HomeMy WebLinkAboutbocc.con.190.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVIlVG
CONTRACT #: 190-2010
ORIGINATING DEPARTMENT/DIVISION: Airport
CONTACT PERSON: Dave Ulane PHONE #: 970-429-2853
PROJECT NAME: Landscaping & Irrigation System Installation Project
❑ 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:
QNone QInformal �Formal QSole Source QEmergency ❑State Bid ❑
QCompliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, etc
�DOLLAR AMOUNT: $112,338.20
✓ CHECK CONTRACT TYPE:
BUDGET LINE ITEM/LEDGER NUMBER: 404.69.95716.86000
(for county employees)
�ental Agreement (Requires BOCC Action)
o, Equipment, Supplies
(e.g.revenue)
Agreements (Requires BOCC Action)
;e Order/Contract Amendment
CONTRACTOR: Landscape Workshop COMPLETE LEGAL OF NAME OF $USINESS (if different from
contractor) The Landscape Workshop,Inc.
Contract Execution Date:10/1/2010 Contract End Date: 9/30/2013
Automatic Renewal: ❑Yes �No Term of Contract: 10/1/2010-9/30/2013
All Contracts should be r fe f r f .
p oo d o the ollowing• ��J
✓❑If �No Pages Missing � � � �(�' �
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 E�ibits Attached
✓�HB 06-1343 and 07-1073 (Immigation Legislation) Included in RFP and/or Contract
✓ �All Legal Descriptions Attached (if applicable)
✓ ONotice of Awazd/Notice to Proceed Attached (if applicable)
✓ ❑Warranty (if applicable)
✓�Special Instructions for Finance Department: Hse Bill Si�ed in original contract
✓ �Sentto Clerk and Recorderfor 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
ARCHNES RETAINAGE SCHEDULE.
Contrac[ # 190-2010
Ledger# 404.69.95716.86000
PITKIN COUNTY CONSTRUCTION CONTRACT,
Rev. 3/28/09 j Is
THIS CONTRACT, made this lst day of October 2010, by and between the
Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the
"County") and Landscape Workshop, Ina (hereinafter called the "Contractor") to
perform the following work: Multi-Year Airport Landscaping and Irrigation System
Installation ("Projecf').
I. Term of Contract. The term of this contract is from October 1, 2010 to September
30, 2013. At the expiration of the initial term, the contract may be extended for an
additional term of two years by the express written consent of both parties.
ll. Scone of Work and Worh Schedule.
A. 2010 Project per attached exhibit A. Future projects to be added by task
order/amendment.
B. AIl work performed under this Contract shall be done according to the
following work schedule:
Work under Exhibit A shall be completed no later than December 1, 2010.
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 $112,338.20 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.
l. 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
� . _
Contrnct # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
the calculated value of any Project work completed, ]ess 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 a]] 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 OfficePs and attomey's fees
reasonably incurced 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-]07, C.R.S. and Section
24-91-103, C.R.S., as amended.
IV. Contractor's Oblieations.
A. Supervision and Superintendence.
L 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.
l. The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and the
Contract # 190-2010
Ledger# 404.69.95716.86000
Rev, 3/28/09 jls
Procurement O�cer, 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 Procwement
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 Ofticer for all acts and omissions of the subcontractors, suppliers
and other persons and organizations performing or fumishing 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
Ofticer 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 oc 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 O�cer 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 incidenta] 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,
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Ledger fl 404.69.95716.86000
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 ta�ces, which may apply escept as
provided in this Contract, and the Contractor shall be responsible for all ta�ces, which may
apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales
or use taaces. 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. UseofPremises.
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 Iand or
area, or to the County or occupant thereof or of any land or areas contiguous
thereto, resulting from the performance ofthe 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 espenses (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, legat 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
Contrac[ # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
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
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.
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Contract # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
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 temporazy 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.
Shop Drawings and Samples.
l. 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.
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 samptes 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 ofthe
Project and this Contract.
4. At the time of each submission, the Contrac[or shall give the
Procurement Officer specific written notice of each variation that the shop
Contract # 190-2010
Ledger# 404.69.457I6.86000
drawings or samples may have from the requirements
addition, shall cause a specific notation to be made
submitted to the Procurement Officer for review and
variation.
Rev. 3/28/09 jls
of this Contract, and, in
on each shop drawing
approval of each such
5. Where a shop drawing or sample is required by the specifications,
no related Project work sha►l 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 Pavment 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 $SO,OOQ as required by C.R.S.
§ 38-26-101, et seq. Al] Bonds shal] 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. ]f the surety on any Bond fumished 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. Indemniri. The Contractor (including, by definition here and hereinafter, its
officials, employees, agents and representatives, subcontractors and suppliers), shall and
hereby does reiease, 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, judgment, espenses, costs (including costs of investigation
and defense), fees (including reasonable attorney and expert witness fees) or compensation
in any form or kind whatsoever for any bodily injury, death, personal injury or property
damage arising out of or in connection with any negligent act, intentional act, error or
omission by the Contractor, and for any consequential liability alleged to accrue against the
County on account of the Contractor's acts, errors or omissions; provided, however, that
such indemnity shall not be construed as an indemnity for bodily injury or property damage
azising 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 ciaim,
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
Contract # 190-2010
Ledger# 404.6995716.86000
Commercial General Liability— ISO 1998 Form or equivalent
(With Counry named additional ins:ered�
Each Occurrence Limit $1.000_000.00
Genera] Aggregate Limit $2,000.000.00
Products/Completed Operations Aggregate Limit $2.000.000.00
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:
Statutory Workers' Compensation: Colorado statutory minimums
2.
Comprehensive Form (All risks) to include (place X by applicable
provisions):
Rev. 3/28/09 jIs
�
X
X
X
X
X
Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractorsand Subconuactors
Broad Form Property Damage
Personal Injury
Business Auto Coverage:
Combined Single Limit Liability (each accident) $1.000.000.00
4. Special Coverages (check as appropriate and insert amount):
X (1) Performance Bond
Labor and Material
Payment Bond
_ (2) Professional Errors and Omissions
_ (3) Aircraft Liabiliry
_ (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
Contract # 190-2010
Ledger}1 404.69.95716.R6000
B. Proof oflnsurance:
Rev. 3/28/09 jls
L 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 o1' Insurance with the County is agreed to be a
materiai 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 Ofticer (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 Counry 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 there-
after.
4. The County reserves the right to request and receive a copy of any
pol icy and any policy endorsement at any time during the term of this Contract.
Contract # I90-2010
Ledger# 404.69.95716.86000
VIII. Exemqtions and Preferences.
Rev. 3/28/09 j Is
A. All purchases of construction or building or any other materials for any
Contract shall not include Federal EYCise 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 Landscane: 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 mazks until
the Procurement Officer has witnessed or otherwise referenced theirlocation 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.
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Contract # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
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
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. Countv Work at the Proiect Site.
A. The County may perform other work related to the Project at the site by
the County's own forces, have other work performed by utility owners or let other direct
contracts therefor which shall contain terms 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 severai 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 estent 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 repoR 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.
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Contract # 190-2010
Ledgert{ 404.69.95716.86000
XI. Chanaes in the Proiect and Use of Chanee Orders.
Rev. 3/28/09 jls
A. The County may, from time to time, request changes in the scope of
services of the Contractor to be performed hereunder.
l. The Procurement Officer shall issue a notice informing the
Contractor of a planned change in the Project and requesting the Contractar's
detailed price proposal and adjusted schedule of work. The Contractor shall
submit a priced proposal for performing the proposed change in the Project within
five (5) days of notice or such other time acceptable to both parties. When the
Contractor and the County reach agreement on the adjustments to the Contract
price and/or Contract time, and changes in the Project, such adjustments shall be
promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County
and the Procurement Officer in a letter or written notice with the reference notation
"Contractor Change RequesY'. 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 sha►l 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.
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Contract # 190-2010
Ledger# 404.69.957I6.86000
Rev. 3/28/09 jls
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 (]0) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the
Contractor believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than ten
(10) consecutive calendar_days after the Contractor becomes aware of such
circumstance or matter.
3. Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change
request within the time required above, any action by the Contractor
related to such order, direction, instruction, interpretation, determination,
design error or omission, or other matter, including delays or differing site
conditions, will not be considered by the County as a change to the Project
and the Contractor waives any claim for an adjustment on the Contract
price or the Contract time.
b. The Contractor shall, at the time a Contractor change
request is submitted provide the Procurement Officer with a complete and
itemized proposal of Contract price and time adjustments. The proposal
shall also contain a detailed explanation, citing all applicable provisions in
this Contract, which supports the Contractor change request. If the
Contractor does not submit its itemized proposal within the time described
above or within such extension, which the Procurement Officer, in his/her
discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or
event described in the Contract change request.
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. Warranri and Guarantee: Tests and Insnections: Correction. Removal or Accentance
of Defective Proiect Work.
A. Warranty.
1. The Contractor warrants and guarantees to the County that all Project
work, whether supplied, fumished, installed, provided, or performed by Contractor,
a subcontractor, or supplier, will be in accordance with this Contract and will not be
13
Contract# 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
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 warcants 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 two (2) years 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 the minimum County requirements
as set for[h 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 esecuted, in writing, for the
benefit of the County, if directed by the Procurement Officer; or
a 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 govemmental
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.
]4
Contrnct # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
2. [f any laws, ordinances, rules, regulations, code or order of any
public body having jurisdiction requires any Project work (or part thereo� to
specifically be inspected, tested or approved, the Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish the
Procurement Of�icer the required certificates of inspection, testing or approval. The
Contractor shall also be responsible for and shall pay alI 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 othenvise
specified). The Counry 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 materiais 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. [f any Project work (inciuding the work of others) that is to be
inspected, tested or approved is covered without written concurrence of the
Procurement Officer, it must be uncovered for observation. Such uncovering and
testing when required by the Procurement Officer shall be at the Contractor's
expense.
5. Neither observations by the Procurement Officer nor inspections,
tests or approvals by others shall relieve the Contractor from the Contractor's
obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. [f 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
wrrect such defective Project work, or, if it has been rejected by County, remove it from the
site and replace it with non-defective Project work. If the Contractor does not promptly
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Contract # 190-2010 Rev. 3/28/09 jls
Ledger# 404.69.95716,86000
(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 corcected 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, attomeys and other professionals)
will be paid by the Contractor. Contractor shall also pay for any damage to other Project
work, other property, or person, which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten
(10) consecutive 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
pazagraph D of this Section, or if the Contractor fails to perform the Project work in
accordance with the Contract Documents, or if the Contractor fails to comply with any other
provision of the Contract Documents, the County may, after seven (7) days' written notice to
the Contractor, correct and remedy any such deficiency. In exercising the rights and
remedies under this paragraph the County shall proceed expeditiously to the extent
necessary to complete corrective and remedial action. The County may exclude the
Contractor from all or part of the site, take possession of all or part of the Project, and
suspend the Contractor's services related thereto, take possession of the Contractor's tools,
appliances, construction equipment and machinery at the site and incorporate in the Project
all materials and equipment stored at the site or for which the County has paid the
Contractor but which are stored elsewhere. The Contractor shall allow the Counry, 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 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 amibutable to
the exercise by the County of the County's rights and remedies hereunder,
Xlll. Liauidated Damaees. It is the County's intent to complete this project no later
than December 31, 2010. Liquidated damages of $200.00 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) ror completion ofthe Project
fG'i
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Ledger# 404.69.95716.86000
described herein are reasonable time(s) for the completion of the Project, taking into
consideration the average climatic conditions prevailing in the locality ofthe 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 Counry. 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 difficuk 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 paRicular
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 ofthe 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 political subdivision,
except the County, or any civil or military authority, insuttection, riots, epidemics,
Iandslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraint of govemment and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines, or canals, or other causes not reasonably within the
control ofthe party claiming such inability. [t is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of the party having the difticulty,
and that the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the demands
of the opposing party or parties when such settlement is unfavorable to it in the judgment of
the party having the difficulty.
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Ledger# 404.69.95716.86000
F. Cumulative Remedy. The liquidated damages referred to herein are intended
to be and aze cumulative and shall be in addition to every other remedy now or hereafter
enforceable at law, in equity, by statute, or under Contract.
XN. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or
more ofthe 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 similaz action by filing a petition or otherwise
under any other federal or state law in effect at such time relating to the bankruptcy
orinsolvency;
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 re►ief 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 thereo£ Such notice
shail 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
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Ledger# 404.69.95716.86000
liability to the County for damages sustained by the County by virtue of any breach of the
Contract by the Contractor.
XV. Indenendent Contractor Status.
A. The parties to this wntract 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 standards 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 taaces.
F. The Contractor shall be required to complete and submit to the County, a
Form W-9 TaYpayer Tdentification Number Request.
XVI. ComnutationofTime.
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 Iast 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.
XVIL 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.
19
Contrac[ # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
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 underthis 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. Miscelianeous.
A. Assignability. This Contract is not assignable by either party. Any use of
subwntractors 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 conceming 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 beriveen the County and the Contractor and supersedes all prior
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Contract# I90-2010 Rev.3/28/09j1s
Ledger# 404.69.95716.86000
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, Cobrado.
F. Attomey'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-]0-101, er 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 aze subject to Pitkin County's annual right to budget and
appropriate the sums necessazy to provide the services set forth herein. No provisions of
the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year
beyond the then current fiscal year of Pitkin County.
L 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 ceRified first class mail, postage prepaid, return receipt requested addressed as
fol lows:
1. To Pitkin County
(Procurement Ofticer and Address and Fax)
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax:(970)920-5198
2. To Contractor:
(Company/Corp Name, Contact, Address and Fax)
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,
21
Contract # 190-2010
Ledger# 404.69.95716.86000
Rev. 3/28/09 jls
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 Renresentations.
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
necessary investigations,
physical conditions of
performance of Project.
has carefully studied the site and has performed all
tests, and subsurface investigations to define the latent
the construction site affecting cost, progress, or
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 aze 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 wark 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. Counteroarts. 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.
22
Contract # 190-2010
Ledger# 404.69.95716.86000
XXI. Comnliance with House Bill 06-1343 and House Bi1107-107?
Rev. 3/28/09 jls
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 sha[I 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, 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 Conuactor 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.
23
Contract # I90-2010
Ledger # 404.69.45716.86000
Rev. 3/28/09 j Is
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 WIT'NESS WHEREOF, the parties have executed this Contract as ofthe date first set
out herein above.
CONTRACTOR
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PITKIN COUNTY, STATE OF COLORADO
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David Ulane,
Procurement Officer Date
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THE AMERICAN INSTITUTE OF ARCHITECTS
;:j'fi?U�; .
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Bond No. C0055204
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
The Landscape Workshop, Inc.
485 County Road 112
Carbondale, CO 81623
OWNER (Name and Address):
Board of County Commissioners of Pitkin County
0233 East Airport Road, Suite A
Aspen, CO 81611
SURETY (Name and Principal Place of Business):
Merchants Bonding Company (Mutual)
2100 Fleur Drive
Des Moines, IA 50321-1158
CONSTRUCTION CONTRACT
Date: October 1, 2010
Amount: $� �2�338.20 One Hundred Twelve Thousand Three Hundred Thirty Eight Dollars and 20/100
Description (Name and Location): Multi-Year Airport Landscaping and Irrigation System Installation,
Contract # 190-2010, All Work In Accordance With Exhibit "A" of the Contract
BOND
Date (Not earlier than Construction Contract Date): October 1, 2010
Amount: $56,169.10 Fifry Six Thousand One Hundred Sixty Nine Dollars and 10/100
Modifications to this Bond: ❑ None � See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
The Lanc�,cape Workshop-lnc
/
Signature: ���� �
Name and 7itle: �
(Any adc
(FOR INi
� MEMf3ER
�
9Aq���e�9 �K��tIIS
�
Merchants Bonding Company (Mutual)
Signatur��,/"/.. '+�.`�0:,�0'�<•
Name and Title:Cory R Mueller � ''�-:�.�:
::��? o- �: :
Attomey-in-Fact ' �: �: a•
:s. isaa ,
�
':N3�, .......,;�
,.
OWNER'S REPRESENTATIVE (A�chitect, Engineerorother
Pa�Y) :
N/A
S
AIA DOCUMENT A372 • PERFORMANCE BOND AND PAVMENT BOND. �ECEMBER 1984 EO . AIA �
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W , WASHINGTON, D C 20006
THIRD PRIN7ING . MARCH 1987
appear on page 3)
ONLY- Name, Address and Telephone)
�
MOODY INSURANCE AGENCY, INC.
3773 CHERRY CREEK NORTH DRIVE, SUITE 800
DENVER, COLORADO 80209•3804
PHONE: (303) 824-6600
A312-1984
n�
1�"
1 The Contractor and the Surety, �oiMly and severaily,
bind themselves, iheir heirs, executors. administrators.
successors and assig�s to lhe Uvner for the performance
of theConstrutliort Controct, which is irxorporated herein
by reference.
2 Ii the Contractor performs �he Construction Contraci,
the Surety and the Contractor shal{ have �o obligation
under thJs eond, except �o participaie in conterences as
provided in Subparagraph 3.1.
3 H �here is no Owner Detauft, the Surety's obligation
under Ifiis Bond shall arise atter:
3.1 The Owner has notificd ehe Com�actor and ihe
Surety at i�s address described in Paragnph 10 beb�v
that 1he O�vner i5 considerfng declaring a Contractor
Default and has requesled and attempted to ariange a
confereoce with the Conuactor and the Surety to be
held not later than (ifteen days atier rxeipt of such
notice to discuss methods of pe�(orming the Co�strua
�ion Contract. 1( the Owner, the Contracior and the
Surery agree, the Contractor shali be alirnved a reason-
abk time to perlorm the �onstructio� Contract, bu1
such an agreemem shalf not �+raivc the O+vner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Con[ractor De(ault and
(ormally terminated the Contrxtor's right to camplete
the contract. Such tontracror De(ault shall not be de-
dared earlier than twemy days after the Contractor and
the Surely have received notice as provided in Sub-
paragnph 3.1; and
3.3 The Owner has agreed to pay the Bala�ce of the
Contract Price to the Surety in accordance with the
terms of the Construc�ion Controcl or to a contracror
selected lo pertorm tha Constru<tion Contract in accon
dance with ihe �erms o( the conuact wilh the Owner.
4 When the Owner has satisfied the conditions ot Para-
graph 3, the Surety shall promptly and at the Sure�y s ex•
pense take one of the loltowing actions:
4A Arrange for the Contracror, with consent ot lfie
O�mer, to perform and complete the Construction
ContracC or
4.2 Undertaketoper(ormandcompletetheConst�uc-
lion Contract itself, through ils agems or through inde-
pendeM contractors; or
4.3 Ob�ain bids or negotiated proposals (rom
quali/ied tonlratton acteptabfe to the Owner tor a
contract tor pertormance and completion of the Con-
struction Contnct, arrange for a comract to be pre-
pared for execution by the Owne� and �he comrocror
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualitied surety equivalent to the bonds issucd on the
Construuion Contratl, and pay to the O�vner lhc
amount of damages as d¢scribed in Paragra�h 6 in ex•
cess ot the Batance o( the Contract Price incurred by the
Owner resuhing (rom the Conlracto� s default; or
4.4 Waive its righ� to pertorm and comptete, anange
kr completion, or obtain a new contracror and with
reasonabte promptness under the circumstances:
J A(ter investigalion, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment Iherefor lo the
Owncr; or
.2 Deny tiabiliiy in whote or in part and noti(y the
O�vner citing reasons therelor.
S If Ihe Svrety does nol proceed as provided in Pa�agraph
4 with reasonabte promptness, the Surety shaU be dcemed
to be in deEautt on this Bond li(leen days after receipt of an
addit+onal �tritten noticc from the O+rncr to the Surcry
demanding thal the Surety perform its obtigations under
this Bond, and the Owner shatl be enlitled to enforce any
remedy available to Ihe Ownca If the 5urety pruceeds as
provided tn Subparagraph 4.4, and the Owner re(uses the
payment Iendered or the Sutery has denied liability, in
whple or in part, �vithout lurther nptice Ihe O�vner shall be
enlitled to enforce any remedy availabie to Ihe O�mer.
6 AAer tRe Ow�er has terminared the Comrador's right
to compiete the Construction Contraa, and if the Sure�y
elects to act undrr Subparagraph 4.t. 4.2, or 4.3 above,
then the responsibiliiies of �he Surety lo �he Owner ahall
not be greater than those of �he Con�uctor under �he
Construction Contract, and the responsibilities of the
Owner to the Surety shalt not be grea�er Ihan �hose o( thc
Owner under lhe Construction Contrad. To the limit ot the
amount of this Bo�d, but subject to commitmenl by the
Owner ot the Balan<e of tbe Contnct Price to mitigation of
costs and damages on the Construaion Comract, the Sure-
ty is obligated without duplication ior:
6.7 T1+e responsibiGties of the Contraclor (or correa
tion of detective work and completion of the Construc-
tion Contract;
6.2 Additio�al legal, design professional and delay
costs resutting trom the Contraaor's Default, and re-
sutting (rom the actions or tailure to att of the Surety
under Paragraph 4; and
6.3 Liqutdated damages, or if no liquidated damages
are specified in the Construction Contracl, adual dam-
ages caused by delayed performance or non-per(or-
mance of the Controctor.
7 Thc Surety shal{ not be liable to the Owner or others for
obligations of the Gomraaor that are unrelated �01he Com
struction Contrac�, and the Balance o( �he CoMrac� Price
sha11 not be reduced or set o(I on account o( any such
unrelated obligations. No right ot action shall accrue on
lhis Bond to any perxon or entity other thm �he Owncr or
its heirs, executors, administrarors or successors,
8 The Surery hereby waives notice of any change. includ-
i�g thanges o( time, to the Construclion Contract or to
related subcomrac�s, purchase orders and other obliga-
tions.
9 My procceding, legal or equitable. under Ihis Bond
may be instiwted in any coun of compelem jurisdic�io� in
ihe location in N�hich the work or part oi �he.vork is tocaied
and shall be instituted within uva yean atter Contrauor
Detault or within 1wo yean aftcr the Contndor ccased
working onvilhin Hw yean after the Surery refuscs or fails
to per(orm its obligalions under this Bond, whichcvcr oc•
curs fint. I( the provisions of this Paragraph are void or
prohibited by law, the minimum period oF limitation avail-
/UA DOCUMENT A374 • PERFORMANCE BOND AND PAYMENT BOND • OECEMBER 1984 ED • AIA �
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N.W., WASHINGTON D.0 20006 A312-1984 Z
THIRD PRMTING • MARCH 1967
��
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 NoticetotheSurery,theOwneror�heContractorshali
be mailed or delivered to the address shown on the sig-
nature page.
17 When this Bond has been furnished to compiy with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The tolal amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
This bond covers year one (1) of the contract from October 1, 2010
to September 30, 2011 and does not pertain to any subsequent years.
(Space is provided below for additional signatures of added paRies, other than those appearing on the cover page.)
CONTR.4CTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
Address:
tractar of any amounts received or to be received by
the Owner in settlement of insurance oc other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behal( of the Coatractor under the Construction Con-
tract.
12.2 ConstructionContract:7heagreementbetween
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contrector Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or othenvise to comply with the terms of the
Construction Contract.
12.4 OwnerDefault:FailureoftheOwner,whichhas
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
SURETY
(Corporate Seal) Company:
Signature:
Name and Titie:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAVMENT BOND • DECEMBER 1984 ED. • AIA �
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W, WASHINGTON, D C. 20006
THIRD PRINTING � MARCH 1987
(Corporate Seal)
A312-1984 3
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Dxument A311
Bond No. C0055204
Labor and Material Payment Bond
7N15 BOND IS ISSUED SMILTANEWSLY WITM PERFORMANCE BONO !! FAVOR Oi TI�
OIM�ER CONqT10NE00N TME FULL AND FARHplL PERFORMANCE OFTHE CONTAAC7
KNOW ALL MEN BY THESE PRESENTS: that The �andscape workshop, Inc.
(Haro 6isaM1 fup nemo and address a legd title of Co�aeloh
485 County Road 112 Carbondale, CO 81623
es Principal, hereinaftercatled Principal, and, Merchants Bonding Company (Mutual)
{Hero insad fu4 nemo and addresz a legd title o( Suret�
2100 Fleur Drive, Des Moines, IA 50321-1158
as Surety, hereinaftef catled Sutety, are held arKl frrmy bound unto Board of County Commissioners of Pitkin
COUIIty (Hero inseA fi+p nemo and eddresz or legd title ofOvme�
0233 East Airport Road, Suite A Aspen, CO 81611
as Obligee, hereinafter calted Owne�, tor the use and benefit of claimanta as hereinbelow defned, in the
B�YIOUnt 0f Fifty Six Thousand One Hundred Sixty Nine Dollars and 10/100
(Mae N+sat a sum equ.� �o a kast onsnen a �ne eodrea pricel Dollara (S 56,169.10
for the paymeM vvhereof Principal and Sureiy bind themselves, their heirs, executors, administrators,
suxessors and assigr�s, jointly and severaly, firmly by these presents.
WHEREAS,
Principal has by mitten agreement dated October 1, 2010 , entered into a contract with Ownc�r
(or
�+... ti.«e ar �.�»,,ea�.u.�e au� a�
Multi-Year Airport Landscaping and Irrigation System Installation, Contract # 190-2010, All Work In Accordance
With Exhibit "A" of the Contract
in acCOrdance with Drawings and Specifications prepared by N/A
(Hero h�saH Pod nemo end eddress a le9d title of,4ehiteep
which coniract is by reference made a part hereof, and is hereinafter referred to as the Contrack �`
AU100CUMENT/L111 • PERfOfiMANGE BONO At�ID UBOR AND4UTERIAL GAYMFJ�T BONO •/W O
FEBRUARYIYIOED. • TNEAMERICAHNSTIIUTEOfARCNtECT9,1735N.Y.AVE,N.W,WASIqNf3TON,D.C.Y000e
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, 'fHE CONOITION OF THIS OBLIGATION is sueh fhat, 'rf Prineipal shall prompGy make payment to all
elaimants as hereinafter defined, (a all labw and material used a reasonably required fa use in Me perfamance of the
Canhaet, then this obligation shall be void, othervvise it ahall remain in full faee and efrec; subject, however, to tl�e following
conditions:
l. A claimant is defined as one having a direc[
wnVaet with Me Prineipal w with a SubeonUactor � Me
Prineipal (or labor, material, or both, used a reasonably
required tw use in the performance of the Conhaet, labor
and material being consbued to include that part d water,
gas, power, IighR heat, al, gasoline, tetephone service a
rental of equipmeM directly applieabte to Me ConUacL
2. The above named Prineipal and Surety hereby joinGy
and severally agree with Me W�ner that every claimant as
herein defined, who has nM been paid in full before the
expiration ot a period ot ninety (90) days atter the date on
which tlie last of such claimanCs work a labor was done or
performed, a materials were tumished by sueh elaimant,
may sue on this bond Ta tl�e use o( sueh elaimant,
ptoseeute the suit to final JudgmeM fa such sum a sums
as may be justly due elaimant, and have execution tliereon.
The oNrt�er shall not be liable fa the payment o( any eosts
a expenses of any such wit
3. No wR a aetion shall be canmeneed hereunder by
any elaimant
a) Unless claimant, oMer than one having a direct
conUaet with the Prineipal, shall have given writ0en noGce to
any two of the tollowing: the Prineipal, the Ownet, a Me
Surety above named, within ninety (90) days after such
elaimant did a perfamed the last of the worlt or laba, or
(umished the last d tl�e materials fa which said elaim is
made, staGng with substantial aeeuracy the artrount
claimed
Signed and sealed this 1 st
ATTEST:
BV:
(WlMes�l
WITNESS:
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(yy(h1Q31� y; 193J : cy:
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day of October, 2010.
The Landscape WorkshoP, Inc.
(Rincipa4
�:
(Tdle1
. Merchants Bondinp Company (Mutuall
(Suet�
(SeaQ
(Sa1�
B� `/�/ i� " _' "_ _
Cory R Muell r (T�ue1 Attorney-in-Fact
n n f ��
AU100CUMENTIWII • CERFORIMNCE BOND AND LABOR ANDMtATERUL PAVMENT BOND • AIA O
FEBRUARY 1970 ED. • THE AMERICIdi NSiIIUTE OFARpNTECT5,1735 N.Y. AVE, N.W, WASMNIiTON, D.C. Z000!
and the name of the party to whom the materials were
furnished, or tor whom the work or labor was done or
perfwmed. Sueh n�ice shall be served by mailing the
same by registered mail a eertified mail, postage prepaid,
in an emebpe addressed to the Prineipal, Ovmer a Surety,
at any place where an office is regularly maintained ta the
transadion of business, a sened in any manner in which
legal process may be served in the stata in whkh the
afaesaid projeet is bcated, save Mat sueh service need n�
be made by a public o8ieer.
b) ARer the expiraGon of one (1) year tolbwing the date on
which prineipal ceased Work on said Contract, k being
understood, lawever, that if aoy limitation embodied in this
bond is prohibited by any law conU011ing fhe canstnution
hered sueh limitation shall be deemed to be amended so
as W be equal W the minimum period of IimitaGon permitted
by such law.
c) Other Man in atate couR of eompetent jurisdicta� in
and fa the eounty a othet politieal subdivisiai d Me state
in which the Projact, or any part thereof, is sftuated, or in
the United States Distriet Court for the district in whieh the
Project, or any paR Mereof, is situated, and not elsewhere.
4. The amount of this boM shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inelusive of Me payment by Surety or
m�hanies' liens whieh may be filed � recad against said
improvement, whether or � claim for the amount of such
lien be presented under and against this bond.
2
MERCHA[vT�. N AT I O N S�
BONDING COMPANY BONDING COMPANY
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized
under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State
of Texas (herein colledively called the "Companies'), and that the Companies do hereby make, constitute and appoint:
Cory R Mueller
its true and lawful Attorney(s)-in-Fact, with tull power and authority hereby confened to sign, execute and acknowledge, at any place
within lhe United States, the following surety bond:
Surety Bond #: C0055204
Principal:The Landscape Workshop, Inc.
Obligee: Board of County Commissioners of Pitkin Counly
and to bind the Companies thereby as fully and to the same extent as if such bond undertaking was signed by the duly authorized
officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to ihe aulhoriTy herein given, are hereby ratified and
confirmed.
This Power-of•Altorney is made and executed pursuant to and by aulhority of the tollowing bylaws adopted by the Board of Diredors oi
the Merchants Bonding Company (Mulual) on November 16, 2002 and adopted by the Board ot Directors of Nations Bonding Company
on April 19, 2003.
"The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoiM Attorneys-in-Fact, and lo authorize them to execute on bahalf of the Company, and attach the Seal of lhe
Company ihereto, bonds and undertakings, recognizances, contracts of indemnity and other wrilings obiigatory in the nature
thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and deiivery of any bond, undertaking, recognizance, or other suretyship obligations
of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In Witness Whereof, lhe Companies have caused this inslrument to be signed and sealed this 26th day of February, 2009
STATE OF IOWA
COUNTY OF POLK ss.
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MERCHANTS BONDING COMPANV (MUTUAL)
NATIONS BONDING COMPANV
e y C�y��� �e�/�
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President
On this 26th day of February , 2009 before me apAeared Lar Ta or, to
me personally known, who being by me duly swom did say that fie is President of MERCHANtS BONDING CoMPANY (M�TU L) and
NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and
that the said instrument was signed and sealed in behaif of the Companies by au�hority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Officlal Seai at the City of Des Moines, lowa, ihe day and year tirst
above written.
STATE OF IOWA
COUNTY OF POLK ss.
CINDY SMYTH
�� Commission Number 173504
My Commisaion Expires
MeICh t6. 2012
�� e ��
Notary Public, Polk County, lowa
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY do hereby
certity that the above and foregoing is a true and correct copy of the POWER-OF•ATTORNEY executed by said Companies, which is
still in tull force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal ot the Company on this 1 St day of OCtObef 2010
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POA 0007 (2/Q9)
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Secretary
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