HomeMy WebLinkAboutbocc.con.193.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 193-2008
ORIGINATING DEPARTMENT/DIVISION: BGM
CONTACT PERSON: Jerry Morris PHONE #: 5763
PROJECT NAME: Courthouse west steps replacement
❑ 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, etc
UDGET LINE ITEM/LEDGER NUMBER: 001.17.92817.86275
CHECK CONTRACT TYPE:
❑ Seryices/Maintenan ce
❑License/Use
❑Lease
®Construction
❑Goods, Equipment, Supplies
❑Other (e.g. revenue)
❑Employment (for county employees)
❑Intergovernmental Agreement (Requires BOCC Action)
❑Non -Profit
['Quasi -Public
['Grant Agreements (Requires BOCC Action)
['Change Order/Contract Amendment
CONTRACTOR: Avcon Constructors, Inc. COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor)
Contract Execution Date:8/22/08 Contract End Date: 9/18/08
Automatic Renewal: ❑Yes No Term of Contract:
VWAll Contracts should be proofed for the following:
✓ No Pages Missing
1 ®If a Page is Left Intentionally Blank —Note on Page
✓ ®Page numbered consecutively
✓ ZAII Signatures Affixed
✓ ®All Dates Filled In
✓ ®All Other Blanks Filled In
1 ®All its Attached
✓ 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
1 All Legal Descriptions Attached (if applicable)
✓ /INotice of Award/Notice to Proceed Attached (if applicable)
1 Warranty (if applicable)
1 ❑Special Instructions for Finance Department:
✓ ®Sent to Clerk and Recorder for Scanning/Archiving
1 ®Authorized Staff Person's Name: Jerry Morris
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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NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
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PITKIN COUNTY CONSTRUCTION CONTRACT
Project 193-2008
THIS CONTRACT, made this 28 day of September 2008, by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and Avcon
Constructors, Inc (hereinafter called the "Contractor") to perform the following work:
Courthouse West Steps Replacement.
I. Term of Contract. The term of this contract is to 28 day of August 2008 from to 22 day
of September 2008
II. Scope of Work and Work Schedule.
A. Courthouse West Steps Replacement at 506 East Main Street Aspen,
Colorado 81611 to remove and replace the sub grade concrete steps and to
prep for installation (by other) of hydronic snow melt tubing.
Proposal dated and signed by Avcon Constructors July 22, 2008
Specifications and drawings sheet Si S K Peightal Engineers dated May 19,
2008.
B. All work performed under this Contract shall be done according to the following
work schedule: August 2, 2008 and complete no later than September 18, 2008
III. Payment. The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of seventeen thousand two hundred Dollars
and zero cents ($17,200.00) 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.
1. Contractor shall submit applications for payment upon
completions.
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
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and County, satisfactory progress is being made on the Project. If, in the opinion
of the Procurement Officer and County, satisfactory progress is not being made
on the Project, or if claims are filed under Section 38-26-107, Colorado Revised
Statutes, as amended, County may retain such additional amounts as County may
deem necessary to assure completion of the Project or to pay such claims and any
Procurement Officer's and attomey'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 Obligations.
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 extraordinary 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.
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.
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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 performing 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 attomey'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 pay all governmental
charges and inspection fees necessary for the prosecution of the Project. The Contractor shall
pay all charges of utilities for connections to the Project, and the County shall pay all charges 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
separately for any taxes, which may apply except as provided in this Contract, and the Contractor
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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
areas permitted by this Contract, law, ordinances, and permits. The Contractor shall
assume full responsibility for any damage to any such land or area, or to the County or
occupant thereof or of any land or areas 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.
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 may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
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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 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 bear 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. After 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 bear 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.
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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 clearly 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.
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 declared bankrupt or
becomes insolvent or its right to do business is terminated in any state or it ceases to meet the
requirements of paragraph 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. Indemnity. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents
and representatives from and against liability for any claim, demand, loss, damages, penalty, judg-
ment, expenses, costs (including costs of investigation and defense), fees (including reasonable
attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily
injury, death, personal injury or property damage arising out of or in connection with any negligent
act, intentional act, error or omission by the Contractor, and for any consequential liability alleged
to accrue against the County on account of the Contractor's acts, errors or omissions; provided,
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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.
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 ,from claims for
bodily injuries, death, personal injury or property damage, which may arise out of or result from
the Contractor's acts, errors or omissions. The following insurance coverage, at or above the
limits indicated and including such endorsements as are indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability — ISO 1998 Form or equivalent
(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 Form (All risks) to include (place X by applicable
provisions):
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000,000.00
4. Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
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(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 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 of the
Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Contract or thereafter.
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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.
VIII. Exemptions and' Preferences.
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 84-78000-5K.
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 Property and Landscape; Hazardous 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 carefully 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 similar
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 parking, vehicle parking and stockpiling
excavated materials shall be allowed only in those areas designated by the Procurement
Officer.
5. If the Contractor disturbs any of the landscape not called for removal, it
shall restore those areas as directed by the Procurement Officer at the Contractor's
expense.
B. Hazardous Materials
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1. The County shall not be responsible for the cost of and the removal or
clean up of Hazardous 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. County Work at the Project 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 similar 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 are for the benefit of such utility owners
and other contractors to the extent that there are 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 -
apparent defects and deficiencies in the other work.
XI. Changes in the Project and Use of Change Orders.
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
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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 are 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 are first
discovered.
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
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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.
I. 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 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 clear 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 are
indicated for certain items, Contractor warrants Project work, whether fumished, 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 guarantee provisions and be free from failure for a period of not less than 1
year 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:
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a. Obtain all warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard
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 standard
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.
1. 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.
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 are
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.
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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 bear all direct, indirect and consequential costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
E. Correction Period. If within two (2) years 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 (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, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of engineers, architects, attorneys 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 calendar 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 paragraph 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 are 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 charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement
14
193-2008
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
September 18, 2008 Liquidated damages of $500 per calendar 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 are 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 described herein are 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 completion 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 paramount 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 particular 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 calendar 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 far 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
15
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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.
F. Cumulative Remedy. The liquidated damages referred to herein are 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 similar 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 charge 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 disregards 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
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193-2008
documents, data, studies and reports 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 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 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 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 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.
XVI. Computation 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 are of the essence.
XVII. Records and Cost Pricing 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. These record documents
together with all approved samples will be available to the Procurement Officer for reference.
17
193-2008
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) years 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 similarly 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 terminated shall be made available for three (3) years after any resulting final 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 arbitration. The parties 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 Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
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 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.
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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 attomey'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 Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the Contract shall constitute a mandatory charge
or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
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:
1. To Pitkin County
Jerry Morris, Project Manager
485 Rio Grande Place, Unit 101
Aspen, Colorado, 81611
970 920 5763
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
2. To Contractor:
Avcon Constructors
55 Vagureo Trail
Greeley. Colorado 80624
Any Vigil
970 330 0398
J. Waiver. No waiver by either party 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
19
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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.
XIX. Contractor's Representations.
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 carefully 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. Counterparts. 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. Compliance with House Bill 06-1343 and House Bill 07-1073
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A. In compliance with House Bill 06-1343 and House Bill 07-1073 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 employment 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, 108th 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.
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
21
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Department of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. § 8-17.5-102.
ADDENDUM.
It the stamped concrete repair or replacement is required to complete it shall be at $55 a
square foot to match the existing
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out
herein above.
CONTRACTOR
Avcon Constructors, Inc.
By:
Name Title
Date
PITKIN COUNTY, STATE OF COLORADO
MANAGER APPROVAL:
NR
Hilary Fletcher, County Manager Date
RECOMMENDED FOR APPROVAL:
Procurement Officer Date
SECTION APPROVAL:
Section Head Date
22
193-2008
Department of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. § 8.17.5-102.
ADDENDUM.
It the stamped concrete repair or replacement is required to complete it shall1be 855 a
square foot to match the existing
IN WITNESS WHEREOF, the parties have executed this Contract as of the date fir{1t set ut
herein above.
CONTRACTOR
Avcon Const tors, Inc.
PITON COUNTY, STATE OF COLORADO
MANAGER APPROVAL:
NR
SECTION APPROVAL:
Hilary Fletcher, County Manager Date Section Head
RECOMMENDED FOR APPROVAL:
Procure rrknt Officer Date
„loci -Ss
22
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NOTICE OF AWARD
Date: August 26, 2008
TO: Avcon Constructors
55 Vagureo Trail
Greeley. Colorado 80624
Attn; Andy Vigil
AvconigtMSn.com
970 330 0398
The Owner, having duly considered the Proposal submitted on July 22, 2008, for the work bovet$d by the
Contract Document titled: Courtbouse West Steps Replacement in the amount of Sl' ,200 00, and it
appearing that the Price and other information In your Proposal Form is fair, equitable and $o the'best
interest of the Owner, the offer in your Proposal Form is hereby accepted.
in accordance with the terms of the Contract Documents, you are required to execute the
within ten (10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencin
with the requirement for insurance as stated in the Contract Documents to: Jerry Morris,
Manager, 485 Rio Grande Place, Unit 101, Aspen Colorado, 81611, 970 920 5763,
Jerry.Morris®co.pitkin.co.us
By
PITKIN COUNTY
By:
Jerry Morris Project Manager
ACCEPTANCE OF NOTICES=—=s
Receipt of the above Notice of Award is hereby acknowledged
fT"
Title
this . day of
at�Sent
n*iance
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AGORA., CERTIFICAt OF LIABILITY INSURA%„LE I 08/25/2008
PRODUCER Serial # 108784
COLORADO WORKERS'
COMPENSATION NETWORK ,INC
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND.
ALTER THE COVERAGE AFFORDED BY THE POLICIES
EXTEND OR
BELOW.
6635 S. DAYTON ST, SUITE O 240
GREENWOOD VILLAGE, CO 80111
INSURERS AFFORDING COVERAGE
NAICO
INSURED
INSURER AI PINNACOL ASSURANCE
41190
AVCON CONSTRUCTORS INC
INSURER B:
55 VAQUERO TRAIL
DSURER C:
GREELEY CO 80634
INSURER D:
I
INSURER E:
COVERAGES
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCV PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TN
TYPE OF INSURANCE
POLICY NUMBER
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DESCRIPTION OF OPERATIONMDCATIONSNENICLESB%CLWNNB ADDED BY ENDORSEMEMf8PECUAL PROVISIONS
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BY:
CERTIFICATE HOLDER CANCELLATION
PITKIN COUNTY
485 RIO GRANDE PLACE, UNIT 101
ASPEN CO 81611
I`_'"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRREN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NOOBUGATION OR LIAINUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUDmRaED REPRESENTATIVE THOMAS BMERMEN-
I&
ACORD 25 (2001108)
C ACORD CORPORATION 1888
C
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 28 (200U08)
�� b
193-2008
PROPOSAL FORM
Proposal Time: 2PM MST
Proposal Date: July 22, 2008
From: �1/ C Gri5IYjCtDyS,1 nc-
55 efa `ri?j
rceI1 i.D 8b634
Phone q)0 33o•o3'jR Fax COO, 3b• 03012
Ga E-mail Address: &Vl"! Oa !rich • Vb.
To:
THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o
Jerry Morris
Project Manager
485 Rio Grande Place
Unit 101
Aspen Colorado, 8161 1
For: Courthouse West Steps Replacement. Located at 506 East Main Street, Aspen
Colorado, 81611
Pursuant to a request by the Pitkin County Commissioners, the undersigned .Proposer
having examined this Request for Proposals (RFP), including the site of the pro sed
Project and being familiar with conditions surrounding the construction of the sed
Project, including the availability of materials and labor hereby proposed to mi all
labor, materials, supplies, bonds, permits, services and supervision required t per rm
the Project for the project identified above and listed below and as detailed in this FP
for the sum of
The lump sum of $ ven ealhoukanlJTkJ#kM t,, 40 , )
The cost for removal and replacement of colored stamped concrete (sidewalk). 4tSquare foot price 4��DD � LAM, , s� m thr,11Dollars (s )
'T �r-i•h ia.i -no vein kV Ceiln end t //icktejeol
% woes
..4 as.'% 4S7 teir-a l4- GCnect I*
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70 39Vd NO AV
EE6i:S8L0L6 10:9t 800t/LL/L0 /17
193-2002 Formal —1ev01 A/Okla
List of similar Project pt. a mcd:
Reference Name. & Phone Number
3 M
F
It is further understood that the right is reserved by the County to reject y d all
proposals and it is agreed that the proposals may not be withdrawn for a pOrio4 of ten
(10) days from specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos.
The right is reserved to waive any InformalIdcs and to reject any Propos41.
(Type/Print name under all signatures)
Dated this 8>day of
(Corporate seal)
I
SIGNATURES: If the proposal is being submitted by a Corporation, a Proposer
should be signed by en officer, i.e. President or vice-president. The si turn of the
officer signing shall be attested to by the secretary and properly sealed. If a p1oposal
is being submitted by an individual or a partnership, the proposal shall so in land be
properly signed.
Z0 3El d NODAV
EE6Z98L0L6 T0:91 BOOZ/ZZ/LO Ace
193-2008
Formal —R*01 /➢'08js
The project will be completed within 0 working days of init1ati4 the
Project.Dand Deion: ,,L b z 0 >,�P onvmrAt •
and txtpileyt Approach to Project: I --yi /e 1,
9Y11Site
C2)V ftek folk r- t)o&k- -4a be
Proposed project timeline: &LWQ, lls JY'*d ofbrae-
� r'
Proposed Payment Schedule:
I
' le* O MYl (M W/n.
.N1.1
Qualifications of
Please insert names
Reference Checks.
1.-A-
Proposer:
address, phone numbers and description of similar *jell
,,,,iAU A'10. 5`1O- 0316
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