HomeMy WebLinkAboutbocc.con.120.1996 ��� . u�,. • ,
r tr _ ., ,.�'.
�.., •
k.. .. , �� i ...� . .. �� . ,�: ..� ,.
' r���-�.•� �. .. . ...� .. �. " �....:. � .. ._.
...., � . � .. . , � . .... . .. �. ...... . �.�.... , .. . -. .-
) ,
.. ry.��it..
��`.�
' � �1:�'yi•
�y�P- %�7
CONTRACT DOCUMENTS 1�
. �.
Pitkin County Airport Construction
�pntractor:
Laughing Bear Construction
931 Colorado Avenue
Glenwood Springs CO 81601
Owner:
i
Pitkin County Board of Commissioners
� 530 East Main Street,3rd Floor
Aspen,CO 81611
(97Q)920-5211
;
i
�
Pitkin County Administration Offices �
November 1996
� . �;:;..;
,. , �
` , � ..:
. • ��
:'�. .
.i'` , .
;:.,
'=�� . .. �'��,.. .. . ,. . .. . : ., ., .. . r ... , . .. ,.., . . ..___ � ..:c:!;ti: , .. .
^.
;�S NU`i
�,!yy� i...
. W'�;`rS��;'
i. Agreement �,,
�,
i
�
. �
`
I
i,
i �-
i
/ �t-.�.. ..
+
.-. � -
.
- � �
�, .
_�� .
�.-...;.
c.�.
�'::-:
�'::;;
� �..`. :'�__•
PITKIN COUNTY CONSTRIl�ION CONTRAGT � �'
AGREEMENT �� ��,
r". .
. , ,'.
THIS AGREEMENT, made as of the 6th day of November, 1996,
by and between the County of Pitkin, Colorado, a Colorado home-rule _
county, (hereinafter calied the COUNTt�Laugning Bear'Construction (herein- -
after called the CONTRACTOR). �":�
;.
, '
WITNESSETH, that whereas the County intends construct an � - �
exterior cover for the baggage belt, hereinafter called the PROJECT, in •
accordance with the terms and conditions outlined in the Construction �
Documents and the associated Pians and Specifications. .
NOW, 7HEREFORE, the County and the Contractor, for the �
considerations hereinafter set forth,agree as follows:
1. THE CONTRACTOR AGREES to furnish all the necessary labor, F.�
materiais, equipment, tools and services necessary to complste in a ;
" workmanlike manner all tasks required within the scope of work for the E
completion of the Project, in strict compliance witY► the contract
documents herein mentioned,which are made a part of this contract.
8. CONTRAC't TIME AND LtOUIDATED DAMAGES. WOfk UI1d@t'
tnis Agreement shall be commenced by November 6th, 1996, and shall be
substantially completed by December 9, 1996, or the contractor hereby
agrees to pay County Liquidated Damages in the amount of S100 per
calendar day for each day or part of a day the Project is not compieted by a
the completion date here established. F'
b. SU8-CONTRACTORS. The Contractor agrees to bind �
every sub-contractor by the terms of the Contract Documents. The
Contract Documents shall not be construed as creating any contractual �
relationship between the sub-contractor and the County. `
2. 7HE COUNTY AGREES t� pay, and the Contractor agrees to
accept, in full payment for the pefformance of this Contract, the Contract .
with a top-set of S�500o0.00, as further defined in Section iii. of tnese
documents, subject to increase or decrease in accordance with the provisi- �
ons of the Contract Documents. �
a. Progress paYments shall be made in accordance with
these Contract Documents. �
; i
� . `
"' . .
�
,,
� ,a�:;
�:�.,•
�: '�
a. ,.;..
3. CONTRACT DOCUMENTS. In the event that any provision of ,
one Contract Document confiicts with the provision of another, the 1,
provision in the Contract Document listed first below shall govern,except as �
otherwise specifically stated: ''••
i. Agreement
ii. General Conditions
iii. Required Clauses
iv. Change Order Form 'r'
v. Notice of Non-compliance �
4. AUTHORITY AND RESPONSIBILITY OF THE PROJECT MANAGER. . �
AII work shall be done under the general supervision and direction of the •
Project Manager or her designee. The Project Manager shail decide any and
ail questions which may arise as to the quality and acceptability of rnaterials
furnished, work performed, rate of progress of the work, interpretation of
the Contract,change orders(within the limits of her authoritV)and all other
� questions as to the compliance with tne Contract on the part of the •
Contractor.
. S. SUCCESSORS aNO aSSiCNS. This Agreement and all of the
covenants hereof shall insure to the benefit of and be binding upon the
County and the Contractor respectively and their agents, representatives,
employees, successors, assigns ancl legal representatives. Neither the
County nor the Contractor shail have the right to assign, transfer or sublet ;•'`
his interest or obligations hereunder without the written consent of the
other party.
6. THIRD PARTIES. This Agreement does not and shall not bE
deemed or construed to confer upon or grant to any third party or parties,
except to parties to whom Contractor or County may assign this Agreement
in accordanCe with the speciflc written permission, any rights to claim
damages or to bring any suit, action or other proceeding against either the
County or Contractor because of any breach hereof or because of any of
the terms,covenants,agreements or conditions herein contained.
7. WAIVER. No waiver of default by either party of any of the
terms,cavenants or conditions hereof to be performed, kept and observed -
by the other party shall be construed, or operate as, a waiver of any
subsequent default of any of the terms, covenants or conditions herein
contained,to be performed,kept and observed by the other party.
8. AGREEMENT MADE IN COLORADO. The pat'ties agree tflat this •
Agreement was made in accordance with the laws of the State of Colorado � -
i
i
, ,"' .
, •
.a -
-.,
.�.
: • .
.�. ��.
��-:
�,5,:.n
ff':..':,
arr',�`:'.
�,.:
and shall be so construed. Venue is agreed to be exclusively in the courts of
Pftkin County,Colorado. {r,- <,.
, �..
9. ATTORNEY'S FEES. In the event that legal action is neces5ary :'���':.��r .
to enforce any of the provisions of this Agreement, the prevailing party �.
shall be entitled to its costs and reasonable attorney's fees, � `
10. WAIVER OFpRES�JMP110N. This Agreement was negotiated -
and reviewed through the mutual efforts of tne parties hereto and the
�..:'-.7,. '
parties agree that no construction shall be made or presumption shall arise
for or against either party based on any a►leged unequal status of the �,�� , .
parties in the negotiation,review or drafting of this Agreement. ? ,
;.:
11. AUTHORIZED REPRESENTATiVE. The undersigned repre- �`
sentative of Contractor, as an inducement to the County to execute this ; �:
Agreement, represents that he/she is an authorized representative of �
Contractor for the purposes of executing this Agreement and that he/she
has ful!and complete authority to enter into this Agreement for the terms �-;�
and conditions specif+ed herein. `
• IN WITNESS WHEREOF, the parties have made and executed �
this Agreement,the day and year first above written. �
COUNTY OF PITKIIiI,COLQRADO LAUGHINC BEAR CONSTRUCTION �
dba: James E.Colvard � ,,
By: �'-��—w- r�—S�� �
' True,Chairman /%���Y� a es E.Colvard
530 East Main Street 93 Colorado Avenue :
3rd Floor Glenwood Springs CO 81601 �� �
- Aspen,CO 81611 '
�,.�..�-�P /�-G -�� �
ATTEST: '
�
i n
�''�Y'� C��'L/`�"'i-^'�,�'z`/ .
�P.i�kin County Clerk C "
�eanette.lones
�
, i
,
� �_:..
� - ,
a
,,,.i:
+i
. ,
, .
.. ,
,:� , .
. .. . , :,. : : . , ;:
,;:,� a;��.
��;
RECOMMENDED FOR APPROVAL:
�
� �.
��--��`C,�;(�:-��"�%l�.l��.L, � �� -�:
Temple Giassier ,� Su n e Konch
ProJect Manager Cou Manage
APPROVED AS TO FORM:
' John
Co y lorney
. ;
�
I'�-
� ' . ,�`-� .
..., . i _
. .
:'�� , �
,�: ,
,E
. . .,.:... ,, ... ..:_ ,-....
1i 1... ..'.)-!. ' .. . . . . . . . .. ... . . .. .. , ...
�� ��,
�?I
. �y14�:
ii. General Conditions
,
�
..�.
� .��
• �I :. .
,
�
�
. ;
�
i
�
�
. ;
� --
i
/ r �;;-'�.ry
t
..., , "`
.
:i'�z- '
•y::. ,--.
`s-%
. - ... . -' . � ' � � � . ' � , ,. . , r.ef..c A.., .�.,..�.wv�cr r,.3...�dr.......� -
�`�;ii�...
�'��-?'�'
��
:i+�
`-:
CENERAL CONDITIONS t;� �,
�
11 The intent of the Drawfngs and specifications is that the Contractor shall fumish all ,��, � �
labor, materlals, tools equipment and transportatton for the proper execution of '••
the Work in accordance wfth the Contract Documents and alt incidental work
necessary to complete the Project in an acceptable manner,ready for use. i�`
The Contract Documents are intended to provide a general definition of the
requirements for the proiect and standards for material and workmanship which
the Contractor is expected to meet Drawings and Specifications should not be ' ' -r
considered complete and the Contractor is expected to ver(fy and expand on the F,,:�
information contained herein durfng construction of the project The County �.
assumes no responsibility for the accuracy antl completeness of the preliminary �' �
design information contafned herein. �Y. �
Five f5)copies of the Contract Documen�w(II be furnished to the Contractor upon '
request, and any additional copies which the Contractor may request will be �c�
furnished at the cost of reproduction. In addition,one full scale reproducible copy '
of each Contract Drawing will be furnished to the Contractor without charge. 7hese '�
Contract Documents are to be used only fn connection with the Work specified t
herein and,with the exception of the signeQ Contract set,are to be returned at the ..�'
completion of the Contract. �-
•a,.
In case of confliCt between the Drawings and Specifications,the Specifications wfil
" govern. In case of conflict between the Invitation For Proposals and Technical �i •
Specifications, the Technlcal Specifications shall govern. Flgure dimensions on �`
Drawings will govern over general Drawings.
Any discrepancies found between the Drawings and Specifications and site
condltions or any inconsistencies or ambiguities in the Drawings or Specifications
shaU be immediately reported in writing to the County Representattve who will
� resolve such inconsfstencies or ambiguities. Work done by the Contractor after his
discovery of such discrepancies,inconsistencies,or ambiguities shalt be done at the
Contractor's risk.
2) The ContraCtor may be furnished adclitionai instructions by the County
Representative, as necessary to carry out the Work required by the Contract '
Documents. All additional instructions shall be issued to the Contractor by the
County or the authorized agent of the County or by the County Representative.
The additional instructions thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the
additional instructions_ ,
i.
3) 7he Contractor shall pay aN applicable royalties and license fees. He shall defend all ", .
suits or clafms for infringement of any patent rights,and save the County harmless '
from loss an account thereof.
�
4) The Contractor shaA be responsible for all the Work under this Contract until i`•�
compleUon and final acceptance thereof, except that the Contractor wip not be �'
responsible for the damages or losses of any nature and from whatever cause that �=`� -
may occur to the Work that are caused by excepted risks; which are war hostilities �
(whether declared or notl, invasions, usurpation of the national power, civil wars, �; � �
;
�'
�.
� �:,
� t
� �
F�;',=;`<;
:'r.`
w ?' ::::.
revolutions, insurrections or commotion�s, disorders or tumults forefgn to the
persons who are under the control of the Contractor. ;' `=
The Contractor sha0 supervise and direct the Work. He shali be solely responsibte for �=` ''
ti.
the means, methods, techniques, sequences and procedures of design and �
construction. The Contractor shall employ and maintain on the Work a qualiFled -' � . �
supen�isor or superintendent who shail have been destgnated in writing by the �.
Contractor as the Contractors representat(ve at the site. The supervisor shall have j:��._
full authority to act on behalf of the Contractor and all communications given to the
supervisor will be as binding as if given to the Contractor. 7he supervisor shall be
present on me site at all times as required to perForm adequate supervision and
coordination of the Work.
,:�. ..
The Contractor shall empioy on the Work only such persons who are competent and h `
skiiled in their assignments. Any employee who obstructs the progress of the WorK j � '
through incompetence or oYher means or conducts himself improperly shall be •
discharged or removed from the Work. �
�
All equipment usetl on the Work shall be of such type,size and amount,and in such ;�
mechanicai condition as to meet the requirements of the Work and produce a satis- '
factory quality of Work. The Contractor shall repiace unsatisfactory equipment and �
furnish additionai equfpment '
,
Upon completion and before finai acceptance of the Work, the Contractor shali `
remove from the site of the Work aff machinery, equipment, surpfus materials, �I
. rubbish,barricades,signs and temporary structures and shall leave the premises in a
condition which complies with the requirements of the specifications.
The Contractor shall keep one record set of the construction plans and �
specf�cations,annotated to show all changes made during construction.
t :
The Contractor shali be responsibie for the acts and omissions of afl of his
employees and all subcontractors,their agents and employees and all other persons
' performing any of the Work under a contract with the Contractor.
� The County may at any time,as the need arises,order changes within the scope of ,
the WorK without invalidating the Agreement. If such changes increase or decrease
the amount due under the Contract Documents, or in the time required for ��.
performance of the Work, an equitable adjustment will be authorized bV Change !�
order as required in the cHANCE oRDER section oP these contract Documents. �
61 The date of begfnning and the time for completion of the Work are essential
conditions of the Contract Documents and the Work embraced shatl be commenced i
on a date specified in the Notice to Proceed. �
If the Contractor shall fail to complete the Work within the Contract Time, or
extension of dme granted by the County, then the Contractor shall pay to the
Owner the amount of liquidated damages and not as penalty as speciFled in the '
Proposal for each calendar day that the Contractor shal(be in default after the time
Stipulated in the Contract DoCUments. _
1
The County will charge the Contractor far al!engineering and inspection eacpenses
incurred by the County in connection with any Work accomplished after the
specified compietion date. ,
, i
� ' -
� , 1� .
� '
. ,
� � �
,
.>'.. . , , .. , ,_.. . . ._ ..
',�•-.".',
�':':'
:-,,
�
The Contractor will not be charged with Ifquidated damages or any excess cost when ti.
the delaY in completion of the work is due to the following,and the Contractor has '
promptly given written Notice of such delay to the County: ��.,.
a) To any preference,priority or allocation order duly issued by the County.
b) To unforeseeable causes beyond the control and wlthout the fault or
negligence of the Contractor,including but not restricted to,acts of God,or of the
public enemy, acts of the County,acts of another Contractor in the performance of r �
a Contract with the Owner,fires,floods, epidemics,quarantine restrictions,strikes, ,�
freight embargoes,and abnormal and unforeseeable weather. ,
c) To any delays of subcontractors occasioned by any of the causes specified in '
any section of these Contract Documents.
7) During the life of the Contract and for a period of 365 days after final acceptance, '
the Contractor shall promptly remove from the premises all Work rejected by the
Owner for failure to comply with the Contract Documents and approved
construction plans and specifications,whether incorporated in the constructlon or
not, and the Contractor shall promptly replace and re-execute the Work in i'
accordance with the Contract Documents and approved constructlon plans and
specifications and without expense to the County and shail bear the expense of `
making good ail work of other contractors destroyed or damaged by such removal
. or replacement. The County, however, may at its discretion elect to accept an
equitable reduction in price or a refund instead of correction of the condemned
work.
All removal and replacement Work shall be done at the Contractor's expense. If the �
Contractor does not take action to remove such rejected Work within ten (10)days ��
after receipt of Written Notice,the County may remove such Work and store the ,
materials all at the expense of the Contractor. �
8) The Contractor shall promptly,and before such conditions are disturbed, except in �
the event of an emergency,notify the County by Written Notice of: r
a) Physicat,including subsurface,conditions at the site differing materially from
those indicated in the Contract Documents;or ,
b1 Unknown physical condittons at the site, of unusual nature, differing
materially from those ordinarily encountered and generaliy recognized as inherent
in the Work of the character provided for in the Contract Documents.
The County wili promptly investigate the conditions and if he flnds that such
conditions do so materially differ and cause an increase or decrease in the cost of,or ,
in the time required for,performance of the WorK,an equitabie adjustment wili be
made and the Contract Documents will be modified by a Change order. Any claim of
the Contractor for adJustment hereunder wili not be ailowed unless he has given the 3
required Written Notice;provided that the County may,if it determines the facts so
Justify, consider and adjust any such ciaims asserted before the date of finai ..
payment.
9) The County for its convenience may suspend the Contract in whole or in part any
time by written or telegraphic notice to the Contractor. such notice shall state the '" �
� •�"'�.
. r
a
�i�, -
�.;'•,i
, t+...
extent and the effective date of such suspensfon,and on the effective date thereof ; �
the Contractor shall promptly suspend such work to the extent speciHed,and during �
the perfod of such suspension shatl properly care for and protect a!! work and , 1.
materials, housing and equipment on hand for construction under the Contract. '
The Contractor also shall promptly wpply to the County copies of all outstand(ng ',.,
orders for materials,equipment and services,and shall take such action relaUve to
such orders as may be directed by the County. If the performance of the Work is
thus suspended,the Contractor shalt be entitled to be reimbursed for all additional •
expense incurred by reason of such suspension as agreed upon by Contractor and ;'•;
County. •
;.r.
While time is of the essence of the Contract,the time during which the Contractor is
actually delayed in the performance of work hereunder by the acts of omission or .
commission of the County or of their employees or agents,or by the acts of God,ar '
by the elements which the Contractor coutd not reasonably foresee and provide �
against, or by other causes beyond the Contractor's reasonable control, including
without limitation,strikes,boycotts,or fike obstructive action by employees or labor
organizations, may be added to the aforesaid time of completion of safd Work `
under the following circumstances;no extension of time shall be consldered unless
the cAntractor gives prompt written notice to the County of the event causing such
delay and the probable duration thereof,together with essential supporting data.
The County shali review the data so submitted and shall take into account such �
information as is within the knowledge of the County's representatives,if approved
by the County,a written extension of time for completing the WorK shall be granted
- for the period reasonabty;ustified and not otherwise. The Contractor shall not be
entitled to, and does hereby waive any and all damages which it maY suffer by
reason of the Owner hindering or delaying the ContraCtor in the progress of the
work or any portion hereof.
9� The Contractor, within ten (10)days after the receipt of the Notice of Award,shall
furnish the Owner with a Performance Bond in penal sums equal to the amount of
. the Contract Prtce, contlitioned upon the performance by the Contractor of all
undertakings, covenants, terms, conditions and agreements of the Contract
Documents, and upon the prompt payment by the Contractor to atl persons
supplying labor and materials in the prosecution of the Work provided by the
Contract Documents. such Bonds shall be executed by the Contractor and a
corporate bonding company licensed to transact such business In the state in which
the Work is to be performed and named on the current tist or"SUrety Companies
Acceptable on Federai Bonds" as published in the Treasury Department Circular
Number 570. 7he expense of these Bonds shall be bome by the Contractor. If at any
time a surety on any such Bond is declared a bankrupt or {oses its right to do
business in the state in which the Work is to be performed or is removed from the
list of Surety Companies accepted on Federal Bonds,the Contractor,within ten(10)
days after notice from the County to do so,shalf substitute an acceptable Bond in
such form and sum and signed by such other surety or sureties as may be
satisfactory to the County. The premiums on such Bond shall be paid by the .
Contractor. No further paVments will be deemed due nor shall be made untii the
new surety or sureties shall have furnished an acceptable Bond to the Caunty.
11) The Contract shall not be assigned,subiet or transferred tn whoie or fn part by the
Contractor, nor shatl the Contractor assign any moneys due or to become due
wlthout prior written consent of the County, and any attempted assignment
hereunder without the previous written consent of the County shall be void.
�'
i
. i'
_a
,
�� ,,,
"r ' ,
r.r,
121 7he County reserves the right to perform, or have pefformed, in and about the ;_ ;" •--
Work during the time when the Contractor is performing its work hereunder such ' `=
other work as the County may desire and the Contractor shall make all reasonable �: .,
effort to perform its work hereunder in such manner as will enable such other work ;.
to be performed without hindrance from the Contractor and wfll make no claim for •
damage aga(nst the CountV arising out of such other work or interference therefr- '� '. �,'
om.
13) The Contractor may utilize the services of specialty subcontractors on those parts of
the Work which, under normal contracting practices, are pefformed by specfalty
subcontractors. This shall include the services performed by the Design Engineer,if
the Design Engineer is a separate organization. �
.,r
Before execution of the Contract, the Contractor shall submit the names of all �
subcontractors to the County. �
The Contractor shall be fully responsible to the County for the acts and omissions of �
his subcontractors,and of persons either directly or indirectly employed by them,as .
� he is for the acts and omissions of persons directly employed by him.
The Corttractor shall cause appropriate provisions to be inserted in ail subcontracts
relative to the Work to bind subcontractors to the Contractor by the terms of the
Contract Documents tnsofar as appliqble to the WorK of subcontractors and to give �
the Contractor the same power as regards terminating any subcontract that the
County may exercise over the Contractor under any provtston of the Contract
- Documents.
Noming contained in this Contract will create any contractual relation between any
subcontractor and the Owner.
14) The County Representative fs: �
. Temple Glassier,Project Mana9er
530 East Main St.,3rd Floor
Aspen,CO 81611
(9701920-5211
Nothtng contained within the Contract Documents shall create any contractual
retationship between the County Representative and the Contractor.
The County Representative shall interpret the intent of the Contract Documents In a
fair and unbiased manner and shall prompUY notify the Contractor of any Work,be
it design or construction related, which does not conform to the Contract
Documents.
The County Representative shall at all times have access to the Work wherever it is in
p�eparation and progress. When directed by the County, the Contractor shall
provide facilities for such access so the County Representative may perform his "
functions under the Contract Documents.
The County Representative will have authority to reject work which does not
conform to the Contract Documents whenever, in his opinion, he considers it
necessary or advisable for the implementation of the intent of the Contract.
i
�
� t�' .
.., . .
a
.;i
�IYIi��l� I . . ..,.....m...�__.._ ._....... .
��P'_�
� 15l The Contractor shall guarantee all materials and equipment fumished and Work "
performed for a period of one t1)catendar year from the date of final acceptance of �
the Work,that the Work is free from all defects due to faulty materials or free from �*•
atl defects due to faulty materials or workmanship and that the Contractor shall
promptly make such correcCfons as may be necessary by reason of such defects, .•'�,•
including the repairs of any damage to other parts of the system resulting form such �
defects. The County will give notice af observed defects with reasonable
promptness.ln the event that the Contractor should fail to make such repairs,
adjustments, or other Work that may be made necessary by such defects, the
County may do so and charge the Contractor the cost thereby incurred. The
Perfo�mance Bond shail remaln in full force and effect through the guarantee
period. ,
Whenever(n the SpeCifications a guarantee or maintenance bond is required to be
furnished for any item of equipment, material or portion of the Work, such '
guarantee shali be submitted to the CountY and a written approval wftl be issued to
the Contractor before any such equipment,material or constructior►is ordef ed and
incorporated in the Work by the Contractor. '
16) Ail claims,disputes,and other matte�s in question arising out of,or relating to,the ,
Contract Documents or the breach thereof will be decided by arbitratlon in
accordance with the Construction Industry Arbitration Rules of the American I.`�
Arbitration Association. This agreement to arbitration wfll be specificaily enforcea-
ble under the prevailing arbitratfon law. The award rendered by the arbitrators will �
be final, and judgment may be entered upon it in any court having jurisdiction
thereof.
Notice of the demand for arbitration will be filed in writing with the other parly to �
the Contractor pocuments and with the American Arbitration Associat3on,and one
copy will be filed with the Owner and one copy with the Engineer.Demand for � ;:_
arbitration will in not event be made after institution of legat or equitable
proceedings based on any cla(m,dispute or other matter in question which would
be barred by the applicable statute of limitations.
The Contractor shal�carry on the Work and maintain the progress schedule during
any arbitration proceedings,unless otherwise mutuatly agreed to in writing. E
17) In the event of failure of the Contractor at any time to perform the Work either in �
wnole or parC according to the terms hereof, and/or in the event of defective ti
workmanshtp,and/or materials furnished by the Contractor as may be determined
by the inspection of the County,then the County at any time may,at its discretion, �
require the Contractor to remedy such failure or defect at such time as may be '•
specified by the County at no expense to the latter, or may undertake to remedy j
such failure to defect and deduct from any payments due,or to become due,to the ,
Contractor, the cost thereof, or may terminate the Contract and/or complete the
same and deduct from sums due or to become due to the Contractor,or recover , .
from the Contractor costs of completion or correction plus damages due to the
Contractor's fa+lure to perform.
i.
�
�
" ,..
. ' ;
,
�?. .
... .__ _
_ .
::;� .,.
� , ... . .. . . ' ' . . ' � . . � . ..,....A� _ ,._.._� ..._ . .. ... . . � .
,4.:;:`:
`,.
SUPPLEMENTARY CONDITIONS .�
°:.
1) The Contractor agrees to supply at the location where the work is to be performed
at no charge,other than the compensation provided on the face of the Contract, �.
everything necessary for the complete performance of the Contract, including all
labor,impiements,tools,equipment,machinery and materfals.
Should the Contractor at any time during the pefformance ot the Contract be
delayed in the performance of the Work hereunder by reason of lack of materials or
equipment to be furnished by the Contractor, the County reserves the right to ;
supply such materials or equipment to the Contractor,at the County's cost,and the �
cost of such materials or equipment shall be deducted from the amounts becoming .
due to the Contractor hereunder. '
7J The Contractor agrees to designate, appoint and ma(ntain a competent
' Superintendent who,on behalf of the Contractor shall have complete charge of all
work under the Contract. The Contractor shall promptly advise the County in
writing, giving the name, address and telephone number cday and nightl of such
designated Superintendent and of any changes from time to time in such
superintendent.
3) All elevations indicated or specified refer to U.S.G.S. Datum Plane.
4) It shall be dfstinctly understood by the Contractor that the Contract is made for the
consideretion set forth on the face of the Contract and that the Contractor shall
have by careful examination satisfied himself as to the nature and locatton of the
work to be performed, the conformation of the ground, the character or
equipment and facilities needed prelimfnary to and during the prosecution of the
work, the generai and local conditions, and as to any and all other matters and �
conditions which can in any way affect the work under this Contract. No verbal �
agreement or conversation with any officer, agent or employee of the County,
� efther before or after the execution of the Contract,shall affect or modify any of
the terms or obligations herein contained.
5) By their signatures on the Contract,Contractor and County mutually agree that no
payment or issuance of a certificate of partial completion made under the Contract
shall be evidence of the performance of the Contract,either whoily or in part,and
that no payment or issuance of a certificate of partial completion shall be construed
to be an acceptance of defective or improper materials.
67 The Contractor hereby agrees to pay to the County all attomey's fees in all court
actions brought by either of them against the other or in which they are both
plaintiffs or defendants, and also in court actions involving offsetting claims
between Contractor and County,because of any doubts,disputes or actions arising
out of this Contract,except in the following cases: ,
a) When the Contractor obtains a favorable net Judgment against the
County after consideration of ciaims and offsets of the County which
are allowed by the court against the Contractor, for breach of the
contract.
b) When the County fs denied a favorable judgment by a court in any suit
against the Contractor which may be brought by the County.
i
� ';�-.. �
.-. • ;
a
. , . .. . . ;_�'; :. . _
-" �;
T �,,
� �r�� .
v,fh: ,
.`, •.
7) The County may require the removal or discharge of any person employed In or �;,
about the facilities of the County if tt determines that the employment of such ti�
person is detrimental to the performance of the work under the Contract, or if,in
the owner�s opinfon,the employee is not qualified to perform the work assigned ���.'•. .
him or is guilty of improper conduct.
8) All notice5 required or permitted to be given under th(s Contf'act may be given bV
either party to the other by dep�s(ting same in the Unit States Maii, Certifled mail -
with return receipt requested,enclosed in a sealed envelope with ftrst class postage
thereon, fuliy prepaid, or by telegram, either of which shall be addressed to the �'.;.~
respective parties at the addresses shown in the Contract The address of either
party may be changed at any time by writCen notice to the other of such change. ' .
Any notice in the form of a Ietter deposited by elther party shail be cfeemed to have �
been given and received bV tt�e other party witFifn twenty-four t24) hours after '
mailing as aforesaid. Any notice given by telegraph addressed as above provided,
shall be deemed to have been given and delivered withfn twelve(12)houts after the
message is submitted to the telegraph company.
9) The Contract, together with the other documents referred to therein, shali
constitute tt►e enGre agceement between the parties and shail 5upersede all prior �;�
negotiattons,proposals,and purchase orders,whether written or oral. t
4•-
101 The Contractor understands that the public nature of the building may require the `
County, through order of the District Judge, to de{ay or temporariiy postpone
. continuanCe of the work at any time. The Contractor agrees not to increase the cost
of the work for said delays. The CountV agrees to extend the CONTRACT TIME, if
requested by the Contractor, because of any stop In work brought about by the
District Judge's order.
�, :':�
s
; .
Ii
t;�
r:; ..
��� �'
t�
i;
;.
, �::.
, ,
t
, _ .
. � .
...
w 21,� . , ��i ' .,, -,.�� : �.:f. .� �%�. ' �/ �..�" ..' . .� . . 1� �}1��. ... .r�. �n.. .
� .i�.. �_- l u �
..i . . .. -.. . � . .. ° . , ,.... ,.. . �,s1�:.
�� �x,.:
��>;
i�:
iii.Required Clauses
�.,
;,
�i
;
�
s
i
� l
. �)
�
�
�
i
'. --
y
i . . t r� '
�
. � `
� - .�.
•
`•� , .
•u:: •
-...�
:�.;;. � .,
��``�
•�'-�'..
;,;
asouieeo c�ausES ' -
,.
7he Contractor shall be sub)ect to the following provisions: x.
�•.
1. COMPLIANCE WfTH PROCUREMENT CODE AND AAPLICABLE STATE CONTRACTING LAW '
A. The Contractor acknowled9es that this Agreement is entered into subject to the
requirements of the"Pitkin County Procurement Code," (SeCtion 8.5 of the Piticin
County Home Rule Charter, Resolution No.8237, April 12, 19821. as such, the -
Contractor agrees to comply with al!requirements of said Procurement Code,and -
such requirements are incorporated herein by this reference. The Contractor also °`:r
acKnowledges that thfs Agreement is subject to applicable state contracting law . �
including, without iimitation, C.R.S.Sections 38•261o1 � se°_, 24-92-1Q1 �Sgq., .
43-2-101�se°•,43-2-201�t Sg9, ' �
B. The Contractor shall immediately notify the County Manager in writing of any
viofation of said Code or statutes by the County�s employees or agents, which
violationcs)is known or should have been known by him, and failure to so not3fy
the County of any violationts)within five(Sf days of knawledge of such vtolations
shal!be considered a breach of this Agreement. Further,suCh failure to notify the
County of violaTion of the Procurement Code or statutes within five t51 days of '
Knowiedge shall be deemed as a wafver of any action or defense that the '�
Contractor may have against the County by reason of such violation of the
• Procurement Cotle or statutes.
2. WARRAdTIES AGAlNST CONTINGENT FEES CRATURIES KICKBACKS AND CONFtiCT OF
l�BE.SI
A. Covenant Against Contingent Fees. The Contractor warrants that no person or
seliing agenCy has been employed or retained to soiicit or secure this Contract R.__
. upon an agreement or understanding for a commiss(on,percentage,brokerage,or
contingent fee, excepting bona fide emploYees or bona flde established
commercial or selling agencies maintained by the Contractor for the purpose af
securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former
ernployee of Pitkin County a gratuity or any offer of empioyment in connection
with any decision,approval,disapprovat,recommendation,preparation of any part
of a program requfrement or a purchase request,influencing the content of any
specification or procurement standard, rendering of advice, investigation,
auditing, or in any other advisory capacity in any proceeding or applicatfon,
request for ruling,determination,ciaim or controversy,or other particular matter,
pertaining to this Contract or Subcontract, or to any solicitation or proposal
therefor.
C. �atuitv means a payment,toan,subscription,advance deposit of money,services, .
or anVthing of more than nominai vaiue,present or promised,uniess consideratlon
of substantialiy equal or greater value is received.
D. Kickbacks Prohibitetl. It shall be a breach of Contract for anY payment,gratuity,or
offer of employment to be made by or on behaif of a subcontractor under a .
contract to the prime contractor or higher tier subcontractor or any person associ-
ated therewith, as an inducement for the award of a subcontract or order. The
Contractor is prohib{tetl from inducing,by any means,any person employed under �
, �,-'•; .. ;
_ �
s �
.
-� .�,�.�.w,..
t
,�
r,,.
�.,.-
x�
this Contract to give up any part of the compensation to which he/she is otherw(se
entftled. The Contractor shall comply with all applicab{e focal, state and federal • °
"anti•kickback•statutes or reguiations.
E. Prohibited Conflict of interest. No officiai,offlcer,employee or representative of �•
the County during the term of this Contract or one c11 year thereafter shall have
any interest, direct or intlirect, in this Contract or the proceeds thereof. '.
(Additional restrfctions on present and tormer employees of County are found in
Article 7 of the Procurement CodeL
F. 5ub-COntract Clause. The prohibiUons against contingent fees,gratuities,kfckbacks
and conflict of interest prescribed in this Contract shall be made a condition of
conspicuously set forth in every sub•contract and solicitation therefor.
G. ConSnicuouslv means written in such specfal or distinctive format,print,or manner .
that a reasonabie person against whom it ts to operate ought to have noticed it. �
' H. Remedies. ln addition to other remedies it may have for breach of the
prohibitions against contingent fees, gratuitfes,klckbacks and conflict of interest,
the County shall have the right to:
(1)Terminate this Contract w(thout liability by the Caunty;
t2) Debar or suspend the offentling parties from being a contractor or sub-
contractor under county contracts;
(31 Deduct from the contract price or consideration,or otherwise recover,the'
value of anything transferred or received by the Contractor;and
� (41 Recover such vaiue from the other offending parties.
3. FOUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINdR(TYMIOMEIU BUSINESS
ENTERPRISES{DBE/MBEMIBE)
A. In connection with the execution and administration of this Contract, and any
subcontracts,the Contractor shali not discriminate against any employee or appli-
� cant for employment because of race, religion, color, sex, national origin, age,
handicap or status as a veteran. Affirmative action to prevent such discriminatian
shall include, without limitation,employment, upgrading, demotion or ter-
minatlon,rates of pay,or other forms of compensation,and selection for training,
including apprenticeship.
a. In connection with the performance of thts Contract,the Contractor will cooperate
with the County in meeting the County's commitments and goals with regard to
the maximum utilization of dlsadvantaged, minority and women business
enterprises and will use its best eftorts to ensure that such business enterprises
shall have the maximum practicable opportunity to compete for employment
antl/or subcontroct work,if any,under mis Contract.
C. The Contractor will furnish all necessary information and reports and wi11 permit ,
access to its books, records, and accounts by Pitkin County for purpose of
investtgation to ascertain compliance with the nondiscrimination/affirmative
action provisions of any resultant contract.
D. Employment Data and Afflrmative Action Pfan. If requested,the Contractor agrees
Yo submlt on an Employment Data Form to be provided by the County,the data
showing the utilization of disadvantaged persons, minorities and women by job
/
/ . . �
.. '
z
.
�`4�;;
_ ;
category within it5 organization. Where the Contractor has flfty f501 pr more �
empioyees or it is participating in contracts with the County which exceed Fifty- �
Thousand cS5o,000.00)Dollars,an Affirmative Action Plan must be submitted to the
County when requested by the County AttorneV'S OFfice with(n ten(10)days after '
selection. .'�
E. Noncompfiance. tn the event of the Contractor's noncompliance with the
nondiscrimination/affirmative action provisions of any resultant contract, Pitkin �
County shall impose such contract sanctions as it may determine to be appropriate, �'-
including,but not limited ta
� .r:
t1) W+thholding of payments under the Contract untii the Contractor
complies,and/or • .
(2l Cancellation,termination,or suspension of the Contract,in whole or '
in part.
4. TERMINATION FOR DEPAULT OR FOR CONVENIENCE OF COUNN
A. The performance of work under the Contract may be terminated by the County: ,
(1) Whenever the Contractor shall default in performance of this Contract in �''
�
accorqance with its terms,and fails to cure or show cause why such failure to
perform shou{d be excused within ten 110)days tor longer as the County may �
allow or shorter,but not less than three 13)days,for failure to provide proof. ,
_ of insuranCe or maintenance of any dangerous condition)after hand-delivery j
or mailing to the Contractor of a notice specifying the default If ma[led,said !
notice shall be sent by certified mail,return receipt requested,to the address �
specified herein for the Contractor.
i ._-
The Contractor shall not be in default by reasons of any failure in
performance of this Contract in accordance with its terms if such failure
arfses out of causes beyond the control and without the fault or negligence
� of the Contractor. Such causes may include,but are not restricted to,acts of
God, natural disasters, strikes, or freight embargoes, buC fn every case the
faiiure to perform must be beyond the control and without the faulC or �
negligence of the Contractor. upon request of the Contractor, the County
shall ascertain the facts and failure, and, if the County shall determine that �
any failure to perform constituted a valid commercial excuse, the �,
performance shall be revised accordingly and notfce of default withdrawn;ar
c2) whenever for any reason and in its sole discretion the County shali determine �
that such termination is in its best interest and convenient.
B. NotiCe of Termination. In the event of termination for tt�e convenience of the
CountY,the County shall deliver to the Contcactor a written notice of termination, , .
specffying tne reasons therefor,and the effective date of such termination. The
effective date shali not be earlier than the date of hand-delivery or the date of �
mailing of the notice,plus three(3)business days. The notice of termination shall
be sent regular first-class mail to the address of the Contractor herein provided. .
C. 7erminaCion Procedure. After the effective date of the notice of termination for �
default or for the conventence of the County, unless otherwtse directed by the
County,the Contractor shall:
Y �
, �,,�
^ � , �
�
,
R
��.i
l
�y�^ _
T •".
(1) Stop work under the Contract on the date specified in the notice of -
termination. � �
t21 Place no fui'ther orders for materials,services or facilities. � �
:�.
-�
(3) Termfnate all orders and subcontractors to the extent that tney relate to the
performance of work terminated by the notice of termination. j:�`
c4) With the approval or rat(fication of the County, settle all outstanding
liabflitfies and all claims arlsing out of such termination on orders or :
subcontracts, the cost of which would be compensable or reimbursable in • .�..r
whole or in part in accordance with ti�is Contract.
k.�
D. Termination Payment. After the effective date of a nottce of termination for the :;` '
convenience of the County,the Contractor shali submit to the County his termina- •
tion claim in the forrn of a final invoice in accordance with the provisions in
"Method of Payment," including costs incurred to the date of termination, and �;;
costs incurred because of termination, which termination costs shail not exceed
10�i6 of the total amount of proposal; provided, however, that in the event of �:�
default by the Contrador,no extra costs incurred because of termination shali be ��.
paid to the Contractor and any costs paid shail not be a waiver of any ctaim, �;; '
counterclaim or set-off by the County against the Contractor on account of any
default Such claim must be submitted promptiy,but in no event later than thirty
c3o)days from the effective date af termination,uniess one or more extensions are •
granted in writing by the County. Upon tt�e Contxactor's failure to submit a claim ��
- in the time ailowed, the County may review the information available to it and �
determine the amount due the Contractor, if any, and pay the Contractor the
amounC as determined.
E. Termination Settlement. Subject to Paragraph 4.D.,the ContraCtor and County may
negotiate the whole or any part of Che amount or amounts to be paid, upon
termination for default or for the convenience of the CountY.
� F. Remed+es. The Contractor sha►t have the righC of appeal from any determination
made by the County under "Termination for Default or for Convenience of
County;"except that if the Contractor has failed to submit nis claim within the time
provided in Paragraph 4.D.,above,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 Paragrapns 4.D.or 4.E.,above,the County
shall pay the Contractor:(1)the amount the County has determined if there is no
rigY►t to appeal or if no timely appeal ha5 been taken, or (2) the amount fina{ly
determined on such appeal if an appeal has been taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination ,
under Paragraphs 4.D.or 4.E.,he can appeal this decision fn writing to the County. ;
Such appeal must be made with{n twenty c201 days of receipt ir► writing o4 the _�� .
County's determination. The County shall have twenty (20l days in which to
respond in writing to the appeai. The County's response shall be finat and
conclusive uniess wfthin thirty t15)days from the date of rece(pt of such response ,+
the Contractor submits the dispute to a court of competent jurisdiction. '��
�,.,
5. METHOD OF PAYMENT
�i'�- � -
i"
�.y�
�
1,.
,
>�
:.�y,-
',,
. �,.:.
A. Once each four (41 weeks, or wnenever convenient to both the County and the ' -
Contractor or as otherwtse provided in the contract documents, the Contractor ;,: .�.
shall submit to the County an Application For Payment for percentage of work �,,
completed. •
:: .,
�'
B. After receipt and approval of charges, the County shall make payment thereon
within thirty c15)days of receipt of said charges to the Contractor.
C. Prior to a final payment under this Contract, the Contractor shali execute and
deliver:
t1) An assignment to the County of refunds, rebates,credits or other amounts, :. r_
including the interest thereon, properly allocable to cost for which the i��
Contractor has been reimbursed by the County under this Contract; � � �
t2) A release or waiver discharging the CountY for ail liabilities, obligations and
claims arising out of or under this Contract on behaif of the Contractor cand
his successors and assfgns) and of alt subcontractors and suppiiers, and an ,
indemnity protecting the County against any such tiabilities,obligations and
claims; �
(3) An assignment to the County for all warranties for products and operations �`:�
provided under this Agreement;and a
['.
_ (4) A warranty from the Contractor in a form agreeable to the part(es,but with a �!
warranty period of not less than one(v year. ��
(5) Notice of Advertisement,pursuant to C.R.S.Section 38-2E107,if applicable,or �
other applicable regulation or contract provision.
6. INTEGRATION AND MODIFICATION
� A. This Contract constitutes the full and complete agreement of the parties and
supersedes or incorporates any prior written and oral agreements of the parties.
In addition,the Contractor understands that no County official or employee,other ;
than the Board of County Commissioners acting as a body at a Board meeting,has �;
authority to enter fnto a contract or to modify the terms of this contract on behalf f.
of the County. Any such contract or modification to this contract must be in f
writing and be executed by the parties hereto. �
B. With respect to change orders under the Contract,the County and the Contractor '
shali process and approve/disapprove requests for change orders as otherwise .
provided in this Contract,subject to the requirements of the Procurement Code
and the Finance Office. �
7. I NDEM N ITY/INSU RAN CE
A. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shalt and �
hereby does release,discharge,indemniW and hold harmless the County of Pftkin �
and its officials, employees, agents and representatives from and against iiability
for any claim, demand, loss, damages, penatty, judgment, expenses, costs (in- _
cluding costs of investigation and defense),fees cincluding reasonable attorney and � ,
expert witness feesl or compensation in any form or kind whatsoever for any
y �
i ' l.�.
1
`.. � .
a
�h
r�
�pk ; ,
r�,
��:. ,.;:.
bodily injury, death, personal injury or property damage aris(ng out of or (n �± '
connection with any negligent act, intentional act, error or omission by the � `=
Contractor,and for any consequential liability alleged to accrue against the County ,.
on account of the ConCractor's actr,errors or omissions; provided, however, that ` :,•,,
such indemnity shall not be construed as an indemnity for bodily injury or �
propertV damage arising from the sole negli9ence of the County or its empfoyees. •�.-;;
e. The Contractor further shail investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuitr related
hereto at iCS sole expense and shall bear all other costr and expenses retated
thereto,even if the claim,demand or lawsuit is groundless,false or fraudulent.
G To fund this tndemnity,tn whole or in part,the Contractor shaN secure and main- �� -Y
tain for the term of its contractual relationship with the County such insurance �
poliCies,from companies Ifcensed in the State of Coiorado,as will protect itself,the � - '
County and others as specified, from claims for bodily injuries, death, personai •
(nlury or property damage,which may arise out of or result from the Contractor�s
acts,errors or omissions. Tne following insurance coverage,at or above the Ilmfts
indicated and including sucn endorsements as are indicated by an"X",are required: -
(1) Statutory Workman's Compensation: Colorado
sCatutorv minimums
f S.
(2) Commercial General Liability: I
Sodily Injury/Each Person 500.000 ;�'
/Each Occurrence 1.000 000 (
. Property DamageiEach Accident 500•000 f
/Aggregate 1000.00o f
Endorsements Icheck as appropriate): �
�COmprehensive Form(AU risksl F
�Premises/Operations
_underground,Expfosion&
Collapse Hazard
�Products/COmpleted Operations
� __x__Broad Form Blanket Contractual
tHold Harmless Coverage)
�independent Contractors E•
and subcontractors
_Broad Form Property Damage ;
�Personal Injury,with Employment
� Exclusion Deleted F
i
(3>Comprehensive Motor Vehicie Liability Insurance: i
Sodiry injury/Each Person 500.000 �
/Each occurrence �.000.000
Properry Damage/Each Accident SOQ,0o0
/A9gfegate 1�.�
Endorsements fcheck as appropriatel: "
�_Ahy AUto
�AII Owned Autos I
�Hired Autos
�Non-Owned Autos
_.Garage Liability
i
(• I
� ~f�
/ �.;,,. . .
•
� •
e
:i
:_�� �
��ry�
a"'„'
�,
c41 Special Coverage's ccheck as appropriate): -
�l1)Performance Bond and -= �
Labor and Materlal '�•
Payment Bond amount of nroiect ;;•�,�
_c2)Professional Errors and omissions �'�
Insurance:
Each Occurrence � �
Aggregate
_(3)Aircreft Liabil(ty -
towned,non-owned
and hiredl ;"r
_c41 owner's Protective ; '
Liability Policy : •
�(5)Builder's Risk amount of nroiect �
_(61 Boiler and Machinery �
_c7)Loss of Use Insurance i
D. To provide evidence of the required insurance coverage's,copies of Certificates of .
Insurance in a form acceptable to the County shall be filed with the County
(through the Project Managerl no later than ten c10)calendar days prior to com-
mencement of operations affecting the County. Failure to file or maintain accept-
able Certificates of Insurance with the County is agreed to be a material breach of
any contract and grounds for rescission or termination. These Certiffcates of .'�
Insurance shall contain a provision that coverage afforded under the policies witl �,.
not be canceled or materially altered unless at teast thirty(30)calendar days prior �
" written notice by certffied maii,return receipt repuested feffective upon proper t
mailing),has been sent to the County tthrough the Pro)ect Managen. (FOr purposes y
of this provision,"materially altered'shall mean a change affecting the coverage's !
required here(n, including a change to policy limits as set out in the then-curcent f
policy declarations page).
r
q .;:.
Simultaneously with the Certificates of Insurance,the Contractor shall ffle with the
� County (and promptly update, as necessaryl a certified statement as to claims
pending against the required coverage's, reserves established on account of such
clafms,defense costs expended and amounts remaining on policy limits.
E. in addition,these Certificates of Insurance shall contain the following clauses: 4
• f1l The Contractor's underwriters and insurers waive right of recovery or
subrogation against the County of Pidcin,it being the intention of the parties
that the insurance policies descrfbed in the Certificates shall be primary
coverage for any and all losses covered by the above-described insurance. To
the extent that the County's insurer(s) may become Itable for secondary or
excess coverage, the County's underwriters and insurers waive right of
recovery or subrogation against the Contractor.
(2I The clause "other insurance provisions,' in a pol(cy in which the County of .
Pitkin holds a Certificate,shall not apply to the County of Pitkin.
(3) The fnsurance companies issuing the policy or poticies hereunder shail have
no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
� �..,.,_ .
. '�
. � � ,.
�`�` _
�.,,,
.�: .;
(4) Any and all deductibles in the above-described insurance policies shail be "I ��
assumed by and be for the amount of, and at the sole expense of the �
Contractor.
� .
(51 Locat(on of operations shall be:"all operations and locations at which work �
for the referenced Project is being done."
F. Certificates of insurance for alt renewal policies shail be delivered to the Project
Manager at least fifteen(�5)days prior to a policy's expiration date except for any
policy expiring on the expiration date of ttiis Agreement or thereafter.
8. EXEMPTIONS AND PREFERENCE$ 3
A. All purchases of construction or buiiding 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,Coforado labor shail
be employed to perform the work to the extent of not less than eighty percent
(80%1 of each type or class of labor 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 �fid� residents of Colorado w(th a preference to residents of the ,
County where the work is performed. �
C. Preference is given, to the extent permitted by law, to: materials, supplies and
provisions produced, manufactured or grown in Colorado, quality being at least
equal to materials, supplies and provisions from outside the state; and to focal
(ROaring Fork valiey)services and labor of quality at least equai to non-local services
and labor.
9. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books,
records,and documents concerning its performance relating to this Project for a
period of three c3)years after final payment on the Project and the County shall
have the rlght within the three-year period to tnspect and audit these books,
records and documents,upon demand,in a reasonable manner and at reasonable
times, for the purpose of determining, by accepted accounting and auditing
standards,compliance with all provis(ons of rne Contract and applicable law.
10. ANNUAL APPROPRIATIONS
If the contract awarded as a result of a bid extends beyond the calendar year,
nothing herein shall be construed as an obligation by the County beYond anY
amounts that may be,from time to time,appropriated by the County on an annual
basis. It is understood that payment under any contract is conditional upon annual •
appropriation of funds by said governing body and that before providing serv(ces,
the Contractor, if he so requests,wili be advised as to the status of funds appro-
priated for services or materials and shall not be obligated to provide services or
materiais for which funds have not been appropriated.
91. $UCCESSORS AND ASSIGNS
i
,
. ` .
. ��
, �
a
.
��-5`.,�'�.���
�� 7��'•�,,:+:'..
;,,�' :t�:
This Agreement and all of the covenants hereof shall(nure to the benefit of and be �
� bindin9 upon the County and the Contractor respectively and their agents, -
representatfves,employees,successors,assigns and fega�representatives. Neither ;•�- °.,
the CountY nor the Contractor shall have the right Co assign or transfer its interest • . .�;
or obligations hereunder without the writCen consent of the other party,which ;,��..• -
consent shall not be unreasonably withheld. � ''
q2, g�RD PARTIES �'��
This Agreement does not and shall not be deemed or construed to confer upon or ;'
grant to anV third partN or parties,except to parties to whom Contractor o�County r ,� _
may assign this Agreement in accordance with the speciflc writCen permission,any �`"z
rights to clafm damages or to bring any suit, action or ott�er proceeding against �k.:�
either the Cour►ty ar Cantractor because of any breach hereof or because of any of ��.. , •
the terms,covenants,agreements or conditions herefn contained. �; ,
f�
13. 6SiREEMENT MADE IN COLORADO
r3 ..
1'he parties agree that this Agreement was made in accordance witt�the laws of ;;:•�
the State of Colorado and shail be so construed. Venue is agreed to be exciusively '�
in the courts of Pitkin County,Coiorado.
�� �
.. :�,
14. ATTORNEY'S FEES
in the event that legal action is necessary to enforce any of the provisions of this ',�
Agreement, the prevailing party shall be entitted to its costs and reasonable
attorney's fees. �
15. �L91LC��
Unless othesw(se provided tn the Contract Documents, afl notices under the
Agreement shall be sent certified maif, return receipt requested, and shali be
effective upon receipt or three t3)business days after matling,whichever is first.
T
i
1
�.
��. .
�)
.�.i:
�:i�
>� � ., '
��' �
f�
�''
� s
,�
_ / ';''�,
, ,
. �
� _ .
� .
, �
•`��� H.�
�l�
iv. Change Order Form ��,��,��`b`.��
w, ��.
_.i:.:
:�;;: .�
. i.
'y`..'
j
�'t
f::'i.
�•,x.:�;,..�•.
•4.
�.�a�.' .
7: .
,ry .
�''.
i.: ..
:r" '
;'.,
��
v t.
�
/
'..
�
:. � .
i
!
i
, .
.�
..�;
�:.
:j ..
,� , --
�; �
. ':
,.�
. � , -
•r��
� `.;,�,;.,
1 .
,
, + .
. �
_:�� .
;,� . •
�a::
._ _ ...ri. _. .. _....-._..._. ...
�'S:,�i<•i
�'.t
7�;.�y,
�:
i_. .
• CHANGE ORDERS ; ,.:'
1) For each Change Order the Contractor shall submit SufFicient cost and pricing data �- �
as descrtbed in this section,to enable the County to ascertaln the necessity and
reasonableness of costs and amounts proposed. :.,•�.�
a) If directed by the County Representative, me Contractor shall promptly
submit an offer, in writing,to do the required work on a lump sum or unit i `:
price basis, as specified, or as directed by the County Representative. The
stated prfce,either lump sum or unit price,shall be divided so as to show tnat �=
it is the sum of: (1)the estimated cost for direct labor,material,anC use of `• .-
equipment; (2)the estimated cost of Workmen's Compensation and Liability •':r�
Insurance, Health,Welfare and Pension benefits, Soclal Security deductions
and Employment Secur(ty benefits;(3)plus a maximum of 15 percent of the �� � .
total of (1) and c2) for overhead and profit. such markup includes the i�
proportionate cost of surety bonds. �
f `
b1 Uniess an agreed upon sum and/or unit price is obtained from above and is so , �
! .::
stated in the Change order, the Contractor will accept as fult payment for
work or materials for which no price agreement is contained in the Contract �� �
an amount equal to the foflowing: (1) the actual cost of direct labor, !
material,and use of eqWpment; (21 plus actual cost of Workmen's Compen- �,`
sation and Pension benefits, 5ocial Security deductions, and Empfoyment s�
Security benefits; (3]plus 20 percent of the total of(1)and(?J for overhead �%,.
and profit,such markup includes the proportionate cost of surety bonds. ;�
- c] For work performed by a Subcontractor, Che ContracCor shali accept as full 'j
payment thereof an amount equal to the actual cost to the Contractor of
such work as determined by the County Representative, plus a maximum of
10 percent of such cost
d) No allowance shall be made for general superintendence and the use of small
t0o15 and manual eqUipment
ef The Contractor shall fumtsh "stemized statements of the cost of the work
ordered and give the County Representative access to all account5, b111s and ;
vouchers; he shall not be entitled to payment for any items of extra work for
which such information is sought by the County Representative.
fl After all the applicabte calculations have been made,the e�ctra work order will
be reduced by credits for work deleted and modtfied.
� The Contract Price may be changed onry by a Change Order. The value of any Work
covered by a Change Order or of any claim for increase or decrease in the Contract �
Price wilf be determined in acco�dance with the methods tisted in the above +
section.
, .
�j.
��:
;}
� � -
1
D
'
. , ,•',1�..
, 1� �
.
. ;
r�i:� 1., ,� ' .
,
.. ,:. .- .
. .. ,.. �
, ._ . _ .
.. R." .... . . '• � . .. . . . . .. -.. . . . .
� v Y;��,},
�u,"•j�. *:t�:
�Y� ,
« ,��;
a '°
::
::'
CHANCE ORDER FORM t"� '`�,
ti.
.Y"�:."
•.,.
Contract Number:
F•�
Contract Title•
;�:�`.?�
Change order Number: �
�.,. r .;
county's Name:
�:
Owner's Address: � .
Contractor's Name:
Contractor's Address:
�PSCrintion of Chanae: �
D
�
:�i.e
, i `
�
gQ�on for Ghanae:
� i
� �-
I
I
. . . � ,.sc.......;
i
.-a . . ' . 4 (��,���:
1 ��
� - � _
. ,.
.�Y.`
.� � •
.,�
�.._____..___
�� M
�i,Y' !
.:�..5. iY�
��� �$y .
� t
:���.
Contract Number � �.
�y:.. , ..�.
Change order Number ` .
original Contract Price S i ��
Net Increase/Decrease In -;i:��`;. :
Contract Price tthis
change orderi S •� r'�
,�.-_.. .
Total Adjusted Contract �� .
Price(including this y-.
change order) S �
This change orUer e�ends the r;,. ..
time to complete work by qlendar daYs �
The extended complet(on date is .
� ,
This change order cnecked by �`�`�
CountV Representat(ve Date � �
y ,
This change order requested by �
;
� This change order is recommended by:
Consulting Engineer PE/ Date .s
The undersigned agres to the terms of the change order:
i
Contractor Date �; �.•
County Representative Date �
Approval as to appropriation:
a
�
�„ •
, .F,
CertiflCation Officer Date
,�.
i'i•
�;4
� ' � _-
S.�•,
;�
„�
,t�:
' . � �`, '
1
r
. _
:�: .
p.� '
'•%
��. � :� i .. 4 � �'. � ; { •..
.. . ... .. � _-. . . _. . :'�. . ._.. , , ��ti t. ..__.�...�..,Ati,_•.rs:.'.-��1;:,.if � .
'�:% R
'IY�,�i.^y��
r�.� �.�,�:.
?''�r,
F�i J �����.;
, •�;
v. Notice of Non-Compliance ��; .,,
. ,�'S
.Y: , ...
j�
���
.:f;�.>a.
. :1..`.,t"� - .
k.
,.:`
�;.
:,
- :;
�
� k
i ' ); '
i �
f
� �.
C •
l
�I
1 �'
��� i
.:)
�� I` '
t :.
..�
/, . � . . . . . .. . . . • � '�� . ..
4
�. *
.
.a. .
,i:,�..". . .
:�.e
�. � +..,.:.�,�
�M;;i�3
;��''�.
y?:`::;,;�
' NOTICE OF NON-COMPLIANCE '' z.�����
T0: DATE:_ ; .,
�i,
TIME:
- , .�.
i '
PROIECT TITLE:
'Y..
CONTRACTOR:
You are hereby notified that O observation O tests c) .
inspection indicates that the
h
does not conform to the specifications requirements. The �
i•
specification violated is Section �
Article/Paragraph . Under the provisions of the
� contract specfFlcations,the requirements are ,
�;.;�
It shall be your responsibility to determine the corrective action necessary, and to
- determine whether you wish to discontinue operations until additional investigations by
the Owner or ArchitectJEngineer conffrm or refute the initiai findings.
� ProJect Representative
Original noncompliance notice was hand delivered to Contractor on
By
Title , •
e-1
catlg:projects:aircagr
' 1
" / .�2
' :
. '1•'����.
\
y , .
a
>/