HomeMy WebLinkAboutbocc.con.032.2011 Rev. 08 -30 -11 jls
11111, COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 32.2011
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Jodi Smith PHONE #: 5396
PROJECT NAME: Aspen Ambulance Quarters Exterior Repairs CONTRACTOR: ICM Group,
LLC
DOLLAR AMOUNT: $10,000.00 LINE ITEM # 115.34.92834.82236
CONTRACT EXECUTION DATE: 10/19/2011 CONTRACT END DATE: 11/5/2011
AUTOMATIC RENEWAL: ❑ YES ® NO TERM: 30 days
❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
® None ❑ Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency /State Bid
❑ Compliance with C.R.S. 8 -17 -5 -101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement (Resolution Required)
❑ Lease ['Non-Profit
® Construction ❑ Quasi - Public (e.g. -AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other (e.g. revenue) ❑ Change Order /Contract Amendment
(GO: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing IN All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank —Note on Page ✓® All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable)
✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (f applicable)
✓ ® All Dates Filled In ✓❑ Warranty (if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Jodi Smith
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract # 32.2011 Rev. 8.30.11 jaa/js
Budget Line Item #115.34.92834.82236 9/28/11 js
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FACILITIES MANAGEMENT
PITKIN COUNTY CONSTRUCTION CONTRACT
Aspen Ambulance Quarters Exterior Repairs
THIS CONTRACT, made this 20th day of October , 2011 by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafter called the "County ") and ICM
Group, LLC PO Box 3433, Basalt, Colorado 81621 (970) 927 -7699 (hereinafter called the
"Contractor ") to perform the following work Aspen Ambulance Quarters Exterior Repairs
( "Project ").
I. Term of Contract. The term of this contract is from October 20, 2011 to November 5, 2011.
II. Scope of Work and Work Schedule.
A. Ambi Quarters Exterior Repairs: replace rotten wood trim, re -caulk and repaint entire
building exterior, repair weather stripping on the overhead doors and refinish the
main entry door. . EXHIBIT A, Proposal dated 10/7/2011. NOTE: Project excludes
painting the bollards and light fixtures.
B. All work performed under this Contract shall be done according to the following
work schedule:
As scheduled by Facilities Manager, or designee and contractor.
III. Payment. The County agrees to pay, and the Contractor agrees to accept, in full payment for
the performance of this Contract, the total price of Ten Thousand Dollars and Zero Cents ($10,000) in
accordance with this Contract, subject to increase or decrease in accordance with the provisions of this
Contract; but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
A. Payment Procedures.
1. Contractor shall submit applications for payment every 30 days 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.
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b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (90 %) of the calculated value
of any Project work completed, less the aggregate of payments previously made until
fifty percent (50 %) of the Project work required by this Contract has been performed.
Thereafter, County shall pay all remaining progress payments and maintain only
existing retainage if, in the opinion of the Procurement Officer and County,
satisfactory progress is being made on the Project. If, in the opinion of the
Procurement Officer and County, satisfactory progress is not being made on the
Project, or if claims 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 incurred by County in
defending or handling such claims. The withheld percentage of the Contract Price
shall be retained until the Project is completed satisfactorily and finally accepted by
County in accordance with the provisions of this Contract. Progress payments shall
not constitute final acceptance of the Project.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38 -26 -107, C.R.S. and Section 24 -91 -103, C.R.S., as
amended.
N. Contractor's Obligations.
A. Supervision and Superintendence.
1. The Contractor shall supervise and direct the Project competently and
efficiently devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Project in accordance with this Contract. The Contractor shall be
solely responsible for the means, methods, techniques, sequences and procedures of
construction. The Contractor shall be responsible to see that the finished Project complies
accurately with this Contract.
2. The Contractor shall appoint and identify to the County and Procurement
Officer, a competent on -site superintendent to be kept on the Project at all times during its
progress and who shall not be replaced without written notice to the County and the
Procurement Officer except under extraordinary circumstances. The superintendent will be
the Contractor's representative at the site and shall have authority to act on behalf of the
Contractor. All communications given to the superintendent shall be as binding as if given to
the Contractor.
B. Subcontractors, Suppliers and Others.
1. The Contractor shall not employ any subcontractor, supplier or other person or
organization (including those acceptable to the County and the Procurement Officer, whether
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initially or as a substitute) against whom the County or the Procurement Officer may have
reasonable objection.
2. The identity of subcontractors, suppliers or other persons or organizations
including those who are to furnish the principal items of materials and equipment must be
submitted to the County in advance of any work performed or materials supplied under this
Contract for acceptance by the County and the Procurement Officer. No acceptance by the
County or the Procurement Officer of any such subcontractor, supplier or other person or
organization shall constitute a waiver of any right of the County or the Procurement Officer
to reject defective Project work.
3. The Contractor shall be fully responsible to the County and the Procurement
Officer for all acts and omissions of the subcontractors, suppliers and other persons and
organizations performing or furnishing any of the Project work under a direct or indirect
Contract with Contractor just as Contractor is responsible for Contractor's own acts and
omissions. Nothing in this Contract shall create any Contractual relationship between the
County or the Procurement Officer and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or the Procurement
Officer to pay or to see to the payment of any moneys due any such subcontractor, supplier
or other person or organization except as may otherwise be required by laws and regulations.
4. All Project work performed for Contractor by a subcontractor will be pursuant
to an appropriate Contract between the Contractor and the subcontractor which specifically
binds the subcontractor to the applicable terms and conditions of this Contract for the benefit
of the County and the Procurement Officer.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and
assume all costs incident to their use in the performance of the Project or the incorporation in the
Project of any invention, design, process, product or device which is the subject of patent rights or
copyrights held by others. Contractor shall indemnify and hold harmless the County and the
Procurement Officer and anyone directly or indirectly employed by either of them from and against
all claims, damages, losses and expenses (including 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 all governmental
charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all
charges of utilities for connections to the Project, and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and
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performance of the Project including rules, regulations, and ordinances the County promulgates at
any time, Except where otherwise expressly required by applicable laws and regulations, neither the
County nor the Procurement Officer shall be responsible for monitoring the Contractor's compliance
with any Laws or Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may
not apply to materials purchased by the County. The Contract price shall include all other federal,
state, and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost
of compliance with all other Federal Laws and Regulations at no additional cost to the County
(except as provided in this Contract). The Contractor shall not be reimbursed separately for any
taxes, which may apply except as provided in this Contract, and the Contractor 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.
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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.
Unless this Contract specifically provides for the closing to traffic of any local road or
highway while construction is in progress, such road or highway shall be kept open to all
traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition
temporary approaches, crossings, or intersections with roads and highways. The Contractor
shall bear all expense of maintaining traffic over the section of road affected by the Project to
be done under this Contract, and of constructing and maintaining such approaches, crossing,
intersections and any necessary features without direct compensation, except as otherwise
provided.
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The Contractor shall provide, erect and maintain all necessary barricades, signs,
danger signals and lights to protect the Project and the safety of the public. The Contractor's
responsibility for necessary barricades, signs, and lights shall not cease until the Project has
been accepted.
I. Shop Drawings and Samples.
1. After checking and verifying all field measurements and after complying with
applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer for review and approval in accordance with the approved schedule of
shop drawing submissions, three (3) copies (unless otherwise specified) of all shop drawings,
which will bear a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review of the submission.
All submissions will be identified as the Procurement Officer may require. The data shown
on the shop drawings will be complete with respect to quantities, dimensions, specified
performance and design criteria, materials and similar data to enable the Procurement Officer
to review the information as required.
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.
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A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over $50,000, as required by C.R.S. § 38 -26 -105, et seq.
All Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of
paragraph A of this Section, Contractor shall within five (5) days thereafter substitute another Bond
and Surety, both of which must be acceptable to the County.
VI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits
and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims
of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or
on account of any act, claim or amount arising or recovered under workers' compensation law or arising
out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract,
the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers for losses arising from the work performed by the Contractor for the County.
B. 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. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
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coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration,
or types.
A. Coverage and Limits of Insurance:
Contractor shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum liability requirements
provided that the coverage is written on a "following form" basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act., AND when such
contractor or subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability — ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products /Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed under
contract)
• Independent Contractors
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• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured— Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured— Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language on
the Additional Insured Endorsements specified above: "County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional insured with
respect to liability and defense of suits arising out of the activities performed by, or on
behalf of the Contractor, including completed operations ".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and non -
owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
❑ (1) Performance Bond $ 0
❑ Labor and Material $ 0
❑ Payment Bond $ 0
❑ (2) Professional Errors and Omissions
❑ (3) Aircraft Liability
❑ (4) Owner's Protective
0(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. Each insurance policy required by the insurance provisions of this Contract
shall provide the required coverage and shall not be suspended, voided or canceled except
after thirty (30) days prior written notice has been given to the County, except when
cancellation is for non - payment of premium, then ten (10) days prior notice may be given.
Such notice shall be sent directly to (County Representative's Name & Address). If the
insurance carrier will not provide the required notice, the Consultant/Contractor and or its
insurance broker shall notify the County of any cancellation, or reduction in coverage or
limits of any insurance within seven (7) days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement
Officer a certified statement as to claims pending against the required coverages, reserves
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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 contractor's insurance shall be primary and non - contributory with
any insurance or self-insurance purchased by the County.
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 or self - insured retentions 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.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
VIII. Exemptions and Preferences.
A. All purchases of construction or building or any other materials for any Contract shall
not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is
exempt from such taxes under registration numbers 98 -02624 and 84- 78000 -5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent (80 %) of each type or
class of labor employed on such project; except for highway construction, which is subject to C.R.S.
§ 43 -2 -208, which provides that all laborers shall be bona fide residents of Colorado with a
preference to residents of the County where the Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage all land and property,
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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
1. The County shall not be responsible for the cost of and the removal or clean
up of Hazardous Materials found in any materials brought to the Project site, after the Project
site is turned over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a written
certification each time materials or equipment is brought onto the Project site that such
materials or equipment do not contain Hazardous Materials.
X. County Work at the Project Site.
A. The County may perform other work related to the Project at the site by the County's
own forces, have other work performed by utility owners or let other direct contracts therefor which
shall contain terms similar to these. The Contractor shall perform and coordinate its activities with
other contractors to avoid conflict and minimize disruptions.
B The Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or the County if the County is performing the additional work with the
County's employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work, and shall
properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting and
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patching of the Project that may be required to make its several parts come together properly and
integrate with such other work. The Contractor shall not endanger any work of others by cutting,
excavating or otherwise altering their work and will only cut or alter their work with the written
consent of Procurement Officer and the others whose work will be affected. The duties and
responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other
contractors to the extent that there are comparable provisions for the benefit of the Contractor in said
direct contracts between the County and such utility owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or results upon
the work of any such other contractor or utility owner (or the County), the Contractor shall inspect
and promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results. The Contractor's
failure to report such conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non - apparent defects and deficiencies in
the other work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposal and
adjusted schedule of work. The Contractor shall submit a priced proposal for performing the
proposed change in the Project within five (5) days of notice or such other time acceptable to
both parties. When the Contractor and the County reach agreement on the adjustments to the
Contract price and/or Contract time, and changes in the Project, such adjustments shall be
promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Procurement Officer in a letter or written notice with the reference notation "Contractor Change
Request ". If the Contractor: (i) receives any oral or written instructions, directives or interpretations
of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it
believes are design errors or omissions in the Contract Drawings or Specifications, or (iii)
encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v)
becomes aware of any other matter or circumstance which it believes would require a change in the
Contract Price or Contract Time, the Contractor shall give the Procurement Officer prompt written
notice of such matters.
1. All Contractor change requests shall be dated, numbered sequentially, and
shall describe the action or event which the Contractor believes may require an extension in
time, price or other modification. The Contractor shall also provide descriptions of possible
Contractor actions or solutions to minimize the cost of the Contractor change request and,
provide an estimate of the adjustment in the Contract price and/or Contract time, which it
believes is appropriate.
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2. Contractor Time Requirements.
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this Contract, a
Contractor change request shall be submitted before the Contractor acts on them, but
in no event more than ten (10) consecutive calendar days after they were received or
discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed, but in no event more
than ten (10) consecutive calendar days after the conditions are first discovered.
c. With respect to delays, a Contractor change request shall be submitted
as soon as the Contractor has knowledge of the delay, but in no event more than ten
(10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor change request shall
be submitted as soon as the Contractor has knowledge of the matter or circumstance,
but in no event more than ten (10) consecutive calendar_days after the Contractor
becomes aware of such circumstance or matter.
3. Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change request within
the time required above, any action by the Contractor related to such order, direction,
instruction, interpretation, determination, design error or omission, or other matter,
including delays or differing site conditions, will not be considered by the County as
a change to the Project and the Contractor waives any claim for an adjustment on the
Contract price or the Contract time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Procurement Officer with a complete and itemized proposal of
Contract price and time adjustments. The proposal shall also contain a detailed
explanation, citing all applicable provisions in this Contract, which supports the
Contractor change request. If the Contractor does not submit its itemized proposal
within the time described above or within such extension, which the Procurement
Officer, in his /her discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or event
described in the Contract change request.
c. If a Contractor change request is denied by the Procurement Officer, in
whole or in part, any claim for an increase in the Contract price or Contract time
arising out of the act or event described in the Contractor change request is waived
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unless the Contractor timely complied with the provisions of paragraphs 2(a -d) of this
Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work.
A. Warranty.
1. The Contractor warrants and guarantees to the County that all Project work,
whether supplied, furnished, installed, provided, or performed by Contractor, a subcontractor, or
supplier, will be in accordance with this Contract and will not be 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 1 year from date of Final Payment. Landscaping replacement shall
be warranted for two (2) growing seasons.
2. With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Project work performed and materials furnished under the
Contract, the Contractor shall:
a. Obtain all warranties that would be given in normal commercial practice.
To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty
exceeds the minimum County requirements as set forth in this Section or elsewhere in
this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall
apply.
b. Require all warranties to be executed, in writing, for the benefit of the
County, if directed by the Procurement Officer; or
c. Enforce all warranties for the benefit of the County, if directed by the
Procurement Officer.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
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B. Access to Project. The Procurement Officer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and governmental agencies with
jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and
testing. Contractor shall provide proper and safe conditions for such access.
C. Tests and Inspections.
1. The Contractor shall cooperate with material testing persons and firms, and for
required inspections, and compliance and approval tests for the work performed by the
Contractor or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or order of any public body
having jurisdiction requires any Project work (or part thereof) to specifically be inspected, tested
or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection
therewith and furnish the Procurement Officer the required certificates of inspection, testing or
approval. The Contractor shall also be responsible for and shall pay all costs in connection with
any inspection or re- testing required in connection with the County's or the Procurement
Officer's acceptance of a supplier of materials or equipment proposed to be incorporated in the
Project, or of materials or equipment submitted for approval prior to the Contractor's purchase
thereof for incorporation in the Project. The cost of all inspections, testing, re- testing and
approvals in addition to the above which are required by this Contract shall be paid by the
Contractor (unless otherwise specified). The County will conduct and pay for the conformance
tests on materials installed in- place, and the Contractor shall pay for re- testing of all failing and
non - conforming materials thereafter.
3. All inspections, tests or approvals other than those required by laws, ordinances,
rule, regulations, code, or order of any public body having jurisdiction shall be performed by
organizations acceptable to the Procurement Officer.
4. If any Project work (including the work of others) that is to be inspected, tested
or approved is covered without written concurrence of the Procurement Officer, it must be
uncovered for observation. Such uncovering and testing when required by the Procurement
Officer shall be at the Contractor's expense.
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.
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E. Correction Period. If within two (2) years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Project work is found to be defective, the Contractor shall promptly without cost to County and in
accordance with County's written instructions, either correct such defective Project work, or, if it has
been rejected by County, remove it from the site and replace it with non - defective Project work. If the
Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such
instructions, or in an emergency where delay would cause serious risk of loss or damage, the County
may have the defective Project work corrected or the rejected Project work removed and replaced, and
all direct, indirect and consequential costs of such removal and replacement (including but not limited to
fees and charges of engineers, architects, attorneys and other professionals) will be paid by the
Contractor. Contractor shall also pay for any damage to other Project work, other property, or person,
which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Procurement Officer or the County to proceed to
correct and to correct defective Project work or to remove and replace rejected Project work as required
by the Procurement Officer or the County in accordance with paragraph D of this Section, or if the
Contractor fails to perform the Project work in accordance with the Contract Documents, or if the
Contractor fails to comply with any other provision of the Contract Documents, the County may, after
seven (7) days' written notice to the Contractor, correct and remedy any such deficiency. hi 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 of work of others destroyed or damaged by correction, removal or
replacement of the Contractor's defective Project work. The Contractor shall not be allowed an
extension of the Contract time because of any delay in performance of the Project work attributable to
the exercise by the County of the County's rights and remedies hereunder.
XIII. Liquidated Damages. It is the County's intent to complete this project no later than
November 3, 2011. Liquidated damages of $25.00 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
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specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be
prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the
time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County,
that the time(s) for completion of the Project described herein are reasonable time(s) for the completion
of the Project, taking into consideration the average climatic conditions prevailing in the locality of the
Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in
completing the Project, and that the Project Work Schedule and all dates set forth therein and where in
this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by
such extension shall be of the essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time extensions granted
by the County, the County will suffer damage, the extent of which will be impractical and extremely
difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is
hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in
the Contract. This particular provision shall not be construed as a penalty upon said Contractor for
failing fully to complete said Project as agreed in the Proposal and this Contract nor is it intended, but as
Liquidated Damages to compensate the County for all costs incurred as a result of such breach of
Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays ", as contained in paragraph E of this Section, the Contractor expressly agrees to pay
the County as a reasonable estimate of just compensation for damages contemplated with the clause, the
amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in
the construction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party
shall give notice and full particulars of such Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving
such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of
the liability then claimed, but for no longer period, and any such party shall remove or overcome such
inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of
God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the
Government of the United States or the State of Colorado or any 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
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opposing party or parties when such settlement is unfavorable to it in the judgment of the party having
the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and
are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in
equity, by statute, or under Contract.
XIV. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or more of the
following events:
1. If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor
takes any equivalent or similar action by filing a petition or otherwise under any other federal or
state law in effect at such time relating to the bankruptcy or insolvency;
2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code
as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such
equivalent or similar relief against Contractor under any other federal or state law in effect at the
time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian or agent of Contractor is appointed under
applicable law or under Contract, whose appointment or authority to take charge of property of
Contractor is for the purpose of enforcing a Lien against such property or for the purpose of
general administration of such property for the benefit of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in accordance with this
Contract including but not limited to, failure to supply sufficient skilled workers or suitable
materials or equipment or failure to adhere to the work schedule established in this Contract;
6. If the Contractor disregards laws, ordinances, rules, regulations, or orders of any
public body having jurisdiction;
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten (10)
days before the effective date of such termination. In such event all finished or unfinished
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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liability to the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor.
XV. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W -9
Taxpayer Identification Number Request.
XVI. Computation of Time.
A. When any period of time is referred to in this Contract by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a legal holiday, such day will be omitted from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricing Data.
A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive
Changes, Field Orders and written interpretations and clarifications in good order and annotated and
updated weekly to show all changes made during construction. These record documents together
with all approved samples will be available to the Procurement Officer for reference. 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
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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 permit the
authorized representatives of the County to similarly inspect and audit all data and records of said
subcontractors relating to the performance of said subcontractors under this Contract for the same time
period.
C. If this Contract is completely or partially terminated, the records relating to the Project
terminated shall be made available for three (3) years after any resulting final termination payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising under or
relating to the performance of this Contract shall be made available until disposition of such appeals,
litigation, or claims.
XVIII. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by the
County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
C. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term,
section, or other provision shall not affect any of the remaining provisions of this Contract, and to
this end, each term, section and provision of this Contract shall be severable.
D. Integration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations, representations,
or Contract, either written or oral. This Contract may be amended only by written Contract signed by
both the County and the Contractor.
E. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
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.
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G. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, 24 -10 -101, et seq., C.R.S., as
from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or
employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
H. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject
to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services
set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in
any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
I. Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (1) hand delivery to the person at the address below or (2) by certified first
class mail, postage prepaid, return receipt requested addressed as follows:
A. Pitkin County with copies to:
Jodi Smith, Facilities Manager Pitkin County Attorney's Office
485 Rio Grande P1 #101 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax (970) 920 -5285 Fax: (970) 920 -5198
B. To Contractor:
ICM Group, LLC
PO Box 3433
Basalt, Colorado 81621
Fax (970) 927 -6999
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,
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ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations, tests, and subsurface investigations to define the latent physical conditions of
the construction site affecting cost, progress, or performance of Project.
3. Contractor has made or caused to be made examinations, investigations, and
tests and studies of such reports and related data as it deems necessary for the performance of
Project at the Contract price, within the Contract time, and in accordance with the other terms
and conditions of this Contract; and no additional examinations, investigations, tests, reports,
or similar data are or will be required by Contractor for such purposes.
4. Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of this Contract.
5. Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the written resolution
thereof by Procurement Officer is acceptable to Contractor.
6. By executing this Contract, the Contractor represents that it has visited the
site, familiarized itself with the local conditions under which the Project work is to be
performed (including weather conditions which can be expected), and correlated its
observations with the requirements of this Contract.
7. The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this Contract and that it
has full and complete authority to enter into this Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
constitute an original, but all of which shall constitute one and the same document.
XXI. Illegal Aliens — Public Contracts for Services. In conformance with the provisions of C.R.S.
§ 8- 17.5 -101 and 102, as amended;
A. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the public contract for services.
B. Contractor shall not 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 the public contract for services.
C. Contractor has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services through participation in
either the E- Verify Program or the Department Program.
22
Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
970 - 9 - 539 6 , 970-920 -5285 Fax or email: jodis @co.pitkin.co.us
Contract # 32.2011 Rev. 8.30.11 jaa/js
Budget Line Item #115.34.92834.82236 9/28/11 js
D. Contractor shall use either the E -Verify Program or the Department Program
procedures to undertake pre - employment screening of job applicants while the public contract for
services is being performed.
E. Should Contractor obtain actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal alien,
Contractor shall be required to:
1. 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;
2. Terminate the subcontract with the subcontractor if within three
days of receiving the required notice the subcontractor does not stop employing or
contracting with the illegal alien; except that the contractor shall not terminate the
contract with the subcontractor if the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien;
F. Contractor shall comply with any reasonable request by the department made in the
course of an investigation that the department is undertaking pursuant to C.R.S. 8- 17.5- 102(5).
ADDENDUM
Project scope excludes the following: Painting the bollards and light fixtures.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
CO ► ' ' • OR
IC 1 o i LL
B b k . (, tie /6 $ /1
Jag "reeler, Principal Date
PI 41 N COUNTY, STATE OF COLORADO
RE OMMENDED FOR APPROVAL:
.....sesi...c......
1,b(1cil Li
Jodi Smith, Facilities Manager Date
NA NA
John Ely, County Attorney Date Kris Jewkes, Risk Management Date
23
Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
97 - 9 2 o - 539 6 , 97o-92o -5285 Fax or email: jodis @co.pitkin.co.us
Contract # 32.2011 Rev. 8.30.11 jaa/js
Budget Line Item #115.34.92834.82236 9/28/11 js
EXHIBIT A
Alibx
Croup, LLC
Construction & wotces
Canseuction Management Germ* Coneactota
To: Jodi Smith October 7, 2011
Facilities Manager
Pitkin County
Aspen CO 81611
From: ICM Group LLC
PO Box 3433
Basalt CO 81621
Re: Aspen Ambulance repaint and repairs.
bear Jodi Smith,
Thank you for the opportunity to provide services for you at the Aspen Ambulance Headquarters.
Upon walking the building with you it is my understanding that we will wash, repair, re -caulk and
repaint the entire building the sane color scheme. The only new colors that we will apply will be
the yellow at the bollards and the black at the lights and letters. We will repair the weather stripping
on the overhead doors and refinish the main entry door.
Paint labor and materials: $ 9230.00
Carpentry 16 hours at $48.00: $ 768.00
Electrical allowance for removing the service while we redo the wood behinds it: $500.00
Once again thank you and if you have any questions or we can provide any additional service please
feel free to call.
Best Regards.
ICM Group LLC,
Mr. Jack Wheeler, Manager
24
Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
97o - 9 2 o - 539 6 , 97o - 9 2 o - 5 28 5 Fax or email: jodis @co.pitkin.co.us