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PITKIN COUNTY
BOARD OF COMMISSIONERS �
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THIS CONTRACT, made this �day of � " , 1977 by �
and between the PITKIN COUNTY BOARD OF COMMISSIO ERS hereiaafter referred to
as the "County", and SUN DESIGNS, hereinafter referred to as the "Contractor",
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W I T N E S S E T H: i
� WHEREAS, Pitkin County desires to explore means of constraining consumptive
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uses of fossil fuel energy by promoting and/ar requiring use of alternative
energy systems in the home and in co�ercial structures and, consequently
desires to examine its existing codes and land use regulations for appropriate
revisions, and �
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WHEREAS, the evaluation of the effectiveness of energy-saving proposals � '
is necessary before specific amendments to codes can be recommended, and
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WHEREAS, the Contractor has the necessary skills and proven ability to �_
assist in the review and evaluation of such proposals. �
�NOW, THEREFORE, for and in consideration of the premises and covenants �
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and agreements here3nafter contained, it is agreed by and between the parties �
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hereto as follows: �
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Article I. Contract Description ; ,
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The services to be performed under this contract by the Contractor are
outlined in detail as follows:
1. The Contractor will prepare a report identifying the range of passive �.
and active solar systems applicable to this area and other alternative sources
of energy for home and commercial structure operation and evaluate same for
effectiveness in reducing consumption of fossil fuels in Pitkin County. Said ¢
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report shall include but not be limited to: �
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a. Review of ineans for requiring alternative energy source reliance
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in new residential and commercial construction through zontng, building �
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code, and subdivision regulation amendments. f
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b. Evaluate the feasibility of such requirements, their efficiency I
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, and effectiveness in this area, and estimate longterm cosE and energy �
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savings both to the community and individual property owners. �
c. Evaluate the trade-offs necessitate3 in current land use and j
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siting design requirements. i
d. Review means of assuring the continued operation of alternative �
energy systems which are installed, such as through solar and other pro- �
tective easements or covenants.
e. Review the existing County insulation code and propose any amend-
ments which are necessary to further or to be compatible with above
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stated energy saving goals: �
f. Review the existing County insulation code and propose amendments
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which would affect remodeling of existing construction so as to require �
energy saving elements to the extent determined feasible by County Building �
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Officials. Furthermore, propose an incentive program whereby it would be �
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• in:the best interests of individuals owning existing structures to make �
energy saving modifications. �
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2. The Contractor agrees to consult and confer with City and County s
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Building Officials, local contruction trades personnel, architects, planners, �
and other related professionals arranging such meetings as are necessary to �
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give feedback on the techniques proposed and their effects. The Contractor
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shall confer with such persons throughout the duration of the contract, but �
shall in any event, schedule one meeting to gain input on the report by the �
first week in June. �
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3. The Contractor agrees to seek advice and reco�endations from related �
professionals in other parts of the the State and the Na[ion, to include any �
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conclusions in his report, and to schedule at least one meeting between the 4
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County Cormnissioners and the Board members of the Roaring Fork Resource Center �
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during the Energy Forum (May 27-29). �
4. The Contractor will prepare a preliminary report by May 23rd, to be �
discussed in meetings with County Officials and R.F.R.C. Board members later t
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that week. �
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5. At the conclusion of the Aspen Energy Forum, the Contractor will
revise the report based on advice and recommendations made during the p=evious :
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week and will submit a final report by July 22, 1977. The final report is
intended to finalize a recommendation on approaches to energy conservation i
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_ which the County should pursue; it is not intended to revise detailed technical �
aspects of the report.
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Article II. Pavment for Services
1. In consideration of the performance by the Contractor of the services
to be rendered as described above, the County agrees to pay the Contractor as
#ollows. The total maximum amount stated herein is not to be exceeded by the
Contractor unless an addendum, agreed to in writing on behalf of the County, is
executed. The County is in no way responsible or liable for expenses incurred �
exceeding those outlined herein.
a. Labor - hourly rate of $18.00 $ 2,000 �
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b. Reimbursables - specific materials �
and long distance telephone at cost 150 �
c. Reimbursable - travel per diem* 250 F
TOTAL EXPENSES $ 2,400 � �
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* On trips to Denver, Contractor shall use commuter tickets purchased �
through the County.
2. Any out of pocket expenses are to be �ncluded within the above outlined �
budget, and must be accounted for by receipts. �
3. Billings shall be maintained at 90% of actual expenses incurred �
throughout the pro3ect, and within 30 days after completion, County acceptance �
and approval of the work, the remaining 10% billings shall be paid by the County. �
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Article III: Method of Payment �
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1. Once each month the Contractor shall submit to the County an invoice �
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for expenses incurred, and furthermore, the Contractor shall use the County's �
_ Minimum Information Billing Form, which shall be completed in full detail for 3
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billing purposes. � _
2. After receipt and approval of charges, the County shall make payment �
thereon within 30 days of receipt of said charges to the Contractor, PROVIDED, �
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HOWEpER, that the total of the periodic payments shall not exceed 90Y. of the �
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total amount specified in Article II until the County receives and approves �
the release as provided in Subsection 3 below. �
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3. Prior to final payment under this contract, the Contractor shall j
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execute and deliver: �
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a. An assignment to the County of refunds, rebates, credits or �
�ther amounts, including the interest thereon, properly allocable to I
cost for which the Contractor has been reimbursed by the County under
this Contract; and
b. A release discharging the County for all liabilities, obligations,
and claims arising out of or under this contract.
Article IV: Performance Standards
1. The Final Report to the County is due to the County on or before
Friday, July 22, 1977. �
2, The Aspen/Pitkin County Planning Office (APPO) is responsible for �
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contract management and the Contractor shall work under the general and specific
direction uuder the APPO Director.
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Article V: Termination for Default or For Convenience of County
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1. The performance of work under the contract may be terminated by the
County:
a. Whenever the Contractor shall default in performance of this
,i contract in accordance with its terms, and fails to cure or show cause
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s why such failure to perform should be excused within ten days (or longer
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: as the County may allow) after receipt of a notice specifying the default � '
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from the County, or
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�� ' � b. Whenever for any reason the County shall determine that such �
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" termination is in its best interest.
The Contractor shall not be in default by reasons of any failure in �
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performance of this contract in accordance with its terms if such failure �
arises out of causes beyond the control and without the fault or negligence
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of the Contractor. Such causes may include, but are not resCricted to, acts
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of God, natural disasters, strikes, or freight embargoes, but in every case
the failure to perform'must be beyond the control and without the fault or
negligence of the Contractor. Upon request of the Contractor, the County shall i
ascertain the facts and failure, and, if the County shall determine that any i
failure to perform constituted excusable delay, the delivery schedule shall �
be revised accordingly and notice of default withdrawn. �
2. Notice of Termination. �
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-_ -- In. each evenl- of-teradnation, the County shall deliver to the Con- �
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tractor a written notice of termination, specifying the reasons therefore, and � '
the effective date of such termination. The effective date shall not be earlier I
than the date of delivery of the notice. �
3. Termination Procedure. �
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After receipt of the notice of termination, unless otherwise directed I
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by the County, the Contracto.r shall: I'
a. Stop work under the contract on the date specified in the notice
of termination;
b. place no further orders for materials, services or facilities; �
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c. terminate all orders and subcontracts to the extent that they �
relate to the performance of work terminated by the notice of termination; � :
d. with the approval or ratification of the County to the extent it �
may require, settle all outstanding liabilities and all claims arising
out of such termination of orders or subcontracts, the cost of which would �
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be reimbursable in whole or in part in accordance with this contract. �
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4. Termination Payment. �
After receipt of a notice of termination, the Contractor shall submit �
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to the County his termination claim in the form of a final invoice in accor- �
dance with Article IIZ, including costs incurred to the date of termination,
and costs incurred because of termination, which termination costs shall not
exceed 10% of the total shown in Article II; provided, however, that in the
event of default by the Contractor, no extra costs incurred because of termina-
tion shall be paid to the Contractor. Such claim must be submitted promptly, !
but in no event later than three months from the effective date of termination, !
unless one or more extensions are granted in writing by the County. Upon the
Contractor's failure to submit a claim in the time allowed, the C�unty may �
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review the information available to it and determine the amount due the I
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Contractor, if any, and pay the Contractor the amount as determined.
5. Settlement.
Subject to Section 4, the Contractor and County may agree upon the f
whole or any part of the amount or amounts to be paid, including an allowance j
for the fee to Contractor by reason of the termination of work. ±
6. Remedies. I
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The Contractor shall have the right of appeal from any determination
made by the County under Article V, Section 4 or 5 above, except that if the
Contractor has failed to submit his claim within the time provided in Section 4
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above and has failed to properly request extension, he shall have no such i.
right of appeal. In any case where the County has made a determination of the
amount due under Section 4 or 5 above, the County shall pay the Contractor:
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(1) the amount the County has determtned if there is no right to appeal or if i
no timely appeal has been taken, or (2) the amount finally determined on such �
appeal if an appeal has been taken. �
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7. Method of Appeal. !
Subject to Section 6, if.the Contractor disagrees�wlth the County's �
determination under Sectian 4 or 5, he can appeal this decision in writing to i
the County. Such appeal must be made within 20 days of receipt in writing of �
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the County's determi.nation. The County shall have 20 days in which to respond { .
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in wr3ting to the appeal. The County's response shall be final and conclusive �
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unless within 30 days from the date of receipt of such response the Contractor 1
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submits the dispute to a court of competent jurisdiction. f
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Article VI: Required Clause �
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The Contractor shall be sub3ect to the following provisions:
1. Aud3t and Inspection of Records. °
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�. The Contractor shall permit the authori��d representative of the �
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� County ta inspect and audit all data and records of the Contractor relating �
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to his performance under the contract up to three years after the completion s
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of this contract. !
2. Prohibited ?nterest.
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No member, officer, or employee of the Public Body or of a local
public body during hie tenure or one year thereafter shall have any interest,
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direct or indirect, in this contract or the proceeds thereof.
3. Equal Employment Opportunity.
In connection with the execution of this contract, the Contractor
aha11 not discriminate against any employee or applicant for employment because
of race, religion, color, sex or national origin. The Contractor shall take
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affirmative action to insure that the applicants are employed, and that
employees are treated during their employment, without regard to their race,
religion, color, sex or national origin. Such actions shall include but not
be limited to the following: employment, upgrading, demotion or terminaCion, -
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rates of pay, or other forms of compensation, and selection for training, �
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including apprenticeship. I
4. Minority Business Enterprises.
In connection with the per£ormance of this contract, the Contractor
will cooperate with the county in meeting his commitments and goals with
regard to the maximum utilization of minority business enterprises and will use
its best efforts.to insure that minority business enterprises shall have the
maximum practicable opportunity to compete for subcantract work if any under �-
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this contract. �
Article VII: Subcontracts �
Assignment of any portion of the work by subcontract must be approved in
advance by the County. The County will not be liable for the cost assigned
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�C as�k such approval.
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Article VII: Records �
The Contractor shall maintain complete and accurate books, records and
documents concerning the actual time devoted to this project.
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� Article IX: Principal Professional �
The principal professional involved in this contract is Mr. Gregory Franta,
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who is considered essential to the performance of this contract. In the event i.
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of death, disability or inability of Mr. Franta to perform, the County and the 1
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Contractor shall mutually agree on another professional to complete the duties 1
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within the scope of this contract.
Article XI: Governing Laws i
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This contract shall be construed under the laws of the State of Colorado. �
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In witness of this agreement, the parties have set their harids this
��dav of �__, 1977.
SUN DESI�NS PITKIN COUNTY, COLORADO �
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By: � 1.�, gy: � ' .
regor Franta Ch rman,,Bb��d��a€�i in
County C9iiaai.s`�iouera �
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ATTEST: ATTEST ���y �( '� z� 'j ;,�% I
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APPROVED AS TO FORM:
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County Attor��
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