HomeMy WebLinkAboutbocc.con.049.2006
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CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: BGM
Contact Person: Cody Neuhold
Project Name Sierra Steel Service
Phone #: 5763
CONTRACT #: 49-2006
D BOCC AGENDA ITEM
(130('(' signature required)
rgJSTAFF AUTHORIZED SIGNA TURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone rgJInfonnal DFormal DSole Source DEmergency DState Bid D
Check Contract Tvpe:
Dollar Amount: $9327.00
Budget Line Item/Ledger Number 001.34.00928.82000
rgJ Scrvi ces/Mai ntenan cc
DLicense/Use
DLease
DConstruction
DGoods, Equipment, Supplies
DOther
DEmployment (for county employees)
DIntergovernmental Agreement (Requires BOCC Action)
DNon-Proiit
DQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
Contractor/Business (Complete Name): ';" 'r._ SI c, ( C, 'I'"
Contract Execution Date:02/1 0/06 Contract End Date: 02/10/07
Automatic Renewal (yDNrgJ) Term ofContract:lycar(s)
All Contracts should be proofed for the following:
rgJNo Pages Missing
rgJIf a Page is Left Intentionally Blank -Note on Page
rgJPage numbered consecutively
rgJAlI Signatures Affixed
rgJAlI Dates Filled In
rgJAlI Other Blanks Filled In
rgJAII Exhibits Attached
DAlI Legal Descriptions Attached (if appropriate)
DNotice of Award/Proceed Attached (ifappropriale)
CONTRACT#.12!iVfJ tJ6
DSpccial Instructions for Finance Department:
rgJSent to Clerk and Recorder for Scanning/Archiving
rgJAuthorized Staff Person's Name: Cody Neuhold
BY CHECKING ABOVE AND ENTERING NAME, THE 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 retainagc schedule.
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CONTRACT FOR PROVISION OF SERVICES
Contract #
Ledger #
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TI lIS CONTRACT is made and entered by and betwecn the Pitkin County Board of
County Commissioners (""County") and Siena Steel Company (hereinafter "Contractor"').
I. Term. The term of this contract is from Februarv 10.2006 to Februarv 10.2007.
[At the expiration of the initial term. the contract may be ex tend cd for an additional ternl of one
year by the express written consent of both parties.
') Contractor's Obligations. Contractor shall provide Service and Maintenance for the
Pitkin County Jail as outlined in Exhibit "A" attached.
3. Compensation and Expenses. InvoicinQ. Pavment and OtTset. 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 monthly payments for $777.25 will be paid
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
lor 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. In the event the Contractor incurs time and expenses in excess of the total
compensation stated above. no compensation tor said additional time and expenses shall be required
to be paid by the County without written amendment to this contract executed by the County.
4. Countv's Exclusive Ownership of Work Product. Drawings, specitications.
guidelines and other documents prepared by Contractor in connection with this contract shall be
the propcrty of the County. However. Contractor shall have the right to utilize such documents
in the course of its marketing. professional presentations. and lor 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 tor
marketing purposes and prolessional presentations. articles. speeches and other business
purposes.
5. Pitkin Countv's ObliQations. Pitkin County shall administer this contract through
a County Representative. Cody Neuhold will manage the project as the County's Representative.
In the event that Cody Neuhold is not available. Temple Glassier 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.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract. with or without cause. by giving written notice to the Contractor of such
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termination and specifying the effective date thereof'. Such notice shall be given at least ten (10)
days before the effective date or such termination. In such event all linished or unlinished
documents. data. studies and repol1s 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 lor any satislactory work completed pursuant to the terms of this
contract prior to the date of termination. Not withstanding the above, Contractor shall not be
relieved of liability to the County f(w damages sustained by the County by virtue of any breach
of the contract by the Contractor.
7. 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 pertomlance 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.
g AssiQnability. This contract is not assignable by either party, Any use of
subcontractors by the Contractor lor performance of this contract must be accepted in writing by
the County.
9. 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 tinally 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.
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10. Severabilitv. In the event that any provision of this contract shall be held to be
invalid or unenlorceable. the remaining provisions or this contract shall remain valid and binding
upon the parties hereto
II. Integration and Moditieation.
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. Irom 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.
12. Indemnitv.
A. The Contractor (including. by definition here and hereinafter, its ol1icials.
employees. agents and representatives. subcontractors and suppliers). shall and hereby does
release. discharge. indemnify and hold harmless the County of Pitkin and its ol1icials.
employees. agents and representatives tl'om and against liability lor any claim. demand, loss.
damages. penalty. judgment. expenses, costs (including costs of investigation and defense).
lees (including reasonable attorney and expert witness fees) or compensation in any foml or
kind whatsoever lor 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 fex any consequential liability alleged to accrue against the County on
account of the Contractor's acts. errors or omissions; provided, however, that such
indemnity shall not be construed as an indemnity for bodily injury or property damage
arising tl'om the sole negligence of the County or its employees.
B. The Contractor II.n1her shall investigate. process. respond to. adjust. provide
defense for and defend. payor 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. f~llse or traudulent.
13. Insurance.
A. In whole or in part. the Contractor shall secure and maintain ror the term
of its contractual relationship with the County such insurance policies. Irom companies
licensed in the State of Colorado, as will protect itselt: the County and others as specilied.
Irom claims for bodily injuries. death, personal injury or property damage, which may
arise out of or result from the Contraetor's acts, enors or omissions. The lollowing insur-
ance coverage. at or above the limits indicated and including such endorsements as are
indicated by an "X". are required:
I. Statutory Workers' Compensation: Colorado statutory minimums
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2. Commercial General I ,iability - ISO 1998 Fornl or equivalent
(With County named additional insured)
Each Occunenee Limit $1,000.000.00
General Aggregate Limit $2.000.000.00
Products/Completed Operations Aggregate Limit $2.000.000.00
Comprehensive Foml (All risks) to include (plaee X by applicable
provisions J:
X Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
X
X
X
X
X
3, Business Auto Coverage:
Combined Single Limit Liability (each accident) $1.000,000.00
Including all owned, non-owned, and hircd vehicles.
4. Special Coverages (check as appropriate and insert amount):
( I ) Performance Bond
Labor and Material
Payment Bond
(2) Professional Fnors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime. including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage. copies of
Certificates of Insurance in a form acceptable to the County shall be filed
with the County through the representative identilied in Paragraph 5. no
later than ten (] 0) calendar days prior to commencement of operations
atTecting the County. Failure to tile or maintain acceptable Certificates of
Insurance with the COllnty is agreed to be a material breach of any
contract. 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
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certitied mail. return receipt requcsted (effective upon proper mailing), has
been sent to the Procurement Officer. (For purposes of this provision.
"materially altered" shall mean a change affecting the coverage's required
herein. including a change to policy limits as set out in the then-current
policy declarations page).
Simultaneously with the Certilicates of Insurance, the Contractor shall
lile with the Procurement Officer a eertilied statement as to claims pending
against the required coverages. reservcs established on account of such
claims. dctense costs expended and amounts remaining on policy limits.
2. In addition. these Certilicates of Insurance shall contain the
lollowing clauses:
a. The clause "other insurance provisions," in a policy in which
the County of Pitkin holds a Certiticate. shall not apply to the County
of Pitkin.
b. The insurance companies issuing the policy or policies
hereunder shall have no recourse against the County of Pitkin lor
paymcnt of any premiums or for assessments under any fornl of
policy.
c. 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.
d. Location of operations shall be: "all operations and locations
at which work lor the rcterenced Project is being done."'
3. Certilicates of Insurance lor all renewal policies shall be delivered to
the County's Representative at least lifteen (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 lor 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 lor a period
of three (3) years after linal payment under the contract and the County shall havc 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. tor the purpose of deternlining. by
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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. Attornev'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 lees.
18. Governmcntal Immunitv. Contractor agrecs and understands that Pitkin County is
relying on and does not waive. by any provision of this contract. the monetary limitations or
terms (presently $150.000.00 per person and $600,000 per occurrence) or any other rights.
immunities. and protections provided by the Colorado Governmental Immunity Act. 24-10-10 I.
et. Seq,. C.R.S.. as Ii-om 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 constmed or interpreted
to require or providc lor indemnilication of the Contractor by the County lor any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
oCthe County or its agent or employees,
19. CUlTent Year ObliQations. The parties acknowledgc and agree that any payments
provided lor hereunder or requirements for future appropriations shall constitute only cUlTently
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 providc
the services set lorth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing liseal year beyond the then cUlTent liscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating a multiple-tiseal year direct
or indirect debt or other linancial 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 lor 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 moncys. 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. J',iotice. Any written notice required by this contract shall be deemed delivered
through any of the tollowing: (I) hand delivery to the person at the address below: (2) delivery
by facsimile with contirmation of receipt to the fax number below; or (3) within three (3) days of
being sent cel1itied lirst class mail. postage prepaid. return receipt requested addressed as
follows:
A. To Pitkin County
Cody Neuhold
Pitkin County
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530 E. Main Street
Aspen. Colorado 816] 1
with copies to:
Pitkin County Attorney's Office
530 F. Main Street. #302
Aspen. Colorado 816] 1
Fax: (970) 920-5198
B. To Contractor:
Sierra Steel Company
Keith Thoene. Vice President
]5820 W. 6lh Avenue
Golden. CO lI040l
IN WITNESS WHEREOF. the parties have executed this contract as of the date lirst set out
herein above.
CONTRACTOR:
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By:
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Title
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Date
PITKIN COUNTY:
121-(){,
Date
By:
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Exhibit "A"
Sierra Steel Company proposes to provide a comprehensive Service and Maintenance
program for the Pitkin County Jail facility. This proposal includes service and
maintenance of the lollowing.
Detention hardware and controls equipment
Integrated Touch Screen/PLC Control
System Closed Circuit Television
Cameras
Closed Circuit Television I lead End
Equipment Digital Video Recording
Equipment
Jail Intercom System
Jail Paging System
Detention locks, cylinders, internal wiring and components
Detention doors. frames and hinges
Under this agreement. SielTa Steel would perlorm Semi Annual visits to your lacility to
clean. lubricate. adjust and test all elements of the above listed equipment to help ensure
functionality. The semi annual program includes for a maximum of two days for a Sierra
Steel employee to be on site. These two days can be regularly scheduled for the
eonvenience of Pitkin County Jail. Changes in the schedule arc at the lacility's discretion.
One week notice should be given to ensure our availability should changes be necessary.
These two days shall be within the normal workweek (Monday through Friday) and also
during the normal workday (7:00 A.M. through 5:00 P.M.). Any hours before or after
these days or hours shall be billable at our standard overtime rates. as attached. Any
emergency. weekend or Holiday service calls shall also be billable at our applicable
standard overtime and/or Holiday rates plus per diem and mileage expenses.
As a part of this agreement. any compatible upgrades or revisions lor Omron CX
Supervisor IIMI software and Omron CX Programmer PLC software will be installed on
the system at each semi-annual visit.
The Semi Annual agreement also includes, at cost plus 10%. the replacement of parts/ pieces that
have malfunctioned or failed during the course of usage. and have exceeded the manufacturers
warranty period.
Lodging and meals lor normally scheduled visits are included in the base price of the agreement.
A formal "Purchase order". for the amount 01'$9.327,00 is all that is necessary to lormalize this
agreement. Monthly payments of $777.25 will then be billed to Pitkin County beginning on the date
determined by Pitkin County to initiate this agreement.
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Maintenance Contract Customer Field Engineer or Technician Service Rates
Hourlv rate:
One-hour minimum / Billable in IS-minute increments
$85.00 hr
Telcohone Consulting Services:
First 15 minutes no charge after that billable at this rate
One-hour minimum / Billable in IS-minute increments
$60.00 III N/C
$98.00 III N/C
Service calls via Automohile:
Standard rate (8:00 a.m.- 5:00 p.m. Monday thru Friday)
Overtime rate- Jobsite (After 5:00 p.m. and Saturdays)
Overtime rate- Jobsite (Sundays and Holidays)
Travel rate (Portal to Portal)
$85.00 hr
$135.00 hr
$155.00hr
$50.00 hr
Service calls via airoIane: Not AooIicahIc
Rental car lodging and meals: Not AoolicahIe
CONTRAC1UR:
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Title ~ /
Date
PITKIN COUNTY:
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Date
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