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HomeMy WebLinkAboutbocc.con.248.2008 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT 248-2008 ORIGINATING DEPARTMENT/DIVISION: Airport CONTACT PERSON: David Ulane PHONE 970-429-2853 PROJECT NAME: Interior Signage and Way Finding ? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) CHECK PROCUREMENT TYPE: ?None ?Informal ®Formal ?Sole Source ?Emergency ?State Bid ? ?Compliance with House Bills 06-1343 and 07-1073 (Under $10,000, Letters of Engagement, etc.) CHECK CONTRACT TYPE: DOLLAR AMOUNT: $65,152.76 BUDGET LINE ITEM/LEDGER NUMBER: 404.67.95703.82000 ?Services/Maintenance ?Employment (for county employees) ?License/Use ?Intergovernmental Agreement (Requires BOCC Action) ?Lease ?Non-Profit ®Construction ?Quasi-Public ?Goods, Equipment, Supplies ?Grant Agreements (Requires BOCC Action) ?Other (e.g. revenue) ?Change Order/Contract Amendment CONTRACTOR/BUSIlVESS:Gordon Signs Complete Legal of Name of Business Gordon Sign Contract Execution Date:10/13/2008 Contract End Date: 10/12/2009 Automatic Renewal ?Yes ®No Term of Contract: 10/13/2008-10/12/2009 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 Legislation Included in RFP and/or Contract ? ?All Legal Descriptions Attached (if appropriate) 5 ? ®Notice of Awazd/Proceed Attached (if appropriate) 3 ~ ? ?Warranty,ifapplicable ?Special Instructions for Finance Department: ®Sentto Clerk and Recorder for Scanning/Archiving ®Authorized Staff Person's Name: David Ulane BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. AMENDED 04/01/08 Sardy Fiald C'/~~ Aspan/Pitkin County Airport 0233 Eest Airport Ro®d Aspen, Colorado 81 61 1 970/920-5384 September 30, 2008 FAX 970/920-5378 Richard Frank Gordon Sign 2930 E. 9th Ave. Denver, CO 80204 RE: Notice of Award, Aspen/Pitkin County Airport Interior Signage and Wayfinding Project Contract 248-2008 Dear Mr. Frank: On behalf of the Aspen/Pitkin County Airport, I'd like to thank you for your proposal submitted September 19, 2008 for the above referenced project. I'm pleased to inform you that this correspondence serves as your Notice of Award in the amount of $74,831.26. Per your concurrently submitted proposed value engineering proposal of $65,152.76, the awarded amount maybe reduced upon further discussions and negotiations. As soon as possible, please forward to my attention a performance bond and certificate of insurance as outlined in the request for proposals. Scott Cary with J3 Aviation will contact you shortly to discuss scheduling and other project details as we move forward to complete this project this year. Again, thanks for your proposal. We look forward to working with you to complete this critical project on time, and within budget. Sincerely, David R. Ulane, A.A.E. Assistant Aviation Director/Administration CC: Scott Cary, 13 Aviation ~ re,% Contract #248-2008 Ledger #404.67.95703.82000_ PITHIN COUNTY CONSTRUCTION CONTRACT THIS CONTRACT, made this 13th day of October, 2008, by and between the Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and Gordon Sign (herein- after called the "Contractor") to perform the following work: Interior Signage and Wayfinding Installation ("Project"). L Term of Contract. The teen of this contract is from October 13, 2008 to October 122009. II. Scope of Work and Work Schedule. A. Installation of Terminal Interior Signage and Wayfinding as outlined in Exhibit "A", the County's Request for Proposals #248-2008 and the Contractor's proposal dated September 19, 2008, which are incorporated herein by reference. B. All work performed under this Contract shall be done according to the following work schedule: Scope of work to be completed no later than December 12, 2008. 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 $65,152.76 (sixty five thousand one hundred fifty two dollars and seventy six cents) in accordance with this Contract, subject to increase or decrease in accord- ance 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 monthly 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. 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 Page 1 of 22 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 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 attorney's fees reasonably incurred or to be incun•ed 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 Oblieations. 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 Page 2 of 22 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 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 bylaws 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 pay aII 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 fumishing and performance of the Project including roles, 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 Page 3 of 22 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 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: Page 4 of 22 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 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 tmftic 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 Page 5 of 22 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 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 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. Indemni 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 Page 6 of 22 from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (in- cluding 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. 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 [Insert Names if Applicable], 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 Occun•ence 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 X (1) Performance Bond _100% X Labor and Material 100% Page 7 of 22 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 (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 af3'orded 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. Page 8 of 22 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-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 Pronertv 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 Page 9 of 22 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 therefore 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. Chances 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 Page 10 of 22 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 "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 0) 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, Page 1 I of 22 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. a 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 Guazantee• 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 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 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 guarantee provisions and be free from failure for a period of not less than one 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: 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 Page 12 of 22 the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard wan•anty 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 inspecfion, 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. Page 13 of 22 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 guazantee 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 con•ect 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 con•ected 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, con•ect 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 Page 14 of 22 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. Liauidated Damages. It is the County's intent to complete this project no later than December 12, 2008 Liquidated damages of up to $2,300 per calendar day shall be paid if project is not completed by that deadline. r 1~ ~ ~ A. Time for Completion. Itois 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 as ~ 3 ~ specified herein are essential conditions of the Contract. The Contractor agrees that said Project y shall be prosecuted regularly, dd~gently, and at such rate of progress as will ensure completion p e within the time(s) specified. It is expressly understood and agreed, by and between the Contractor r and the County, that the time(s) for completion of the Project described herein aze reasonable S ~ S time(s) for the completion of the Project, taking into consideration the average climatic conditions a ~ prevailing in the locality of the Project. S ~ u -3 is"~ S B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in ~ S ~ ~ ~ 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. u ~ ~ ~ C. Liquidated Damages. Completion of the Project is of pazamount importance to the County. v If any portion of the Project is not completed in accordance with any time extensions granted by the ~ A 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 o specified in the Contract. This particulaz provision shall not be construed as a penalty upon said .y ~ ~ Contractor for failing fully to complete said Project as agreed in the Proposal and this Contract nor ~ T ~ is it intended, but as Liquidated Damages to compensate the County for all costs incurred as a result 9 of such breach of Contract. ~ ~ ~ D. Delays in Project Completion of Construction Phase. Subject to the terms of "Excusable ~ _ 3 Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to pay the ~j ~ ~ 3 3s County as a reasonable estimate of just compensation for damages contemplated with the clause, the z amount set forth as liquidated damages for each consecutive calendar day that completion is delayed ~ m ~ ~ ~ in the construction of the Project. 'tit A~ ~ ~ E. Excusable Delays -Force Majeure. If, by reason of Foree Majeure, any party hereto shall be v 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 pazty within a p ~ 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 Page 15 of 22 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. 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 havingjurisdiction; Page 16 of 22 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 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. XVT. Comyutation 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. Page 17 of 22 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. 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 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. Page 18 of 22 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. 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 tenns or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seg., 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 David Ulane, A.A.E. 0233 E. Airport Rd, E. Concourse, Suite A. Aspen, CO 81611 Phone: (970) 429-2853; Fax: (970) 920-5378 Email: davidu@co.pitkin.co.us with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 Page 19 of 22 2. To Contractor: Richard Frank Gordon Sin 2930 W. 9 Ave. Denver, CO 80204 (303) 629-1024 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 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. Page 20 of 22 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. Comaliance With House Bill 06-1343 A. In compliance with House Bill 06-1343, 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 enacted by the General Assembly of the State of Colorado: 1. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security] that the Contractor does not employ any illegal aliens 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. Page 21 of 22 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. ADDENDUM. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR Gordon Sign By: 7 - ~iu~~ a e Title zv/z s/o8 Date PITHIN COUNTY, STATE OF COLORADO MANAGER APPROVAL: SECTION APPROVAL: Hilary F e her, County Manager Date S n Head Date RECD D FOR APPROVAL: io it-00 Procurement Officer Date Page 22 of 22 ~ooo a y ! r W W N W; N 1+ 0 a A ~ IJ Q N O ° 3 ~ G1 o g r Z n~ 'a. a ° o~; o wa o o g~ o a$ ca A' Jn" c g~ c p e c p a ~ 3 a p, ~ q .ai .a. w .a. O ~ O ~ p_ p_ ` T st r. 3 L! g I o W Z o o: o o:~ S4' v 3; . ~ ~ ~ ag. ~ '3 a 9 n a ~ ~ ~ ° ~ Z ~ 9 m ~ ~ I~~1' $ pV~p ~ N ~ avi o~ ~i iii W N m ~ N~a O N 00 VI Oi {app ~p+~ a o ~ N ~D N W O {J~III 10 O C N N U N V A O {~D W O~1 N OVD ~ N V N ? 9 -C ~ o y ~ 1D N ~N N ON N 1Vp q+ pyNf N+ N ~ O a pAp rYp O ,~N.+ ,aVWV~ o p~p~~ 1pp0 o W $ 10 {0(pp1 V .i + pAy~ppp ~ n Z A A W N V IAA 00 tp O 1W0 tWil OWO A N v A ~ R L e `I N N N Y Y N Y N w N Y N Y Y y N tN{pp O V IVI+1 lD 0VV0 VW W V ~VI OI pV O1 V O ~ V VI ~1 Y J t0 tD N N p`4pDpp1 ~!NI.lI TN _ C N 1W0 W V IAO ~ ~O Of r N OV1 N A N 1NA A+ f ry ~ V N N N N N W W l71 U1 F+ xF~+ N N OD ' ? ~ ti-~ ~ kj' w ~ a ;;~a 1 { ° e 1 ~ Co w F „I Redslonr. J a.LN O S~ _ ~oi.l Decorative aluminum channel ~ ~ ; ~ 5-~- I o2 1"xi'x18' ~ .4 ST Boa i o ~O~ G,yli• "r r S; - ~s'3 Drill and tap inio'F~'bar stock sT - ~ s3. for 1/4"hanging h 4. f: . , Weided'~"aluminum f bar stockframe. 9"'~ Vduyr. .090 ahiminum faces glued ~ 'h'""' to'h"bar stock frame. ~ Wrap edges and bottom with , face vinyl. ~ ; 6 AtpeMPAtln C®mIr Alrpml f Atpen, CDltrado ~ ncaounr R.r. R.F. ~ Oala Drawn by. / Sala i`J.. ks ~ •1 ' ~ tlLtNItO~WA'1~116 i Yt~L1M1~KPY6a1~N1 ~ ltLtlafllll01l1YallaMla ~i~ YOfM IIIMMaA11al0 araawn F/~ ea31l0;~/ •09 D GORDON SIGN ~ ~ Full Size AspeN Pitkin County Airport Value Engineered Section Thru Detail. Typical Hanging Sign Mount ~ we aa"m~au Ana.nerd,Mlfr.aiw".P,ap.ya0ddan8pnaneernaa.MarMwlplaerlnp.eMPwlNbca+awn. Drawing#~ Alternate a.w.YwMMwv~.wMrwwMYSwna~rUw.Y++Lware~wr•w.rww.~wrfrw~f ww~~rvawW+w Rwisions: n .0 1 Interior angle mounting clips with appropriate anchor. Decorative aluminum angle . s . t .090 aluminum faces. e ~ Interior 1'x1 "aluminum angle 4 ' frame around entire sign. : a .090 aluminum face. Glue to ' irderior angle frame. 4 Prime and paint. Sand smith. , Climt Appmeat Note: end seams w0t not be visible. s AapeNRltlR CooRty Allp f A:paR, Colarodo ~ AcmuntRap. R.F. f Date: ~~pg Drawn M : sue: s f4 / 4 / ' I 1 / / LLLNlaelvtwulearo y t11MSMeaa~lallmYRaMiC0. auleelruwllwrealam ~ YAT ai aemw~elunaeswnr / Aspen/ Pitkin County Airport Value Engineered Detail. Typical Wail Mount full Size ~ a?ri Y. I GORDON SIGN ~ypM f~il~"~"I f~s t00~W1sH d~epr~P~wn R171w eMtA+yer.aawN.pvalsayM~aleen 9kA rw awro1w11oremrtW elnwF Nteealn panwMlwnMe mown. Drowin9# Alternate e.Mawww.rrwwb.ww.w.arr..~~++~~ssrr.+..w..w+~'^~~•~+wwr••r..wrr.rv/w ~a~rr."rwu..rrarw / 1 Compliance with House Bi1106-1343 and House Bi1107-1073 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 Bi1106-1343 and House Bi1107-1073 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, 108' 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 subpazagraph (a) of this pazagraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not T~ 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 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: By: ~J Title it-t~u..4~wc= I I /I o/o,Y Date PITKIN COUNTY: By: Authorized Signer Date ~n Compliance with House Bi1106-1343 and House Bi1107-1073 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. Incompliance with House Bi1106-1343 and House Bi1107-1073 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 aze 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, 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 pazticipate 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 subpazagraph (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 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: By: Title ~.e~e-s~-.~ er /e~ /b~ Date PITKIN COUNTY: gy. ~ (-~o~1g Authorized Signer Date