreement shall be made a condition of and conspicuously set forth in every sub-contract and solicitation therefor. G. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to: (1) Terminate this Agreement without liability by the County; (2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and (4) Recover such value from the other offending parties. 3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/ WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises (DME/MBE/WBE). B. In connection with the execution and administration of this Agreement, and any subcontracts, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, handicap or status as a veteran. C. In connection with the performance of this Agreement, the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utili?~tion of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work, if any, under this Agreement. D. The Contractor will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty (50) or more employees or it is participating in con- tracts with the County, which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the County when requested by the County Attorney's Office within ten (10) days after selection. F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of payments under the Agreement until the Contractor complies, and/or (2)Cancellation, termination, or suspension of the Agreement, in whole or in part. 4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the performance of work under the Agreement may be terminated by Pitkin County: (1) Whenever the Contractor shall default in performance of this Agreement in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer as the County may allow or shorter, but not less than three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand-delivery, facsimile or mailing to the Contractor of a notice specifying the default as provided in Paragraph 11 of the Agreement. The Contractor shall not be in default by reasons of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the Contractor, the County shall ascertain the facts and failure, and, if the County shall determine that any failure to perform consti- tuted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or (2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its best interest and convenience. B. Notice of Termination. In the event of termination, the County shall deliver to the Contractor a written notice of termination, specifying the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery, facsimile or the date of mailing of the notice, as provided in Paragraph 11 of the Agreement. C. Termination Procedure. After the effective date of the notice of cancellation, termination for default or for the convenience of the County, unless otherwise directed by the County, the Contractor shall: (1) Stop work under the Agreement on the date specified in the notice of termination. (2) Place no further orders for materials, services or facilities. (3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. (4) With the approval or ratification of the County, settle all outstanding liabilities and all claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in part in accordance with this Agreement. D. Termination Payment. After the effective date of a notice of termination for the convenience of the County, the Contractor shall submit to the County his termination claim in the form of a final invoice in ~ccordance with the provisions in "Method of Payment," including costs incurred to the date of termination, and costs incurred because of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the Contractor on account of any default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions are granted in. writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the County may review the information available to it and determine the amount due the Contractor, if any, and pay the Contractor the amount as deter- mined. E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for default or for the convenience of the County. F. Remedies. The Contractor shall have the right of appeal from any determination made by the County under "Cancellation or Termination for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no such right of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amount the County has determined if there is no right to appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been taken. G. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.D. or 4.E., he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within thirty (30) days from the date of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. INTEGRATION AND MODIFICATION A. The Agreement constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value less than $50,000, no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of the Agreement on behalf of the County. Any such contract or modification to this Agreement must be in writing and be executed by the parties hereto. B. With respect to change orders under the Agreement, the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Agreement, subject to the requirements of the Procurement Code and the Finance Office. 6. INDEMNITY A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, dis- charge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judg- ment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omis- sions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. 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. 7. INSURANCE A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (1) Statutory Workers' Compensation: Colorado statutory minimums (2) Commercial General Liability - ISO 1998 Form or equivalent (County named additional insured) Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (Ail risks) to include (place X by applicable provisions): X Premises/Operations - -- Underground, Explosion & Collapse Hazard X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury (3) Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Coverage to include (place X by applicable provisions): X Any Auto Ail Owned Autos Hired Autos Non-Owned Autos __ Garage Liability (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 amount of project (6) Boiler and Machinery _. (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond EVIDENCE OF INSURANCE SHOULD BE SENT TO: Pitkin County C/o Jodi Smith. County Project Manager 76 Service Center Road Aspen, Colorado 81611 fax (970) 920~5374 B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the County Representative) no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverages required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk Department (and promptly update, as necessary) 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. C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) 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. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. 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 Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any policy endorsement. 8. EXEMPTIONS AND PREFERENCES A. All purchases of construction or building or any other materials for this Agreement 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. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at least equal to non-local services and labor. 9. RECORDS The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating tO this Agreement for a period of three (3) years after final payment under the Agreement 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 Agreement and applicable law. 10. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 11. AGREEMENT MADE IN COLORADO The parties agree that this Agreement 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. 12. ATFORNEY'S FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. GOVERNMENTAL IMMUNITY Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 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 these Required Clause or the Agreement 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. 14. 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 Agreement 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 Agreement 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 Agreement 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 Agreement 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 Agreement 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 agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. EXHIBIT A PROPOSAL FORM ANNUAL PLUMBING SERVICES Proposal Time: 9:{)0 a.m., mst Proposal Date: February 27, 21)03 From: ~B.~.lk ~ l~nid R. ,Secierl~e~ ~. ~ 78~ E-mail Address: To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Jodi Smith, County Project Manager 76 Service Center Road Aspen, Colorado 8161.1 For: ANNUAL PLUMBING SERVICES Pursuant to a request by the Pitldn County Commissioners, the undersigned proposer having examined the Contract Documents, including the site of the proposed work and being familiar with conditions surrounding the construction of the proposed Project, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the work for the project identified above and listed below and as detailed in the Contract Documents for the sum of: Description of Project: Service provider will perform experienced Plumbing work to include repair, maintenance, demolition and new installation on commercial buildings and other various County assets. The contractor will occasionally be required to work non-traditional hours, i.e. hours other than 8:00 a.m. to 5:00 p.m., Monday through Friday, and weekends. Pitkin County expects quality work. which may exceed minimum industry standards. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $25,000 will be issued. Pitkin County reserves the right to supply any or all materials. Awarded service provider must enter into the attached service agreement (for your review) and provide the required insurance. This agreement is effective for one year from the date on the service agreement. At the option of the County, the Ag-reement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. P~icing changes shall be negotiated by and agreed upon by both part/es and may not exceed the Counties budget. Written notice of renewal shall be provided to the Service Provider and mail no later than ninety (90) days prior to the contract end. D. SELE'CxxTION COMMITTEE 1. Jodi S~ith, County' Project Manager Scott Beh~,esh. Airport Facilities Manager o. Lyn Byarss, Facitities__ Supe~'isor 4. Temple Gla~er. Assets Deputy Director Nonvoting counsel to~Selection Committee: ,~ ~ Communications be~eeXposer and ~y ' '' :' ~,the',,seteet~on committee during the selection process except whe~nd in the manner author~ed by the Request for Proposals, is prohibited. Violation of this Nstriction is for disqualification from the process. E. CO~CT Upon selection of a to~ otiations will commence immediately for a contract with te~s to be consistent with Request for Proposals and the info~ation included herewith. ~y contract entered into ~e County and the selected Proposer shall include the "Required Clauses," as set a req~ment in the PitMn County Procurement Code. The County rescues the right eot any or a~proposals. ~y proposal that may be dete~ined to not be complet~ be rejected. ~ proposal shM1 be accepted after the date and time specified. ~y proposaff~ 'ed after the do~ng time shall be sent back to proposer unopened. No propos~ ma~ b~ withdrawn wi~in a p~od of sNw (60) calendar days after the date ~d time for opening pr~ms ~ Inte~iews may be co~ucted with responsible propo~rs ~o submit proposals dete~ined to be reasenable and o ffete for pu~ose of clahfication to assu~ll understanding of the proposal. ~ree copies of tl roposal must be placed in ~nvelope seedily sealed therein and labeled: "~nual Plumb: Se~ices", and addressed to: ~ / PitOn County Public Wor~ ~ / C/o Jodi Smith~n~ Project Manager ~ / 76 Se~ice Center Road ~ // Aspen Colorado, 81611 X Hourly rates charged for work ordered under this agreement will be: . /_, Normal Hours (from ~, a.m. to ,.~ p.m.) $ '--'] ~ hr (foreman) $ '-7C,' hr (journeyman) $ & ~ hr (laborer) Overtime Rates: ,~C) '[) ~ PC hr (journeyman) $~ ?'~,~Z- hr (laborer) $ i k Z,'~'-"'hr (f°reman) $ t Materials Costs: The maximum material mark-up the County will pay is: 1) <$500.00 + 10% Bidder's mark-up '~ (--~ % 2) >$500.00 + 8% Bidder's mark-up ~-~ ~"" % Material invoices are to be included with billing statements. A. Statement of ability and qualifications of the Proposer to successfully complete the contract, including prior experience of similar projects and strength of responsiveness to The County needs and efficiency in performing the work. B. Methodology and optimal schedule i.e., response times and work order prioritization, etc.: C. List of all sub-contractors: D. References: (please include contact name phone number) E. Specific past experience with Pitkin County and/or list specific successfully completed work in similar facilities or situations. - ~ ~ - The proposer hereby certifies: A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement of rules of any group, association, or corporation. B. That it has not directly or indirectly induced or solicited any other proposer to put in a false proposal. C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing. The Proposer acknowledges receipt of Addenda's Nos. The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated ti~is,~:day of -~(~ ~3i'-[,(~'-i:'-{ ,2003 (Corporate seal) THE PROPOSER ' ,~ 1, · /Ju~ ::"· ' ~'' · SIGNATURES: If the proposal is being submitted by a Corporation, the proposer should be signed bv an officer, i.e. President or vice-president. The signature of the officer sig-ning shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. (Attac]~ a Separate Sheet for Suggested Cost Savi~gs Alternatives) \,, Date: February 20, 2003 Ret': Dmfiel R Soderberg SS#: 330-52-1748 This letter is in regards to my experience in the plumbing indus~i. I sta~ed out when I was a teenager as an assistant for my lather who owned and operated a union plumbing shop in Cbscago Heights, Chicago. I woi~ld go out on jobs with vm'ious plumbers so~xg fittings, gathering various suppl/es and learning the trade. My mother owned and operated a laundry mat and as I got older [ was responsible for all the maintenance of the store. My knowledge ~m'ew and I some becmne the pl~m~bing supe~xssion ofatl the £~milies rental properties. My grand Father designed golf course irrigation systems and pttanbing systems tbr buildings. Plumbing has been in the fh-nily for many generations and ~ truly enjoy k. hq 1980 I moved out to Colorado and slowly started my plumbing business which now employs twelve people. We have extensive experience in water softeners, hot water heaters and piping in of boilers. Water meters are also a common item we de~ with.