HomeMy WebLinkAboutbocc.con.039.1975 VVVLI [.7 vl x .i Lv-iu
. State of Colorado
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( Mountain Valley Improvement District )
(To be executed in triplicate, one copy for the County Manager, one for
the Pitkin County Commissioners, and one for the Contractor.)
. CONTRACT # 439-19 75
This Agreement, .made and entered into this /' day of
, A.D. 1975 , by and between the
ounf of Pitkin, State of Colorado, acting by and through its Board of
Coun Commissioners, party of the first part, and
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in the County of and State of ,
part of the secon. 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, promised, and agreed, and do hereby undertake,
promise and agree as follows:
The said Contractor agrees with the said first.par 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 construction of
County Road Project 75--MV as per the attached proposal and specifications
which are made a part of this contract.
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During the performance of this contract, the contractor, for itself, its
designees and successors in interest (hereinafter referred to as the "contractor "),
agrees as follows:
(1) Nondiscrimination: The contractor, with regard to the work per -
formed by it after award and prior to completion of the contract
work, will not discriminate on the ground of race, color, or
national origin in the selection and retention of subcontractors,
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
• including employment practices when the contract covers a program
set forth in Appendix A -II of the Regulations. (Dept. of Commerce,
Title 15, Code of Federal 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 subcontract, including procurements of materials or 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 contractor's non-
compliance 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 determine to be appro-
priate, 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 procure-
ments of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The con-
tractor will take such action with respect to any subcontract or
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(5) Incorporation of Provisions: (continued)
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.
This contract shall not take effect or be in force until said
Contractor shall have furnished and delivered to the party of the
• first part of a surety bond, acceptable to said first party, in a
penal sum equal to the nearest intregral $100.00 in excess of the
estimated contract price as per "Schedule" hereto attached, duly
executed by a corporate surety, qualified and licensed to do business
in Colorado and maintaining a general agent therein.
It is especially understood and agreed that the Invitation 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 Manager 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 provisions and subject to the conditions as set forth in the
specifications above referred to.
It is further agreed that time is of the essence of this contract, and
that work shall be begun under this contract unless additional time
shall be allowed the said Contractor by said party of the first part,
in writing, under provisions of the specifications hereinbefore referred
to.
This agreement shall insure to the benefit of, and be binding upon, the
successors to the respective parties.
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IN WI NSS WHEREOF, the County of Pitkin County Commis biers, 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 A6.1_ . :I T._ 40 0
ChaiHan, ounty of Pitkin
Board of County Commissioners
ATTEST:
•
(SEAL) Clerk
ATTEST:. -
2 .11"
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Ld - fi r,.' Air
1,� 1 (Title)
Title
R & G Excavating
2213 Bennett
Glenwood Springs, Colorado 81601
(If the signature is for a corporation, the corporate name must be shown,
and subscribed to by some authorized agent, showing the title and the seal
of the corporation affixed; if not, all parties interested must sign.)
8/14/75 No t ay Pub.Q,ic
any eomm.iba. cn expine4 811176
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