HomeMy WebLinkAboutbocc.con.220.2011 Rev. 08 -30 -11 jls
vor COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 220 -2011
ORIGINATING DEPARTMENT: Resource Recovery
PROCUREMENT OFFICER: Chris Hoofnagle PHONE #: - 4292882
PROJECT NAME: MRF Retrofit Engineering CONTRACTOR: Glenwood Structural and Civil,
Inc.
DOLLAR AMOUNT: $39,000.00 LINE ITEM # 416.68.92665.82877
CONTRACT EXECUTION DATE: 12/26/2011 CONTRACT END DATE: 12/31/2012
AUTOMATIC RENEWAL: ❑ YES ® NO TERM: 1 YEAR
❑ 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: 3 f 1
® 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
(C /O: 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:
✓
.E No Pages Missing ✓® All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank — Note on Page ,7 El All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable)
✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable
✓ ® All Dates Filled In ✓❑ Warranty (if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Chris Hoofnagle
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 #: 220 -2011 Rev. 8.31.11 jaa /js
Budget Line Item #: 416.68.92665.82877
IN
Coi rr
CONTRACT FOR PROVISION OF SERVICES
STRUCTURAL ENGINEERING AND CONSTRUCTION SERVICES FOR RETROFIT OF
PITKIN COUNTY MATERIALS RECOVERY FACILITY (MRF)
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ( "County ") and Glenwood Structural and Civil, Inc. 812 Pitkin Avenue, Glenwood
Springs, CO, 81601 (hereinafter "Contractor ").
1. Term. The term of this contract is from December 26, 2011 to December 31, 2012. At the
expiration of the initial term, the contract may be extended for an additional term of one year by the
express written consent of both parties.
2. Contractor's Obligations. Contractor shall provide Structural Engineering Services at the
direction of the Architect and under the general direction of the Pitkin County Procurement Officer.
Engineering Construction Documents including drawings and specifications suitable for distribution
to potential bidders for the purposes of providing the County with cost estimated for completing the
construction work of retrofitting the MRF structure.
Architectural Construction Documents are to include specifications for upgrades to the physical
structure of the existing MRF building making it structurally sound as well as an addition to the
existing MRF structure, as directed by the Solid Waste Manager and Architect.
Contractor will also provide full construction phase services after a construction contractor is
selected by the County. These services are to include review of shop drawings, review of work
progress, contractor submittals, requests for information, review of test reports, review applications
for payments, prepare and review punch -list items, and review close -out documents at end of
project.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and on a Time and Materials
Schedule set out in Appendix 1. It is expressly understood and agreed that in no event will the total
compensation and reimbursement to be paid hereunder exceed the sum of $39,000 for all services
rendered. By contract or amendment, the County and Contractor may reallocate the budget among
project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project
monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any
payment by the County may be offset by any amount the Contractor owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this contract shall be the property of the
County. However, Contractor shall have the right to utilize such documents in the course of its
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Budget Line Item #: 416.68.92665.82877
marketing, professional presentations, and for other business purposes. Contractor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County
Representative. Chris Hoofnagle, Solid Waste Manager, will manage the project as the County's
Representative. In the event that Chris Hoofnagle is not available, Brian Pettet, Public Works
Director, shall assume the County Representative's duties. The services provided and products
delivered by the Contractor under this contract will be subject to review by the County's
Representatives, or a designee, for compliance with Contractor's obligations prior to final payment.
6. 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 work completed pursuant to the terms of this contract prior to the date of termination.
Notwithstanding 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.
7. 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
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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.
8 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.
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Budget Line Item #: 416.68.92665.82877
9. 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.
10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration and Modification.
A. 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.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. 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.
13. 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
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Budget Line Item #: 416.68.92665.82877
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 1 CG 0001 form or equivalent.
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
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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
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Contract #: 220 -2011 Rev. 8.31.11 jaa/js
Budget Line Item #: 416.68.92665.82877
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 ".
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 $
n Payment Bond $
❑ (2) Professional Errors and Omissions
0(3) Aircraft Liability
1 Owner's Protective
0(5) Builder's Risk
0(6) Boiler and Machinery
0(7) Loss of Use Insurance •
0(8) Pollution Liability
0(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
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Budget Line Item #: 416.68.92665.82877
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 m 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.
14. Exemptions and Preferences. All purchases of construction or building or any other materials
for this 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.
15. • Records. The Contractor shall maintain comprehensive, complete and accurate books, records, •
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and documents concerning its performance relating to this contract for a period of three (3) years after
final payment under the contract and the County shall have the right within the three (3) year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
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Contract #: 220 -2011 Rev. 8.31.11 jaa /js
Budget Line Item #: 416.68.92665.82877
16. 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.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of
this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be
entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000 per person and $600,000 per occurrence) 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.
19. 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. No provision of the
contract shall be construed or interpreted as creating a multiple - fiscal year direct or indirect debt or
other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any
payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of
this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first
class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Chris Hoofnagle .Pitkin County Attorney's Office
76 Service Center Road 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
(970) 923 -2043 Fax: (970) 920 -5198
B. To Contractor:
Glenwood Structural and Civil, Inc.
812 Pitkin Avenue
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Contract #: 220 -2011 Rev. 8.31.11 jaa/js
Budget Line Item #: 416.68.92665.82877
Glenwood Springs, CO, 81601
970 - 928 -0135
21. 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.
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). .
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONT' • ? ri • :
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Contract #: 220 -2011 Rev. 8.31.11 jaa/js
Budget Line Item#: 416.68.92665.82877
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Contract #: 219 -2011; 220 -2011 Rev 8.25.11 jaa
Budget Line Item #: 416.68.92665.82877
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: December 30, 2011
FROM: Chris Hoofnagle, Solid Waste Manager
Proposed Contractor: Menendez Architects; Glenwood Structural
Product/Service: Architectural, Structural Engineering and Construction Management Services
Estimate expenditure for the above construction service: $ 48,500; $39,000
The original project goal was design and construction of a new facility to house recycling operations. Yet, the Contractor was used in
assisting the master planning amendment process rather than the design elements of the original scope. Likewise, the original budget was
used in this capacity. The changes in scope were caused by the County's decision process regarding site selection, master planning, and
land use code revisions. Factors such as the economic downturn begun in late 2008, as well as long range facility and land use planning
also caused a shift in goal to being one of refurbishing the old MRF facility.
During 2011, having completed the Site Selection and Master Plan Amendment, work has progressed on the original scope of work —
MRF design. The project is nearing the end of the design stage and is expected to be under construction in the spring of 2012. The new
contract is needed because the old one has reached the end of its term. The contractors were selected because of the institutional
knowledge they have attained through assisting the County through its Master Planning Process in the Land Use Code.
This contract will complete the design/construction management portion of the project for which they were originally chosen to perform.
The Contractor shall provide Architectural Construction Documents including drawings and specifications suitable for distribution to
potential bidders for the purposes of providing the County with cost estimated for completing the construction work of retrofitting the
MRF structure.
Architectural Construction Documents are to include specifications for a ventilation system, addition to the structure, and earthwork as
directed by the Solid Waste Manager as well as upgrades to the existing MRF building making it structurally sound.
Contractor will also provide full construction phase services after a construction contractor is selected by the County. These services are
to include review of shop drawings, contractor submittals, requests for information, review of test reports, review applications for
payments, prepare and review punch -list items, and review close -out documents at end of project.
The project budget was appropriated through the regular budget process and it is on the BOCC approved project list.
A formal RFP for landfill engineering services was conducted in 2010. The fee schedule for Glenwood Structural was compared against
responses from the engineering RFP in 2010. Pricing for Glenwood Structural was the same as the top three firms from that process for
similar staff. Other firms included Weaver Boos Consultants in Lakewood, Colorado, Doty and Associates of Golden, and AquaTerra,
of Denver. The engineering proposals are on file in the Solid Waste Manager's office.
A formal RFP was conducted originally to select the Contractor. The Contractor is being selected again because of a combination
of three factors: the institutional knowledge, expiration of the original contract and the need to complete the work.
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Contract #: 219 -2011; 220 -2011 Rev 8.25.11 jaa
Budget Line Item #: 416.68.92665.82877
The undersigned requests that Pitkin County waive other procurement r- irements and recognize this
transaction as a sole source exception to the Pitkin County Procurem - ode.
Depart t Head Date Section Head Date
Approved ✓ Denied Reason for Denial:
.
Jon Pea oe, County Manager Date
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
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