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HomeMy WebLinkAboutbocc.con.119.2005 CHECK LIST ~ FOR CONTRACTS SUBMITTED TO CLERK AND ~C(~T #//%~Z SCANNING/ARCHIVING Originating Department/Division: /Of 1/~ Contact Person: ~)tOc ~/1 ~) 0/.~t~J ~' Phone #: Project Name "~1~--'83"Y~ {.._. C~/2~ I~. 5~Tff&q ~ ~lf~vact #: BOCC AGENDA ITEM ,)~ STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: None Informal __Formal ~ Sole Source Emergency State Bid __ Check Contract Type: Dollar Amount: $,~!5~. 00 Budget Line Item Services/Maintenance License/Use Lease Construction __Goods, Equipment, Supplies __Grant Agreements (Requires BOCC Action) __ Change Order/Contract Amendment Other Employment (for county employees) Intergovernmental Agreement (Requires BOCC Action) Non Profit ___Quasi-Public Contractor/Business (Complete Name): /at 'Jr'o 7-- ~/:~-~_., -i~ Contract Execution Date: it]lq/Off Contract End Date: Automatic Renewal (Y/N): ' /~ Term All Contracts should be proofed for the following: · No Pages Missing · · Ifa 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 to Clerk and Recorder for Scanning/Archiving Auth-"orized 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. pcjmjlwwlglscannninglcounty contractslnarrativelchecklistsheet ,tO, ii Date: November 3, 2005 NOTICE OF AWARD TO: A to Z Plumbing and Heating Service 1676 County Rd 100, #L-1 Carbondale, CO 81623 The Owner, having duly considered the Proposal submitted on November 2, 2005 for the work covered by the Contract Document titled Installation of New Gas-fired Radiant Heaters in the AsperffPitkin County Airport Rental Car Service Facility, in the amount of twenty two thousand, three hundred eighty eight dollars and zero cents dollars ($22,388.00), appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement within ten (10) consecutive days from and including the date of this Notice of Award. In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to David R. Ulane, AsperffPitkin County Airport, 0233 E. Airport Rd, Aspen, CO 81611, Fax (970) 920-5378. PITKIN~ By: David R. Ulane, A.A.E. Assistant Aviation Director/Administration ,,,,,,,,,,,,,,4q-ACCEPTANCEOFNOTICE:,,,,,,I~I~III~ Rec~he above Notice of Award is hereby acknowledged B ~x?-2~gr-~----- ~ ~~ this/J day of 2005. 1 DATE: TO: FROM: NOTICE TO PROCEED November 3, 2005 A to Z Plubming and Heating Service, Inc. 1676 County Rd 100, #L-1 Carbondale, CO 81623 David R. Ulane, Assistant Aviation Director/Administration Aspen/Pitkin County Airport 0233 E. Airprot Rd. Aspen CO 81611 You are hereby authorized to proceed on November 15, 2005 with the work covered by the Contract Documents titled Installation of New Gas-fired Radiant Heaters in the AsperffPitkin County Airport Rental Car Service Facility for the sum of twenty two thousand, three hundred eighty eight dollars and zero cents dollars ($22,388.00). All required permitting should be approved and on site prior to commencement of work. By:_ ~ II-l'O~" David R. Ulane, Assistant Aviation Director/Administration Date Contract Pi Rev'd 9/02/05dq ///~-~ ~" Ledger Number ~//~/, ~.~ [7~/]. ~9~ PITKIN COUNTY CONSTRUCTION CONTRACT AGREEMENT Installation of New Gas-Fired Radiant Heaters in the Aspen/Pitkin County Airport Rental Car Service Facility THIS AGREEMENT, made this fourth day of November, 2005, by and between the County of Pitkin, Colorado, a Colorado home-rule county, (hereinafter called the "County") and A to Z Plumbing and Heating Services, Inc.(hereinafter called the "Contractor"). RECITALS A. The County intends to installed new gas-fired radiant heaters in the Aspen/Pitkin County Airport Rental Car Service Facility hereinafter called the "Project", in accordance with the terms and conditions outlined in the Contract Documents and the Contractor's proposal, attached as "Exhibit A". B. Contractor's Proposal was the most responsive Proposal. NOW, THEREFORE, the County and the Contractor, for the considerations hereinafter set forth, agree as follows: 1. The Contractor agrees to furnish all supervisory labor, materials, equipment, tools, and services necessary to complete in a workmanlike manner all tasks required within the scope of work for the completion of the Project, in strict compliance with the contract documents herein mentioned, which are made a part of this Contract. 2. Contract Time and Liquidated Damages. Work under this Agreement shall be commenced by November 15, 2005, and shall be substantially completed by November 20, 2005 and punchlist completed fifteen (15) days thereafter. 3. Subcontractors. The Contractor agrees to bind every subcontractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relationship between the subcontractor and the County. 4. Payment; Offset. The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the total price of twenty two thousand, three hundred eighty eight dollars and zero cents dollars ($22,388.00) in accordance with the Contract Documents, subject to increase or decrease in accordance with the provisions of the Contract Documents; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 5. Payment Procedures: A. Contractor shall submit applications for payment in accordance with the General Conditions. Procurement Officer, as provided in the General Conditions will process applications for payment. B. County shall make progress payments on account of the Contract Price on the basis of Contractor's applications for payment, as recommended by Procurement Officer, within forty- five (45) days of County's approval of Contractor's pay request. All progress payments will be on the basis of the progress of Project measured by the schedule of values provided for in the General Conditions. (1) If Contractor is satisfactorily performing this agreement, progress payments shall be in an amount equal to ninety (90) percent of the calculated value of any work completed, less the aggregate of payments previously made until fifty (50) percent of the work required by this agreement has been performed. Thereafter, unless a different arrangement is provided for in Special Conditions for contracts less than $80,000.00, County shall pay all remaining progress payments without retaining additional funds, if, in the opinion of the Procurement Officer and County, satisfactory progress is being made on the Project. If, in the opinion of the Procurement Officer and County, satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Work or to pay such claims and any Procurement Officer's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of the Contract Documents. Progress payments shall not constitute final acceptance of the Work. (2) Payments will not be made for materials stored off-site (unless otherwise provided by Addendum or Change Order) but will be made for materials stored on-site. Contractor will remain responsible for security of the materials and the replacement at Contractor's sole cost of materials lost, damaged, destroyed or stolen. C. County shall make final payment, including release ofretainage, to Contractor as recommended by Procurement Officer, and in accordance with the Contract Documents and Section 38- 26-107, C.R.S. and Section 24-91-103, C.R.S. 6. Contract Documents. The Contract consists of the documents listed below and references to Contract, Contract Documents, or Agreement includes all such documents. In the event that any provision of one Contract Document conflicts with the provision of another, the provision in the Contract Document listed first below shall govern, except as otherwise specifically stated. B. C. D. E. F. G. H. Pitkin County Construction Contract Agreement; County Required Clauses; Proposal; Notice of Award; Notice to Proceed; Notice of Substantial Completion and Notice of Final Acceptance. Project Specifications; General Conditions; 7. AuthoriW and Responsibility of the Procurement Officer. All work shall be done under the general supervision and direction of the Procurement Officer or his/her designee. The Procurement Officer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, interpretation of the Contract, change orders (within the limits of her authority) and all other questions as to the compliance with the Contract on the part of the Contractor. 4 8. 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 or because of any of the terms or conditions herein contained. 9. Waiver. No waiver by either party of any right, term or condition of the Contract Documents shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of the Contract Documents. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review, or draI2ing of this Agreement. 11. Authorized Representative. The undersigned representative of Contractor, as an inducement to the County to execute this Agreement, represents that he/she is an authorized represen- tative of Contractor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of Contractor. 12. Contractor's Representations. A. In order to induce County to enter into this Agreement, Contractor makes the following representations: (1) Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. (2) Contractor has carefully studied the site and has performed all necessary investigations, tests, subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. (3) Contractor has made or caused to be made exanY~nations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of Project at the Agreement Price, within the Contract time, and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes. (4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. (5) Contractor has given Procurement Officer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by Procurement Officer is acceptable to Contractor. 13. County's Representations. A. County makes the following representations: (1) Authority exists in the law and County has budgeted, appropriated and otherwise made available funds equal to, with a sufficient unencumbered balance thereof remains available, for payment of or in excess of the Agreement Price. (2) County, by issuing any Change Order or other form of order or directive requiring additional compensable work to be performed by Contractor, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement Price, represents to Contractor, that lawful appropriations to cover the costs of the additional work have been made. 14. Miscellaneous. A. Terms used in this Agreement, which are defined in Part I of the General Conditions, shall have the meanings indicated in the General Conditions. B. If any term, section, or other provision of the Contract Documents shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of the Contract Documents, and to this end, each term, section and provision of the Contract Documents shall be severable. C. None of the remedies provided to either party under the Contract Documents shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other remedies provided by law, the Contract Documents shall be specifically enfomeable by either party. D. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, hut all of which shall constitute one and the same document. E. Unless otherwise expressly provided, any reference herein to days shall mean calendar days. All times stated in the Contract Documents are of the essence. 1N WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above, i~' o~~D J ~rector COUNTY OF PITKIN, COLORADO A TO Z PLUMBING and HEATING SERVICE, INC. ~ -~ -~,,,, (Company signature) 1676 County Road 100 #L1 Carbondale, CO 81623 Date David R. Ulane, A.A.E. Date 6 HO~-~-~1105 i5:~ FROH:Iq Ti] ,_= PLUHBIHG A to Z Plumbing and Heating Service, Inc. 1676 County Road I00, #L-1 Carbondale, CO 81623 Invoice I DATE I INVOICE# I I/2/2005 I 6006 BILL TO 0233 E. Airport Rd Aspen, CO 81611 P.O. NO. TERMS PROJECT ITEM DESCRIPTION EstAmt PriorAml: Prior % QTY RATE Curt% Total % AMOUNT ~roposa] to Remove the old heaters and replace with new style heaters in the manual and automatic car wash bays. Selected heaters Labor- .., Labor Demo remove 5 Existing 450.00 0.5 450,00 50,00% 50.00% 225.00 heaters. Disposal is optional , MISC P,,, Corn drill holes for combustion 500.00 0.5 500,00 50.00% 50.00% 250.00T air. MISC P... Electrician 2,500.00 0.5 2,500.00 50,00% 50.00% 1,250,00T Labor-... Installation to includelaborand 18,500.00 0.5 [8,500.00! 50.00% 50,00% 9,250,00 material TERMS 50% Deposit to order material and begin. Remainder due upon completion. OPTION An outdoor temperstum can be installed to )revent the heaters from operating on warm days. the cost for installing these controls is $ 1000,00 tbr thc five heaters. five heaters. let me know if'you would like to do this upon acceptance of the bid, Thank you If accepted please sign and date and return by fax or mail I thank you, Fax # 970-704-1564 Total Page 1 A to Z Plumbing and Heating Service, Inc. 1676 Cotllt~ Road 100, #L-I Carbondale, CO 81623 Invoice I DATE I INVOICE # 1/2/2005 ] 6006 BILL TO Aspen Pitkin County Airport 0233 E. Airport Rd Aspen, CO 8~611 P.O. NO. TERMS PROJECT ITEM DESCRIPTION ESt Amt PdorAmt Prior % QTY RATE Curt % Total % AMOUNT Deposit Io order material and begin When after new door are installed. Sales Tax 138.00 4.60% 50.00% 50.00% 69.00 If accepted please sign and date and return by fax or mail I thank you. Fax # 970-704-1564 Total ~, ,,o~.oo Page 2 A to Z Plumbing and Heating Service, Inc. 1676 County Road JO0, #L-1 Carbondale, CO 81623 (970) 704-0692-phone (970) 704-1564-fax BILL TO Aspen Pitkin County Airpo~ 0233 E. Airport Kd Aspen, CO81611 Invoice DATE iNVOICE 11/2/2005 6007 P.O. NO./SERVICE FOR TERMS DUE DATE Car wash 11/2/2005 QTY DESCRIPTION RATE AMOUNT Estimated shipping cost 1 Shipping/Freight 300.00 300.00 Dave This is an estimate for the shipping on the heaters. I will adjust it when I get the final cost. Call if you need to or have any questions. Thanks Fran Sales Tax 4.60% 0,00 Total $3oo.oo FINANCE CHARGE: Past due invoices are subject to Interest at the rate qf I 1/2%per month (18% annually), collections and attorney fees. Due to circumstances beyond our control faucet and toilet repairs' are only guaranteed for thirty (30) days.from date of service.