HomeMy WebLinkAboutbocc.con.086.2008
CLERK'S CHECK LIST
FOR CONTRACTS SUBMTTTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 086-2008
ORIGINATING DEPARTMENT/DIVISION: Facilities // Public Works
CONTACT PERSON: Jodi Smith
PROJECT NAME:
PHONE #: x5396
^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
^ Over $50,000 (Requires County Manager's Signature)
/ CHECK PROCUREMENT TYPE:
^None ^Informal ^Formal ®Sole Source ^Emergency ^State Bid ^
^Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, e
DOLLAR AMOUNT: 57,800 BUDGET LINE ITEM/I,EDGER NUMBER: 001.88.92888.86268
/ CHECK CONTRACT TYPE:
(for county employees)
ental Agreement (Requires BOCC Action)
,, Equipment, Supplies ^Grant Agreements (Requires BOCC Action)
(e.g. revenue) ^Change Order/Contract Amendment
CONTRACTOR: Commercial Specialists, inc COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor) same
Contract Execution Date: Agust 1, 2008 Contract End Date: Nov 1, 2008
Automatic Renewal: ^Yes ®No Term of Contract: 30 days
°J.'1'S!l All 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
HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
/ ^ All Legal Descriptions Attached (if applicable)
/ ^ Notice of Award/Notice to Proceed Attached (if applicable)
/ ^ Wan•anty (if applicable)
/ ^ Special Instructions for Finance Department:
/ ® Sentto Clerk and Recorder for Scanning/Archiving
/ ®Authorized Staff Person's Name: jodi smith
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
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I~ITKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE - PROJECT x o86 -2008
Ledger # 001.88.92888:86268
w[ r •
Rev 03/OS/08js
THIS CONTRACT, made this 24th day of Julv 2008, by and between the
Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the
"County") and Commercial Specialists Inc 685 W Gunnison Ave #111 Grand Junction
CO 81501 (9701241-0268 (hereinafter called the "Contractor") to perform the
following work: Health & Human Services Fire Svstem Up rg ade ("Project").
I. Term of Contract. The term of this contract is from Au 1 2008 to Nov 1 2008.
II. Scone of Work and Work Schedule
A. Upgrade the existing fire alarm system at the Pitkin County Health &
Human Services Building. Work to include all equipment, devices, labor,
and materials to complete the work as shown on Exhibit A. Including but
not limited to all permitting, bonding, inspections, electrical, drawings,
training and warrantee.
B. All work performed under this Contract shall be done according to the
following work schedule:
Work shall be done within 30 days from Notice to Proceed issue date.
III. Pavment. The County agrees to pay, and the Contractor agrees to accept, in full
payment for the performance of this Contract, the total price of Fifty Seven Thousand.
Eieht Hundred Dollars and Zero Cents ($57 8. 00.00) in accordance with this Contract,
subject to increase or decrease in accordance with the provisions of this Contract; but any
payment by the County may be offset by any amount the Contractor owes the County for
any reason.
A. Payment Procedures.
Contractor shall submit applications for payment every 30 for
work done to date.
2. Progress payments.
a. County shall make progress payments, within thirty (30)
days of County's approval of Contractor's pay request.
Pitkin County Facilities Management, 48g Rio Grande Place, Unit IoI, Aspen, CO 8i6n
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PITHIN COUNTY CONSTRUCTION CONTRACT
PTTKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE - PROJECT a o86 -zoo8
Ledger # 001.88.92888.86268
Rev 03/OS/08js
b. If Contractor is satisfactorily performing this Contract,
progress payments shall be in an amount equal to ninety percent (90%) of
the calculated value of any Project work completed, less the aggregate of
payments previously made until fifty percent (50%) of the Project work
required by this Contract has been performed. Thereafter, County shall
pay all remaining progress payments and maintain only existing retainage
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 aze 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 Project 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 this Contract. Progress
payments shall not constitute final acceptance of the Project.
B. County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section 38-26-107, C.R.S. and Section
24-91-103, C.R.S., as amended.
IV. Contractor's Obli¢ations.
A. Supervision and Superintendence.
1. The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction. The Contractor shall be
responsible to see that the finished Project complies accurately with this Contract.
2. The Contractor shall appoint and identify to the County and
Procurement Officer, a competent on-site superintendent to be kept on the Project
at all times during its progress and who shall not be replaced without written
notice to the County and the Procurement Officer except under extraordinazy
circumstances. The superintendent will be the Contractor's representative at the
site and shall have authority to act on behalf of the Contractor. All
communications given to the superintendent shall be as binding as if given to the
Contractor.
B. Subcontractors, Suppliers and Others.
Pitkin County FacIlities Management, 485 Rio Grande Place, Unit ior, Aspen, CO 8r6n
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE - PROJECT' p o86 -zoo8
Ledger # 001.88.92888.86268 Rev 03/OS/08js
1. The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and the
Procurement Officer, whether initially or as a substitute) against whom the
County or the Procurement Officer may have reasonable objection.
2. The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of materials
and equipment must be submitted to the County in advance of any work
performed or materials supplied under this Contract for acceptance by the County
and the Procurement Officer. No acceptance by the County or the Procurement
Officer of any such subcontractor, supplier or other person or organization shall
constitute a waiver of any right of the County or the Procurement Officer to reject
defective Project work.
3. The Contractor shall be fully responsible to the County and the
Procurement Officer for all acts and omissions of the subcontractors, suppliers
and other persons and organizations perfornung or furnishing any of the Project
work under a direct or indirect Contract with Contractor just as Contractor is
responsible for Contractor's own acts and omissions. Nothing in this Contract
shall create any Contractual relationship between the County or the Procurement
Officer and any such subcontractor, supplier or other person or organization, nor
shall it create any obligation on the part of the County or the Procurement Officer
to pay or to see to the payment of any moneys due any such subcontractor,
supplier or other person or organization except as may otherwise be required by
laws and regulations.
4. ,All Project work performed for Contractor by a subcontractor will
be pursuant to an appropriate Contract between the Contractor and the
subcontractor which specifically binds the subcontractor to the applicable terms
and conditions of this Contract for the benefit of the County and the Procurement
Officer.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and
royalties and assume all costs incident to their use in the performance of the Project or the
incorporation in the Project of any invention, design, process, product or device which is
the subject of patent rights or copyrights held by others. Contractor shall indemnify and
hold harmless the County and the Procurement Officer and anyone directly or indirectly
employed by either of them from and against all claims, damages, losses and expenses
(including attorney's fees and court costs) arising out of any infringement of patent rights
or copyrights incidental to the use in the performance of the Project or resulting from the
product or device not specified in this Contract, and shall defend all such claims in
connection with any alleged infringement of such rights.
D. Permits. Unless otherwise provided in this Contract, the Contractor shall
obtain and pay for all construction permits and licenses. The County shall assist the
Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall
Pitkin County Facilities Management, 485 Rio Grande Place, Unit IoI, Aspen, CO 81611
970-920-5396> 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT' # 086 -2008
Ledger # 001.88.92888.86268 Rev 03/OS/08js
pay all governmental chazges and inspection fees necessary for the prosecution of the
Project. The Contractor shall pay all chazges of utilities for connections to the Project,
and the County shall pay all chazges of such utility owners for capital costs related
thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall
comply with all federal, state, and local laws, ordinances, rules, and regulations
applicable to furnishing and performance of the Project including rules, regulations, and
ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations, neither the County nor the Procurement
Officer shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal,
state and local sales, consumer, use and other similar taxes whether direct or indirect.
Federal excise tax may not apply to materials purchased by the County. The Contract
price shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in this
Contract). The Contractor shall not be reimbursed sepazately for any taxes, which may
apply except as provided in this Contract, and the Contractor shall be responsible for all
taxes, which may apply. The County is tax exempt from Federal Excise Tax and
Colorado State or local sales or use taxes. The Contractor and its subcontractors shall
apply to the Colorado Department of Revenue for a Certificate of Exemption indicating
that the Contractor or subcontractor's purchase of construction material or building
materials is for use in a building, structure, or other public work owned and used by the
County.
G. Use of Premises.
1. The Contractor shall confine construction equipment, the storage
of materials and equipment and the operations of workers to the Project site and
land and azeas permitted by this Contract, law, ordinances, and permits. The
Contractor shall assume full responsibility for any damage to any such land or
azea, or to the County or occupant thereof or of any land or azeas contiguous
thereto, resulting from the performance of the Project. Should any claim be made
against the County or the Procurement Officer by any such owner or occupant
because of the performance of the Project, Contractor shall promptly settle with
such other party. The Contractor shall, to the fullest extent permitted by Laws
and Regulations, indemnify and hold the County harmless from and against all
claims, damages, losses and expenses (including, but not limited to, fees of
engineers, architects, attorneys and other professionals and court costs) arising
directly, indirectly or consequentially out of any action, legal or equitable,
brought by any such other party against the County or the Procurement Officer to
the extent based on a claim arising out of the Contractor's performance of the
Project.
Pitkin County Facflities Management, 485 Rio Grande Place, Unit ioT, Aspen, CO 8r6u
970-920-5396> 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PTTKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT # 086 -2008
Ledger # 001.88.92888.86268 Rev 03/OS/08js
2. During the progress of the Project, the Contractor shall keep the
premises free from accumulations of waste materials, rubbish and other debris
resulting from the Project. At the completion of the Project, the Contractor shall
remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery, temporary
structures, stumps or portions of trees, and surplus materials, and shall leave the
site clean and ready for occupancy by the County. The Contractor shall restore to
original condition all property not designated for alteration by this Contract.
3. The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the Contractor
subject any part of the Project or adjacent property to stresses or pressures that
will endanger it.
H. Safety and Protection.
1. The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in connection
with the Project. The Contractor shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who maybe affected thereby;
b. All the Project materials and equipment to be incorporated
therein, whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and
underground facilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall be required to assume sole and complete
responsibility for job site conditions during the course of construction of the
Project, including the safety of all persons who may enter on the job site for any
reason and the security of all property located on the job site. This requirement
shall apply at all times during the courses of the Contract and not only to normal
Project work hours.
2. The Contractor shall at all times conduct the Project in such
manner as will incur the least practicable interference with traffic and existing
utility systems. No section of any road shall be closed to the public, nor any
utility system put out of service except after permission has been granted by the
Procurement Officer. Each item of the Project shall be prosecuted to completion
without delay and in no instance will the Contractor be permitted to transfer its
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 816u
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PTTKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT # 086 -2008
Ledger # 001.88.92888.86268 Rev 03/OS/08js
forces from an uncompleted Project to a new Project without prior written
notification of the Contractor to the Procurement Officer.
Unless this Contract specifically provides for the closing to traffic of any
local road or highway while construction is in progress, such road or highway
shall be kept open to all traffic by the Contractor. The Contractor shall also
provide and maintain in a safe condition temporary approaches, crossings, or
intersections with roads and highways. The Contractor shall beaz all expense of
maintaining traffic over the section of road affected by the Project to be done
under this Contract, and of constructing and maintaining such approaches,
crossing, intersections and any necessary features without direct compensation,
except as otherwise provided.
The Contractor shall provide, erect and maintain all necessary barricades,
signs, danger signals and lights to protect the Project and the safety of the public.
The Contractor's responsibility for necessary barricades, signs, and lights shall
not cease until the Project has been accepted.
I. Shop Drawings and Samples.
1. Afrer checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the Contractor
shall submit to the Procurement Officer for review and approval in accordance
with the approved schedule of shop drawing submissions, three (3) copies (unless
otherwise specified) of all shop drawings, which will beaz a stamp or specific
written indication that the Contractor has satisfied the Contractor's responsibilities
under this Contract with respect to the review of the submission. All submissions
will be identified as the Procurement Officer may require. The data shown on the
shop drawings will be complete with respect to quantities, dimensions, specified
performance and design criteria, materials and similar data to enable the
Procurement Officer to review the information as required.
2. The Contractor shall also submit to the Procurement Officer for
review and approval with such promptness as to cause no delay in Project, all
samples required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review of the
submission and will be identified cleazly as to material, supplier, pertinent data
such as catalog numbers and the use for which intended.
3. Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers and
similar data with respect thereto; and reviewed or coordinated each shop drawing
or sample with other shop drawings and samples and with the requirements of the
Project and this Contract.
Pitkin County Facilities Management, 485 Rio Grande Place, Unit IoI, Aspen, CO 816u
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PI'rKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT # 086 -2008
Ledger # 001.88.92888.86268 Rev 03/OS/08js
4. At the time of each submission, the Contractor shall give the
Procurement Officer specific written notice of each variation that the shop
drawings or samples may have from the requirements of this Contract, and, in
addition, shall cause a specific notation to be made on each shop drawing
submitted to the Procurement Officer for review and approval of each such
variation.
5. Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Procurement Officer's
review and approval of the shop drawing or samples.
6. The cost of furnishing all shop drawings and samples shall be
borne by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of
one half of the total Contract value for all Contracts over $50,000, as required by C.R.S.
§ 38-26-101, et seq. All Bonds shall be in the form acceptable to the County. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declazed bankrupt or
becomes insolvent or its right to do business is terrrtinated in any state or it ceases to meet
the requirements of pazagraph A of this Section, Contractor shall within five (5) days
thereafter substitute another Bond and Surety, both of which must be acceptable to the
County.
VI. Indemni The Contractor (including, by definition here and hereinafter, its
officials, employees, agents and representatives, subcontractors and suppliers), shall and
hereby does release, dischazge, 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, judgment, 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 omissions; 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.
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.
Pitkin County Facilities Management, 48g Rio Grande Place, Unit roi, Aspen, CO 8161a
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PTTHIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT # 086 -zoo8
Ledger # 001.88.92888.86268 Rev 03/OS/08js
VII. Insurance. The Contractor agrees to procure and maintain, at its own expense, a
policy or policies of insurance as specified in this section. The Contractor shall cause any
subcontractor of the Contractor to procure and maintain, the minimum insurance coverages
as specified in this section.
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
Aspen Fire Department, 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
otnissions. The following insurance coverage, at or above the limits indicated and
including such endorsements as are indicated by an "X", aze required:
Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability -ISO 1998 Form or equivalent
(With 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
provisions):
X
X
X
X
X
X
?onn (All risks) to include (place X by applicable
Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000.000.00
4. Special Coverages
X (1) Performance Bond 50%
Labor and Material 50%
Payment Bond
(2) Professional Errors 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
Pitkin County Facilities Management, 485 Rio Grande Place, Unit tol, Aspen, CO 816u
970-920-5396 970-920-5285 Fax or email: jodis@co.pitltin.co.us
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PI1'KIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT # 086 -2008
Ledger # 001.88.92888.86268 Rev 03/OS/08js
(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 Procurement Officer, 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. 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 coverage's
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, through the Procurement Officer (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.
2. In addition, these Certificates of Insurance shall contain the
following clauses:
a. 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.
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 in the above-described insurance
policies shall be assumed by and be for the amount of, and at the sole
expense ofthe 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 there-
after.
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.
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6u
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PTTKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE -PROJECT' # 086 -zoos
Ledger # 001.88.92888.86268
VIII. Exemptions and Preferences.
Rev 03/05/08js
A. All purchases of construction or building or any other materials for any
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-SK.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor
shall be employed to perform the Project 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
Project is performed.
IX. Protection and Restoration of Pronerty and Landscane• Hazazdous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all
public and private property and shall cazefully protect from disturbance or
damage all land and property, as well as any monuments and property marks until
the Procurement Officer has witnessed or otherwise referenced their location and
shall not remove them until directed.
2. The Contractor shall be responsible for all damage or injury to
property of any character, during the prosecution of the Project, resulting from
any act, omission, neglect, or misconduct in its manner or method of executing
the Project, or at any time due to defective Project work or materials, and said
responsibility shall not be released until the project shall have been completed and
accepted.
3. When or where any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission, neglect, or
misconduct by the Contractor in the execution of the Project, or in consequence of
the non-execution thereof by the Contractor, it shall restore, at its own expense,
such property to a condition similaz or equal to that existing before such damage
or injury was done, by repairing, rebuilding, or otherwise restoring as may be
directed, or it shall make good such damage or injury in an acceptable manner.
4. Materials storage, equipment pazking, vehicle parking and stockpiling
excavated materials shall be allowed only in those azeas designated by the
Procurement Officer.
5. If the Contractor disturbs any of the landscape not called for
removal, it shall restore those azeas as directed by the Procurement Officer at the
Contractor's expense.
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ior, Aspen, CO 8T6u
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE - PROJECT a oS6 -zoo8
Ledger # 001.88.92888.86268 Rev 03/OS/08js
B. Hazazdous Materials
1. The County shall not be responsible for the cost of and the removal
or clean up of Hazazdous Materials found in any materials brought to the Project
site, after the Project site is turned over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a
written certification each time materials or equipment is brought onto the Project
site that such materials or equipment do not contain Hazardous Materials.
X. CountdWork at the Proiect Site.
A. The County may perform other work related to the Project at the site by
the County's own forces, have other work performed by utility owners or let other direct
contracts therefor which shall contain terms similaz to these. The Contractor shall
perform and coordinate its activities with other contractors to avoid conflict and minimize
disruptions.
B The Contractor shall afford each utility owner and other contractor who is
a party to such a direct contract (or the County if the County is performing the additional
work with the County's employees) proper and safe access to the site and a reasonable
opportunity for the introduction and storage of materials and equipment and the execution
of such work, and shall properly connect and coordinate the work with theirs. The
Contractor shall do all cutting, fitting and patching of the Project that may be required to
make its several parts come together properly and integrate with such other work. The
Contractor shall not endanger any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work with the written consent of
Procurement Officer and the others whose work will be affected. The duties and
responsibilities of Contractor under this paragraph aze for the benefit of such utility
owners and other contractors to the extent that there aze comparable provisions for the
benefit of the Contractor in said direct contracts between the County and such utility
owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or
results upon the work of any such other contractor or utility owner (or the County), the
Contractor shall inspect and promptly report to the Procurement Officer in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable for
such proper execution and results. The Contractor's failure to report such conditions will
constitute an acceptance of the other work as fit and proper for integration with the
Contractor's Project except for latent or non-appazent defects and deficiencies in the other
work.
XI. Chan es in the Project and Use of Chan a Orders.
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A. The County may, from time to time, request changes in the scope of
services of the Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the
Contractor of a planned change in the Project and requesting the Contractor's
detailed price proposal and adjusted schedule of work. The Contractor shall
submit a priced proposal for performing the proposed change in the Project within
five (5) days of notice or such other time acceptable to both parties. When the
Contractor and the County reach agreement on the adjustments to the Contract
price and/or Contract time, and changes in the Project, such adjustments shall be
promptly recorded in an executed Change Order. .
B. All Contractor initiated change requests shall be submitted to the County
and the Procurement Officer in a letter or written notice with the reference notation
"Contractor Change Request". If the Contractor: (i) receives any oral or written
instructions, directives or interpretations of Contract Documents, or determinations from
the Procurement Officer or, (ii) identifies what it believes aze design errors or omissions
in the Contract Drawings or Specifications, or (iii) encounters a differing site condition;
or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of any other
matter or circumstance which it believes would require a change in the Contract Price or
Contract Time, the Contractor shall give the Procurement Officer prompt written notice
of such matters.
1. All Contractor change requests shall be dated, numbered
sequentially, and shall describe the action or event which the Contractor believes
may require an extension in time, price or other modification. The Contractor
shall also provide descriptions of possible Contractor actions or solutions to
minimize the cost of the Contractor change request and, provide an estimate of the
adjustment in the Contract price and/or Contract time, which it believes is
appropriate.
2. Contractor Time Requirements.
a. With respect to orders, instructions, directives,
interpretations, determinations, or the discovery of any errors or omissions
in this Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10) consecutive
calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor
change request shall be submitted before the conditions are disturbed, but
in no event more than ten (10) consecutive calendar days after the
conditions aze first discovered.
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c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, but in no
event more than ten (10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the
Contractor believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than ten
(10) consecutive calendar_days after the Contractor becomes aware of such
circumstance or matter.
3. Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change
request within the time required above, any action by the Contractor
related to such order, direction, instruction, interpretation, determination,
design error or omission, or other matter, including delays or differing site
conditions, will not be considered by the County as a change to the Project
and the Contractor waives any claim for an adjustment on the Contract
price or the Contract time.
b. The Contractor shall, at the time a Contractor change
request is submitted provide the Procurement Officer with a complete and
itemized proposal of Contract price and time adjustments. The proposal
shall also contain a detailed explanation, citing all applicable provisions in
this Contract, which supports the Contractor change request. If the
Contractor does not submit its itemized proposal within the time described
above or within such extension, which the Procurement Officer, in his/her
discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or
event described in the Contract change request.
c. If a Contractor change request is denied by the
Procurement Officer, in whole or in part, any claim for an increase in the
Contract price or Contract time arising out of the act or event described in
the Contractor change request is waived unless the Contractor timely
complied with the provisions of paragraphs 2(a-d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction. Removal or Acceptance
of Defective Project Work.
A. Warranty.
1. The Contractor warrants and guarantees to the County that all Project
work, whether supplied, furnished, installed, provided, or performed by Contractor,
a subcontractor, or supplier, will be in accordance with this Contract and will not be
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defective and that all Project work shall be performed in a skillful and workmanlike
manner. Additionally, the Contractor shall warrant that all equipment which is
incorporated into the Project or any subsystem shall be new, free from liens and
defects in design, have cleaz title, be free from faulty materials and workmanship,
and shall conform in all aspects to the terms of this Contract, to the drawings issued
for manufacture by the Contractor, and shall be in conformance with the those
technical specifications provided in Section II (Scope of Work) of this Contract and
Contractor's Proposal. Except where longer periods of warranty aze indicated for
certain items, Contractor warrants Project work, whether furnished, installed,
provided, performed or supplied by Contractor, a subcontractor or supplier, to be
free from faulty materials and workmanship and that each piece of equipment or any
part thereof incorporated into the Project or any subsystem shall conform to the
aforementioned warranty and guazantee provisions and be free from failure for a
period of not less than 1 yeaz from date of Final Payment. Landscaping replacement
shall be warranted for two (2) growing seasons.
2. With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for Project work performed and
materials furnished under the Contract, the Contractor shall:
a. Obtain all warranties that would be given in normal
commercial practice. To the extent that the subcontractor's, manufacturer's,
or supplier's, standazd warranty exceeds the minimum County requirements
as set forth in this Section or elsewhere in this Contract, the subcontractor's,
manufacturer's, or supplier's standazd warranty shall apply.
b. Require all warranties to be executed, in writing, for the
benefit of the County, if directed by the Procurement Officer; or
c. Enforce all warranties for the benefit of the County, if directed by
the Procurement Officer.
d. Assign all warranties and guarantees in writing to the County
upon the request of the County.
B. Access to Project. The Procurement Officer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and governmental
agencies with jurisdictional interests shall have access to the Project, at any time for their
observation, inspecting and testing. Contractor shall provide proper and safe conditions for
such access.
C. Tests and Inspections.
L The Contractor shall cooperate with material testing persons and
firms, and for required inspections, and compliance and approval tests for the work
performed by the Contractor or its subcontractor.
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2. If any laws, ordinances, rules, regulations, code or order of any
public body having jurisdiction requires any Project work (or part thereof) to
specifically be inspected, tested or approved, the Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish the
Procurement Officer the required certificates of inspection, testing or approval. The
Contractor shall also be responsible for and shall pay all costs in connection with
any inspection or re-testing required in connection with the County's or the
Procurement Officer's acceptance of a supplier of materials or equipment proposed
to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the Project.
The cost of all inspections, testing, re-testing and approvals in addition to the above
which aze required by this Contract shall be paid by the Contractor (unless otherwise
specified). The County will conduct and pay for the conformance tests on materials
installed in-place, and the Contractor shall pay for re-testing of all failing and non-
conforming materials thereafter.
3. All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having jurisdiction
shall be performed by organizations acceptable to the Procurement Officer.
4. If any Project work (including the work of others) that is to be
inspected, tested or approved is covered without written concurrence of the
Procurement Officer, it must be uncovered for observation. Such uncovering and
testing when required by the Procurement Officer shall be at the Contractor's
expense.
5. Neither observations by the Procurement Officer nor inspections,
tests or approvals by others shall relieve the Contractor from the Contractor's
obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Procurement
Officer or the County, the Contractor shall promptly, as directed, either correct all defective
Project work, whether or not fabricated, installed or completed, or, if the Project work has
been rejected by the Procurement Officer or the County, remove it from the site and replace
it with non-defective Project work. The Contractor shall beaz all direct, indirect and
consequential costs of such connction or removal (including but not limited to fees and
chazges of engineers, azchitects, attorneys and other professionals) made necessary thereby.
E. Correction Period. If within two (2) yeazs after the date of Final Payment
or such longer period of time as may be prescribed by laws or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of the
Contract Documents, any Project work is found to be defective, the Contractor shall
promptly without cost to County and in accordance with County's written instructions, either
correct such defective Project work, or, if it has been rejected by County, remove it from the
site and replace it with non-defective Project work. If the Contractor does not promptly
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(within seven (7) days from receipt) comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, the County may have
the defective Project work corrected or the rejected Project work removed and replaced, and
all direct, induect and consequential costs of such removal and replacement (including but
not limited to fees and charges of engineers, azchitects, attomeys and other professionals)
will be paid by the Contractor. Contractor shall also pay for any damage to other Project
work, other property, or person, which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten
(10) consecutive calendaz days after written notice of the Procurement Officer or the County
to proceed to correct and to correct defective Project work or to remove and replace rejected
Project work as required by the Procurement Officer or the County in accordance with
pazagraph D of this Section, or if the Contractor fails to perform the Project work in
accordance with the Contract Documents, or if the Contractor fails to comply with any other
provision of the Contract Documents, the County may, after seven (7) days' written notice to
the Contractor, correct and remedy any such deficiency. In exercising the rights and
remedies under this paragraph the County shall proceed expeditiously to the extent
necessary to complete corrective and remedial action. The County may exclude the
Contractor from all or part of the site, take possession of all or part of the Project, and
suspend the Contractor's services related thereto, take possession of the Contractor's tools,
appliances, construction equipment and machinery at the site and incorporate in the Project
all materials and equipment stored at the site or for which the County has paid the
Contractor but which aze stored elsewhere. The Contractor shall allow the County, the
County's representatives, agents and employees such access to the site as may be necessary
to enable the County to exercise the rights and remedies under this paragraph. All direct,
indirect and consequential costs of the County in exercising such rights and remedies will be
charged against the Contractor, and a Change Order will be issued by the County
incorporating the necessary revisions in the Contract price. Such direct, indirect and
consequential costs will include but not be limited to fees and chazges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or replacement
of the Contractor's defective Project work. The Contractor shall not be allowed an extension
of the Contract time because of any delay in performance of the Project work attributable to
the exercise by the County of the County's rights and remedies hereunder.
XIII. Liquidated Damages. It is the County's intent to complete this project no later
than November 1, 2008. Liquidated damages of $100.00 per calendaz day shall be paid if
project is not completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and
between the Contractor and the County, that the date of beginning Project work and the time
of completion as specified herein aze essential conditions of the Contract. The Contractor
agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress
as will ensure completion within the time(s) specified. It is expressly understood and agreed,
by and between the Contractor and the County, that the time(s) for completion of the Project
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described herein aze reasonable time(s) for the completion of the Project, taking into
consideration the average climatic conditions prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates set forth
therein and where in this Contract, an additional time is allowed for the wmpletion of the
Project, the new time limit fixed by such extension shall be of the essence of the Contract.
C. Liquidated Damages. Completion of the Project is of pazamount
importance to the County. If any portion of the Project is not completed in accordance with
any time extensions granted by the County, the County will suffer damage, the extent of
which will be impractical and extremely difficult to estimate accurately. Therefore, as part
of the consideration for executing the Contract, it is hereby agreed that the Contractor shall
pay to the County the liquidated damage amounts specified in the Contract. This particulaz
provision shall not be construed as a penalty upon said Contractor for failing fully to
complete said Project as agreed in the Proposal and this Contract nor is it intended, but as
Liquidated Damages to compensate the County for all costs incurred as a result of such
breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly
agrees to pay the County as a reasonable estimate of just compensation for damages
contemplated with the clause, the amount set forth as liquidated damages for each
consecutive calendaz day that completion is delayed in the construction of the Project.
E. Excusable Delays -Force Majeure. If, by reason of Force Majeure, any
party hereto shall be rendered unable wholly or in part to carry out its obligations under this
Contract then such party shall give notice and full particulars of such Force Majeure in
writing to the other party within a reasonable time after occurrence of the event or cause
relied upon, and the obligation of the party giving such notice, so faz as it is affected by such
Force Majeure, shall be suspended during the continuance of the liability then claimed, but
for no longer period, and any such party shall remove or overcome such inability with all
reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God,
strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of
the Government of the United States or the State of Colorado or any political subdivision,
except the County, or any civil or military authority, insurrection, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraint of government and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines, or canals, or other causes not reasonably within the
control of the party claiming such inability. It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of the party having the difficulty,
and that the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the demands
of the opposing party or parties when such settlement is unfavorable to it in the judgment of
the party having the difficulty.
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F. Cumulative Remedy. The liquidated damages referred to herein aze intended
to be and are cumulative and shall be in addition to every other remedy now or hereafter
enforceable at law, in equity, by statute, or under Contract.
XIV. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or
more of the following events:
1. If the Contractor commences a voluntary case under any chapter of
the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or
if Contractor takes any equivalent or similar action by filing a petition or otherwise
under any other federal or state law in effect at such time relating to the bankruptcy
or insolvency;
2. If a petition is filed against Contractor under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similaz relief against Contractor under any other
federal or state law in effect at the time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of
creditors;
4. If a trustee, receiver, custodian or agent of Contractor is appointed
under applicable law or under Contract, whose appointment or authority to take
chazge of property of Contractor is for the purpose of enforcing a Lien against such
property or for the purpose of general administration of such property for the benefit
of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in
accordance with this Contract including but not limited to, failure to supply
sufficient skilled workers or suitable materials or equipment or failure to adhere to
the work schedule established in this Contract;
6. If the Contractor disregazds laws, ordinances, rules, regulations, or
orders of any public body having jurisdiction;
B. Termination Prior to Expiration of Contract Term. The County has the
right to terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In such
event all finished or unfinished documents, data, studies and reports prepazed by the
Contractor pursuant to this Contract shall become the County's property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory Project 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
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liability to the County for damages sustained by the County by virtue of any breach of the
Contract by the Contractor.
XV. 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 aze 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 caze, skill and diligence in the performance of Contractor's
obligations under this contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of
any Pitkin County employee, servant or agent in the course of completing work under
this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through
Pitkin County and is responsible for payment of any federal, state, FICA and other
income taxes.
F. The Contractor shall be required to complete and submit to the County, a
Form W-9 Taxpayer Identification Number Request.
XVL Comnutation of Time.
A. When any period of time is referred to in this Contract by days, it will be
computed to exclude the first and include the last day of such period. If the last day of any
such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted
from the computation.
B. All times stated in this Contract aze of the essence.
XVII. Records and Cost Pricine Data.
A. The Contractor shall maintain in a safe place at the site one record copy of
all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project
Directive Changes, Field Orders and written interpretations and clarifications in good
order and annotated and updated weekly to show all changes made during construction.
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These record documents together with all approved samples will be available to the
Procurement Officer for reference. Upon completion of the Project, these record
documents and samples will be delivered to the Procurement Officer for the County.
B. The Contractor shall maintain all data and records pertinent to the Project
performed under this Contract, in accordance with generally accepted accounting principles,
and shall preserve and make available all data and records until the expiration of three (3)
yeazs from the date of final payment under this Contract, or for such longer period, if any, as
is required by applicable statute or by other articles of this Contract. The County shall have
access to all such data and records for such time period to inspect, audit and make copies
thereof during normal business hours. The Contractor covenants and agrees that it shall
require that any subcontractor utilized in the performance of this Contract to permit the
authorized representatives of the County, to similazly inspect and audit all data and records
of said subcontractors relating to the performance of said subcontractors under this Contract
for the same time period.
C. If this Contract is completely or partially terminated, the records relating to
the Project termnated shall be made available for three (3) years after any resulting fmal
termination payment.
D. Records pertaining to appeals or to litigation or the settlement of claims
arising under or relating to the performance of this Contract shall be made available until
disposition of such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be
subject to binding azbitration. The pazties agree that any disputes concerning the terms
and conditions of this Contract shall be submitted and finally settled by arbitration.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association and shall be presided over by the Pitkin County Heazing Officer appointed to
azbitrate Pitkin County Contract disputes. Costs of the azbitration shall be awarded to the
substantially prevailing patty.
C. Severability. If any term, section, or other provision of this Contract 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 this Contract, and to this end, each term, section and provision of this Contract shall be
severable.
D. Integration and Modification. This Contract represents the entire and
integrated Contract between the County and the Contractor and supersedes all prior
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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.
E. 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.
F. Attorney's Fees. In the event that legal action is necessary to enforce any of
the provisions of this Contract including the arbitration described in this section, the
substantially prevailing party shall be entitled to its costs and reasonable attorney's fees.
G. Governmental Immunity. Contractor agrees and understands that Pitkin
County is relying on and does not waive the monetary limitations or terms or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity
Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to
Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract
shall be construed or interpreted to require or provide for indemnification of the Contractor
by the County for any injury to any person or any property damage whatsoever which is
caused by the negligence or other misconduct of the County or its agent or employees.
H. Current Yeaz Obligations. The pazties 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 aze subject to Pitkin County's annual right to budget and
appropriate the sums necessazy 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.
I. Notice. Any notice required by this Contract shall be deemed delivered
through either of the following: (1) hand delivery to the person at the address below or
(2) by certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. Pitkin County with copies to:
Jodi Smith, Facilities Manager Pitkin County Attorney's Office
485 Rio Grande Place, #101 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
B. Commercial Specialists, Inc.
685 W. Gunnison Ave #111
Grand Junction, Colorado 81501
J. Waiver. No waiver by either parry of any right, term or condition of this
Contract 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 this Contract.
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XIX. Contractor's Reroresentations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1. Contractor has familiarized himself with the nature and extent of
this Contract, Project, 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 cazefully studied the site and has performed all
necessary investigations, tests, and 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 examinations,
investigations, and tests and studies of such reports and related data as it deems
necessary for the performance of Project at the Contract price, within the Contract
time, and in accordance with the other terms and conditions of this Contract; 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 this Contract.
5. Contractor has given Procurement Officer written notice of all
conflicts, errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Procurement Officer is acceptable to Contractor.
6. By executing this Contract, the Contractor represents that it has
visited the site, familiarized itself with the local conditions under which the
Project work is to be performed (including weather conditions which can be
expected), and correlated its observations with the requirements of this Contract.
7. The undersigned representative of Contractor represents that it is
an authorized representative of Contractor for the purposes of executing this
Contract and that it has full and complete authority to enter into this Contract on
behalf of Contractor.
XX. Countemarts. This Contract may be executed in multiple counterparts, each of
which shall constitute an original, but all of which shall constitute one and the same
document.
XXI. Comroliance with House Bi1106-1343 and House Bi1107-1073
Pitkin County Facilities Management, 485 Rio Grande Place, Unit IoI, Aspen, CO 816u
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
22
PITKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE - PROJECT z o86 -zoos
Ledger # 001.88.92888.86268 Rev 03/OS/08js
A. In compliance with House Bi1106-1343 and House Bi1107-1073 amending
Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-
Public Contract for Services, enacted by the General Assembly of the State of Colorado,
the Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform
work under this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by
the General Assembly of the State of Colorado:
1. The Contractor has confirmed or attempted to confirm the
employment eligibility of all employees who are newly hired for employmenf in
the United States through participation in the Basic Pilot Program [created in
Public Law 208, 104th Congress, or its successor and expanded in Public Law
156, 108x' Congress, or its successor, that is administered by the United States
Department of Homeland Security] and, if the Contractor is not accepted into the
Basic Pilot Program prior to entering into this contract, the Contractor shall apply
to participate in the Basic Pilot Program every three months until the Contractor is
accepted or this contract has been completed, whichever is earlier. This provision
shall not be required or effective if the Basic Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this
contract is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor
performing work under this contract knowingly employs or contracts with an
illegal alien, the Contractor shall be required to:
a. Notify the subcontractor and the County within three days
that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to subparagraph (a) of
this paragraph (3) the subcontractor does not stop employing or
contracting with the illegal aliens; except that the Contractor shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
Pitkin County Facilities Management, 485 Rio Grande Place, Unit Io1, Aspen, CO 81611
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
23
PITKIN COUNTY HEALTH & HUMAN SERVICES FIRE SYSTEM UPGRADE - PROJECT' a o86 -2008
Ledger # 001.88.92888.86268 Rev 03/OS/08js
4. The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that
the Department of Labor and Employment is undertaking pursuant to the
authority established in Subsection (5) of C.R.S. § 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set
out herein above.
CONTRACTOR
Commercial Specialists, Inc.
685 W,, tT nnison Ave #111
Gran Jun Ton, Colarado 81501
Title
Date
PITHIN COUNTY, STATE OF COLORADO
MANAGER APP OVAL:
F• as'og~
Hilary F tc er, County Manager Date
RE OMMENDED FOR APPROVAL:
ECG a- -Zf~-~~j
Jodi Smith, Facilities Manager Date
'~ 6~J ~ 2S~~g
Temple sie •, ep ty Director Date
G~
Pitldn County Facilities Management, 48g Rio Grande Place, Unit tol, Aspen, CO 8t6Lt
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
24
• !l. 2006 4.24PM COMMERCIAL SPECIALIST INC No 8766 P. 2
~' ~'ro p o s a ~ EXHIBIT A
~~ COMMERCIAL SPECIALISTS, INC. ogre
465 W. GI/NNISON AVENUE, kl l l 1/27/2008
GRAND JUNCTION. COLORADO at JUt pAOF:
(970) 241-0268 PHONe (470) 241-0249 FAX I OF 1
Pitkin County Facilities Management
Attention' Jodie Smith
We hereby submit spebf8callans and ebUmatbb tor'
Pitkin County Health & Human Services
Aspen, CO
Complete Notifier Fire Alarm Upgrade
TY PART NUMBER DESCRIPTION
1 CPU2-640 CPU FOR 640 W/CHS2-M2 & 318 POINT MODULE
t SBB-B4 BACKBOX -BLACK - 2 CHASSIS
1 UDACT COMMUNICATOR
3 ACPS-610 INTELLIGENT 6 AMP AUX. POWER SUPPLY
88 FSP-851 PH070,FLASHSCAN
1 FSD•751 PL DUCT PHOTO, FLASH SCAN
6 FST-851 THERMAL, FLASHSCAN, 135 DEGREE
4 FMM-101 MINI MONITOR MODULE, FLASHSCAN
5 FRM-1 RELAY MODULE, FLASHSCAN
1 LCD-60 LCD ANNUNCIATOR
1 MAP GRAPHIC ZONE MAP
12 NBG-12LX PULL STATION, FLASHSCAN
20 P2R HORN/STROBE, MULTI-CANDELA, RED
16 SR STROBE, MULTI-CANDELA, RED
1 P2RK HORN STROBE,RED,MULTI-CANDELA,W..P,
PRICING BASED ON SYSTEM INSTALLATION 8 AM TO S PM, MONDAY • FRIDAY.
OWNER PROVIDES 2 ANALOG TELEPHONE LINES FOR COMMUNICATOR AND 120 VAC CIRCUITS
FOR FIRE PANEL AND REMOTE POWER SUPPLIES.
1) Ihicc include eebk, licld device i1Y5I41WtiGY, head cnJ wiring, programming, drtwings, submitult, oammunieulor, fire dame pcnuit
owwer mining, rest and cenifiuiion of eyttmr and one ywr warnary.
2) NUi INCLUDED are apptltaWe soles taxes, tdcphooe does, f x0 vAC drcults for Ere pond ur power supplies.
3) Prieiag subject to rniaor ebarrge after Iroeal Autltorlry bnvlag JurisdicGoe review and approval.
4) Commercial Specialists, Inc. oaaumea nu neaponsibiliry for wmphNYCe with FWerol ADA reyuircments in skis system's design.
S) Ystrehaser ^greea to intklsmify and Iwld hamdess Commerutiul Spxiahw, Inc. its atiieers, ahPloyas, agerltc and ussigna Rom and against
all claims and ibwsui4 brought by amities who tie Iwt parties to this Proposal.
6) h is mWerstaod ald agreed Ibm Commercid SpcciaSsu, lne. is not en insurer au1 that its liability fur hilure of the system or etryiplnent shall
03e bereby w rumixh mataiol and labor • cm»plcm in accordance with ,Inoue epeeifieations, for Ne sun of
FIFTY SEVEN THOUSAND EIGHT HUNDRED AND NOl100 ---------- dollbrs( S 57,800.00
h,n,enl to be ease w blbwa:
NET 30 DAYS
MI,IalanY apuamnleaa la be apeaieea. Nlwwabk wrplobah•a,p,nranllM pwmerupwbnpb
a%IkaN Pam W. MyallM4an 010avia4on nan above spe6Gr.Mioni inyNNrq eWa mNe Mlll as
aaamlM orq' upon wmn elNApa sacra, alb vie esepme an eava charge peer aM sbota ula aRmn.
NI aplsamanli mnlapMl upM NYllwa, atdaMla ar aNaya UOYena cur coM,W. Owner b eanT fea,
lanad0 ane mw namMary mlunro.0ufrnvran are nay meerN bywoAunan's Cpnpensalbn
Inaanro. Our mro an nN JO nays. NI wamua afAM,nls en wgaG m inlnbl N 2%per manlh 7aK
annuNly TM Wldrasar apron b pay all mu prmWdon aM rueenaaa arbn~el/i lees it am,.nr
Dammas dNmwan ana moat 0• lumaa owrmmMdbrw.
Aulburired <~~ /// t\
Siy~ ulurc d(~,stiN
Note: ibis proposal rosy be wiNdrawn
by w it nor accepted within
eeeptai2ee of ProTJDSaI Theubu•e prises, cpeeificatipns and conditions tic satufaewry end ate hereby accepted. voa arc
aarhaited to Jo the work tic speeiGeJ. Payment will be mode a outlined shove.
wu: of aaceplnrs; Sip/Yature