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HomeMy WebLinkAboutbocc.con.028.1977 :;� � , . _. _. ,�.� _.. �, ��c4 r+, . ., .��,�bf'.� , � . .,,,r}�_: . '�., • � ��_'}g�E.�' i , ( t PIT%IN COUNTY � � BOAl2D OF COUNTY COMMISSIONERS � �ONTRACT No. 2 6 (77) � F LANDFILI, MANAGEMENT AND OPERATION CONTRA.CT � 'This Agseement, made and entered into this � day . of , 1977, by and between the BOARD of COUNTY � � � COMMISSIONERS OF PITKIN COUNTY, COLORADO, hereinafter referred � to as "County," and the FRANK BISHOP CONSTRUCTION CO„ herein- � : after referred to as "Contractor": WITNESSETH: WHEREAS the County wishes to have the Contractor manage the Pitkin County Landfill according to the plans and specifi- cations previously approved, and the Contractor wi.shes to assume such responsibility for the consideration hereinafter specified, NOW THEREFORE, in cos�sicieration of the premises and of the mutual covenants and the agreements herein contained, and the faithful performance thereof, the parties hereto agree as follows: ARTICI,E I Description oE Work � Section 1. Project Location. All work will. be performed at the Pitkin County Landfill located approximately eight (8j : miles west of Aspen on State Highway 82. � Section 2. Project Description. The Contractor agrees to undertake the operation and management of the Pitkin County Landfill according to the terms and provisions of the following documents {except as hereinafter modiEied): � a. An Invitation to Bid issued by the County and � : published in the Aspen Times on November 7, 1974; b. The Specifications accompanying this Znvitati.on �o Bid which consist of the "Pitkin County Land- j � fi12 hianagasrtent and Operational Plan" (prepared by Briscoe/Maphis Inc., and dated July 29, 1974) as modified by said Specifications; � — 1 — � r s .,.,.._.. _... .. _. ___._.. � � .:....,., ,.. - __ .. _. .... .... __ , f-�..:::....::....�..�.,�: � F t ��ir��.r�:kY;t,i�:•s'' -.._.... ._ . .. � . . . .. .. _.. . ...... _ . .. . " -_.. � - . � 'r. H �. . ..�-.�.4._. .� .. ; ... ..r;:,_,..,..,.. �,��.�..... . , ...... . fi �ki: "!`F, Y ' �y • h t��,,' • �'��. 1 1 � c. The Special Provisions accompanying the � , Y Invitation to Bid; and a � d. The Proposal executed on behalf of Frank � b 3 , Bishop Construction Company in response to Q . � -� the Invitation to Bid. � It is specifically understood and agreed that the � above described Invitation for Bids. the Contractor's Proposal, � the Specifications and Special Provisions, aIl being applicable �. to the Project and on file in the office of the County Engineer, � together with the modifications made in accordance with the provisions of the Specifications, are each and a11 included in and made a part of this Agreement. § Section 3. Len th of Contract Period. This Contract � 9 sha21 be for a term of two years beginning (retroactively) on May 1, 1977, and terminating on April 30, 1979. Section 4. Consideration; Renegotiation. The County agrees, as consideration for the services to be performed by the Contractor, that the Contractor shall receive the sum of � Four Thousand Three Hundred and Fifty (54350.00} Dollars per month. The County further agrees that, if at the end of the `' first year of this agreement the Contxactor shall have estab- � Zished that substantial increases in Euel and operatinq costs 3: i. make continued operation of the landfill under these terms z. 5 inequitable, the County will enter into negotiations with the � � , Contractor for a reasonable adjustment of the terms hereof. � , Section 5. Work. The Contractor agrees to, in a qood � i � � � and workmanlike manner, at his own cost and expense, and � strictly in accordance with this contract, furnish all q. - �. ' ; materials and do all work not herein specifically excepted, � necessary or incidental to complete management and operation � of the landfil.l site accordinq to the plans and specification �. which are part of this contract. - 2 - ¢ $. 4 �j � _ ,j .«........ .. ......._ ...._._ ..,.. _.... _ _. . . -i:i. • t 4 i'2 f t�'i�5`r . . . .'SY�: ' • �{�;i�, v '��:; i � 4 . i ,( ARTICLE II General Provisions € } � Section 1. Termination. The performance of work under : this Agreement may be terminated by the County whenever the ry Contractor shall be in default of this contract in accordance � with its terms, and fails to cure or show cause why such _..3 { failure to perform should be excused within ten days (or longer 3 , � as the County may allow) after receipt of notice from the � County specifying the de£ault. : 3 y � Section 2. Notice of Termination. In each event of � termination, the County shall deliver to the Contractor a written notice of termination, specifying the reasons therefore, � I � and the effective date of such termination. The effective date shall not be earlier.than the date of delivery of the notice. � !,�. '� Section 3. Termination Pzocedure. After receipt of the � 7 i notice of termination, unless otherwise directed by the County, � the Contractor shall: a. Stop work under the contract on the date specified in the notice o£ termination; b. place no further orders Por materials, services or facilities; 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 oE the County to the extent it may require, settle al.l out- � ; standing liabilities and all claims arising out of such termination of orders or subcontracts, the cost of which would be reimbursable in whole or in part in accordance with this contract. � Section. 4. .Termination Pa�+ment. After receipt of a notice of terntination, the Contractor shall submit to the County his termination claim, including costs incurred to the date of termi- nation, provided that no extra ccosts incurred because of termi- nation shall be paid to the Contractor. Such claim must be - 3 - � � x � -- --._. ,._ "' .. _..__ ..._ ._.__. ... ._ ..... . .... ...... .. ,.._ .... i '�,:•. � � � - • � : ': , ;:1Y2:`L�:a`l; _ _ , _- .. _.. � �!;' ' ���-;.: . . � ka�,� . �. submitted promptly, but in no event later than three months from y the effective @ate of termination, unZess one or more extensions § are granted in writing by the County. Upon the Contractor's � # failure to submit a claim in the ti.me allowed, the County may � review the in£ormation available.`to it and determine the amount due the Contractor, if any, and pay the Contractor the amount determined. Section 5. Settlement. Subject to the provisions of . � Section 4, the Contractor and County may agree upon the whole or " any part of the amounts to be paid. Section 6. Remedies. The Contractor shall have the p right of appeal from any determination made by the County under �' Section 4 or 5 above, except that if the Contractor has failed to submit his claim within the time provided in Section 4 abqve and has failed to properly request extension, he shall have no • such .: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 sha11 pay the Contractor: (a) the amount the County has � determined if there is no right to appeal or if no timely appeal has been taken, or (b) the amount finally determined on such appeal if an appeal has been taken. Section 7. Method of Appeal. Subject to Section 6, if the Contractor disagrees with the County's determination under Section 4 or 5, he can appeal this decision in writing to the � County. Such appeal must be made within 20 days of receipt in writing of the County's determination. The County shall have 20 days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within 3Q � - days from the date of receipt of such response the Contractor � ' submits the dispute to a Court of competent jurisdiction. � � � ARTICLE III Required Provisions � `...Section 1. Audit and .Inspection of Records. The Con- tractor shaZl permit the authorized representative of the County � �. � - 4 - i a � ,, _.. : ..-. ...,_.... ,,., _.. _..,. ... ...,:._. . .._ _. , ._ : , ,:.... ,... _. .f _st, t ,,. . Sw ' . Sr' ...�:lt.�_. ..� - ..�-;.`s;l`..:—. .::i�. ....... .. ... ..' .' ., ..: ,..� :..f..i,'7c. �1.�LrJ�_..:%:J: ���T n�.:.: �� -_ • ' - .�.. �' " • . �: .. ..� � .6�J"���. .. .. . �.. � �'1 • � ar°:i�3�.. .. , a���;;r • :�;w. , k to inspect and audit all data and records of the Contractor >� relating to his perEormance under the contract up to three years after the completion of this contract. � p . Section 2. Prohibited Interest_ No member, officer or $ . �.. employee of the County during his tenure or one year thereafter ;� shall have any interest, direct or indirect in this Agreement � k or the proceeds hereof. � � . Section 3. Equal E�[tplo�ment dpportunity. In connection � a with the execution of this contract, the Contractor shall not � � . discriminate against any employee or applicant for employment because of race, religion, color, sex or natioaal origin. The Contractor shall take 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 termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Section 4. MinoYity Business Enterprises. In connection . ract the Contractor will co- �` with the performance of this cont , �: operate 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 subcontract work if any under this contract. Section 5. Subcontracts; Assignment. The Contractor shall � �t not, without the prior written consent of the County, assign all � ._ r or any part of this agreement; nor shall the County be responsible � to any subcontractor hezeunder, it being understood that all � recourse by such subcontractors is Iimited to the Contractor. � �Section 6. Governing Laws. This Agreement shall be construed under the laws of the State of Colorado. �' � � - 5 - � � � � ;r ' 3 il . .. . .. _: :] . ... ....... ........._.._......_. � .. . . . . .. ......._.. . ........ ._...... . ......„.... . . .. . I_ t s �; - . -'^7 d � .. - . :. :_,,, . . .. : ' ,,.4�iF,,�x. r... . . ,_ y.w�". . . . _., ��.....��... _.._�:;...� .. � . .: • . .. .. _ _..... . ._. . ....__ . b.' r•� . €=:` '..,-; i IN WITNESS WHEREOF, the Board of County Commissioners of � i i Pitkin County, Colorado, and Frank Bishop, on behalf of the � � Frank Bishop Construction Co., have executed this agreement on ' the day and year given. THE BOARD OF COUNTY COMMISSIONERS , OF PITKIN COUNTY, COLORADO By Mic ael Kinsely, Cha= an Date: S 7 � 77 � ATTEST: . _ : =J� nt�•.Clerk' . , i j'. s. .�� G r r : �,� 4��,���x ;� { . FRAbTK BISHOP CONSTRUCTION CO. M . rN ��1 ..F . . , a �,�; ., �.'/�yh� ���.'O/✓l y�: l By c�i.' �.t+"��E( ) '�y'��. .' ,JO�' Frank Bishop '`C O Date: '�¢Cf�Z� ',r ;t ,, l.';.y. '' . � � . � .. - :.,.�..'.._ . . . 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