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HomeMy WebLinkAboutbocc.con.019.1975 • • 2 5' O CT #6g-g7 State of Colorado • • CONTRACT (To be executed in triplicate, one copy for the County Engineer, one for the Pitkin County Commissioners, and one for the Contractor) THIS AGREEMENT, made and entered into this Q r A. day of r , A.D. 192, by and between the County o ltkin, State of Colorado, acting by and through its Board of County Commissioners, party of the first part, and Frank Bishop Construction • David Frank Bishop P.O. Box 473 of .Basalt, Colorado 81621 in the County of Pitkin and State of Colorado party of the second part, hereinafter referred to as the Contractor: WITNESSETH, that the parties to these presents, each in consideration of the undertakings, promises and agreements on the part of the other herein contained, have undertaken, pro- mised, and agreed, and do hereby undertake, promise and agree as follows: The said Contractor agrees with the said first party that he will in a good and workmanlike manner at his own cost and . expense, and strictly in accordance with this contract, furnish all materials and do all work not herein specifically excepted, necessary or incidental to complete•Landfill management and operation per the proposal, plan and specifications which are a part of this contract. During the performance of this contract, the contractor, for .itself, its designees and successors in interest (herein- after referred to as the "contractor "), agrees as follows: 4. I (7 • . .. . . • (1) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discrim- inate on the ground of race, color, or national origin in the selection and retention of subcontrac- tors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations in- cluding employment practices when the contract covers a program set forth in Appendix A -II of the Regula- tions. (Dept. of Commerce, Title 15, Code of Fed- eral Regulations, Part 8.) (2) Soliciations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (3) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County of Pitkin and acting by and through its Board of County Commissioners to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Board of County Commissioners of the County of Pitkin, and shall set forth what efforts it has made to obtain the information. (4) Sanctions for Noncompliance: In the event of the con- tractor's noncompliance with the nondiscrimination provisions of this contract, the County of Pitkin, by and through its Board of County Commissioners, shall impose such contract sanctions as it may deter- mine to be appropriate, including but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (5) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (5) in every subcontract, including procurements of mat- erials and leases of equipment, unless exempt by the . Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the County of Pitkin may direct as a means of enforcing such . provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the County to enter into such litigation to protect the interests of the County. It is especially understood and agreed that the In- vitation for Bids, the Contractor's proposal, the Specifications and Special Provisions, all being applicable to the Project and on file in the office of the County Engineer together with such alterations and modifications as may be made in accordance with the provisions of said Specifications, are each and all included in and made a part of this contract. In consideration of the foregoing, the party of the first part hereby agrees to pay to the Contractor, according to the requirements of the specifications, the amounts required for the completed work at the unit prices set forth in the Contractor's Proposal, and such further amounts as may be required for the extra work or materials, all according to the pro- visions and subject to the conditions as set forth in the specifications above referred to. This agreement shall insure to the benefit of, and be binding upon, the successors to the respective parties. IN WITNESS WHEREOF, the County of Pitkin County Commis- sioners, acting for and on behalf of the County of Pitkin, have executed this contract and have caused the same to be attested by the Clerk of the Board of County Commissioners County of Pitkin, State of Colorado, and the party of the second part has executed this contract, all on the day and year first above written. • • COUNTY OF PITKIN STATE OF COLORADO By C� Cha rman, County of Pitkin Board of County Commissioners • ATTEST: 'flinu_aelleviAbr) lerk (SEAL) ATTEST: Title By 144y—it, 6L.4_,419 C - art, (Tit Frank Bishop Construction P.O. Box 473 Basalt, Colorado 81621 (If the signature is for a corporation, the corporate name must be shown and subscribed to be some authorized agent, showing the title and the seal of the corporation affixed; if not, all parties interested must sign.) • •,, l :r • • ( fj t' _ Y