HomeMy WebLinkAboutbocc.con.140.2011 Rev. 08 -29 -11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 140.2011
ORIGINATING DEPARTMENT: Facilities Management
PROCUREMENT OFFICER: Jodi Smith PHONE #: x5396
PROJECT NAME: Library Safety Improvements; Stone Cap Replacement CONTRACTOR: ICM
Group LLC
DOLLAR AMOUNT: $30,000 LINE ITEM # 166.63.92863.82803
CONTRACT EXECUTION DATE: 8/29/11 CONTRACT END DATE: 11/15/11
AUTOMATIC RENEWAL: ❑ YES x NO / TERM: 30 Days
❑ BOCC AGENDA ITEM (Grants, IGA) IBC 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 nformal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency /State Bid
❑ Compliance with C.R.S. 8 -17 -5 -101, 102 as amended (Immigration Form) ❑ Letter of Engagement
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement (Resolution Required)
se ❑ Non - Profit
onstruction ❑ Quasi - Public (e.g. -AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other (e.g. revenue) ❑ Change Order /Contract Amendment
(C /O: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed for the following:
✓ to Pages Missing % Other Blanks Filled In
✓ r Page Left Intentionally Blank —Note on Page ✓ All Exhibits Attached
✓ [Page numbered consecutively ✓❑ AJ1 Legal Descriptions attached (f applicable)
✓ EAll Original Signatures Affixed ✓ otice 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:
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.
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C
FACILITIES MANAGEMENT
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made this 1st day of September, 2011, by and between the
Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the
"County ") and ICM Group, LLC (hereinafter called the "Contractor ") to perform the
following work: Library Safety Improvements; Stone Cap Replacement ( "Project ").
I. Term of Contract. The term of this contract is from September 1, 2011 to
November 15, 2011.
II. Scope of Work and Work Schedule. EXHIBIT A dated August 11, 2011
A. Option B: Remove and discard cornice pieces at entry and north gable (39 pieces
at 250.00 each) and replace with a three inch wider stone that will deflect water
off the walls below and also shed water well off the top. We will not bevel the
bottom of the pieces and will add a cut kerf to prevent moisture from wicking
back under the caps. Replace three broken corner pieces below. Re -point mortar
in damaged areas below. Architecturally correct. We would present shop
drawings of pieces for your approval. We have specified Colorado Buff Flagstone
a sample will be presented for color approval. The honed tops will help to prevent
flaking from the weather. This is not required but may add to the life of the stone.
B. Option. B cost: New cost for Option B $19,380.00 add: honed tops $3,680.00, add:
Sawn. Kerf $600.00, add: removal of sheet metal cap and stone over technical
services doors in alleyway and replace with same materials as option B $TBD but
not to exceed a total project cost of $30,000, this includes all materials, labor,
lifts, permit fees and other costs to complete the project.
C. All work performed under this Contract shall be done according to the following
work schedule: As determined between Contractor and County Facilities
Manager. Coordination for folk entrance and alley closures must be scheduled in
advance and may require City Approval.
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 not to exceed Thirty
Thousand Dollars and Zero Cents ($30,000) in accordance with this Contract, subject
to increase or decrease in accordance with the provisions of this Contract; but any
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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.
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.
IV. Contractor's Obligations.
A. Supervision and Superintendence.
1. The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction. The Contractor shall be
responsible to see that the finished Project complies accurately with this Contract.
2. The Contractor shall appoint and identify to the County and
Procurement Officer, a competent on -site superintendent to be kept on the Project
at all times during its progress and who shall not be replaced without written
notice to the County and the Procurement Officer except under extraordinary
circumstances. The superintendent will be the Contractor's representative at the
site and shall have authority to act on behalf of the Contractor. All
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communications given to the superintendent shall be as binding as if given to the
Contractor.
B. Subcontractors, Suppliers and Others.
1. The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and the
Procurement Officer, whether initially or as a substitute) against whom the
County or the Procurement Officer may have reasonable objection.
2. The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of materials
and equipment must be submitted to the County in advance of any work
performed or materials supplied under this Contract for acceptance by the County
and the Procurement Officer. No acceptance by the County or the Procurement
Officer of any such subcontractor, supplier or other person or organization shall
constitute a waiver of any right of the County or the Procurement Officer to reject
defective Project work.
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
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Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall
pay all governmental charges and inspection fees necessary for the prosecution of the
Project. The Contractor shall pay all charges of utilities for connections to the Project,
and the County shall pay all charges of such utility owners for capital costs related
thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall
comply with all federal, state, and local laws, ordinances, rules, and regulations
applicable to furnishing and performance of the Project including rules, regulations, and
ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations, neither the County nor the Procurement
Officer shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal,
state and local sales, consumer, use and other similar taxes whether direct or indirect.
Federal excise tax may not apply to materials purchased by the County. The Contract
price shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in this
Contract). The Contractor shall not be reimbursed separately for any taxes, which may
apply except as provided in this Contract, and the Contractor 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.
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2. During the progress of the Project, the Contractor shall keep the
premises free from accumulations of waste materials, rubbish and other debris
resulting from the Project. At the completion of the Project, the Contractor shall
remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery, temporary
structures, stumps or portions of trees, and surplus materials, and shall leave the
site clean and ready for occupancy by the County. The Contractor shall restore to
original condition all property not designated for alteration by this Contract.
3. The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the Contractor
subject any part of the Project or adjacent property to stresses or pressures that
will endanger it.
H. Safety and Protection.
1. The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in connection
with the Project. The Contractor shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated
therein, whether in storage on or off the site; and
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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Unless this Contract specifically provides for the closing to traffic of any
local road or highway while construction is in progress, such road or highway
shall be kept open to all traffic by the Contractor. The Contractor shall also
provide and maintain in a safe condition temporary approaches, crossings, or
intersections with roads and highways. The Contractor shall bear all expense of
maintaining traffic over the section of road affected by the Project to be done
under this Contract, and of constructing and maintaining such approaches,
crossing, intersections and any necessary features without direct compensation,
except as otherwise provided.
The Contractor shall provide, erect and maintain all necessary barricades,
signs, danger signals and lights to protect the Project and the safety of the public.
The Contractor's responsibility for necessary barricades, signs, and lights shall
not cease until the Project has been accepted.
I. Shop Drawings and Samples.
1. After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the Contractor
shall submit to the Procurement Officer for review and approval in accordance
with the approved schedule of shop drawing submissions, three (3) copies (unless
otherwise specified) of all shop drawings, which will bear a stamp or specific
written indication that the Contractor has satisfied the Contractor's responsibilities
under this Contract with respect to the review of the submission. All submissions
will be identified as the Procurement Officer may require. The data shown on the
shop drawings will be complete with respect to quantities, dimensions, specified
performance and design criteria, materials and similar data to enable the
Procurement Officer to review the information as required.
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
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addition, shall cause a specific notation to be made on each shop drawing
submitted to the Procurement Officer for review and approval of each such
variation.
5. Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Procurement Officer's
review and approval of the shop drawing or samples.
6. The cost of furnishing all shop drawings and samples shall be
borne by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of
one half of the total Contract value for all Contracts over $50,000, as required by C.R.S.
§ 38 -26 -101, et seq. All Bonds shall be in the form acceptable to the County. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or
becomes insolvent or its right to do business is terminated in any state or it ceases to meet
the requirements of paragraph A of this Section, Contractor shall within five (5) days
thereafter substitute another Bond and Surety, both of which must be acceptable to the
County.
VI. Indemnity.
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.
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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 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
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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
• 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 ".
Automobile Liability
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 $
Labor and Material $
Payment Bond $
❑ (2) Professional Errors and Omissions
❑ (3) Aircraft Liability
❑ (4) Owner's Protective
❑ (5) Builder's Risk
❑ (6) Boiler and Machinery
❑ (7) Loss of Use Insurance
❑ (8) Pollution Liability
❑ (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
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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 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
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(80 %) of each type or class of labor employed on such project; except for highway
construction, which is subject to C.R.S. 43 -2 -208, which provides that all laborers shall
be bona fide residents of Colorado with a preference to residents of the County where the
Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all
public and private property and shall carefully protect from disturbance or
damage all land and property, as well as any monuments and property marks until
the Procurement Officer has witnessed or otherwise referenced their location and
shall not remove them until directed.
2. The Contractor shall be responsible for all damage or injury to
property of any character, during the prosecution of the Project, resulting from
any act, omission, neglect, or misconduct in its manner or method of executing
the Project, or at any time due to defective Project work or materials, and said
responsibility shall not be released until the project shall have been completed and
accepted.
3. When or where any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission, neglect, or
misconduct by the Contractor in the execution of the Project, or in consequence of
the non - execution thereof by the Contractor, it shall restore, at its own expense,
such property to a condition similar or equal to that existing before such damage
or injury was done, by repairing, rebuilding, or otherwise restoring as may be
directed, or it shall make good such damage or injury in an acceptable manner.
4. Materials storage, equipment parking, vehicle parking and stockpiling
excavated materials shall be allowed only in those areas designated by the
Procurement Officer.
5. If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Procurement Officer at the
Contractor's expense.
B. Hazardous Materials
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.
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X. County Work at the Project Site.
A. The County may perform other work related to the Project at the site by
the County's own forces, have other work performed by utility owners or let other direct
contracts therefor which shall contain terms similar to these. The Contractor shall
perform and coordinate its activities with other contractors to avoid conflict and minimize
disruptions.
B The Contractor shall afford each utility owner and other contractor who is
a party to such a direct contract (or the County if the County is performing the additional
work with the County's employees) proper and safe access to the site and a reasonable
opportunity for the introduction and storage of materials and equipment and the execution
of such work, and shall properly connect and coordinate the work with theirs. The
Contractor shall do all cutting, fitting and patching of the Project that may be required to
make its several parts come together properly and integrate with such other work. The
Contractor shall not endanger any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work with the written consent of
Procurement Officer and the others whose work will be affected. The duties and
responsibilities of Contractor under this paragraph are for the benefit of such utility
owners and other contractors to the extent that there are comparable provisions for the
benefit of the Contractor in said direct contracts between the County and such utility
owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or
results upon the work of any such other contractor or utility owner (or the County), the
Contractor shall inspect and promptly report to the Procurement Officer in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable for
such proper execution and results. The Contractor's failure to report such conditions will
constitute an acceptance of the other work as fit and proper for integration with the
Contractor's Project except for latent or non - apparent defects and deficiencies in the other
work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time, request changes in the scope of
services of the Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the
Contractor of a planned change in the Project and requesting the Contractor's
detailed price proposal and adjusted schedule of work. The Contractor shall
submit a priced proposal for performing the proposed change in the Project within
five (5) days of notice or such other time acceptable to both parties. When the
Contractor and the County reach agreement on the 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.
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B. All Contractor initiated change requests shall be submitted to the County
and the Procurement Officer in a letter or written notice with the reference notation
"Contractor Change Request ". If the Contractor: (i) receives any oral or written
instructions, directives or interpretations of Contract Documents, or determinations from
the Procurement Officer or, (ii) identifies what it believes are design errors or omissions
in the Contract Drawings or Specifications, or (iii) encounters a differing site condition;
or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of any other
matter or circumstance which it believes would require a change in the Contract Price or
Contract Time, the Contractor shall give the Procurement Officer prompt written notice
of such matters.
1. All Contractor change requests shall be dated, numbered
sequentially, and shall describe the action or event which the Contractor believes
may require an extension in time, price or other modification. The Contractor
shall also provide descriptions of possible Contractor actions or solutions to
minimize the cost of the Contractor change request and, provide an estimate of the
adjustment in the Contract price and/or Contract time, which it believes is
appropriate.
2. Contractor Time Requirements.
a. With respect to orders, instructions, directives,
interpretations, determinations, or the discovery of any errors or omissions
in this Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10) consecutive
calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor
change request shall be submitted before the conditions are disturbed, but
in no event more than ten (10) consecutive calendar days after the
conditions are first discovered.
c. With respect to delays, a Contractor change request shall be •
submitted as soon as the Contractor has knowledge of the delay, but in no
event more than ten (10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the
Contractor believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than ten
(10) consecutive calendar days after the Contractor becomes aware of such
circumstance or matter.
3. Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change
request within the time required above, any action by the Contractor
related to such order, direction, instruction, interpretation, determination,
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design error or omission, or other matter, including delays or differing site
conditions, will not be considered by the County as a change to the Project
and the Contractor waives any claim for an adjustment on the Contract
price or the Contract time.
b. The Contractor shall, at the time a Contractor change
request is submitted provide the Procurement Officer with a complete and
itemized proposal of Contract price and time adjustments. The proposal
shall also contain a detailed explanation, citing all applicable provisions in
this Contract, which supports the Contractor change request. If the
Contractor does not submit its itemized proposal within the time described
above or within such extension, which the Procurement Officer, in his/her
discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or
event described in the Contract change request.
c. If a Contractor change request is denied by the
Procurement Officer, in whole or in part, any claim for an increase in the
Contract price or Contract time arising out of the act or event described in
the Contractor change request is waived unless the Contractor timely
complied with the provisions of paragraphs 2(a -d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance
of Defective Project Work.
A. Warranty.
1. The Contractor warrants and guarantees to the County that all Project
work, whether supplied, furnished, installed, provided, or performed by Contractor,
a subcontractor, or supplier, will be in accordance with this Contract and will not be
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.
� IIII
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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.
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.
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3. All inspections, tests or approvais 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.
E. Correction Period. If within two (2) years after the date of Final Payment
or such longer period of time as may be prescribed by laws or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of the
Contract Documents, any Project work is found to be defective, the Contractor shall
promptly without cost to County and in accordance with County's written instructions, either
correct such defective Project work, or, if it has been rejected by County, remove it from the
site and replace it with non - defective Project work. If the Contractor does not promptly
(within seven (7) days from receipt) comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, the County may have
the defective Project work corrected or the rejected Project work removed and replaced, and
all direct, indirect and consequential costs of such removal and replacement (including but
not limited to fees and charges of engineers, architects, attorneys and other professionals)
will be paid by the Contractor. Contractor shall also pay for any damage to other Project
work, other property, or person, which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten
(10) consecutive calendar days after written notice of the Procurement Officer or the County
to proceed to correct and to correct defective Project work or to remove and replace rejected
Project work as required by the Procurement Officer or the County in accordance with
paragraph D of this Section, or if the Contractor fails to perform the Project work in
accordance with the Contract Documents, or if the Contractor fails to comply with any other
provision of the Contract Documents, the County may, after seven (7) days' written notice to
the Contractor, correct and remedy any such deficiency. In exercising the rights and
remedies under this paragraph the County shall proceed expeditiously to the extent
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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 15, 2011. Liquidated damages of $50.00 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) 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.
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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 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
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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
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.
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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 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.
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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.
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
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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:
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
To Contractor:
ICM Group, LLC
Jack Wheeler
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, 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
Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 8i6ii 22
97o - 9 2 o - 539 6 , 97o -92o -5285 Fax or email: jodis @co.pitkin.co.us
Contract #140.2011 Rev. 06/07/2011 LM
Ledger 166.63.92863.82803
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;
1. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under the public contract for services.
2. 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.
3. 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.
4. 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.
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5. 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:
(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;
(b) 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;
6. 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).
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set
out herein above.
CONTRACTOR
ICM Group, LLC
PO Box 3433
B- ..alt, olora.o 81,21
/ [_1 8-25 _4//
Arr heeler, Manager Date
' TION COUNTY, STATE OF COLORADO
MANAGER APPROVAL: ) ' PR • I AL:
NA „Z�
Jon Peacock, County Manager Date Kathy Chandle , 1 . rarian Date
RECOMMENDED FOR APPROVAL:
P)'2 -201/
Jodi Smith, Faciii 1es Manager Date
NA NA
John Ely, County Attorney Date Kris Jewkes, Risk Management Date
Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611 24
97o - 539 6 , 97o -92o -5285 Fax or email: jodis @co.pitkin.co.us
l EXHIBIT A
Group, LLC
Construction Services
Construction Management • General Contractors
To: Jodi Smith August 11, 2011
Facilities Manager
Pitkin County
Aspen CO 81611
From: ICM Group LLC
PO Box 3433
Basalt CO 81621
Re: Library repairs
Dear Jodi Smith,
Thank you for the opportunity to provide services for you at the Pitkin. County Library
Building. Upon walking the building with you and Willis it is my understanding the we
will delete any work to the Eastern Gable as that will be dealt with in a future renovation.
Option B: Remove and discard all three areas of cornice pieces (49 pieces at 250.00 each)
and replace with a wider stone that will deflect water off the walls below and also shed
water well off the top. Replace three broken corner pieces below. Re -point mortar in
damaged areas below. Architecturally correct. We would present shop drawings of pieces
for your approval. Color may not match perfect.
Option B cost: $ 22,580.00
Delete eastern gable ($3200.00)
New cost for Option B $19380.00
Option for honed tops $3680.00
Sawn Kerf $600.00
Option B revised: Remove and discard cornice pieces at entry and north gable (39
pieces at 250.00 each) and replace with a three inch wider stone that will deflect water off
the walls below and also shed water well off the top. We will not bevel the bottom of the
pieces and will add a cut kerf to prevent moisture from wicking back under the caps.
Replace three broken corner pieces below. Re -point mortar in damaged areas below.
PO Box 3433, Basalt CO 81621. Phone 970 - 927 -7699 Fax 970- 927 -6999
Architecturally correct. We would present shop drawings of pieces for your approval. We
have specified Colorado Buff Flagstone a sample will be presented for color approval.
The honed tops will help to prevent flaking from the weather. This is not required but
may add to the life of the stone.
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
PO Box 3433, Basalt CO 81621. Phone 970 -927 -7699 Fax 970- 927 -6999
Contract #140.2011 Rev. 12/2?/10 jls
Ledger #166.63.92863.82803
)1TKIN
FACILITIES MANAGEMENT
NOTICE OF AWARD
Date: 8/25/2011
ICM Group, LLC
PO Box 3433
Basalt, Colorado 81621
The Owner, having duly considered the Proposal submitted on August 11, 2011, for the work covered by
the Contract Document titled Library Safety Improvements; Stone Cap Replacement Contract #140.2011
in the amount not to exceed $30,000, and it appearing that the Price and other information in your
Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is
hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the Agreement
within ten (10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance
with the requirement for insurance as stated in the Contract Documents to Jodi Smith, County Facilities
Manager 485 Rio Grande Place #101. Aspen, Colorado 81611 Fax: 970.920.5285.
PITKIN CO TY
By: >
Jodi Smith, County aci ities Manager
= — ACCEPTANCE OF NOTICE —
' eceipt • f the / . ove . tice of Award is hereby acknowledged
By , / this Zsday of 0051
T " 1 1 7 ( 1 1 , 4 '/ C # e
1