HomeMy WebLinkAboutbocc.con.086.2012 Rev. 08-30-I1 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CUNTRACT #: 086.2012
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Jack Wheeler PHONE#: 5763
PROJECT NAME: Pitkin County Courthouse Fire Sprinkler Project CONTRACTOR: Flameout
Fire Protection Inc.
DOLLAR AMOUNT: $362,830.00 LINE ITEM# 110.17.92$17.86268
CONTRACT EXECUTION DATE: S/27/2012 CONTRACT END DATE: 12/3ll2012
AUTOMATIC RENEWAI.: ❑YES �NO TERM: Defined
❑ 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 TYP'E:
❑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:
��� ���'l—
❑ Services/Maintenance ❑ Employment
❑ License/LTse ❑ 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$2SK whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ �No Pages Missing ✓�All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank—Note on Page ✓�All E�ibits Attached
✓ � Page numbered consecutively ✓�All Legal Descriptions attached('f applicable)
✓ ❑ All Original Signatures Affixed ✓�Notice of Award/Notice to Proceed Attached (if applicabl
✓ ✓ Warranty(if a
✓ � S ecial Instructions for Fina ce Department: Origina need to be file in County Atto frney's office
Authorized Procurement Officer's Name: Jac ee er
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 WII.,L KEEP ORIGINAL DOCUMENTS]N COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACI�VIVIENTS MUST SE WITH THIS CHECKLIST!
Jack Wheeler
From: Lisa MacDonald
Sent: Thursday, September 13, 2012 9:35 AM
To: Jack Wheeler
Subject: RE: Please review new LOC
Ok. looks good, do you have the agreement they refer toa?
LOCs are held by this office so when you rec'v original pleuse send over along w/ agreement.
Lisa
Lisa MacDonald
From: )ack Wheeler
Sent: Thursday, September 13, 2012 8:19 AM
To: Kris Jewkes
Cc: Lisa MacDonald
Subject: RE: Please review new LOC
Please review
Jack Wheeler, Facilities Project Manager
Ph: gao-5763 Cell:456-65i8
Bids/Projects go to: htt�J/www.as�enpitkin.com/rfn
From: Kris Jewkes
Sent: Wednesday, September 12, 2012 4:19 PM
To: Jack Wheeler
Cc: Lisa MacDonald
Subject: FW: Please review
Jack...You saw Lisa's comments/questions from earlier today, right? I have to defer to you on the answers....
Kris lewkes
HR/Risk
x2795
From: Lisa MacDonald
Sent: Wednesday, September 12, 2012 11:45 AM
To: Kris Jewkes �
Cc: Jack Wheeler
Subject: RE: Please review
This is a request for a letter of credit not the actual LOG, so it's not acceptable. Also note it is on the
8asalt Bank, should you need to draw on it it states you can do so in person so someone will have to go
down there or can you draw at the Aspen bank?
So the LOC is only for 3 2 months?
Lisa MacDonald -
i
From: Kris Jewkes �
Sent: Wednesday, September 12, 2012 11:30 AM
To: Lisa MacDonald
Subject: FW: Please review
From: Jack Wheeler
Sent: Wednesday, September 12, 2012 10:30 AM
To: Kris Jewkes
Subject: Please review
Here is a copy of LOC that we are accepting in lieu of Performance Bond. Is it OK?
Jack Wheeler,Facilities Project Manager
485 Rio Grande Place, #ioY Aspen, CO 8Y6ii
Office(970� 920-5763 F��970)920-5285 Ce11(970)456-65i8
Bids/Projectsgoto: �ittn•//wwwas�ennitkincom/rfn
This tronsmission is confidential and privileged. The informatiort contoined herein is intended only for the review and use of the recipient(s/named above. If you hove received
this transmission in error,pleose do not disclose this information;instead return this e-mail to the sender. Any unauthorized disclosure,distribution,or other use of the
transmitted information is strictly prohibrted '
� � �
Contract#086.2012 Rei.OZ/U6/20/21e�i 6/7/l2js
Budget l.ine Item# 110.1'1.92817.8G268,�286,OOO.UO/110,55.92855.86268,$76,830.00
��'� I�
������
...._..___.,_...._.... ��,r$C���� ....._.._..n.u,._:.
'PITHIN COUNTI'C4NSTRUCTION C4NTR.ACT
Pitkin Co�mfy Courthause Fire Sprinkler Project
THIS CONTRACT, made tlus 27 day of August 2012, by and between the Board of
Cotinfy Commissioners of Pitkin County, Cotorada, (hereinafter cai(ed the "County"} and
Flameout Fire PTOt�Ct10Il Ina (hereinafter called the "Cantractor") to perform the following
�vork: Pitkin County Courthouse Tire Sprinkler Project{"P�oject"},
I. Term of Cvnt�•act. The tez�m of this contc•act is fi�ont Aitg�ist 27, 2012 to Decemhei� 31,
2412. �
II. Scobe of Work and V�ork Schedule.
A. Contractor will be z�esponsible to provide all permits, labox•,material, clean up,
inspections and supeivision for a complete system in tne Pit[cin County
Cai�i�thouse aud design anc�installation of a system in the Fitkin County Public
Works Ad�ninistration Building as per pla�2s and speciftcatians by Mile High
. Design Group Dated 43/26/2012 and proposal (Attached as E�chibit A)by Flame
. Qut Fire Protection Inc. Dated August 2,20I2 inc[uding Options 1,2,3,4 and
Alternate#1 for Addendum#0$6.2012A. Contraetor scope of seivice must
inclnde but is tzot limited to the fo[Io�ving.
B. Considerations for work:
1. Wark in tlie Coui�house must be perfarmed witliout disturbing the courts
operations.
2. Schedt�les rr�ust be coordinafed witli tl�e Courts schedule.
3. Most work�vil[ have to be cione during non-business hours.
4. These buildings co��tain law enfarcement and Court operations 7 days per
week and may imgact schedule at times.
5. This is to be a carnplete project contractor is responsi6le for all work including
excavation, water tap, street cut and patch, cai�entry, drywall, and paint
� eveiything i�equired for a complete insfallation.
6. Contractor �vill be responsible for any asbestos testing and mitigation reqt�ued
for permit.
7. Asbestos Testing and mitigation is inch�ded in t�ae price as a $10,040.Q0
allowance #o be bilied at cast plus 15%, The Contractor must receive written
appraval from the Owner to exceed this allowance.
' 1
Contr�ct#086.2012 Reti�.02/Ob/1012 hn 617/12js
Budget Line ttem# 110.17,92817.8G268,$286,000.00! (L0.5592855.86268,$76,830.00
8.All work areas inust be cleaned daily to allaw norinal husiness operation,
9. Coi�fractor to provide County�vitii an�revocable Letter of Credif from Alpine �
• Bank for the amaunt af$181,415.00 in lieu of required Performance Bond.
C. All work perfoi•med tmde�•this Contract sliatl be done according to the following
work schedl2le: �
Schedule must be coordinated ivith Jack Wheeler and campleted in consecutive
work days. Eveiung �vork urill be required to accommodate businesses operati�ig
in biiildings, Any overtime is included in cast of work. Contractor will make
. eveiy effoi�t to co�nplete the projecf by 11/30/2012.
D, It is the Confractors respoi�sibility ta apply for and receive all building permits as
needed for this project;the City/County will waive fees. Permits must be on-site
and posted prior to beginning work. The Coiinry will not provide parking;the
Law Enfo�•cemet�t Parking tot is not available for contractor vehicles. The
Contractor is responsible for cleaning up the worksite during and at tl�e end af the
� project,no debris shall be left lying around. Dispasal of all trash and materials is
the responsibility af the Contractor; county trash receptacles are not available for
debris.
III, Payment. Tl�e Cozinty agrees to pay, and the Contractor agi�ees to accept, in fiill payment
for the pe��fornnance of this Contract, the total price of T1uee Hundred anc! 5ixty Two Thousand
Eight Hundred �nd Thirty Do]Iars ($362,830.00) in accardanee with this Contraet, subject to in-
crease or deerease in accordance �vith the provisions af this Conh�act; but any payment by the
County n�ay be offset by any amount the Contractor owes the Cot�nty for any reason.
Line item# 110.17.92817.8b268 $286,000.00
Line Item# 110.55.92855.8b2&8$76,830.00
A. Payment i'rocedures.
1. Contractor shall submit applications for payment every 30 for work done
to date.
, 2. Progress payments.
+
a. County shall make progr�ss payments, within thirty (30) days of
County's approval of Contt�actor's pay request.
. 2
, Yitkin County�'aeitities Management,485 Ria Giande Place,Unit 101,Aspen,CO SI611
970-920-5763,970-920�5285 Fax or emaii:jack.���heelcr a,co.pitkiu.co.us
Cantract#086.2U 12 � Re►;02/06/20121„r 6/1/12�s
Budget Line Item# l 10.17.92817.86268,$286,004.00/ 1 t0.55.92855.8G268,$76,$34.OQ
b, If Contractor is satisfactorily performing this Cot�tract, progress
payments shall be in an amount equal to ninety percent (90%j of the c�lculated
valtie of any Project work campleted, tess the aggregate of paymenfs previously
made until fifty percent (50%) of the Project work required by this Contract has
been pei�formed, Thereafter, County shatl pay all remaining progress payments
ancl maintain only existing retainage if, in the opinion of the Procurement Officer
and Couizty, satisfactory progress is beirig made an the project. �If, in the opinion
of the Procurenient Officer and County, satisfactory progress is not being �nade
on the Project, or if claims are fi[ed under Sec#ion 38-26-107, Colarado Revised
Statutes, as amended, Couniy may retaui such additiot�al amaunts as County may
deem necessary to assure completion of the Project or to pay such claims and any
Procucement Officer's and attoi�ney's fees reasonably inctyi7ed 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 campleted satisfacforily and
finalty accepted by County in accorc�ance with the provisions af this Conh•act.
Progress payments shall not constihrte final acceptance of the Project.
� B. County shall ma[ce final payment, including reiease of retainage, to Confractor in
accordance with this Contcact and Section 38-26-107, C.R.S, and Section 24-91-1�3, C.R,S,, as
amended.
N, Contractar's Obli at�ions.
A. Supervision and Superintendence. �
l, The Canri•actor shall supeivise and d'u•ect the Project competently and
efftciently devoting such attention fhereto ancl appiying such skills and expertise as may
be necessary to perform the Project in accorc3ance with this Contract. The Contracfor
shall be solely responsible for the means, methods, techniques, sequences and procedures
of construction. The Contracfor sl�all be r�sponsible to see that the finished Project
compiies accurately with this Contract.
2. The Cantt�actor shali appoint and identify to the County and Procurement
Officer, a competent on-site superintendent to be kept on the �roject at all times du�•ing
ifs progress and whv shall not be replaced withaut written notice to the Caunty and the
Procurement Offtcer except under extraordinary circumstances. The superintendent will
be the Contractor's representative at the sife and shall have autharity to act on bel�alf of
the Contraetor. All eommunieations given to the superintendent shall be as binding as if
given to the Contractor.
B. Subcontractors, Suppliers and Others.
'I. The Contractor shall not employ any subcontractor, supplier or other
pe�son or organization'(including thase acceptable to the County and the Procurement
Officer,whether initxatly or as a substihtte)against whom the Caunty or tlxe Procurement
O�cer rnay have reasonable o6jection.
3
Pitkin Counfy Facilities Management,485 Rio Grande Place, Un.it 101,Aspen,CO 81611
97Q-920-5'763, 970-920-5285 Fax or email: iack.wl�eeler a�eo.pitkin.co.us
_ _�_a.�.�,. __� K � �—�..
COflh'�Cf#086.2012 Rex 02/06/2DI2 lm 617/12js
Budget Line Ite;v# 110.17.928I7.86268,$28G,000.00/110.55.92855.8G268,$76,830.00
2. The identity of subcontc`actors, supplie►•s or other persons or organizat'rons
inchiding those who are to fiirnish the principal items of materials and equipment must be
st�bmitteci to the CoLinty in advance of any work perfo�-med or materials supplied under
this Contract for acceptance by tlie County and the Procurement Officer. No acceptance
by the County or tt;e Procurement Officer of any such subconhactor, supplier or other
person or arganization shall canstihrte a �vaiver of any right of the Counry or the
Procucement Offtcer to reject defective Project work. .
3. The Cantractor sl�all be fixily responsible to the Coiuity and the
Procurement Officer for all acts and omissions of tlie subcontractors, suppliers a��d otlZer
persons and organizations perfori�ling or fi�rnislung any of the Project work under a direct
or indirect Conhact with Contractor jusf as Coi�tracfor is respansihle for Contractor's orvn
acts and omissions. Nothing iil this Contraet shal( create any Contractua( relations3�ip
betcveen the Couniy or tlie Procureinent �fficer and any sucli subcontractor, supplier or
ather pe�son or organization, nor sliall it create any obtigat'ton on the pait of fhe County
or the Procurement 4fficer to pay or to see to the payment of any moneys due any such
st�bcontractor, supplier or other person oz• org�nization except as may otherwise be
reqi�ved by laws and regulations.
. 4. AII Project work performed far CoiZtraeto2• by a subcontractor will be
� pursuant to a�i zppropriate Conhact between the Contractor and the subcontractoi• which
specifically binds the subcontractvr to the applicable terms and conditions of tlus
Conti�act for the benef t of the County and the Prociirement Officer.
C. Patent Fees and Roy�lties. The Contractor shall pay a[I license fees and royalties
and assume alt costs incident to their use in the pei�formance af tha Project or the incorporation in
the Project of any invention, design, process, product or device wluch is the subject of patent
rigl�ts or capyrights held by others, Co��tractor sl�atl indemnify and hold harmless the County
and tlae Procurement Of�cer �nd anyoi�e directty or induectty employed by either of them fi•om
and against all claims, damages, losses and expenses (inctuding attot�ney's fees and co�ii�t costs)
arising out of any infringe�ne��t of patent rights or copyrights incidental to the use in the
perfo��niance of the Project or resulting from the product or device �ot specified in this Contract,
and shall defend all such claims in connection with any allegeci infringement of such rights.
D. Perinits. Uniess othe�-wise provided in this Contract, the Contractor shall obtain
and pay for all conshuction permits and licenses. The Coiinty. sl�all assist the Contractar, when
necessary, in obtaining such permits and licenses. The Contractor shall pay a11 governmental .
cha��ges and inspection fees necessary for the proseeution of the Project. The Contractor shall
pay all charges ofutilities for connections to tl�e Project, and the County shall pay aIl charges of
such utility owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Cont�•actor sha[I be familiar with and shall comply
with all federal, state, and local laws, ordinances, niles� and regulations applicable to fi�rnislung
and perfarmance of the Project including rules, regutatians, and ordinances the Couniy
promttlgates at any time. Except where otherwise expressly requued by applicable lativs and
4
Pitkin County Facilities Management, 48S Rio Grande Place, Unit 101,Aspen, CO 8161 I
970-920-5763, 970-920-5285 Fax or e�naiL• iack.���lleeler�co.pitkin.co.�►s
ContraCt#IQ8G.2012 Reu 02/06/2012Ini b/7/12js
Budget Line Item# 1 I4.17.92817.86268,�286,Q00.00/ 110.55.92855.85268,$76,830.00
regulations, neitlier ttie Cotmty no�• tl�e Procurement Officer shall be r�sponsihte for monitoring
the Contractor's conipliance with any Laws or Regulations.
F. Taxes. The Conri•actor shall pay all existing and fiitui•e applicable federal, state and
local sales, consamer, use and other similar taxes whethar direct or indirect. Federai excise tax
may not apply to materials pnrchased by the County. The Contract price shall include all ather
federal,state,andlor Ioca1 direct or induect.taxes, wluch do apply. The Contract price shall include
the cost of compliance with alt other Federal La�vs and Regulations at no additionat cost to the
County(except as provided in this Contract). The Cantractor s12a1.1 not be reimbursed separately for
any taxes, which may apply except as provided in this Contract, and the Coiritac�or shalt be
responsible for alI taxes,which may apply, The County is tax exempt from Federal Excise Tax and
Colorado �tate or locat sates or use taxes. Tlae Contractor and its subcontractors sliail apply to tlie
Colorado Depa��tment of Revenue for a Certificate of Exemption indicating t6at the Contractor or
subcontractor's purchase of const�uction material or building materials is for �ase in a building,
structure,or other public wark owned and used by the County. .
G. Use of Pretnises.
1. The Contracto3� shalI confine construction ec�uipment, tlle storage of
materials aiid equipn�ent and the operations of workers to the Project site and land and
areas permitted by this Conhact,. law, ordina�ices, and permits. The Contractor shall
assume fiill responsibilzty fo�• any damage to any such land or ae•ea, oz• to tl�e County or
occupant thei•eof oi• of any land or areas contiguaus thereto, resulting fi•om the
pei�fof•mance of the Project. Shouid any claim be made against the County or the
Proc�tremeiit Officer by any such owner or occupant because of the performance of the
Projeet, Contractor shall pronnptly settfe with such other paz-ty. Tlie Contractor sl�ali, to
the fullest extent permitted by Laws and Regulations, indemnify and hold the County
harniless 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 ar consequentially out of any action, tegal or equitable,
brought by any such other party against the Couniy or t1�e Procu�•ement Officer to the
extent based on a claun arising out of the Contractor's performance of the Project.
2. During the pz•ogress of the Project, the Contractor shall keep the premises
free from accurnulations,of�vaste materials, rubbish and other debris resi�tting fr•om the
Project. At the completion of the Project, the Cantractor shall remove all waste
materials, ivbbish and debris fi•om and about the premises as well as all tools, appliances,
construction equipment and machinery, temporary structures, stumps or portions of trees,
and suiplus matei7als, and sliall teave the site clean and ready far occupancy by the
County. The Contraetor shall restore ta original condition all property not designated for
alteration by this Contract.
3. The Contractor shall nat load or permit any part of any structure to be
loaded in any manner that will endanger the sh�uch�re, nor shali the Contractor subject
any part of the Pi•oject or adjacent property to stresses or pressures that will endanger it.
5
Pitkin County Facilities Management,485 Rio Grande Place, Unif 101,Aspen, CO 8 t611
970-920-5763, 970-920-5285 Fax or email: iack.�vl�eeler�co,pitkin.co.us
Couti'act€f086.2412 Rev.02/06120I?La 6/7/l2js
Budget Line Itent# I 1d.17.92817.862G8,$285,OOQ.QO/ 110.55.92855.8G268,$76,830.00
H. Safety and Protection, .
a. The Cozitractor s3�a11 be solely responsible for initiating, mau�tauung and
supervising a1! safety precautions and programs in connection �vith the Pi•oject. Tl�e
Cantractor shall take all necessary precautions for the safety of, and shali provide the
necessaiy protection to prevent damage, injury or loss to:
a, All employees in the Project ac•ea and other persons and
organizations who may ba affected thereby;
b. All tlie Project materials and et�uipment to be incorporated therein,
whether in starag�on ox off the site;and
c. Other property at the site or adjacent thereto, including treess
stu•ubs, lawiis, walics, pavements,road-ways, structures, utilities and underground
facilities not designated for removal, relocatian or replacement in the course af
consti-��ction.
Tlie Contractor slrall be rec�ui�•ed to asstime sole and complete responsibility for
. job site condifions dt�ritig the course of constilictian af the Praject, including tlie safety of
a�l persons �vho niay enter on the job site for any reason and the security af all property
locatecl on the job site. Tlus requirement shall apply at all times during ttxe courses of the
Contract and not only to normal Project work hours.
2. The Contractor shall at al! times conduct the Praject in such manner as
will inct�r the least practicable interference with traffic at7d existing utility systems. No
section of any �•oad shall be closed to the publie, nor any ittility system put ouf of service
except after permission, has been granteci by the Procurement �fficer. Eae1� item of the
Project sttalt be prosecuted to completion without delay and in no insfance will the •
Contraetor be peruu�itted to transfer its forces from an uneompieted Praject to a new
Project.withoiat pi'IOP WI•itten notification of the Contractor to the Prociireinent Officer.
Unless tlus Contraet specificaily provides for the c(osing to traffic of any local
road or highway while constn�ction is in progress, such road ar highway shatl be kept
open to all traffic by the Contractor. The Contractor shall also provide and maintain in a
safe conditian femporaiy approaches, crossings, oi intersections with roads and
highways. The Con#ractor shall bear al( expense of mainfaining t�•affic over the section af .
road affected by the Projeci to be done under this Contract, and of constracting �d
maintaining stich approaches, crossing, intersectians and any necessary feah►res �vithout
direct eompeiisation,except as otlierwise provided.
The Contractor shali provide, erect and maintain all necessaiy barricades, sigt�s,
danger signals and lights to protect the Project and the safety of the pl�blic. The
Conhactor's i•esponsibility for necessary barricades, signs, and lights shall not eease until
the Pz•o,ject has been aecepted,
6
Pifk.in County�acilities Mana�ement,485 Rio Grande Place,Unit 101,Aspen,C4 8I611
970-920-5763, 97d-920-5285 F'ax or email: iack.�vlieeler�r,co.pitkiii,co,us
CotttT�lCt�086.2012 Rcv.02/06l24121nt 6/J/12Js
Budget L'u�e Iteut# 110.17.92817.86268,$285,000.00/ i{0.55.92855.862G8,$7G,830.00
I. Shop Drawings and Samples.
l. After checking and verifying all field measurements at�d after co�nplying
with applicable proeedures specified in this Contract, the Conteaetor shall submit to the
Procurement �ffice� for review and appraval in accordance with the approved schedule
of shop drawing subnussions, three {3) copies (unless otherwise specified} af all shop
dcawings, which will bear a stau�p or specific written indication that the Conti�actor has
satisfied ttie Confractor's respansibilities under this Cantracf with respect ta the review of
the submission. All submissions wili be identified as the Procurement O�cer ulay
require. The data shown on the shop drawings will be complete with respect ta
c�uantities, dimensians, specified pei�foi�rnance and design criteria, materials and sin�itar
data to enaUle the Procuremeut Officer to review the infoi�niation as required.
2, The Contractor sha(1 also submit fo the Procueement Officer for review
and approval with such promptness as to cause no delay in Projeet, a!1 satnpies required
6y this Contract. All san�ples witl have been checked by ancl accompanied 6y a specific
written indication th�t the Contractor has satisfied the Contractar's cesponsibilities under
this Contract witii respecY t+�tl�e�eview of tlie submission and �vil! 6e identified cieacly as
to materiai, supplier, pertinent data such as catalog numbers and the use for wliich
intended,
3. Before submission of each st�op drawing or sample, the Contractox• sha!( �
have detei�nined and verified ail c�uantities, dimensions, specified performance criteria,
installation requirements, materials, catatog numbers and similar data with respect
thereto; and reviewed oi� coordinated each shop drawing ar sarnple with other shop
di•awings and san�ples and with the requirements of the Project and this Contract.
� 4, At the time of each submission, the Contractor shall give the Procurement
Office� specific written notice of each variation that the shop clrawings or samples may
Iiave from the requirements of this Contract, and, in addition, shall cause a specific
notation to be made on each shop drawing subn�itted to the Procurement Officer for
review and approval of each such variation.
5. Where a shop drawing or sample is requii�ed by the specifications, no
related Project work shali be commenced prior to the Procurement Officer's review and
appraval of the shop drawing ox•samples.
6. The cost of fur�ishing all shop drawings and samples shall be borne by
Contractor.
V. Performance and Pavment Band.
A. Contracfor shall furnish a performance and payment band in the amount of ane
hatf of tl�e total Contract value fo�•a11 Contracts aver$50,000; as requirec! by C.R.S. § 38-26-105,
et seq. All Bands shall be in the form acceptable to the Caunty, All Bonds signed by an agent
must be accompanied by a certified copy of the authority to act.
7
Pitkin County Facitities Management,485 Ria Grande Place, Unit 101, Aspen,CO 816I 1
970-920-5763, 970-920-5285 Fax or email: iacic.�vheeler�eo.pitkiti.co.tis
Contract#086.2012 Reti:02/06/201 Z!nt 6/7/12fs
Budget Luie Ifeu�# 110.17.928 t7.86268,$286,000.00/110.55.92855.8G268,$76,830.00
B. Tf the surety on any Bond fi�rnished by Cantractor is declared bankrupt or
becomes insolvent or its rigllt to do business is te��mittated in any state or it ceases to meet the
requirements of paragraph A af this Section, Contractor shall within five (5) days thereafter
substiri�te another Bond and Surety,both of wftich must be accep#able to the County.
VI. �ndemni .
A. Tl�e ContF�ctor agxees to indemnify, hold hai�rnless and, not exclnding the Couniy's
right to pa��ticipate, defend the Cotinty, its subsidiary, parent, associated and/or affiliatec� entities,
saccessors, or assigns, its eiected o�cials, tn�stees, employees, agenfs, volunteers, and any
jurisdict'son or agency issizing pe�7nits for any tivork included in the project,hei�inafter referred to as
indemnitee, from aIl suits and clauns, including aktoiney's fees and cost of(itigation, actions, toss,
damage, expense, cost or claims of any character oi• any nahii�e arising out of the wac•ic done in
fiilfiltment of the terms of tlus Contract or an account of any act, claim or amot�nt arising or
recovered undei• workers' compensation la�v or arising out of tt�e failure of the Coiitc•actar to
conform to any statutes, ordinanees,regulation,law or court decree. It is agreed that the Contractoz•
will be responsibie for primuy loss i�ivestigation,defense and judgn�ent costs where this cot�tract of
indemnity applies. In considei�atiou of the award of tlus coniract, the Contractor agrees ta tivaive all
rights of subrogation against the Cot�iity its subsidiary, parent, assoeiated ancUor af�liated entities,
successors, or assigns, its electet� offtcials, fnistees, employees, agents, and volt�ntee�s for iosses
� a�•ising fi�am the wark pei�foimed by the Contractor for the County.
B. The Contractor fiirther shall inveskig�te,process, tespond to, adjust, provide defense
for and defend,pay or settte all ctaims, demands, or lawsuits re[ated hereto at its sole expense and
shall bear ait other costs and expenses x•etated thereto, even if #i�e claim, demand or lawsnit is
groundtess,false o��fraudi�tent.
VII. Insur�nce, Contracto�•and s�ebcontractors shall procure and maintain unti!�11 of their
obligations have been disch�rged,incli�ding any wai�ranty periods under this Contract are
satisfied, insurance against ciaims for inju�y to persons or ctamage to properiy which may arise
from or in connection with tlie performance of the work hereunder by the Contractor,its agents,
representatives,employees or snbcontracfors.
The insurance requirements herein are minimum requirements far tlus Contract and in no way
limit ttie indemnity eovenants contained in t�iis Confr�cf. .
The Cbunty in no tivay warrants that the rninimum limits contained herein are su�cient ta protect
the Coufractor fi•om liabilities that might arise ot3t of the performance of the work under this
Canfract by the Contractor,its agents, representatives,employees,or subcontractois, The
Contractor shall assess its own a•isks and if it deems appropriate and/or priident,maintain higher
liinits and/or broader coverages. The Cont�•actor is not celieved of any tiability or other ,
obligations assumed or pursuant to the ContY•act by reason of its failure to obtain or maintain
insurance in sufficient antounts, dura#ion, or types.
A, Coverage and T.units of Insurance:
8
Pitkin Caunty Faciiities Management,485 Ria Grande Place, Unit 101,Aspen, CO 81G 11
970-92Q-5763, 970-92d-5285 Fax or emait:jack.�vlieeler tr,co.pitkiii.caus
Contract#08b.2�12 Rev.02/a6/2012Ini 6/7/12js
B�idget Line Item# 1 l0.I7.92817.86268,$286,000.00/12U.55.92855.86268,$7G,834.00
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 tl�e minimum liabiliry requirements
provided that the coverage is�vritten on a"following form"basis.
l. Statutory Workers' Compensation: Colorado statutoiy minimums
a. Policy shall contain a waiver of subrogation against the Caunry.
b. This requirement shall nat apply when a contractoe or
subcontractor is exempt under Colorado Workers' Ct�mpensation Act.,
AND when such contractor or subcontractor executes the appropriate
sole proprietor waiver form. '
Minimum Limits:
Coverage A(Workers' Compensation) Stalutoiy
Coverage B (Einployers Liability} $ 500,000
$ 500,000
$ sao,000
2. Commercial General Liability–ISO 1 CG 0001 fortn or equivaLent
(YYith Caunty nanred ndditio�al instrred)
Minimum Limits:
General Aggregate $ 2,000,000
Proditcts/Compieted Operations Aggregate $ 2,000,000
Each�ccut7�ence Liinit $ � 1,400,000
PersonaUAdvertising Injury $ 1,000,000
Fu•e Damage{Any One Fi.�•e) $ 50,000
Medic�l Payments(Any One Person) $ 5,000
Coverage to inciude:
• Premises and Operations
• Explosions, Collapse and Undergraund Hazards
� Personal/Advertising Injury
• Products/Conipieted Operations
• Liability assumed under an Inszired Contract(including defense costs assumed
under contract)
� • Iudependent Contractors
+ Designafed Construction Projects(s}General Aggregate Limit,ISO CG 25Q3
� (1997 Edition or equivalent)
• AdditiQnal T�isured—Owneis,Lessees ar Contractors Endorsement,ISO Form
• 2410 (2404 Edition or equivalent)
• Additional Insured-0wners,Lessees ar Cantractors Endorsement, ISO CG 2037
(2004 Edition or ec�uivater►t)
9
Pitkin Counly Faciiities Management,485 Rio Grande Place, Unit 101,Aspen,CO 81611
970-920-5763,970-920-5285 Fax or email;jack.�vheeter t�,co.piftcin.co,us
Contract#086.2012 • Rex 02/06/20121v+6/7/12js
Budget Line item# 110.17.92817.862b8,$2$6,000.00! 114.55.92855.8b268,�76,830.00
• The policy shall be endorsed to include the fotlowing additional insured language
on the Additional Insured Endorsemenfs specifted above: "County, its subsidiary,
parent,assaciatec] and/or affiliated entities,successars, or assigns,its elected
officials, irustees, employees,agents,and volunteers n�ned as an additional
insured witli respect to liability and defense of suits arising aut of the activities
perforined by, or an behalf of tlle Conhactar, inclt�ding completed operations".
3. Auto Liability: Bodily injzary and propei•ty damage for any owned, hired, and �
� non-owned vehicles used in the performance of this Contract.
Minimum Limits;
Bodily InjutylProperty Damage(Each Accident) $ 1,000,000
4. Speciai Coverages(check as ap�rop�•iale and insert a»1ouf7t):
�(i}Performance Bond $ N/A
❑Labor and Matetial $ N/A
❑ Payment Bond $ NIA
❑ (2)Prafessional Ez7ors and Omissions
❑(3)Aircraft Liability
❑(4)Owner's Proteetive
❑(S)Bitiider's Risk
❑ {6�Boiler and Macluneiy
❑(7)Loss o£Use Insurance
❑(8)Pollution Liability
❑(9)Crime,inciuding Employee Dishonesty Coverage,ar Fidelity Bo�d
B. , Proof of Insurance:
I. Each insurance policy requu�ed by the insurance provisions of this
Contract shali provide the requued coverage and slialt not be suspended,voided or
cance(ed except after tf�irry(30)days prior w�itten notice has been given to the Couniy,
except wlien cancelta#ion is for non-paym�nt of premium, then ten(10)days prior notice
may be given. Such notice sl�all be sent directly to (County Representative's Name&
A.ddcess). If the insurance car�•ier will not provide the required notice,the
Consultant/ContF•actor and or its insurance broker shall notify the County of any
canceliation, or redciction in coverage or limits of any insurance within seven(7)days of
x•eceipt of insiu�ers' notification to that effect.
Simultaneausly with the Cei�tificates of Insurance, the Cantractor shall fite with tl�e
Procurement Officer a certified statement as ta claims pending against the required
coverages, rese��ves established on account of such claims, defense costs expended and
amounts i�emauv.ng on policy limits.
2. In addition,these Certificates of Insurance sl�all contain the followulg clauses:
a. The cont�actor's inst�rance shall bs pr•ima�y and non-conh•ibutoiy
witi�any irisurance or self insui•ance purchased by the Connty.
10 .
Pitkin County Facilities Management, 48S Rio Grande Place, Unit 101,Aspen, CO 81b11
97U-920-5763, 970-920-5285 Fax or email:jack.�vheelei•��co.pitkin.co.Ets
_ __ _ _
COi1t1'FiCt�086.2012 Ree 02/06/101?h�+b/7/l2js
Budget Line Item# 1 I O.17.928 i 7.862b8,$286,UOQ.00/ !l0.55.92855.86268,$7G,830.00
b. The insurance companies issuing the policy or policies hereunder •
shall have no recourse against the County of Pitkin for payment of any
pcemiums or for assessments under any foini of policy.
a �Aziy and aii deductibles or self insured re#entions in fhe above-
descrihed insui�ance policies shall be assumed by and be for tiie amotmt of,
and at the sole expense of the Cont�actor.
d, Location of operations shall be:"aIl operations and locations at
wluch wark for the referenced Project is being done."
3. Certificates of Insurance for all renewal palicies shall be delivered to the
County's Representative at Ieast fifteen(15}days prior to a policy's expiration dafe except
far any policy expu•ing on the expuatian ciate af tlus contract or thereafter,
4. The Co�inry reseives the right to rec�uest and receive a copy of any policy
and any policy endorseinent at any time during the teiYn of tlus contract. �
VIII. Exemptions and Preferences,
� A, All purchases of construction or building or any other materials for any Contract
sliall not include Federal Excise Taxes or Colorado Sfate or tocal sates or use taxes. Pitkin
County is exempt from such taxes under registration iiumbers 98-02b24 and 84-780�0-SK.
B, Pursuai�t to state stahite and to tt�e extent permitted by law, Cotarado labor shall
be emplayeci #o per�'orm the Project fo the extent of not less than eighry percent (80°l0) of each
type or class of labor employed on sttch project; except for highway construction, w}�ich is
subject to C.R.S. § 43-2-2Q$, whicli provides that all laborers shall be bo�ta fide residents of
Colorado with a prefez•ence to residents of tlie County where tl�e Project is performed.
IX. Protection and Restoration of Propertx and Landscape; Hazardous 1�laterials.
A. Protection and Restoration of P��operty and Landscape.
l, The Contractor shall be respansible for the preservation of ali public and
private property and shal] carefi�lly protect from dish�rbance or damage aIl land and
property, as well as any monuments and property marks until the Procurement �fficer
has witnessed or athei�vise referenced their location and shall not remove them until
� directed.
. 2. The Contractor shall be responsible for all damage ar injury to properiy of
any character, during the prasecution of the Project, resulting from any act, omission,
neglect, or miscanduct in its manner or method of executing the Praject, 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.
il
Pitkin Caunty Facilities Management,485 Rio Crande Place,Unit 101,Aspen, CO 8i 611
970-92Q-57b3, 970-920-5285 Fax ar email:iack,�vheeler a�co.pitkuY.co.us
C011tcaCt�086.2012 Rev.011U6l2012 fri�6/Tl12js
Budget Liue Item#1 110.17,92817.86268,$286,000.00! 110.55.92855.862b8,$7G,830,00
3. When or where any direct or ind'u•ect damage or injury is done to public or
private property by or an account of any act, omission, neglect, or misconduct by tl�e
Contractor in tl�e execution of the Project,ar in consequence of the non-execution thereof
by the Contractoi•, it sl�atl restore, at its awn expense, such property to a condition similar
or equal to that existing before such damage or injury was done, by repairing, rebuildiixg,
ar otkerwise restoring as may be directed, or it shall make good such daniage or injui•y in
an acceptable mann�r.
4. Materials storage, equipment parking, velucle pariting and stockpiling
excavated materials shall be allowed only in thase areas designated by the Procurement
Officer. �
5. If the Contractor disturbs any of the tandscape t�ot called for reinoval, it
shall restore those areas as directec� by the Procurement Officer at the Contractoc•'s
expense. .
B. Hazarc�ous Materiais .
1. The County shall not be responsible for the cost of �nd the removat or
cleaniip of Hazardous Materials found in aiiy materials brought to ttie Project site, after
ihe Project site is turned over to the Contractor.
2. The Contractor skall pravide the Procurement Officer with a written
certification each time materials or equipment is brought anto khe Pro3ect site that sitch
materials or equipment do nat contain Hazardous Materials,
X. County.,.Work at the Project Site.
A. The County may perform other work related to the Project at the site by the
County's own forces, have othei• work performed by utility owners or let other direct contracts
therefor wluch sha11 contain terms similar to these. The Contractor shall perform anc� coordinate
its activities with otl�er contractors to avoid conflict and minimize diszllptions.
B. The Conti•actor shall afford each utility owner anci other contractor who is a party
to such a direct cantract (or the County if the County is pei-Forming the additional work with the
County's employees} proper and safe access to the site and a reasonable opporh►nity for the
inh•oduction and starage of mate�•ials and eqtiipment anc� the execution of st�ch 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 requu•ed to make its several parts come together properly
and integrate with such other work. The Contractor shall not endanger eny work of others by
cutting, excavating or otherwise altering thei�•work and will only cut or alter fheir work with the
writte�� consent of Procurement Offcer and the others whose woz•k will be affected. The duties
and responsibilities of Coi�tractor under this paragraph are for the benefit of such utility ownez�s
and other contractors to the extent that there are comparable provisions for tl�e benefit of the
12
Pitkin Cae�nty Facilities Management,485 Rio Grande Place, Unit 101,Aspen, CO 81G11
970-920-57fi3,970-92Q-5285 Fax or email:jacic.���heeler�co.pitkin.caus
Contract#1086.2012 � Rex 02/Obi2U12!„�6i7/12js
Bt�dget L'uie Item# 11U.1792817.86268,$286,000.00/ I 10.55.92855.86268,$76,830.00 '
Confractor in said direct contracts between the County and such utility owmers and other
contracfors.
G If any part of the Contractar's Project depends for proper execution ar results
upon the work of any stich other cantractor or util'ety owner(or the County), the Contractor shail
inspecf and promptly repoi�t to •the Procurement Officer in writzng any delays, defects or
deficiencies in such work that render it unavailable or unsuitable for such proper execution and
resutts. The Conti�actor's faiiure to repoi�t such conditions will constihite an acceptance of the
other�vork as fit and proper for integration with the Contractor's Project except for latent or non-
apparent defects and deficiencies in the otlier work.
XI, Changes in the Project and Use of Change Orders,
A. The Cotmty may, from time ta time, request changes in the scope of services of
the Cantractor to be perfornzed heretinder. �
1, The Procurement Off'icer shall issue a notiee informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposa! and
adjusted scheduie of�vork. The Contractor sliall s�tbmit a priced proposal for perfortiiing
, the proposed change in tize Project witl�in five (5) days af notice or such other time
�cceptable to both pai�ties. When #he Contractor and the County reach agceement on the
adjustmenfs to the Contract price andlor Contract time, and changes in the Project, such
adjustments shatl be p�omptly recorded in an executect Change Order,
B. All Contractor initiated change requests shall be submitted to the County and the
Frocu;•ement Officer in a letter or wriften notice with the reference notation"Contractor Change
Request". If the Contracfor: (i) receives a�ry oral or writfen instructions, directives or
interpretations of Contract Documents, or determinations fi•om the Procurement �fficer or, (ii)
identifies what it believes a�•e 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 P��oject; or, (v} becomes awa�•e of any other matter or circumstance wluch it believes wou[d
reqi�ire a cl�ange in the Contract Priee or Contract Time, the Confractor shall give the
Procurement Officer prompt written notice of such rnatters.
l. All Contractor change requests shall be dated, numbered sec�uentiallyt and
shall describe the action or event which the Contractor believes may require an extension
in time, price or ather modification. The Con#ractor 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 Cont�•act
fime,which it believes is appropriate.
2. Contractor Time Requirements.
a, With respect to orders, instnictions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Cantrac#, a Contractoa� change request shatl be subanitted before the
13
Pitkin County Facilities Management,485 Rio Gx•ande Place, Unit I01, Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email;jack.�vtteeler�cv.Uitkin.eo.us
Contract#086.2012 Rev.02/06/20121»r 6/7/l2js
Budget Line Item# 110.(7.928 i 7.86268,$286,OQ0.00/f 10.55.92855.8b268,$76,830.00
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 Conti•actor change
request shall be submitted before the conditions ai•e disturbed, but in no
event more than#en(10)cansecutive calendu days after the conditions are
first discove�•ed.
c. With respect to detays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, bL�t in no
event more than ten (10)consecutive calendar days therefroni. '
d. With respect to any maiters or circu�nstance w(uch the Contractor
believes would require a change, incli�ding delays, a Contractor cl�ange
request shall be submitted as soon as khe Contractor has knowledge of the
mattet• or circumstance, but in no event more than ten (10) consecutive
calendar days after the Contractor becomes aware of st�ch circumstance or
matter. �
3. S1Fbmittal Requirements and Waiver of Claims ,
a. If the Contractor does not submit a Contractor change request
�vithin the time required above, 1ny action by the Contractor related to
sttch order, directio�i, instniction, inteipretation, determination, design
enor 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 fime.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Procurement �fficer with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall also
contain a detailed exptanation, citing aIl applicable provisioiis in this
Contract, which suppoi�ts the Contractor change request. If the Contractor
does not submit its itemized proposal within tha time described above or
within such extension, which the Procuremenf Officer, in his/her
discretion may have granted in writing, it �vaives any claim for an
adjustment in the Contcact price or Confract time arising out of the act or
event described in the Contract change request,
c. If a Contractor change reyuest is denied by the Procurement
O�cer, in whole or in pa��t, 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.
f4
Pitkin County Facilities Maiiagement,485 Rio Grande Place,Unit 141, Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeler a,co.pitkiti.co,us
Contract#086.2012 Rev.02/06/20121m 6/7/12Js
Budget Line Item# l 10.17.92817.86268,$286,000.00/ I 10.55.92855.8b268,�76,830.00
XII. Warrantv and Guarantee; Tests and Inspections� Coi�rection Removal or Acceptance of
Defective Pra}ect Work.
A. Wairanty.
1. The Contractor warrants and gi�arantees to the Caunty that all Project work,
whether supplied, fiirnished, installed, provided, or performed by Contractor, a
subcontractor, or si�pplier,will be in accordance with this Cont�•act and will not he defective
and that all Project work shall be pei�fo�med in a skillfi�l and workmanlike manner.
Addiiionally, the Contractor shall warrant that all equipment whioh is incoiporated inta the
Project o►•any subsystem shall be new,free fi•om liens and defects in design,have clear title,
be fiee fiom faulfy maferials and worktnans}up,and shall confoim itt atl aspects to fhe te��tns
of this Contract, to the di�wi.ngs issued for manufachtre by the Conh�actor, and s�all be in
conformance�vith the those technical specifications provided in Section II (Scope of Work}
of tivs Contract and Conhactor's Proposal. Excepf where langer periods of warranty are
indicated for certain items, Contractor war�•ants Praject work, whether fiirnished, installed,
provided, perfoimed or supplied,by Confractor, a sitbcontractor or supplier, to be free fi•om
faulty materials and workmanship a�id that,each piece of equipment or any pai�t thereof
incorpoi�ated irtto the Project or any subsystem shall confoi-�n to tt�e aforementioned
wu�anty and guarantee provisions and be fi•ee fi�oni faiitire for a period of not less than One
Year fi•otn date of Final Payment. Landscaping replacement shall be warranted for rivo (2)
growing seasons.
2. With respect to all wai7anties, express or implied, from subcontractors,
manufachu•ers, or suppliers for Project work pe��foiYned and materials fui�islied under the �
Contract,tha Contractor shall:
a. Ohtain all wai7�anties that �vould be given in norinal conunercial
practice. To the extent that the s�ibcontractor's, manufaciurei•'s, or supplier's,
standard wa�ranty exceeds the minimum Couniy requuements as set foi�h in
this Section or elsewhere i�� this Contract, the subcontractor's,
manufacturer's,or supplier's standard wan•anty shati apply.
b. Require all watranties to be executed, in writing, for the benefit of
the County,if directed by the Procurement O€ficer;or
c. Enforce all warranties for the benefit of the County, if directed by the
Procurement Officer,
d. Assign all warranties and gua�antees in writing to th� Counry iipon the
request of the Cotmty. .
B. Access to Project. The Procurement O�icer and the Procurement Officer's
representatives, other r•epresentatives of the County, testing agencies and governmental agencies
with jurisdictional interests shall have access to the Project, at atty time for their ohseivation, .
inspecting and testing. Contractor shall provide proper and safe conditions for such access.
15
Pitkin County Facilities Management,485 Rio Grande Place, Unit 101,Aspen, C� 81611
970-920-5763, 97Q-920-5285 Fax or email: iack,�vheeler�co,�itkin.co.us
Conh'aCt#086.2012 Rev.U2/06/2012 Ln 6/7/12Js
Budget Line ttem� f(�.17.92817.862b8,�2&6,000.00/ 110.55.92855.86268,$76,830.00
C. Tests and Inspections.
l. The Contracfor shall cooperate witl� material testing persons and firms, and
for reguired inspectians, and compliance and approval tests foc• the work pei�'ormed by the
Contractor or its subcantractor.
2. If any laws, ordinances,iules, regulations, code or order of any pt�blic body
having jurisdiction requires any Project�vork (or part thereo� to spec'�f'ically be inspected,
tested or approved,the Contractor shall assume fiill.responsihility therefore,pay all costs in
connection therewith and fiunish the Procurement Officer tite t�equired ce��tificates of
inspection,testing o��approval. The Conti�actor 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 Proctireinent Offce�•'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 aizd approvals in addition to the above which are
required by this Contract sliall be paid by the Contractor (unless atherwise specified). The
County �vill canduct and pay for the confoirnance tests an materia[s installed in-place, and
the Contractor shaf t pay for re-testing of all failing and non-conforming materials thereafter,
� 3. All inspections, tests or approvals other than those required by la�vs,
ordinances; ilile, regulations, code, or order of any public body havuig jurisdiction sliall be
pei�foirned by arganizations acceptable to the Proctn�ement Officer.
4. If a��y Project work (inchiding tl�e �vork of others} that is to be inspected,
tested or appraved is covered witliout written concuiY•ence of the Procure�nent Officer, it
must be uncovered for obseivation. Such uncovering and testing �vhen required by the
Procurement Officer shall be at the Confractor's expense.
S. Neither obseivations by the Procurement Officer nor inspectioi�s, tests or
approvals by others shall i•elieve the Contractor from the Contractor's obligations to perfortn •
the Project in accordance with this Contract.
� D. Correction or Removal of Defective Work. If requu•ed by the Procurement Officer
or the County, the Contractor shall promptiy, as directed, either correct all defective Project work,
whether or not fabi�icated, installed or completed, or, if the Project work has been rejected hy the
Procurement Officer or tl�e County,remove it froin the site and a•epiace it with non-defective Project
work. The Contractor shall bear all d'u•ect, ind'u�ect and consequentia( eosts of such coiYection or
removal {including but not limited to fees and chu•ges of engineers, architects, attot�neys and other
professionals)made necessaiy thereby.
E, Coi7ection Periocl. If witlun one year a$er tlie date of Final Payment or such
Ionger period of time as may be prescribed by laws or by the tei7ns of any applicable special
guarantee i•eq��ued 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
16 "
Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.�vheeler�co.�>itkin.co.us
COtltt'�Ct#086.2012 Rev.02/06/2012 Gu 6/7/12js
Bt�dget Line Itein# 110.17.92817.8d268,$28d,000.00/ 110.55.92855.86268,�76,830.00
County and in accordance with County's vtnitten inshuctions, eitf�er correct such defective Project
work, or,if if has been rejected by County, remove it from the site and replace it with non-defective
Project work. If the Conhactar does not promptly{witlun seven(7)days from receipt)comply with
the#ec7ns of such ins#ructions, or in an etnergency where deiay�vould cause seriotts i�isk of loss or
dainage, the County may have the defective Project work coi7•ected or the rejected Projecf work
removed and replaced, and all direct, indirect and consequential costs of such removal and
replacernent (including but not limited to fees and charges of engineers, �chitects, attorneys and
otiier professionals) will be paid by the Cont��actor, Contractor sha[l also pay for any damage to
other Project work, other property, or person, which occtr�red as a result of the defective Project
work.
F. County' May Coi7ect Defective Work. If the Confractor fails within ten (10)
consecutive calendar days after written notice of the Procurement Officer or the County to proceed
to cor�•ect and to cor�ect defective Project work or to remove anci replace rejected Project work as
requued by the Procurement O#�"icer or the County in accordance with paragraph D of this Section,
or if the Conhactor fails ta perform#he Pibject work in accordance with the Conh-act Documenfs,or
if the Conh•actar fails_to compty with any other provision of the Contract Documents, the Counry
may, after seven(7)days'written natice to the Contractor, coneet and remedy any sucv deficiency.
In exercising•the rights and remedies under this paragt�aph the County sha(1 proceed expeditiously to
the extent necessaiy to complete coiY•ective and remedial action. The County may exclude the
Connactor from atl or part of the site, take possession of all or part of the Praject, and suspend the
Contractor's services related thereto, take possession of the Contractor's tools, appliances,
consttuction eqiiipment and machlnery at the site and incorporate in the Project ait materials and
eqttipment stored at the site or for which the County l�as 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 necessaiy to enable the County to exercise the rights
and i�emedies under this paragi�aph. All di�•ect; indirect and consequential costs of the County in
exercising such rights and remedies will be charged against the Contractor,and a Cliange Order will
be issued by the Gounty incorporafing the necessaty revisions in the Contract price, Such d'u•ect,
indirect and conseqtiential costs will include but not be limited to fees and cha�ges of engineers,
architects, attoi�neys 1nd other professionals, all court costs and all costs of repaie artd repiacement
of work of others destroyed or damaged by coiYection, removal or replacement of the Conti�actor's
defective Project work. The Contractor shall not be allowed an extension of fhe Contract time
because of any delay in pei�formance of the Project work attributable to the exe��cise by the County
of the County's rights and remedies hereunder.
XIII. Lic�idated Damages, It is the County's intent to complete this project no later than
12l31li2: Liquidated damages of $150.40 per calendar day shall be paid if projecf is nat
completed by that deadtine.
A. Ti�ne for Completion. Tt is hereby understood and muhially agreed, by and befween
the Contractor and the County, that the date of beginning Project work and the time of completion
as specified herein a�'e essential conditions of the Contract. The Confrackor agrees that said P�'oject
shall be prosecuted regularly, diligently, and at such rate of progress as will ensure coinpletion
within the time(s) specified. It is'expressly understood and agreed, by and beiween the Contractor
and the County, that the time{s) for compfetion of the Project described herein are reasonable
17 �
Pitkin County Facilities Managemezrt,48S Rio Grande Place,Unit 101,Aspen, CO 81611
97Q-920-5763, 970-920-5285 Fax or email:�ack.�vheeler ri�ca.pitkin.co.us
CO11tr�Ct#086.2012 Rex 02/06/1012Ini 6/7/12js
Badget Line Item# L 10.17.92817.862G8,$286,000.00/ 110.55.92855.86268,$76,830AU
time(s} for the completion of the Project, taking into consideration the avei�age climatic conditions
prevailing in the locaiity of fhe Project.
B, Time is of the Essence to the Contract. It is fiirther agreed tl�at 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. Lic�uidated Damages. Completion of the Project is of paramatui# impoi-�ance to the
County. If any portion of tl�e Project is not completed in accordance with any time extensions
gcanted by the Counfy, the Cottnty will suffer damage, the extent of wluch will be impi�actical and
exhemely difficult to estimate accut'ately. Therefore, as part of the consideration for executing the
Cantract, it is hereby agreed that the Contractor shall pay to the County the fiquidated damage
amounts specified in the Cont�act. Tlus pu-tictilar provision shall nat be consttl�ed as a penalty
upon said Contractor for failing fuIiy to complete said Project as agreed in the Proposal and this
Contcact nor is it intended, but as Liquidated Damages to compensate the Couuty for all costs
incui�ed as a result of such bc•each of Contract.
D. Delays in Project Completion of Constritction Phase. Subject to the terms of
"Excusable Delays", as contained 'ui p�agraph E of tlus Section,the Contractor expressly agrees to
pay the Cot�nty as a reasonable estimate of just compensation foi• d�iages contemplated with the
clause, the ainount set forth as liquidated damages for each consecutive calendar day that
comptetian is delayed in the constzl�ction of tlie Project,
E. Excusable Delays- Force Majeure. If,by reason of Force Majeure,any pai�fy hereto
sl�all be rendered unable wholly or in pat�t to caixy out its obligations tmder this Contract then s�ich
party shall give notice and fiill particulars of such Force Majeure in writi.ng to the other p��ty within �
a reasonab(e time after occui-�ence of the event ar cause relied upon, and the obligation of the pu-ty
giving sEich notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance af the liability then claimed, but for no longer period, and any stich party shall �•emove .
or avercome such inabili#y with ail reasonable dispatch. The teim Force Majeure as employed
herein, shall mean acts of God, strikes, lockouts, o�• other indush•ial disturbances, acts of public
� enemy, orders of any kind of the Govei7unent of the UniEed States or the State of Colorado or any
political subdivision, except the County, or any civil or militacy authority, insui7ection, ��iots,
epidenucs, landslides, lightning, eac-thquakes, fues, hutricanes, stoims, flaods, washouts, droughts,
airests, restraint af govei�runent and people, civil dish►rbances, explosions, breakage or accidents to
macfunery, pipetines, or canals, or other causes not reasonably within the control of the pa�-ty
claiming such inability. It is understood and agreed that the settlement of strikes and lockauts shall
be entu•ely within the discrefion of the party having the difFiculty, and that the above �•equuement
that any Force Majeure shall be remedied with al] reasonab[e dispatch shall not requue the
settlement of strikes and lockouts by acceding to the demands of the appflsing party ar pat�ties when
� such settlement is unfavorable to it in the judgment of the paz�ty having the difficulty.
F. Cumulative Remedy. Tl�e liquidated tiamages referred to he��ein are intended to be
and a�•e cumulative and shall be in addition to every other re€nedy no�v or hereafter enforceabte at
Iaw,in equity,by statute,or under Contract.
. 18
Pitkin County Facilities Management,485 Rio Grande Place, Unit 101,Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email:jacic.�vlieeler�co.pitkin.co.us
, ._..�PIfYWM .,m_f:.,..�.,...u_..w«v................ ...._..:...>.. _..... .
Contract#086.2012 xe,�.02/06/2U121nr 6/7/12js
Budget Line Item# I 10.i7.9281'1.86268,$286,000.00/1 t0.55.92855.86268,$76,330.00
XIV. Tei�nination of Contract.
A. The Cotuiry may terminate this Contract upon the occurcence of any one or more of
the following events:
1. If the Contractor conunences a voluntary case tuider any chapter of the
Bankniptcy Code (Title II, United States Code), as now or hereafter in effect, or if
Contractor takes any equiv�ient or similar action by filing a petition or othenvise undez�any
other federal or state law in effect at such tune relating to the bankil�ptcy ar insolvency;
2. If a petition is filed against Contractor under any chapter�of the Bankiliptcy
Code as now or herea#ter in effect at the tune of filing, or if a petition is filed seeking any
such ec�uivalent or similar relief against Contractor under any other federal or state Iaw in
effect at fhe time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of c�•editors;
4. If a trustee, receivec, custodian or agent of Contractor is appointed under
applicable law or under Contract,whose appaintment or authority to take charge af property
of Contractor is for the puipose of enforciug a Lien against such property or for the pu�pose
of general administration of such property for the benefit of Contractor s creditois;
. 5.� If the Conh•actor persistent[y fai[s to pei�form the Project in accordance with
this Contract inctuding but not limited to, faihire to suppty sufficient skilled workers or
suitable inaterials or equipment or failure to adhere to the work schedule established in tlus
Contract;
6, If the Contractor disregards laws, ordinances, �1i[es, regulations, or orders of
any public body having jwisdiction;
B. Termination Prior to Expiration of Contract Term, The County has the right to
ternunate this Cantt�act, with or without cai�se, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shaEl be given at least ten (10)
days before the effective date of such termination. In such event all finished or unfinished
documents, data, shedies and reports prepared by the Contractor pursuant to this Contract shall
become the County's propei•ty. Contractor shall be entitled to receive compensation in
accordance with the Contract for any satisfactoiy Project work completed pursuant to flie terms
of this Contract prior to the date of termination. Notwithstanding the above, Confractor shall not
be �•elieved of liability to the Caunty for damages sustained by the County by virtue of any
breach of the Contract by the Contractor.
XV. IndeUendent Contractor Status.
A. The pacties to this contract intend fhat the relationship between them
cantemplated by the contract is that of independent contractor. Contractor, and any agent,
19
Pitkin County Facilities Management,485 Rio Grande Place, Unit 101,Aspen, CO 81611
970-920-5763,970-920-5285 Fax or email;,iack.wheeler(c�co.pitkiu.co.us
Contract#086.2012 Rev.02/06/?012!nr 611/12js
Budget Line Iie�u# 110.17.92817.862G8,$286,000.00/110.55.92855.86268,�76,830.00
employee, or servant of Contractor shall not be deemed to be an employee, agent, or seivant of
Pitkin Couuty.
B. Cantractar is not required to offer his seivices exciusiveiy to Pitkin County under
fhis contract. Contractor may choose to �vork for other individuals or entities during the term of
this contract, provided that the basic seivzces and deiiverabie prodt2cts reyuired under tlus
contract are subtnitted in the manner and on tl�e schedule defined under this contract.
C. Contractar waixants that all work produced wilt conform ta all applicable industiy
standard of caz•e, skitl and diligence in the perfo��tnance of Cantractor's obligations under this
contract.
D, Contractar shall not attempt to oversee or supeivise the work or actions of any
Pitkin CotEnty employee, servant or agent in the cauise of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensatioii benefits through Pitkin
County and is responsible for payment of auy federal,state,FICA and other incame taxes.
F, Tf�e Contractor shall be requu•ed to complete and subnut to the County, a Form W-9
Ta.cpayer ldentification Number Request.
XVI. Comntitatian of Time.
A. When any period of time is refeired to in this Contract by days, it will be coinputed
to exclnde the fu•st and include the last day of such pei�iod. Lf the last day of any such period falls on
a Saturday or Su�iday�or on a legal holiday,such day wilt be onufted from the computation.
B, All times stated in this Contract are of tl�e essence.
XVII. Records and Cost Pricin�Data.
A. The Contractor shall maintain in a safe place af the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Cllange Orders, Project Directive
Changes, �ield Oeclers and written inteipretations and clarifications in good order and annotated
and updated weekiy to show all changes made during consriuction. These record documents ,
together with atl approved samples will be available to the Procurement Officer for reference.
Upon completion of the Project, these record doeuments and samples will be delivered to the
Procut•ement Officer for the County.
B, The Contractor sl�all maintain aIt data and records pertinent to.the Project pei�formed
under this Contract,in accordance with generally accepted accounting pruiciples,and shall preserve
and make available all data and records untii the�expiration of three(3)years fi�om the date of�nal
payment tinder this Contract,or for such ionger peiiod,if any,as is required by applicable statute or
by other articles of this Contract. The Caunty shall h�ve access to all such data and records for sueh
time period to inspect, audit and make copies thereof during noimal business kours. The Contractor
covenants and agrees that zt shall requu•e that any subcontractor utilizea in the pet�fo:Ynance of this
20
Pitkin County Facilities Manageinent, 485 Rio Grande Place,Unit 10I,Aspen,.CO 81611
97Q-920-5763, 970-920-5285 Fax or email:jacic.�vheeler a,eo.pitkin.co,us
Contract#086.2012 Rex 02/06/2011 ku 617/12�s
Budget Line Item# 110.17.92817.86268,$286,400.d0/l l0.55.92855.86268,�7b,830.00 �
Contract pernut the authorizecl representatives of the County to similarly inspect and audit a(1 data
and records of said su6cont�•actox•s relating to the perfoirnance of said subconh•actors i�nder tlus
Conti�ct for the same time period.
C. If this Conhact is completely or partially tetYninated, the recoi�ds relating to the
Project ternunated sl�all be fnade availahle for tl�ree (3) years after any resultu�g fnal termination
payment. �
D. Records pertaining to appeals or to litigation or tlie settlement of ciaims arising
� under or relating to tl�e performance of this Contract. shali be made available until dispflsition of •
such appeats,litigation,or claims.
XVIII. Miscellaneous.
� A. Assignability, This Conti•act is not assignable by either party. Any i�se of
suhcontractors by the Contractor for performance of tlus Contract must be accepted in�vriting by
the County.
B. Binding Arbitration. Any disputes arising otit of tlus Contt�act shall be subject to
binding arbitration. The pa�-ties agree that any disptites concerning the terms and conditions of
this Contract shall be submitted and finaIly settled by arbitration. Arbitration shall be conducted
pursuant to the rules of tlie American Ai•bitration Association and sY�all be presided over by the
Pitkin County Helring Officer appointed to arhih�te Pitkin County Cantract disputes. Costs of
the arbitration shall be awarded to the substantiatly 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 unenforceabiiity flf such term,
sectioxl, or othec provision shall nat affecf any of tlie remaining provisions of this Contract, and
to this end,each ter►n, section at�d provisian of this Contract shalt be severable.
D. Integration and Modification. Tlus Contract represents the eutize and integrated
Contract between the County and the Contracfor and supersedes all prior negotiations,
represenfations, or Contract, either written or o�•al. This Contract may be amended only by wriffen
Contract signed by both the County and the Contractor. �
E. Contract Made in Colorado. The pa�•ties agree thaf this Cont��act 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 cout�ts of Pitkin County, Colorado.
I
F, Attorney's Fees. In the event that Iegal acfion is necessary to enforce any of the
provisions of this Contract including the arbitration described in this section, the substantially
prevarling party shall be entitEed to its costs and reasonable attorney's fees.
G. Governmental Irrununity. Contractox•agrees and understands that Pitkin Caunty is
relying on and does not waive the monetary limitations or terms or any other rights, immunities,
and protections provided by the Colorado Governmenta! ImmuniTy Act, 24-IO-101, et se�,,
21
Pitkin County Facilities Management,485 Rio Grande Place, Unit 101,Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or emaii:jacic.�vheeler�co.pitkin.co.us
Contr�Ct#08b.2012' Rev.0?/06/2012 lin 6/7/f2js
Budget Line Item# 110.17.92817.86268,�u286,000.00/110.55.92855.86268,$76,830.04
C,R.S., as fictm time to time amended, or otherwise available to Pitkin Counry ar any of its
officers, agents ox•employees. Fui-��er, nothing in this Coittract shall be constnted or intei�reted to
rec�uue or provide for indeinnification of the Contractor by the County far any injury to any person
or any property datnage whatsoever which is caused by tl�e negligence or ather�usconduct of the
County or its agent ar employees.
H. Current Year Obligatians. The parties acknowledge and �gree thaf any payments
pa•ovided for hereunder or requirements for fizh►re appropriations shall constihite only cuirently
budgeted expenditures of Pitkin County. Pitkiu County's obtigations under this Contract are
stiibject to Pitkin Caunty's annual right to budget and appropriate the stzms necessaty to provide
the services set forth herein. No provisions of the Contract shall constih►te a mandatory cllarge
or requirement in auy ensuing fiscal year beyond the then cui�rent fiscal year of Pitkin County,
I, Notice. Any notice required by tlus Contract shall be deemed delivered thi•ough
either of the following: (1) hand delivery to the person at the address below or (2) by certified
first class mail,postage p►•epaid, return receipt requested addressed as fallo�vs:
i. ' Pitkiu Co�mtv �vith copies to:
Jack Wheele►�,Faciiities Project Manager Pitkin County Attorney's Office
485 Rio Grande PI#101 530 E.Main Street,#302
Aspen,Coloi�ado 81611 Aspen,Colorado 8161 I
Fa�(970)920-5285 Fax:(970)920-5198
2. Contractor:
Spencer Boothe
Flameout Fire Protection Inc.
PO Box S6
Sno�vmass GO 81654
Fax (970)-927-3817
J. Waiver. No waiver by either party of any right, tetm or condition of this Contract
shall be deemed or cansh-�ied as a waiver of any other right, term ar condition, nor shall a waiver
of any breach hereof be deemed to consfihite a waiver of any subsequent breach, whether of the
same or of a different provision of tlus Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Conh�actor makes the
follawing rep�•esentations:
I. Contcactor has familiarized himself with the nah�re and extent of this
Contract, Praject, lacality, and �vith all Iocal conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
22
Pitkin County Facilities Management,485 Rio Grande Place, Unit 101,Aspen, CO 81611
R70-920-5763, 970-920-5285 Fax or email: iack.�vheeler��co.pitkin.co.us
COnh'TCt�086.2012 Rev,07/06/10I2 6ir 6/7/lZjs
Budget Line Itetn# L 10.17.92817.86268,$286,000.00/ 110.55,92855.56268,$76,830.00
2. Conhactor l�as carefully studied the site and has performed a(1 necessary
investigations, tests, and subsurface investigations to define the latent physical canditions
of tlie construction site lffecting cost,progress, or performance of Project.
3. Contractor has made or caused to be tnade exarninations, investigations,
and tests and studies of such reports and retated data as it deerus necessary for the
performance of Project af the Contract price, within the Contract time,and in accordance
with the other teiYns and conditions of this Contract; and na additional examinatio��s,
investigations, tests, reports,or similar data are or will ba required by Contractor for such
purposes.
4. Contractor has correlated the results of all such observations,
examinatians, investigations, tests,reports and data with the terms and conditions of fhis
Contract,
5. Contractor has given P�•ocurement �fficer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Conh�act, and the wriften resolution
thereof by Frocurement�fficer is acceptable to Contractor.
6. By executing this Contract, the Contractoe represents thaf it has visited the
site, familiarized itself with the local conditions under which the Project work is to be
pei�formed (including weather conditions which can be expected), and correlated its
observations with the requirements of this Contract.
7. The undersigned representative of Contractor represents tliat it is an
authorized representative of Contractor for the puiposes of executing #his Contract and
tllat it has fi�ll and coniplete authority to enter irito this Contract on behalf of Contractor,
XX. Counterpai�ts. This Contract may be,executed in multiple caunteiparts, each of which
shall constitute an origina[, but all of which shall constitute one and the same doct�ment.
XXI. Pu61ic Contracts for Setvices and Public Contracts with Nahiral Persons. In couformance
with tt�e provisions of C.R.S. § 8-1'7,5-IOI and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CON`TRACTS FOR SERVICES. CRS §8-17.5-101. [NotAppJicable to ag��ee�rte�rfs
relafing!o llre offei; issurrnce, or sale of securifies, investmejtt advisoi y services or fcrnri
mnnnge�rtettt services,sJ�or�sorerl projects, itrtergoverrus�enta!ag��eefrrerrts, or��rfa�matJo»
tec/t�rology services o��prodt{cls at�d services] Contractor certifies, wa►�ants,and agrees fhat it
does not knowingly employ or contract with an illegal alien who will perform work ttnder#his
contract and will confirm the employment etigibility of ail employees who are newly hired for
employment in the United States to perfoi�n work under this contract, tl�•ough pai�#icipation in
the E-Verify Program or the Depai�tment program established pursuant to CRS §8-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien ta perfortn
work under this contracf or enter into a contract with a subcontractor that fails to certify to
23
Pitkin County Facilities Managetnent, �€85 Rio Grande Place, Unit 101,Aspen,CO 81611
970-920-5763,970-920-5285 Fax or email: iack.�vheele�•�co.pitkin.caus
Contract#�086.2012 Rev.Ol/06/20!?bn 6/7/12�s
Budget Line Item# l 10.17.92817.86263,$286,0OO.OU/ i f 0,55.92855.8G268,$76,830.00
Contractor that the subcontractor shall not knowingly employ or contract with an illegal aliet�to
perform work under this cont�•act. Contractor{a) shatl not use E-Verify Program or Department
program pcocedures ta�tndertake pre-employment screening of job applicants while this contract
is being performed, (b)shall natify#he subcontractor and the cont�acting 5tate agency witlun
tlu�ee days if Contractar has actual knowledge that a su6contractor is employing or contracting
with aci iliegal alien for work under this contract, (c) shall te��minate the subcontract if a
subcont�•actor does nat sfop employing or contt•acting with the illegal alien within fl�ree days of
receiving the natice,and (cl)shall cainply with reasonable reguests made in the course of an
investigation, undei�taken pu��suant to CRS §8-17.5-102(S), by the Colorado Department of Labor
and Employment. If Contcactor pai�ticipates in the Department program, Contractor shall deliver
to the contracting State agency, I��stihition of Higher Education or political subdivision a written,
nutarized affirmatian, affirming that Cont��ctor has eYatnined the legal work status of such
employee,and shall comply with all of the other requuements of tl�e Depai�tment program. If
Contractor fails to comply with any requueinent of this provision or CRS §8-17.5-101 et seq.,
the contracting State agency, instihition of lugher education ar political subdivision may
terminate this contract for breach and, if so terminated, Conh�actor shall be liable for damages.
PUBLIC CONTRACTS WITFi NATURAL PEI2SON5. CRS §24-7b.S-141.Contractor,if a
nafural person eighteen{18)years of age or older,hereby swears and affic•ms under penalty of
peijury that he or sl�e(a)is a citizen or otherwise lawfiilly present in the United States pursuant to
federal law,(b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced
one foim of identification t•equired by CRS §24-76.5-103 prior to the effective date of this contract.
24
Pitkin County Facilities Management, 485 Rio Grande P(ace, Unit 101,Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email:„jack.wheeler c�,co.pitkin.co.us
Contract#08b.2012 Reu Ol/D6/20/2 h�i 6/7/l2js
Bttdget Line Item# 110.17.92817.862GS,$286,000.00/1 t0.55,92855.862b8,$76,83Q.00
A.DDENDUM.
Exhibit A: Flarneout Fire Protection Proposal Dated August 2,2012.
iN WITNESS WHEREOF,the paa•ties have executed this Contract as of the date first set oi�t
herein above.
CONTRACTOR
Flameo Fire Protection Inc,
By: �
Nam Title
Date �
pTTI{IN COUNTY,COL�RADO
MANAGER APPROVAL: ECTION APPROVAL:
� �
��1 r2.._.� � �,� �i ����l� � �
Jan eacoc , County Manager Date Phylis ttice,Asst Caunty 1VUigr. Date
MME ED FOR APPROVAL: '
4. i3. i2 ,
, Jacl �eeler Pitkin ounty PM Date
� - 3��2_
Jodi Smit nty Facilities Manager Date
25
Pitkin County Facilities Management,485 Rio Grande Place, Unit 101,Aspen, CO 81611
970-920-5763, 97Q-920-5285 Fax or email:�aek.wl�eeler��co.pitkin.co.us
� FtAMEOUT FIRE PRaTECT10N,(nc. ��j������ p,o.Box 56
Sno�mtass CO 81654
Fhone j970)927-4933
Fax(970}927-3817 •
August 2,2012
Pitkin County
485 Rio Grande Place Unit 101 �
Aspen,CO 8I G I 1
Attn:Jack Wheeler Jr
RE:PITCO Court House
FIRE PROTECTION
-Bid price based on fire sprinkler design plans:03/26/12,RFP dated:7/t2
-Add additiona!fire sprinklers and piping to an existing commercial building
-Bid based on installa#ion of f�re sprinkler system to accommadate dropped ceiiing areas,attic areas,l�ard ceiling
Areas(per plan layout)
-Bfd based on sprinkler piping being ail exposed Svith limited p�ping conceaIment(per plans and
walkthrough)
-Pravide an antitreeze loop in aff{c area(as per plan layout)
-Fire sprinkier system will be installed in accordanca with I�[FPA i3 and applicable local codes ,
-Fire sprinkler system wili be designed and calculate�by a MCET 4 designer
-Fire sprink}er system�vil1 be installed in steel pipe and�ittiags
-Fire sprinklers wilf be standard uprigfit,pendent and sidewall sprinklers(brass finish in concealed spaces,chrome
trirn in finished spaces)
-Plan design/plans/caiculation/materiai submiriat
-Permit/plan review
-J.abar �
-Price based on nu►ning sprinkler piping exposed under or around duct work soffits with limited aux.drain points
-Fire sprinkier system witl be a wet type on garden level and main level '
-Fire sprinkler systerri will be an anti&eeze iype system in attic areas and 2"d[eve!
-Antifreeze solutton will be a glycerin based system with a max.of a 48%concentrate(approx.-21�
-Antifreeze installation�vi!!be per ne�v regulations set forth by NFPA,DFS and Fire Marshafl
-Backflativ preventer,riser,famper switcl:es, fio�v switches at antifraeza loop
-Installation of components necessary for code compliance,inclnding signage vaive tagging
-Over see other h'ades work{Underground water service�vork,demo and patch�vork to facility,alarm work)
-Provide scaffolding,pianking!insulation removal and reinstall in attic .
-Provide bonding for job(performance bonding). Bonding wiIt be for the full amount oPproject
�'�NOTE'�X Total access fo structure will be needed,full access to attic space will be needed
EXCLUSICINS
-No fire pump or water storage tanks �
-No alarm�vork in buitding
-No alarm devices,wiring of any kind
-No system monitoring
-No fire extinguishers
-No additionai insured coverage,subrogation
-No standpipe systems or hose stations �
-No painfing of axposed Cre sprinktcr piping/fittings.
-No�ire sprinkler piping to 6e ran througI�ar+y ducf work soffits
9/.
�:f�^J�.luJV��C�,
BTJILDII�G SERVICES
- Install room protection fo eacli roocn that is being�vorked on eacli day and removai of protection
- Demotition: Driil ail holes tl�ru walis,floors etc,for f re sprinkler piping
- Frame/drywall;Frame approx..SOLF of soffit,dry�vall,tape and iexture to match existing. Maks aay minor
repairs as needed to the dry�vail
- Remove and reinstall cabinets after sprinkter piping is insta[led
- Patch carpet back ut around fire sprinkler riser piping at each floor
- Paint all so�ts and touch-up paint throughout the building where fire sprinkler piping wili be instailed(as
needed) .
- Asbestos Testing:Provide 8 c4re sampies#'or asbestas testing*�SEE ALLOWANCE PRTCING
BREAK4UT BELOW ASBBSTOS ABATEMENT**
EXCLUSYONS:
- No removal of buiiding materiafs and replacement of building materials for duct�vork soffits
UNDERGROUND WATER SER'VYCE ,
- Provide installation of a 6"underground�vater.service for�ire sprinkler system in court house
- �Undarground piping witl be insEailed per NFPA 24 and applicable Iocal codes
- Underground piputg installation will be inshatled per plan dated;3/26/12
- �SlBb removai aad replace(interior in mech,room)
- Street cut and patch ,
- Mobilization ,
- Remova and repface brick�valk and curblgutter
- Rebuild and replace landscape
+limited tree removal if necessary (to Ue by others)
- Utility crossing!location
�Will need PITCO input on fber optic underground locations
CJNDERGROUND EXC�.USIONS:
- Tap,tie-in vatve and saddle onto city water main(by others)
x'�NOTE�*QuanEities are estimated,pay application to be based on actual quantities
xxI�IOTE*x Chaages�vil!be based on a time and material basis or agreement
'�'�NOTE*�Rock Clause;Rocks larger tl�an 2"diameter to be based on time and maferial
�*NOT��*Bid based on fa�orable,nonfreezing,non-rainy weather
X�NOTE"X S�E ALTERNATE UNDERGROUND PRICNG BELOW
TOTAL COUR'�HOTJSE BID PRICE; 240,000,00 '
Z�
PRICING ALLOWAHCES: �{ ���
OPTION#l: AsbesEos Abatement;$10,000.00
OPTION#z: Cfeaning and Painting of atl fire sprinlcler piping and touch-up(flat blacic}:�5,00a.00
. ' - Cleantng and painting�vilt be offsite
- Painting of pipe only appiicable for exposed fire sprinkler piping lowe�•IeveU main level
only
OPTXOPd#3: Provide an alternafe route for undergraand fire service main and fire�vater serv)ce main in
b�ilding
- Instatiation of underground 6"main to inside North�►vest corner of building(iower leve!)
*"NO'I'E**All inclqsions,exclusions,nafes from above water entry breakout will apply
- Insfallation of 6"�vater servite exposed/overhead on iower Ievel from NW corner of
bvtlding t��re entry roont running alang affices 02B,02C to mech./fire entry room
- Installation of exposed fire service wiil be tted as possible ta cef[ing and giass windows
- This insfallation is an alteroafe to numerous undergr�ound commun3cation ilnes between
court house and Jai!
OPTION#3 ALLOWAIVCE PRICE: $33,500.00 XxNOTR,xx If tlais opfion is used you would save approx.
�7,500.Q8 from totai Courf Hause main bfd price
OPTION#4;Aiarm Work
- Commerc➢al Specialists ivas nnable to pravide pricing therefore an atlowance witl be
submifted
- Pre wire,conduit insfallation,ready cond[tion for Commercial Specialist to wire to
existing alarm sysfem and set fheir devices
OPTrON F€4 ALLOWANCE PI2.iCE: $5,000.00 '
ALT�RNATE#1 (Addendum#086.2012A)
Public Works Adm3n#stration Building
FIRE PROTECTION
-Bid price based on p[ans dated 3(17I89 and Addendum#1086.20I2A �
-Add additional fire sprinkters attd piping to an existing commercial bui[ding(approx..7,770sqft)
-Bid based on instatiation of fire sprinktec system to accammodafe dropped ceiling areas and ceilings exposed to
strucfure
-Bid based on sprinkler piping being aIl exposed�vith limited piping concealmenf above drapped acousticat
ceilings in oftice areas(per plans and walkfi►rough} .
-Fire sprinkler system will be instailed in accordance�vith N1�PA 13 and appticable[oeal codes
-Fire sprinlcler system will be designed and calculatad by a NICET 4 designer
-Fire sprinkler system wi11 be installed in steel�ipe and fittings
-Fire sprintciers will be standard upright,pendent and sidewali sprinklers{brass finish in conceated spaces,chrome ;
trim in finished Spaces)
-Pian designlplans/caiculation/material submittal
-Permid ptan revietv
-Labor '
-Price based on running sprinkler piping exposed under or around duct work soffits with limited aux,drain points
-Fire sprinkler system wilt be a weE type system through out(No antifreeze or dry type systems)
-Backflow preventer,riser,tamper stivitches,flow switches '
-Instaltation of components necessary far eode comp}iance,ineluding signage valve tagging
-Over see other trades wortc(Underground water service work,demo and patch�vork ta facility,alarm�vork)
-Provide scaffolding,planking as needed
-Provide bonding 1'ar job{performance bondtng). Bonding for this scope of tvork will be separate from
Court House I3ond
Z�
� �� �
""NOT�*x Total access�to sfructure�vill be needed,full access to aftic space�vili be needed
'�xNOTE*�Adequate per�nanent heat sources�vilt need to be provided throughout building
EXCLUSIONS
-Nv fire pump or�vater storage tanks
-No alarm work in building
-No alarm devices,�viring of any kind
-No systsm monitoring
-No fire extinguishers
-No additional insured coverags,subrogation
-No standpipe systems or Itose stations
-No painting of expased fire sprinkler piping/fittings �
-No�re sprinkler piping to be ran fhrough any dact wo►•k soffits
-No freeze protectton,no temp or permanent heat sources
BUILDWG SERV[CES
- Install room protection to each room tl�at is being�vorked on each day and removai of protection
- Demolition: Drill all holes thru walls for fire sprinkler piping{as needed)
- Remave and reinstall remova!ceiling tile as needed for t'ire sprinkler instaliation
- Remove and reinstali cabinets after sprinkter piping is installed
- Patch sheetrock,paint,ete,as needed
EXCLUSIONS:
- No remova!of building materials and replacement of buiiding materials for duct�vork soffits .
- No asbestas abatement
UNDERGROUND WATER SERVIC�
- Provide installation of a b"underground�vater service for fire sprizilcler system in admin building
- Underground piping wilf be�nstalled per NFPA 24 and applicable tocal codes
- Underground piping installation will be installed at predertermined location in shop area
- Slab removal and reptace(interior shop area)
- Sireet cut and patch
- Mobilization
- Utility crossing/location ,
U1�IDERGROUHD EXCLUSIONS:
- Tap,tie-in valve and saddle onto city water main(by others}
- Underground�vater main loeate
*xNOT��"Quantifies are estimated,pay applicatIon to be based an actual quantities
*'�NOTE�n Changes ivili be based on a time and material basis or agreement
**NOT'E**Rocic Clause.Rocics Iarger fhan 2"diameter to be based on time and rnateriai
%*NOTE�*Bid based an favorable,nonfreezing,non-rainy weather
xxNOTE'�K Underground�re service install�tfon based on main underground water suppiy being in close
proximity to building being sprinkled
TOTAL ALT�RNATE#1 TiTD PRICE; $'13,830.U0
2`�
�..� _. _ _... -- - _
� � � . ���.BI'� A
OPTTON#�:Alarm Wor[c(Addendum#086.Z012A)
- Commercial Speciaitsfs►vas unable fo provide pricing therefore an allotivance will be
submitted
' - Pre wire,conduft instatlatfon,ready condition for Cmnmerciai Specialist fo wire to
exisfing afarm system and set fheir devices
QP'I'10N#1 A�LOWAIVCE PRICE: $3,Q00.00 '
x�PRICE VA,LID F R 30 days�'�
Z Flameouf Fire Protection,Tnc,
Signed: ,Date; � Z I ( )
Signed: ,Date: (Pifkin County Rep)
3a
Contract#08b.2412 ������ �
Rev.8.26.t 1 jaa
Budget i,ine Itein# 110.17.92817.86268
�����
���.�°��
---__ ���c�� --�--- . .
PROPOS,AL FORNX
Proposal Time: 11:00 AM iV.[ST .
Proposal Dat�: August 2,2012
Prom: �A i�' ��' i E
�
.t�, ,�x� �a Cca S1lQ
P one 470-`t2.�-�l Fax ?D- 7 -3
�E-mail Address:Sr�e.,,�e1z(J F4a,n.���r:���,�c�er
To: THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
� c/o Jack Wheeler,Pitkin County Facilities Project Manager �
48S Rio Grande Place Unit 10 t
Aspen CO 8161 i
For: Pitkin County Courthouse Fire S�rink[er Project �
506�.Main�t.
.Aspen CO 8161�
Pursuant to a request by the Pitkin County Commissroners, the undersigned 1'roposer having
examined this Request for Proposats (RF�'), including the site of the proposed Project and
being familiar with conditions sarrounding the construction of the proposed Projeet,
including the availability of materials and labor hereby proposed ta furnish all labor,
materials, supplies, bonds, permits, services and supervision required to perfarm the Project
for the project identified above and tisted below and as detailed in this RFP for the sum of:
Considerations for work:
i. VVork in the Courthouse must ba performed withont disturbing the courts operations.
2. Schedules must be coordinated with the Courts schedute.
3. Most work will have to be done during non-business hours. ,
4. These 6uildings contain law enforeement and Cour� operations 7 days per week and
may impact schedule at times.
5. This is to 6e a comptete project contraetor is responsible for all work including
excavatian, water tap, street cut and patch, carpentry, drywall, and gaint everything
required for a eomplete installation,
6. Contractor will be responsible for any asbestos testfng and mitigation required for
permit.
7. Please include Altemate pricing for all options shown on plans and speci�cations.
�)
Contract#086.2012 ���`� `° Rev.8.26.I l jaa
Budget Line Item#110.17.92817.86268
t
The lump sum of � � �d�` �� Dallars($a`�d�� )
L�s� r�p�w�� N � n s ,
The project will be comp eted wit in Cn o? working days of initiating the Project.
Description:
Please attach a detailed Scope of Work.
Statement and Detailed Approach to Project: See,1�1�rac��
Proposed project timeline: SC�: A-�t��t,�
Proposed Payment Scheduie: ee �-{�r�S�
� Qualifications of Proposer: � �-}����
Pfease insert names address, phone numbers and description of similar Project for Reference
Checks.
1.
2.
3.
QUALIFICATIONS�F PERSONNEL �
�
3Z
Contract#086.2012 ����� � Rev.8,2G.!i}aa
Budget Line Jtem 1# 114.17.928 t 7.8G268
Please list assigned personnel and their quatifications $P_C ¢��A�C�
1.
Qualificatians:
List of similar Project performed:
Reference Name,&Phone Number:
2.
Qua(ifications:
List of similar Project performed:
Reference Name, &Phone Number:
3.
Qua(ifications:
List of similar Project performed:
Reference Name, &Phone Number: .
!
33
Contract#086.2012 � a���� Rev.8.26.(1 jaa
Bndget Line Ttem# i i 0.17.928!7.86268
It is further understood that the right is reserved by the Counfy to reject any and�all proposais
and it is agxeed that the proposals may not be withdrawn for a period of ten (10) days from
speci�ed time for receiving proposals.
The Proposer acknow(edges receipt of Addencfa Nos.��o•�1Lt9
The right is resetved fo svaive an�informalities and fo reject any Proposai.
(�`ypeJPrint name under atl signatures)
Dated this Z day of l�t1;�JS� , 2412
(Cozporate seal) PROPOSER;
����f�U'� �,>.�s;��I-f�H1+�L l�r�PR�-��-
��.� ����
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer
should be signed by an of�cer, i.e. President or vice-president. The signature of the afficer
signing shall be attested to by the secretary and properly seaEed. If the proposal is being
submitted by an individuat or a partnership, the proposal shall so indicate and be properly
signed.
(Attacl� a Separate Sheet fox Suggesfed Cost Savings Alternatives)
(
�'
s�
. ►�
Alpin¢ Bank
EI Jebel - Willits
REQUEST FOR LETTER OF CREDIT/REIIVIBURSElVIENT AGR�j�I�!I��, Road, suite �o�
Basalt, Colorado 81621
970-927-3653
Fax 970-927-3708
Date of Issue: September 10,2012
Amount: $181,415.00
Number: 5260310633
Expiration Date: December 31,2012
A1'PLICANT: Flame Out Fire Protection,Inc.
BENEFICIARY: Pitkin County Board Of County Commissioners
PURPOSE: Fire Sprinklers At Pitkin County Courthouse
This indenture is made and entered into this September 10,2012 by and between Alpine Bank
' Willits and Flame Out Fire Protection,Inc.
WIT'NESSETH:
Whereas Paul Stanley Boothe and Nancy J.Boothe are officers of Flame Out Fire Protection,
Inc.this application for Letter of Credit is for the purpose of complying with the requirements of
Pitkin County Board Of Commissioners. For good and valuable consideration,Flame Out Fire
Protection,Inc. agrees as follows:
1. To pay a one half percent loan fee to the Bank for each year or portion thereof in which the
Letter of Credit remains in effect. If the amount of the Letter of Credit has been reduced by
partial releases at the time the fee is due,the fee shall be.50%of the remaining amount of
the Letter of Credit.
2. To indemnify and save Bank harmtess from any damages,costs,expenses and liabilities
which it may incur by reason of issuance of the Letter of Credit or the making of any
payments thereunder,Flame Out Fire Pratection,Inc.has executed and delivered to Bank a
Promissory Note in the face amount of$181,415.00 dated September 10,2012 with the
principal and interest due on December 30,2012.
3. At such time as a draft or drafts are presented upon the account of Flame Out Fire Protection,
Inc.under the Letter of Credit aforesaid,the Bank shall honor and pay the same and such
payments shall be deemed disbursements under the Promissory Note above described and
from the date of each disbursement will bear interest at the rate of said Promissory Note on
such respective amounts. The Bank shall forthwith notify Flame Out Fire Protection,Inc.
and he/she/it shall pay to the Bank according to the terms of saici Promissory Note.
4. It is agreed that Bank shall not be called upon to deteiznine questions of fact or law at issue
between Flame Out Fire Protection,Inc. and Pitkin County Board Of Commissioners. Any
www.alpinebank.com ��
A1 ine Bank
. ► � p
drafts presented as set forth herein,shall be paid on sight without limitation and without
regard to any obj ection by Flame Out Fire Protection,Inc.
5. The applicant shall have claun against Bank and the Bank shall be liable to the Applicant to
the extent,but only to the extent,of any direct,as opposed to consequential,damages
suffered by the Applicant which the Applicant proves were caused by(i)the Bank's willful
xnisconduct or gross negligence in detemiining whether documents presented under the letter
of credit comply with the terms of the letter of credit or(ii)the Bank's willful failure to pay
under the letter of credit after the presentation to it of a certificate strictly complying with the
terms and conditions of the letter of credit.
6. The terms and conditions hereof shall extend to and be binding upon parties hereto,their
successors and assigns. This agreement is made and entered into in Pitkin County,Colorado,
and the sole venue for any litigation arising out of this agreement or the letter of credit
referred to herein shall be in the District Court of said County.
Flame Out Fire Protection,Inc.
f _ I%`-`� �,f/�J
By: l� _ ��
aul Stanley Boothe,Pres dent ���
,,
By: � ���Q�!� c��%("i•
Nancy�Boothe, cret 1
Approved: Alpine Bank
By: � �-'
Christine Bostick/Assistant Vice President
Alpine Bank Willits
Date: 9-10-2012
By: CB/lf
www.alpinebank.com
3c,
. ►�
Alpin¢ Bank
EI Jebel - Willits
71 1 E. Valley Road, Suite 101
Basalt, Colorado 81621
970-927-3653
Fax 970-927-3708,
IRREVOCABLE STANDBY LETTER OF CREDIT
Date of Issue: September 10,2012
Amount: $181,415.00
Number: 5260314633
Expiration Date: December 30,2012
APPLICANT: Flame Out Fire Protection,Inc.
BENEFICIARY: Pitkin County Board Of County Comrnissioners
PURPOSE: Fire Sprinklers At Pitkin County Courthouse
To Whom It May Concem:
We hereby establish in Beneficiary's favor,at the request and for the benefit of Applicant, our
Irrevocable Standby Letter of Credit in an amount not to exceed$181,415.00 (U.S.$181,415.00).
The purpose of this letter is to secure the performance of and the compliance with,the agreement
by and between Applicant and Beneficiary,dated September 10,2012.
Beneficiary shall promptly notify Bank when a default or event of default of said agreement
occurs. Your notification shall include any notice or order required to be sent to A�plicant
pursuant to the agreement. Notice shall be by telephone anel in writing to:
Alpine Bank Willits
Attention: Christine Bostick
711 East Valiey Road Ste. 101
Basait,CO, 81621
(970) 927-3656
We her.eby agree to honor drafts drawn under and in compliance with the terms of this Letter of
Credit if dnly presented to a loan o�cer at 711 East Valley Road Ste. 101,Basalt,CO, 81621
during normal business hours on or before the expiration date. Partial drawings are permitted.
This Letter of Credit is not transferable.
The conditions for payment of any draft drawn against this Letter of Credit are as follows:
1. Receipt by Bank of Beneficiary's manually signed statement by an authorized signatory
certifying that Applicant has failed to perform with,or comply in accordance with,the
provisions of said agreement by and between Applicant and Beneficiary, and stating the
dollar amount of the default. �
www.alpinebank.com
_ �ti
- --.
__ _ _ ._ __
- -- _,----
. __._ ..�.�.�
- � Aipin¢ Bank
. ►�
2. Presentation of the original Letter of Credit to Bank, endorsed on the reverse side with the
words: "Drawn by Pitkin County Board of Commissioners in the amount requested"then
manually signed by an authorized signatory.
Tlus Letter of Credit shall be governed by Article V of the Uniform Commerczal Code as in
effect in the State of Colorado on the date of issue. Tlzis Letter of Credit sets forth in full the
terms of aur undertaking,and such undertaking shall not in any way be modified,amended,
amplified or limited by any document,instrument or agreement refened to herein, or in which
this credit is referred to, or to which this credit relates; and no such reference sha11 be deenned to
incorporate herein by reference any such document,instrument or agreement.
ALPTNE BANK
By: �'�� .
Christine Bostick/Assistant Vice President
Alpine Bank Willits
Date: 9-10-2012
By: CB/lf
www.alpinebank,com
�ID