HomeMy WebLinkAboutbocc.con.132.2012Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 132-2012
ORIGINATING DEPARTMENT: Open Space & Trials
PROCUREMENT OFFICER: Lindsey Utter PHONE #: -9205224
PROJECT NAME: East of Aspen Extension Construction CONTRACTOR: Aspen Earthmoving
DOLLAR AMOUNT: $56,377.50 LINE ITEM # 118.58.02507.86120
CONTRACT EXECUTION DATE: 6/13/2012 CONTRACT END DATE: 10/30/2012
AUTOMATIC RENEWAL: ❑ YES � NO TERM:
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
� OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal � Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
� Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance
❑ License/Use
❑ Lease
� Construction
❑ Goods, Equipment, Supplies
❑ Other (e.g. revenue)
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❑ Employment
❑ Intergovernmental Agreement (Resolution Required)
❑ Non-Profit
❑ Quasi-Public (e.g.-AVH)
❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Change Order/Contract Amendment
(GO: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓� No Pages Missing ✓� All Other Blanks Filled In
✓❑ If Page Left Intentionally Blank —Note on Page ✓� All Exhibits Attached
✓� Page numbered consecutively ✓❑ All Legal Descriptions attached (ifapplicable)
✓� All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached (if applicable)
✓� All Dates Filled In ✓❑ Warranty (if applicable)
✓❑ Special InstrucNons for Finance Department:
✓� Authorized Procurement Officer's Name: Lindsey Utter
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Contract # 132-2012
Budget Line Item # 118.58.02507.86120
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PITKIN COUNTY CON5TRUCTION CONTRACT
East of Aspen Trail Extension Construction
Rev. 02/06/2012 lm 6/7/12js
THIS CONTRACT, made this 13th day of June 2012, by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and
Roaring Fork Earthmoving, LLC DBA Aspen Earthmoving (hereinafter called the "Contractor")
to perform the following work: East of Aspen Trail Extension Construction ("Project").
I. Term of Contract. The �term of this contract is from June 12th, 2012 to October 30th,
2012.
II. Scope of Work and Work Schedule.
A. Please refer to the attached plan set. The majority of the trail will be a 6' wide
crusher fine surface, working around existing trees and within a 16' recreation
easement. Small, boulder walls will be required for short stretches of trail
construction and the goal is to source rock material on site. The last few hundred
feet of trail will be on the existing asphalt surface. This section of trail will be
striped and signed and will not require the construction of a crusher fine surface.
All construction activities must be contained within the recreation easements and
must not interrupt traffic on Hwy 82.
The earth moving permit will be the responsibility of the contractor and must be
secured before construction begins.
Revegation and new trail signage will be the responsibility of the County. Any
signage required during construction is the responsibility of the Contractor.
Please refer to L-1, L-2, L-3 and the Typical Cross Section.
B. All work performed under this Contract shall be done according to the attached
work schedule.
III. Pavment. The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of Fifty-two thousand, four hundred and
seventy-seven dollar and fifty cents ($56,377.50) in accordance with this Contract, subject to in-
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crease or decrease in accordance with the provisions of this Contract; but any payment by the
County may be offset by any amount the Contractor owes the County for any reason.
A. Payment Procedures.
1. Contractor shall submit applications for payment every month for work
done to date.
2. Progress payments.
a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (95%) of the calculated
value of any Project work completed, less the aggregate of payments previously
made until fifty percent (50%) of the Project work required by this Contract has
been performed. Thereafter, County shall pay all remaining progress payments
and maintain only existing retainage if, in the opinion of the Procurement Officer
and County, satisfactory progress is being made on the Project. If, in the opinion
of the Procurement Officer and County, satisfactory progress is not being made
on the Project, or if claims are iiled under Section 38-26-107, Colorado Revised
Statutes, as amended, County may retain such additional amounts as County may
deem necessary to assure completion of the Project or to pay such claims and any
Procurement Officer's and attorney's fees reasonably incurred or to be incurred
by County in defending or handling such claims. The withheld percentage of the
Contract Price shall be retained until the Project is completed satisfactorily and
finally accepted by County in accordance with the provisions of this Contract.
Progress payments shall not constitute final acceptance of the Project.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as
amended.
IV. Contractor's Obli atg ions.
A. Supervision and Superintendence.
1. The Contractor shall supervise and direct the Project competently and
efficiently devoting such attention thereto and applying such skills and expertise as may
be necessary to perform the Project in accordance with this Contract. The Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures
of construction. The Contractor shall be responsible to see that the finished Project
complies accurately with this Contract.
2. The Contractor shall appoint and identify to the County and Procurement
Officer, a competent on-site superintendent to be kept on the Project at all times during
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its progress and who shall not be replaced without written notice to the County and the
Procurement Officer except under extraordinary circumstances. The superintendent will
be the Contractor's representative at the site and shall have authority to act on behalf of
the Contractor. All communications given to the superintendent shall be as binding as if
given to the Contractor.
B. Subcontractors, Suppliers and Others.
1. The Contractor shall not employ any subcontractor, supplier or other
person or organization (including those acceptable to the County and the Procurement
Officer, whether initially or as a substitute) against whom the County or the Procurement
Offcer may have reasonable objection.
2. The identity of subcontractors, suppliers or other persons or organizations
including those who are to furnish the principal items of materials and equipment must be
submitted to the County in advance of any work performed or materials supplied under
this Contract for acceptance by the County and the Procurement Officer. No acceptance
by the County or the Procurement Officer of any such subcontractor, supplier or other
person or organization shall constitute a waiver of any right of the County or the
Procurement Officer to reject defective Project work.
3. The Contractor shall be fully responsible to the County and the
Procurement Officer for all acts and omissions of the subcontractors, suppliers and other
persons and organizations performing or furnishing any of the Project work under a direct
or indirect Contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in this Contract shall create any Contractual relationship
between the County or the Procurement Officer and any such subcontractor, supplier or
other person or organization, nor shall it create any obligation on the part of the County
or the Procurement Officer to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may otherwise be
required by laws and regulations.
4. All Project work performed for Contractor by a subcontractor will be
pursuant to an appropriate Contract between the Contractor and the subcontractor which
specifically binds the subcontractor to the applicable terms and conditions of this
Contract for the benefit of the County and the Procurement Officer.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the incorporation in
the Project of any invention, design, process, product or device which is the subject of patent
rights or copyrights held by others. Contractor shall indemnify and hold harmless the County
and the Procurement Officer and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses (including attorney's fees and court costs)
arising out of any infringement of patent rights or copyrights incidental to the use in the
performance of the Project or resulting from the product or device not specified in this Contract,
and shall defend all such claims in connection with any alleged infringement of such rights.
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D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the Contractor, when
necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution of the Project. The Contractor shall
pay all charges of utilities for connections to the Project, and the County shall pay all charges of
such utility owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply
with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing
and performance of the Project including rules, regulations, and ordinances the County
promulgates at any time. Except where otherwise expressly required by applicable laws and
regulations, neither the County nor the Procurement Officer shall be responsible for monitoring
the Contractor's compliance with any Laws or Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax
may not apply to materials purchased by the County. The Contract price shall include all other
federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include
the cost of compliance with all other Federal Laws and Regulations at no additional cost to the
County (except as provided in this Contract). The Contractor shall not be reimbursed separately for
any taxes, which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes, which may apply. The County is tax exempt from Federal Excise Tax and
Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the
Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or
subcontractor's purchase of construction material or building materials is for use in a building,
structure, or other public work owned and used by the County.
G. Use of Premises.
1. The Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site and land and
areas permitted by this Contract, law, ordinances, and permits. The Contractor shall
assume full responsibility for any damage to any such land or area, or to the County or
occupant thereof or of any land or areas contiguous thereto, resulting from the
performance of the Project. Should any claim be made against the County or the
Procurement Officer by any such owner or occupant because of the performance of the
Project, Contractor shall promptly settle with such other party. The Contractor shall, to
the fullest extent permitted by Laws and Regulations, indemnify and hold the County
harmless from and against all claims, damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other professionals and court costs)
arising directly, indirectly or consequentially out of any action, legal or equitable,
brought by any such other party against the County or the Procurement Officer to the
extent based on a claim arising out of the Contractor's performance of the Project.
2. During the progress of the Project, the Contractor shall keep the premises
free from accumulations of waste materials, rubbish and other debris resulting from the
Project. At the completion of the Project, the Contractor shall remove all waste
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materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment and machinery, temporary structures, stumps or portions of trees,
and surplus materials, and shall leave the site clean and ready for occupancy by the
County. The Contractor shall restore to original condition all property not designated for
alteration by this Contract.
3. The Contractor shall not load or permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall the Contractor subject
any part of the Project or adjacent property to stresses or pressures that will endanger it.
H. Safety and Protection.
1. The Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project. The
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground
facilities not designated for removal, relocation or replacement in the course of
construction.
The Contractor shall be required to assume sole and complete responsibility for
job site conditions during the course of construction of the Project, including the safety of
all persons who may enter on the job site for any reason and the security of all property
located on the job site. This requirement shall apply at all times during the courses of the
Contract and not only to normal Project work hours.
2. The Contractor shall at all times conduct the Project in such manner as
will incur the least practicable interference with traffic and existing utility systems. No
section of any road shall be closed to the public, nor any utility system put out of service
except after permission, has been granted by the Procurement Officer. Each item of the
Project shall be prosecuted to completion without delay and in no instance will the
Contractor be permitted to transfer its forces from an uncompleted Project to a new
Project without prior written notification of the Contractor to the Procurement Officer.
Unless this Contract specifically provides for the closing to traffc of any local
road or highway while construction is in progress, such road or highway shall be kept
open to all traffic by the Contractor. The Contractor shall also provide and maintain in a
safe condition temporary approaches, crossings, or intersections with roads and
highways. The Contractor shall bear all expense of maintaining traffic over the section of
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road affected by the Project to be done under this Contract, and of constructing and
maintaining such approaches, crossing, intersections and any necessary features without
direct compensation, except as otherwise provided.
The Contractor shall provide, erect and maintain all necessary barricades, signs,
danger signals and lights to protect the Project and the safety of the public. The
Contractor's responsibility for necessary barricades, signs, and lights shall not cease until
the Project has been accepted.
I. Shop Drawings and Samples.
1. After checking and verifying all field measurements and after complying
with applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer for review and approval in accordance with the approved schedule
of shop drawing submissions, three (3) copies (unless otherwise specified) of all shop
drawings, which will bear a stamp or specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to the review of
the submission. All submissions will be identified as the Procurement Officer may
require. The data shown on the shop drawings will be complete with respect to
quantities, dimensions, specified performance and design criteria, materials and similar
data to enable the Procurement Officer to review the information as required.
2. The Contractor shall also submit to the Procurement Officer for review
and approval with such promptness as to cause no delay in Project, all samples required
by this Contract. All samples will have been checked by and accompanied by a specific
written indication that the Contractor has satisfied the Contractor's responsibilities under
this Contract with respect to the review of the submission and will be identified clearly as
to material, supplier, pertinent data such as catalog numbers and the use for which
intended.
3. Before submission of each shop drawing or sample, the Contractor shall
have determined and veriiied all quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar data with respect
thereto; and reviewed or coordinated each shop drawing or sample with other shop
drawings and samples and with the requirements of the Project and this Contract.
4. At the time of each submission, the Contractor shall give the Procurement
Officer specific written notice of each variation that the shop drawings or samples may
have from the requirements of this Contract, and, in addition, shall cause a speciiic
notation to be made on each shop drawing submitted to the Pracurement Officer for
review and approval of each such variation.
5. Where a shop drawing or sample is required by the specifications, no
related Project work shall be commenced prior to the Procurement Officer's review and
approval of the shop drawing or samples.
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6. The cost of furnishing all shop drawings and samples shall be borne by
Contractor.
V. Performance and Pavment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one
half of the total Contract value for all Contracts over $50,000, as required by C.R.S. § 38-26-105,
et seq. All Bonds shall be in the form acceptable to the County. All Bonds signed by an agent
must be accompanied by a certified copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or
becomes insolvent or its right to do business is terminated in any state or it ceases to meet the
requirements of paragraph A of this Section, Contractor shall within five (5) days thereafter
substitute another Bond and Surety, both of which must be acceptable to the County.
VL Indemni .
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as
indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor
will be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense
for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect
the Contractor from liabilities that might arise out of the performance of the work under this
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Contract by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types.
A. Coverage and Limits of Insurance:
Contractor shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum liability requirements
provided that the coverage is written on a"following form" basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or
subcontractor is exempt under Colorado Workers' Compensation Act.,
AND when such contractor or subcontractor executes the appropriate
sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability — ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate
Each Occurrence Limit
Personal/Advertising Injury
Fire Damage (Any One Fire)
Medical Payments (Any One Person)
$ 2,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
$ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
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• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
( I 997 Edition or equivalent)
• Additionat Insured—Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• AdditionaI Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non-owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
X (1) Performance Bond $ 26,238.75
❑ Labor and Material
❑ Payment Bond
❑ (2) Professional Errors and Omissions
❑ (3) Aircraft Liability
❑ (4) Owner's Protective
❑ (5) Builder's Risk
❑ (6) Boiler and Machinery
❑ (7) Loss of Use Insurance
❑ (8) Pollution Liability
❑(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty (30) days prior written notice has been given to the County,
except when cancellation is for non-payment of premium, then ten (10) days prior notice
may be given. Such notice shall be sent directly to (County Representative's Name &
Address). If the insurance carrier will not provide the required notice, the
Consultant/Contractor and or its insurance broker shall notify the County of any
cancellation, or reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as to claims pending against the required
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coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on poiicy limits.
2. In addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory
with any insurance or self insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
a Any and all deductibles or self insured retentions in the above-
described insurance policies shall be assumed by and be for the amount of,
and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the term of this contract.
VIII. Exem tions and Preferences.
A. All purchases of construction or building or any other materials for any Contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall
be employed to perform the Project to the extent of not less than eighty percent (80°/a) of each
type or class of Iabor employed on such project; except for highway construction, which is
subject to C.R.S. § 43-2-208, which provides that all laborers shall be bona fide residents of
Colorado with a preference to residents of the County where the Project is performed.
IX. Protection and Restoration of Propertv and Landscape• Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage all land and
property, as well as any monuments and property marks until the Procurement Officer
has witnessed or otherwise referenced their location and shall not remove them until
directed.
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2. The Contractor shall be responsible for all damage or injury to property of
any character, during the prosecution of the Project, resulting from any act, omission,
neglect, or misconduct in its manner or method of executing the Project, or at any time
due to defective Project work or materials, and said responsibility shall not be released
until the project shall have been completed and accepted.
3. VVhen or where any direct or indirect damage or injury is done to public or
private property by or on account of any act, omission, neglect, or misconduct by the
Contractor in the execution of the Project, or in consequence of the non-execution thereof
by the Contractor, it shall restore, at its own expense, such property to a condition similar
or equal to that existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such damage or injury in
an acceptable manner.
4. Materials storage, equipment parking, vehicle parking and stockpiling
excavated materials shall be allowed only in those areas designated by the Procurement
Officer.
5. If the Contractor disturbs any of the landscape not called for removal, it
shall restore those areas as directed by the Procurement Ofiicer at the Contractor's
expense.
B. Hazardous Materials
1. The County shall not be responsible for the cost of and the removal or
cleanup of Hazardous Materials found in any materials brought to the Project site, after
the Project site is turned over to the Contractor.
2. The Contractor shaIl provide the Procurement Officer with a written
certification each time materiais or equipment is brought onto the Project site that such
materials or equipment do not 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 other work performed by utility owners or let other direct cuntracts
therefor which shall contain terms similar to these. The Contractor shall perform and coordinate
its activities with other contractors to avoid conflict and minimize disruptions.
B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the County is performing the additional work with the
County's employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work, and shall
properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting
and patching of the Project that may be required to make its several parts come together properly
and integrate with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their work with the
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written consent of Procurement Officer and the others whose work will be affected. The duties
and responsibilities of Contractor under this paragraph are for the benefit of such utility owners
and other contractors to the extent that there are comparable provisions for the benefit of the
Contractor in said direct contracts between the County and such utility owners and other
contractors.
C. If any part of the Contractor's Project depends for proper execution or results
upon the work of any such other contractor or utility owner (or the County), the Contractor shall
inspect and promptly report to the Procurement Officer in writing any delays, defects or
deficiencies in such work that render it unavailable or unsuitable for such proper execution and
results. The Contractor's failure to report such conditions will constitute an acceptance of the
other work as fit and proper for integration with the Contractor's Project except for latent or non-
apparent defects and deficiencies in the other work.
XL Chan��s in the Project and Use of Change Orders.
A. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposal and
adjusted schedule of work. The Contractor shall submit a priced proposal for performing
the proposed change in the Project within five (5) days of notice or such other time
acceptable to both parties. When the Contractor and the County reach agreement on the
adjustments to the Contract price and/or Contract time, and changes in the Project, such
adjustments shall be promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Procurement Officer in a letter or written notice with the reference notation "Contractor Change
Request". If the Contractor: (i) receives any oral or written instructions, directives or
interpretations of Contract Documents, or determinations from the Procurement Officer or, (ii)
identifies what it believes are design errors or omissions in the Contract Drawings or
Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of
the Project; or, (v) becomes aware of any other matter or circumstance which it believes would
require a change in the Contract Price or Contract Time, the Contractor shall give the
Procurement Officer prompt written notice of such matters.
1. All Contractor change requests shall be dated, numbered sequentially, and
shall describe the action or event which the Contractor believes may require an extension
in time, price or other modification. The Contractor shall also provide descriptions of
possible Contractor actions or solutions to minimize the cost of the Contractor change
request and, provide an estimate of the adjustment in the Contract price and/or Contract
time, which it believes is appropriate.
2. Contractor Time Requirements.
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a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10) consecutive
calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed, but in no
event more than ten (10) consecutive calendar days after the conditi�ns are
first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, but in no
event more than ten (10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor change
request shall be submitted as soon as the Contractor has knowledge of the
matter or circumstance, but in no event more than ten (10) consecutive
calendar days after the Contractor becomes aware of such circumstance or
matter.
Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change request
within the time required above, any action by the Contractor related to
such order, direction, instruction, interpretation, determination, design
error or omission, or other nnatter, 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 adjustrnent on the Contract
price or the Contract time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Procurement Officer wit1� a complete and itemized
proposal of Contract price and time adjustments. The proposal shall also
contain a detailed explanation, citing all applicable provisions in this
Contract, which supports the Contractor change request. If the Contractor
does not submit its itemized proposal within the time described above or
within such extension, which the Procurement Officer, in his/her
discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or
event described in the Contract change request.
c. If a Contractor change request is denied by the Procurement
Officer, in whole or in part, any claim for an increase in the Contract price
or Contract time arising out of the act or event described in the Contractor
13
change request is waived unless the Contractor timely complied with the
provisions of paragraphs 2(a-d) of this Section.
XII. �Varrantv and Guarantee• Tests and Inspections• Correction Removal or Acceptance of
Defective Project Work.
A. Warranty.
1. The Contractor warrants and guarantees to the County that all Project work,
whether supplied, furnished, installed, provided, or performed by Contractor, a
subcontractor, or supplier, will be in accordance with this Contract and will not be defective
and that all Project work shall be performed in a skillful and workmanlike manner.
Additionally, the Contractor shall warrant that all equipment which is incorporated into the
Project or any subsystem shall be new, free from liens and defects in design, have clear title,
be free from faulty materials and workmanship, and shall conform in all aspects to the terms
of this Contract, to the drawings issued for manufacture by the Contractor, and shall be in
conformance with the those technical specifications provided in Section II (Scope of Work)
of this Contract and Contractor's Proposal. Except where longer periods of warranty are
indicated for certain items, Contractor warrants Project work, whether furnished, installed,
provided, performed or supplied by Contractor, a subcontractor or supplier, to be free from
faulty materials and workmanship and that each piece of equipment or any part thereof
incorporated into the Project or any subsystem shall conform to the afarementioned
warranty and guarantee provisions and be free from failure for a period of not less than two
years (2) from date of Final Payment. Landscaping replacement shall be warranted for two
(2) growing seasons.
2. With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppiiers for Project work performed and materiais furnished under the
Contract, the Contractor shall:
a. Obtain al1 warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's; or supplier's,
standard warranty exceeds the minimum County requirements as set forth in
this Section or elsewhere in this Contract, the subcontractor's,
manufacturer's, or supplier's standard warranty shall apply.
b. Require all warranties to be executed, in writing, for the benefit of
the County, if directed by the Procurement Officer; or
c. Enforce all warranties for the benefit of the County, if directed by the
Procurement Officer.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Procurement Officer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and governmental agencies
14
. _ �n, . �. . _,_ „�-�.. �,���,..�_�.,� .>�� � .�. ., . _ , — _
with jurisdictional interests shall have access to the Project, at any time for their observation,
inspecting and testing. Contractor shall provide proper and safe conditions for such access.
C. Tests and Inspections.
1. The Contractar shall cooperate with material testing persons and firms, and
for required inspections, and compliance and approval tests for the work performed by the
Contractor or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or order of any public body
having jurisdiction requires any Project work (or part thereo� to specifically be inspected,
tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish the Procurement Officer the required certificates of
inspection, testing or approval. The Contractor shall also be responsible for and shall pay all
costs in connection with any inspection or re-testing required in connection with the
County's or the Procurement Officer's acceptance of a supplier of materials ar equipment
proposed to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorparation in the Project. The cost
of all inspections, testing, re-testing and approvals in addition to the above which are
required by this Contract shall be paid by the Contractor (unless otherwise specified). The
County will conduct and pay for the conformance tests on materials installed in-place, and
the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter.
3. Ali inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be
performed by organizations acceptable to the Procurement Officer.
4. If any Project work (including the work of others) that is to be inspected,
tested or approved is covered without written concurrence of the Procurement Officer, it
must be uncovered for observation. Such uncovering and testing when requiced by the
Procurement Officer shall be at the Contractor's expense.
5. Neither observations by the Procurement Officer nor inspections, tests ar
approvals by others shall relieve the Contractor from the Contractor's obligations to perform
the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Procurement Officer
or the County, the Contractor shall promptly, as directed, either correct all defective Project work,
whether ar not fabricated, installed or completed, or, if the Project work has been rejected by the
Procurement Officer or the County, remove it from the site and replace it with non-defective Project
work. The Contractor shall bear all direct, indirect and consequential costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
E. Correction Period. If within two (2) years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable special
guarantee required by the Contract Documents or by any specific provision of the Contract
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Documents, any Project work is found to be defective, the Contractor shall promptly without cost to
County and in accordance with County's written instructions, either correct such defective Project
work, or, if it has been rejected by County, remove it from the site and replace it with non-defective
Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with
the terms of such instructions, or in an emergency where delay would cause serious risk of loss or
damage, the County may have the defective Project work corrected or the rejected Project work
removed and replaced, and all direct, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to
other Project work, other property, or person, which occurred as a result of the defective Project
work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Procurement Officer or the County to proceed
to correct and to correct defective Project work or to remove and replace rejected Project work as
required by the Procurement Officer or the County in accordance with paragraph D of this Section,
or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or
if the Contractor fails to comply with any other provision of the Contract Documents, the County
may, after seven (7) days' written notice to the Contractor, correct and remedy any such deficiency.
In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to
the extent necessary to complete corrective and remedial action. The County may exclude the
Contractor from all or part of the site, take possession of all or part of the Project, and suspend the
Contractor's services related thereto, take possession of the Contractor's tools, appliances,
construction equipment and machinery at the site and incorporate in the Project all materials and
equipment stored at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Contractor shall allow the County, the County's representatives, agents and
employees such access to the site as may be necessary to enable the County to exercise the rights
and remedies under this paragraph. All direct, indirect and consequential costs of the County in
exercising such rights and remedies will be charged against the Contractor, and a Change Order will
be issued by the County incorporating the necessary revisions in the Contract price. Such direct,
indirect and consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement
of work of others destroyed or damaged by correction, removal or replacement of the Contractor's
defective Project work. The Contractor shall not be allowed an extension of the Contract time
because of any delay in performance of the Project work attributable to the exercise by the County
of the County's rights and remedies hereunder.
XIIL Liquidated Damages• It is the County's intent to complete this project no later than
September lst, 2012. Liquidated damages of $250 per calendar day shall be paid if project is not
completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Project work and the time of completion
as specified herein are essential conditions of the Contract. The Contractor agrees that said Project
shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion
within the time(s) specified. It is expressly understood and agreed, by and between the Contractor
and the County, that the time(s) for completion of the Project described herein are reasonable
16
time(s) for the completion of the Project, taking into consideration the average climatic conditions
prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates set forth therein
and where in this Contract, an additional time is allowed for the completion of the Project, the new
time limit fixed by such extension shall be of the essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time extensions
granted by the County, the County will suffer damage, the extent of which will be impractical and
extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the
Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage
amounts specified in the Contract. This particular provision shall not be construed as a penalty
upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this
Contract nor is it intended, but as Liquidated Damages to compensate the County for all costs
incurred as a result of such breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to
pay the County as a reasonable estimate of just compensation for damages contemplated with the
clause, the amount set forth as liquidated damages for each consecutive calendar day that
completion is delayed in the construction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this Contract then such
party shall give notice and full particulars of such Force Majeure in writing to the other party within
a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party
giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the liabiiity then claimed, but for no longer period, and any such party shall remove
or overcome such inability with all reasonable dispatch. The term Force Majeure as employed
herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts oi public
enemy, orders of any kind of the Government of the United States or the State of Colorado or any
political subdivision, except the County, or any civil or military authority, insurrection, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of the party having the difficulty, and that the above requirement
that any Force Majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when
such settlement is unfavorable to it in the judgment of the pariy having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at
law, in equity, by statute, or under Contract.
17
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XIV. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or more of
the following events:
1. If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if
Contractor takes any equivalent or similar action by filing a petition or otherwise under any
other federal or state law in effect at such time relating to the bankruptcy or insolvency;
2. If a petition is filed against Contractor under any chapter of the Bankruptcy
Code as now or hereafter in effect at the time of filing, ar if a petition is filed seeking any
such equivalent or similar relief against Contractor under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian or agent of Contractor is appointed under
applicable law or under Contract, whose appointment or autharity to take charge of property
of Contractar is for the purpose of enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in accordance with
�his Contract including but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the wark schedule established in this
Contract;
6. If the Contractor disregards laws, ordinances, rules, regulations, or orders of
any public body having jurisdiction;
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice sha�l be given at least ten (10)
days before the effective date of such termination. In such event all �nished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the Contract for any satisfactory Project work completed pursuant to the terms
of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not
be relieved of liability to the County for damages sustained by the County by virtue of any
breach of the Contract by the Contractor.
XV. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee; agent, or servant of
Pitkin County.
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B. Contractor is not required to offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during the term of
this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard af care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not att�mpt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer ldentification Number Request.
XVL Computation of Time.
A. When any period of time is referred to in this Contract by days, it wi11 be computed
to exclude the first and include the last day of such period. If the last day of any such period falis on
a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricin�Data.
A. The Contractor shail maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive
Changes, Field Orders and written interpretations and clarifications in good order and annotated
and updated weekly to show all changes made during construction. These record documents
together with all approved samples will be available to the Procurement Offcer for reference.
Upon completion of the Project, these record documents and samples will be delivered to the
Procurement Officer for the County.
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract, in accordance with generally accepted accounting principles, and shall preserve
and make available all data and records until the expiration of three (3) years from the date of final
payment under this Contract, or for such longer period, if any, as is required by applicable statute or
by other articles of this Contract. The County shall ha�e access to all such data and records for such
time period to inspect, audit and make copies thereof during normal business hours. The Contractor
covenants and agrees that it shall require that any subcontractar utilized in the performance of this
Contract permit the authorized representatives of the County to similarly inspect and audit all data
and records of said subcontractors relating to the performance of said subcontractors under this
Contract for the same time period.
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C. If this Contract is completely or partially terminated, the records relating to the
Project terminated shall be made availab�e for three (3) years after any resulting final termination
payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising
under or relating to the performance of this Contract shall be made available until disposition of
such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by
the County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of
this Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
C. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term,
section, or other provision shall not affect any of the remaining provisions of this Contract, and
to this end, each term, section and provision of this Contract shall be severable.
D. Integration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or Contract, either written or orat. This Contract may be amended only by written
Contract signed by both the County and the Contractor.
E. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
F. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the arbitration described in this section, the substantially
prevailing parEy shall be entitled to its costs and reasonable attorney's fees.
G. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq.,
C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its
ofiicers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to
require or provide for indemnification of the Contractor by the County for any injury to any person
20
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or any property damage whatsoever which is caused by the negligence or other misconduct of the
County or its agent or employees.
H. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the Contract shall constitute a mandatory charge
or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
I. Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (1) hand delivery to the person at the address below or (2) by certified
first class mail, postage prepaid, return receipt requested addressed as follows:
1. To Pitkin County
Lindsey Utter
530 East Main Street
Aspen, Colorado 81611
2. To Contractor:
Rick Stevens
PO Box 1090
818 Industry Way
Carbondale, CO 81623
with copies to:
Pitkin County Attorney's Offce
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
J. Waiver. No waiver by either party of any right, term or condition of this Contract
shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver
of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the
same or of a different provision of this Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1. Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations, tests, and subsurface investigations to define the latent physical conditions
of the construction site affecting cost, progress, or performance of Project.
21
3. Contractor has made or caused to be made examinations, investigations,
and tests and studies of such reports and related data as it deems necessary for the
performance of Project at the Contract price, within the Contract time, and in accordance
with the other terms and conditions of this Contract; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by Contractor for such
purposes.
4. Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and conditions of this
Contract.
5. Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the written resolution
thereof by Procurement Officer is acceptable to Contractor.
6. By executing this Contract, the Contractor represents that it has visited the
site, familiarized itself with the local conditions under which the Project work is to be
performed (including weather conditions which can be expected), and correlated its
observations with the requirements of this Contract.
7. The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this Contract and
that it has full and complete authority to enter into this Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall constitute an original, but all of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-1O1, as
amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovern�nental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will coniirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor (a) shall not use E-Verify Program or Department
program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien for wark under this contract, (c) shall terminate the subcontract if a
22
subcontractc�r does not sYop empio�ring or coutractin� �viih the iile�ai alien within three days c�f
receiving tl�e notice. and (d) shall compl}� witl� reasairable requests �i�acie in ti�e course aFan
investigation, undercaken pt�i•suaiit to CRS 58-17.5-102(5}, by tf�e Colorado Depai�tment of L,abor
at�d En�ployme��t. If Co�ati•actor participates in the Depai�t���ent program, Co�7tractor sl�all delivei•
to the contracting State agency, Institution of Higher Education or politica! subd'avision a written,
notariaed affirmation, affirming that Gontractor has examined ti�e legal ��ork status of such
employee, and shall comply ���ith all of t}�e oTher requirements af the Department program. If
Contractor fails to comply ���ith any requirement of this provision or CRS �$-17.5-101 et seq.,
the contracting State ageiicy, institution of higher education or political subdivision may
terminate t1�is contract for breacl� and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAI. PERSONS. CRS §24-76.5-101. Contractor, if a
natura) person eighteen (18) years of age o►• oldei•, hereby s�uears and affirms under penalty of
perjury that he or she (a) is a citizen or othen�rise (awfulty present in the United States pursuant to
federal la�v, (b) si�ali comply with ti�e provisions of CRS �24-76.5-101 et seq., and (e) has produced
one form of identification required by CRS �24-76.5-?03 prior to the ef�ective date ofthis contt�act.
IN WITNESS 1aVHEREOF, the parties have executed this Contract as of the date first set out
herein above.
CONTRACTOR
Aspen Earthmovin
By: � ;c�'.2.✓�-'...,..._.._
Ric Stevens Preside��t
�
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Date
PITKIN COUNTY, COLORADO
MANAGER APPROVAL: S CT A (�V •
'�- �2' / � - 2�S"i2-
Jon Peacock, ounty Manager Date Section Le er Date
RECOMMENDED FOR APPROVAL:
�
- ��, �� ,1
roeu e nent Officer Date
23
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Appendix A - Page 4
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ASFEN EARTHM�}VING
p<t �t0� 144D. A18IVDG57RY PI 1C'k'.CARBO\pAt.F CO 81623
FIlO\}:; (970)46J•Q177
1'AX: (970) 46)-23��
� _
To: Pitkin Cc�unty Contact: Undsey Utter
Address: 76 Service Center Road Phone: 970-920-5396
Aspen, CO 81b11 USA Fax: 970-920-52$5
Project Name: East Of Aspen Traii Bid Number: 212060
Project location: Aspen, Aspen, CO Bid Date: 5/29I2012
This proposal is continpent on the execution of a mutuatly acceptabte Contrad and Schedule and is good for a perlod not to
exceed thir#v (80) days.
00.00
01.00
02.00
03.00
04.00
05.00
06.00
Permits
Mobiization
Ciear And Grub (inciuding Tree Removal)
Trail Excavation And Grading (including Bouider Walis)
P{ace Sub Grade
Place And Compact Crusher Fines (includes Geotextite
Fabric)
Trafiic Control
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
6/6/2012 4:36:05 PM
Unit
1.00 lS
1.00 EACH
1,300.00 LF
645.00 CY
350.00 TON
210.00 TON
1.00 LS
0
CONFIRMED:
Aspen Earthmoving
Price
$4,400.00
$1,400.00
$5.25
$13.8U
$41.60
$5b.15
$4,400.00
$1,400.00
$6,825.00
$8,901.00
$14,Sb0.0U
$13,891.50
$2,500.00 $2,500.00
Total Price: $52,477.50
Authorized Signature: (� �C�� --,
�
Submitted By: Rick Stevens
P e1of1
Appendix A - Page �
v'z�
�
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��� � � � � �,�l��
r�
� ��
� � �
ASPEN EAR'F�M�C}VING
P(lR(1X1QyA.R1131VDLSTR!'Ft..:�CF:.C'AREU)ti[I,�1.} Ct}%F62i
PIII)Xt:: (970E9fJ.Q177
}AX: E9T6)?6)-,+;;7
Ta: Pitkin County Contact: Lindsey Utter
Address: 7b Service Center Road Phane: 970-92U-5396
Aspen,CO 81611 U5A Fax: 970-920-5285
Project Name: East Of Aspen Trail Bid Number: 212460
Project Location: Aspen, Aspen, CO Bid Date: 5/29/2012
This proposal is contingent on the execu#ian of a mutuaily acceptable Contract and Schedute and is good for a period not to
exceed thirly (60) days.
AEM Item # item Descri tion Estimated Quantity Unit Unit Price Totel Price
07.00 Install Silt Fence
ACCEPTEd:
The above prices, speci�catians and conditions are satisfadory
and hereby accepted.
8uyer:
Signature:
Date of Acceptance:
6/2b/2012 2:58:00 PPi
1,304.00 LF
CdNFIRMED:
Aspen Earthmoving
Authorized Signature:
Submitted By: Rick Stevens
$3.00 $3,900.00
Totai Price: $3,900.00
Page 1 of f
Appendix A - Page 7 �v
�
. , �
Work Order Report
Project Hame:
Job Number:
Bid As:
Estimator:
Project Address:
Completion �ate:
��,'� � A �"' J����
�� ��
qe � c�
ASPEN EAR'�'HMOVING
Ft/1iQ\ 1040. RfR ItiDI'STR1' PI.:�C'E,CARIlf?\DAI.E, Ci) RIfi:J
PIfU\P: (97U)%J.O1177
�.1\: (9ibj4F3-2237
East df Aspen irail
212d60 B9d Number: 212060
General Contractar
Lucas Lizotte
Aspen, Aspen, CO
� 07.00 - Install5iit Fence
!'fl3 Silt Fence
;� Crew (325.00 L�/DY, 4.00 DY, 8.00 HR/DY)
� E337 Mini Excavator
C:� Operator
�.:�, labor
+".�r Labor
y Silt Fence. (Grand 3unction Pipe & Suppiy CO)
Customer: Pitkin County
Bitling Address: 76 Service Center Road
Aspen, CO 8161f USA
Phone: 970-920-5396
Contact: Lindsey Ufter
Job CosE ID
015014
015014
zoa
100
300
104
Task JC iD
Quantity UM
1,300.00 LF
1,3�0.00 LF
1,300.00 LF
16.00 HR
18.00 HR
36.00 HR
36.00 HR
7.,304.£l0 L�
6J2b/2012 2:56:51 PM Page 1 of I
Appendix A- Page 8 3�
Fran Soroka
From: Lindsey Utter
Sent: Friday, lune 29, 2012 8:37 AM
To: Gary Tennenbaum; Dale Will; Fran Soroka
Subject: FW: Fire Mitigation
Please see below.
Let me know if you have any questions or further requests.
Thanks!
Have a good day!
Lindsey
From: Lucas Lizotte [mailto:llizotte@aspenearthmoving.com]
Sent: Thu 6/28i2012 6:06 PM
To: Lindsey Utter
Subject: Fire Mitigation
Lindsey,
Aspen Earthmovings plan for fire mitigation during construction of the east of Aspen trail:
➢ Every piece of equipment, dump truck, and pickup truck is equipped with an ABC fire extinguisher
➢ There will be a fire extinguisher on the ground for all hand work
➢ We will have a 450 gallon water trailer with a pump and fire hose fulf and on site
thanks
Lucas Lizotte
Aspen Earthmoving
C. 970-379-6910
O. 970-963-0377
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addressee and may contain proprietary, confidential or privileged information.
If the reader of this message is not the intended recipient, you are hereby
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destroy all copies.
Appendix A- Page 9(Pitkin County Contract 132-2012)
��
� _ ..���
Contract # I 32-2012 -
Budget Line Item # 118.58.02507.86120
�
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..__...... _ ......... �� � .:.�! �� � �� ......., . ......
yr
NOTTCE TO PROCEED
DATE: June 13, 2012
TO: Aspen EarthMoving
FROM: Pitkin County
Aspen, Colorado 81611
Rev.8.28.1 / jaa/j.s
You are hereby authorized to proceed on June 13, 2012 or within ten (10) consecutive
calendar days thereafter, with the wark covered by Pitkin County Contract # 132-
2012.
All required permitting should be approved and on site prior to commencement of work.
i �J�
Pr u ment O�ce
33